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HomeMy WebLinkAbout15467 ORD - 04/09/1980 (2)• jkh:4-9-80;1st AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY OF CORPUS CHRISTI IN THE 5TH DAY OF APRIL, 1980, UPON THE QUESTION OF ADOPTING AMENDMENTS TO THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, heretofore on March 5, 1980, the. City Council of the City of Corpus Christi passed Ordinance No. 15403 calling an election on the question of adopting amendments to the City Charter of the City of Corpus Christi, said election to be held in said City of Corpus Christi on the 5th day of April, 1980, the propositions set out therein, numbered 1 through 14, are incorporated herein by reference; and WHEREAS, it appears that all requirements of the law respecting the submission of amendments of a City Charter to the qualified voters were in all respects lawfully and properly performed and executed; and WHEREAS, notice of said election was accordingly given as required by law, and as directed by the City Council, as is shown by affidavits properly filed in the office of the City Secretary; and WHEREAS, said election was duly and legally held on the 5th day of April, 1980, in conformity with the election ordinances heretofore passed by this City Council, and the result of said election has been duly certified and returned to this Council by the special canvassing board, proper judges and clerks of said election; and WHEREAS, this Council has canvassed the returns of said election on the propositions voted upon at the election which was held on the 5th day of April, 1980; and WHEREAS, it appears to the Council, and the Council so finds, that said election was in all respects lawfully held and said returns duly and legally made, and that there were cast at said election the following votes: PROPOSITION NUMBER 1: For 8,656 PROPOSITION NUMBER 2: Against 7,649 For: 8,361 Against: 7,643 CV 15467 4�� PROPOSITION NUMBER 3: For: 9,086 Against: 7,034 PROPOSITION NUMBER 4: For: 9,796 Against: 6,063 PROPOSITION NUMBER 5 For: 10,268 Against: .5,535 PROPOSITION NUMBER 6: , For: 8,515 Against: 7,682 PROPOSITION NUMBER 7 For: 10,757 Against: 4,667 PROPOSITION NUMBER 8 For: 9,546 Against: 6,001 PROPOSITION NUMBER 9 • For: 9,944 Against: 5,823 PROPOSITION. NUMBER 10 For: 10,924 Against:• 4,784 PROPOSITION NUMBER 11 For: 10,999 Against: 4,281 PROPOSITION NUMBER 12 For: 11,036 Against: 4,471 PROPOSITION NUMBER 13 For: 9,161 Against: 6,200 PROPOSITION NUMBER 14 For: 10,049 Against: 7,405 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the propositions set forth in Ordinance No. 15403, adopted March 5, 1980, calling said election on the question of adopting -2- • amendments to the City Charter of the City of Corpus Christi, which Proposi- tions are incorporated herein by reference, are hereby found to have been sustained and approved by a majority cfthe qualified voters of the City Voting at said election on April 5, 1980; in accordance with the said tabulation of votes hereinabove set forth, the City Council finds that the Propositions were carried by a majority of the votes. The tabulation of votes cast at the election on said Propositions are hereby adopted and are declared adopted and placed in full force and effect as amendments to and part of the City Charter of the City of Corpus Christi, in accordance with the Propositions voted on at said election. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. That the necessity for promptly canvassing the results of said Charter Amendment Election creates a public emergency and an impera- tive public necessity requiring the suspension of the Charter ru&E that no ordinance or resolution shall be passed finally on the date of its intro- duction but that such ordinance or resolution shall be read at three several Meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and having requested the suspension of the Charter rule and that -this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the =J day of April, 1980. ATTEST: Cit Secretary APPROVED: 9th DAY OF APRIL, 1980 AS TO PROPOSITION NOS. 1 THROUGH 13; WRITTEN OBJECTIONS FILED AS TO PROPOSITION N0. 14: J. BRUCE AYCOCK, CITY ATTORNEY ty Attorney. ���/ TH CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas day of APRIL , 19 $O TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, ,+ 1 THE OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 15467 U.S. Department of Justice DSD:JMC:ZIF:gml DJ 166-012-3 D0474-0482 D1770-1771 D0483-0493 1 Mr. R. Marvin Townsend City Manager 302 South Shoreline Post Office Box 9277 Corpus Christi, Texas 78408 Dear Mr. Townsend: Washington. D_C 20530 16 MAY 1980 This is in reference to four annexations, five polling place changes and the April 5, 1980, referendum election for the City of Corpus Christi; the joint election by the City of Corpus Christi and the Corpus Christi Junior College District; the changes in the absentee voting location and ten polling places for the Corpus Christi Junior College District in Nueces County, Texas, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended. Your submission was received on March 17, 1980. Although we noted your request for expedited con- sideration, we have been unable to respond until this time. The Attorney General does not interpose any objec- tions to the changes in question. However, we feel a respon- sibility to point out that Section 5 of the Voting Rights Act expressly provides that the failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the enforcement of such changes. Sincerely, DREW S. DAYS III Assistant Attorney General Civil Rights. Division BY:._acs_ on122 GERALD W. JONLrS Chief, Voting Section cc: J. W. Gary, Esq. 4 ..,•-•4-8, c� a A,1 �lrr CITY OF CORPUS CHRISTI, TEXAS MAYOR L UTHER JONES CITY COUNCIL EDWARD L. SAMPLE .1.0,04 PRO TEM O R. JAG[ BEST D AVID 01. JADI E. DUNPIY B ETTY N. TURNER E:LUT BUSBY 6,t, May 8, 1980 Mr. George W. Strake, Jr. Secretary of State State Capitol Building Austin, Texas 78711 Dear Mr. Strake: CITY MANAGER R. NARVIN t0 300ND CITY SECRETARY B14 B. READ CITY OFFICES Rm BOMB SHORELINE mar WEIRS SOX GS77 PRONE [SI21 RS43O)1 ZIP PORE TBS Enclosed is a copy of amendments to the City Charter of the City of Corpus Christi which were adopted following a City Charter Election which was conducted on April 5, 1980. As soon as the pages are printed reflecting these changes in the City Charter are available, they will be forwarded to you to be inserted in your copy of the Charter. Yours very truly, BGR/dz Enclosures B111 G. Read City Secretary TF4ct1 o RJEc-toxf To DRD/1wANC6 INTER -OFFICE COMMUNICATION Dept. Legal To R. Marvin Townsend, City Manager, Mayor, & Members of the City Council From J: Bruce Aycock, City Attorney Subjee. Legality of Pro•osition 14 Date April 8, 1980 The pre en City `h•i ter provis on regarding the maximum tax rate in Article VII. Taxation and Bonds, Sec. 1, paragraphs (a) and (b.v/ The words "This maximum tax rate" as contained in the present paragraph (b) refer to the constitutional maximum of $2.50. The present paragraph (b) makes. "This maximum tax rate available at all times for the purpose of meeting interest and principal requirements of debt existing as of the date of any tax levy." However, as used in Proposition 14, "This maximum tax rate" is ambiguous, to say the least. Proposition 14 reads: "This maximum tax rate shall be available at all times for the purpose of meeting interest and principal requirements of debt existing, including bonds previously authorized, but not yet sold as of the date of any tax levy." Upon first reading, that usage would seem to continue the present wording of paragraph (b) save for adding a reference to bonds previously authorized but not yet sold. On a question by the Council during a hearing on proposed Charter amendments, Tom Hunt, one of the representatives of the Taxpayers Association, insisted that it was not the intention of the Association that the proposed reduced -tax rate would in any way affect or apply to prior bonded indebtedness. Later, however, he returned and said that after meeting with his group and their attorney that they intended whatever is submitted in Proposition 14. If "maximum tax rate" refers to paragraph (a), then an irreconcilable conflict occurs between the first and second sentences. The second sentence reads: "The maximum tax rate for all purposes, including debt services existing and proposed, shall not exceed sixty-eight cents ($0.68) per one hundred dollars ($100.00) of assessed value." If it is the intention of the petitioners that the 68¢ tax rate applies to prior bonded indebtedness, then an impairment contrary to law would take place inas- much as at the time the bonds were sold the City stipulated that the maximum tax rate available to service the bonds would be up to the constitutional rate of $2.50 as set out in paragraphs (a) and (b) of Article VII, Section 1. See City of Austin v. Cahill, 88 S.W. 542 (Tex.Sup.1905); Voorhies v. City of Houston, 8 S.W. 109 (Tex.Sup.1888). Next, Proposition 14 attempts to limit the percentage in increase of assessed value of any taxable property to 6% per annum unless an addition or improvement To RMT, Mayor & City Council April 8, 1980 Page 2 is made to the taxable property or if the property is sold. If an improvement is added, then that increase in value is to be added to the assessed value or if the property is sold, the property is to be assessed at the sale price and thereafter subject to the 6% per annum limit. The 6% per annum limitation, in my opinion, is contrary to the Texas constitu- tional and statutory requirements that property be assessed at its fair market value. Article VIII., Section 1 of the Texas Constitution, Article 7149, V.T.C.S., Whelan v. State, 282 S.W.2d 378 (Tex.Sup.1955). This memorandum opinion is submitted as required by Article IV., Section 25 of the City Charter with respect to written objections of the City Attorney to any ordinance being recorded. In view of the conflicts in structure and in law set out above, I recommend that either the District Court of Nueces County be asked to give guidance in interpreting and trying to reconcile the conflicts to protect the City's bond rating and contractual integrity or that the Council refuse to declare Propo- sition 14 adopted and part of the Charter until the Court determines what part of it, if any, is valid. !' /u J. B coc JBA:vp