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HomeMy WebLinkAbout15581 RES - 06/11/1980• • A RESOLUTION IMPLEMENTING CITY COUNCIL --CORPUS CHRISTI TAXPAYERS ASSOCIATION CONCILIATION; AND DECLARING AN EMERGENCY. WHEREAS, the City Council and the Corpus Christi Taxpayers Associa- tion have been in dispute and through their representatives have agreed to resolve that dispute according to the terms set forth in a written press re- lease signed by Mayor Luther Jones and Tom Hunt dated June 8, 1980, a copy of which is attached as Exhibit "A" and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the terms of the conciliation set forth in the attached press release are approved, ratified and confirmed. SECTION 2. That the City Council directs that the tax rate for the fiscal year 1980-1981 shall not exceed 684 per hundred dollar valuation and the Council will affirmatively consider reducing the rate below the 684 if it is possible. SECTION 3. That the City Attorney is directed to dismiss Cause No. 306878, City of Corpus Christi v. All Taxpayers, et al, pending in the 147th Judicial District Court of Travis County, Texas, with prejudice, upon being informed by the Taxpayers Association's attorney that the recall petitions are in his hands for destruction upon dismissal of such lawsuit. SECTION 4. That this Council will continue to consider the creation of Industrial Districts. SECTION 5. That the Budget Advisory Committee is directed to study the advisability of allowing discounts for early tax payment in view of the accounting expense in allowing such discounts. SECTION 6. That the necessity to resolve the dispute at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction 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 resolution be passed MICROFILMED AUG 2 91980 15581 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 RESOLVED, this the /1 day of June, 1980. ATTEST: APPROVED: )N1., DAY OF JUNE, 1980: J. BRUCE AYCOCK, CITY ATTORNEY By City At rney MAYOR ''Qe- Lc' THE CITY OF PUS CHRISTI, TEXAS • What has happened in our city has been felt from as far west as Seattle, Washington to the East Coast and Florida. Both the City Council and the Taxpayers Association have felt they were richt on the issues. Whether one side is totally right or the other is totally wrong is really beside the point, because the best interest of this City is still the most important thing, not who wins the fight. With that thought in mind, this City Council and the Corpus Christi Taxpayers Association propose that the following resolution and settlement be implemented: 1. The City Council will direct the City Attorney to dismiss the suit which was filed in Austin.._The Taxpayers Association will agree to the dismissal of the suit and to cease their recall effort. Z. The City Council will pass a formal resolution consistent with what it _ has already done with respect to the 686 tax rate. The City Council has previously directed the Tax Azsessor to send all tax notices on the basis of the 686 tax rate. The Council, • however, has not concluded the budget study. If it is possible following that study to reduce the rate below the 684 that will be affirmatively considered. 3. The City Council has appointed a Budget Advisory Committee to study reductions in the budget. One item which has been important to the Taxpayers Association is the discount for early tax payment. In the last election the voters approved a proposition that stated that the City Council may allow these discounts. The Council therefore directs _ the . Budget Advisory .Committee to study the advisability of allowingthese discounts when the benefit of early payment is considered in light of the accounting expense in allowing the discounts. 4: : During the last several weeks City business has been disrupted by the controversy that has been fueled by the press concerning the recall of' the City' CounciL As a result, the Council has not had the time it wants to pursue The consideration of the Industrial District concept which it was studying three weeks ago. Once The present problems are resolved, this Council will continue to consider the creation of Industrial Districts. 5. The Taxpayers Association has been furnished an opinion of its Iegal counsel that the 6% per year limitation on increases in assessed value is unconstitutional and is, therefore, invalid. 6. –As. a. result,. the. Taxpayers Association has decided that it would be in the best-interest`of=,.his City -to withdraw its recall effort and deliver the recall petitions to its attorney, who will destroy the same when the City's lawsuit is dismissed with prejudice and when the suit brought by Dr. Best has been dismissed with prejudice and each party will give the other a Common Law Release. 7. The Taxpayers Association still contends that the remaining part of Proposition 14, which reduces the tax rate from 746 to 684 is valid.. However, neither party feels that litigation is necessary on that question, in view of the City Council's prior commitment to send tax notices at no higher than the 68brate. - - 8. The Executive Board pf the Taxpayers Association will, if it believes this settlement to be in the best interest of the City of Corpus Christi and its taxpayers, approve and recommend this settlement It will then call a general meeting and take a vote of the member...hip. In the avant the rnerabersh:p of the Taxpayers Association favors this settlement, then Mr. Tom Hunt will be authorized to carry out each of the actions required -by the Taxpayers Association 9. Attorneys for the City, the Taxpayers Association and Dr. Jack Best shall be further authorized to make appropriate statements to the press consistent with the above. Both sides request that the press, local and national, report that responsible elected officials and responsible citizens of this City have used the democratic process to resolve their differences without a recall election, and have done so in the spirit. of respect, friendship and with the joint goal of achieving the best interest of the citizens c: this co—.slty. • /7 . / G': ,��� �'�� / div Corpus Christi, t xas // day of � A 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, MAYOR Pro -fun THE CITY OF The Charter rule was suspended by the foll Luther Jones ' Edward L. Sample Dr. Jack Best David Diaz Jack K. Dunphy Betty N. Turner Cliff Zarsky The above ordinance was passed by Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky CHRISTI, TEXAS vote: the following vote: 15581