HomeMy WebLinkAbout15613 RES - 06/25/1980•
A RESOLUTION
WHEREAS, on March 5, 1979, petitions containing signatures in excess
of 5% of the City's qualified voters were received, requesting that an elec-
tion be called to consider the following Charter amendment:
"AN ARTICLE AMENDING THE EXISTING COLLECTIVE BARGAINING
AGREEMENTS BETWEEN THE CITY OF CORPUS CHRISTI AND THE
ASSOCIATIONS RECOGNIZED AS THE EXCLUSIVE BARGAINING AGENTS
FOR FIREFIGHTERS AND POLICEMEN, TO PROVIDE FOR ARBITRATION
AS A METHOD TO RESOLVE COLLECTIVE BARGAINING IMPASSES BETWEEN
THE CITY AND SUCH ASSOCIATIONS," and
WHEREAS, on July 3, 1979, by Resolution 14980 the City Council
directed the City Secretary not to proceed with an election as a result of
the petitions because the "subject matter of the petition has been withdrawn
from the Charter election process by the State Legislature in Article 5154c,
and because the form of the petition is inadequate to constitute a Charter
amendment in that the proposition amends the collective bargaining contracts
and not the Charter," and
WHEREAS, the International Association of Firefighters, Local Union
No. 936, and the Corpus Christi Police Officers Association filed suit on
July 6, 1979, in the 148th District Court for a writ of mandamus to order
the requested election, and
WHEREAS, on July 30, 1979, the 148th District Court instructed the
City to proceed to hold a Charter amendment election, and
WHEREAS, the case was appealed by the City to the 13th Court of
Civil Appeals who, on May 22, 1980, affirmed the decision of the 148th
District Court, finding that the subject matter was appropriate for a Charter
election and that the constitutionality of the provision itself could not
be resolved until after such an election, and
WHEREAS, Article 11, Section 5, of the State Constitution provides
"that no city charter shall be altered, amended, or repealed oftener than
every two years," and
WHEREAS, an election was held on the first Saturday in April, 1980
(April 5, 1980), at which 14 amendments to the City Charter were approved, and
WHEREAS, the next date at which a Charter election can apparently
be held is the first Saturday in April, 1982 (April 4, 1982):
15613
MICROFILMED
F.29e9a0.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. If the Texas Supreme Court upholds the recent decision
of the 13th Court of Civil Appeals mandating a charter amendment election
on binding arbitration, the City Council will urge the next City Council to
call an election to consider the proposed Charter amendment to amend fire
and police collective bargaining contracts by providing mandatory arbitration
to resolve impasses.
In the interim, to determine if the holding of an election is legally
required, and to resolve the issues of whether or not such an election will
legally accomplish the goal of the petitions, the Legal Department is
instructed to pursue the pending lawsuit through the appeals process and
to attempt to expedite the appeal so that it will be finally resolved before
the 1982 election is officially called.
The City Council urges all citizens to become informed about the
issues involved in the proposed amendment and to participate in public
discussion thereof.
SECTION 2. The necessity for the City Council to express its
determination to resolve the aforesaid manner in a timely and orderly manner
at the earliest practicable date creates a public emergency and an imperative
public necessity requiring the suspension of the Charter rule that no ordi-
nance 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, having requested the suspension of the Charter rule and
that this resolution 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 RESOLVED, this the 2571 day of June, 1980.
ATTEST:
i�Ci Secretary
APPROVED:
25th DAY OF JUNE, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
City At! rney
THE ITY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
c day of 9,4,0LA_ 19_8011_
•
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
THE C OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
following
vote:
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
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