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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not to proceed with an election as a result of the petitions because the "subject matter of the petition has been withdrawn from the Charter election process by the State Legislature in Article 5154c, and because the form of the petition is inadequate to constitute a Charter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WHEREAS, Article 11, Section 5, of the State Constitution provides "that no city charter shall be altered, amended, or repealed oftener than every two years," and WHEREAS, an election was held on the first Saturday in April, 1980 (April 5, 1980), at which 14 amendments to the City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. • • 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 15613