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HomeMy WebLinkAbout025018 ORD - 09/17/2002AN ORDINANCE AMENDING ORDINANCE 024952, WHICH CALLED A SPECIAL ELECTION ON NOVEMBER 5, 2002, TO ADD TO THE BALLOT A CHARTER AMENDMENT PROPOSED BY PETITION TO CHANGE THE COUNCIL/MANAGER SYSTEM OF GOVERNMENT TO A STRONG MAYOR SYSTEM AND A CHARTER AMENDMENT PROPOSED BY PETITION TO REQUIRE AN ELECTION FOR LEASES EXCEEDING FIVE YEARS IN THE MARINA AREA; AND DECLARING AN EMERGENCY. WHEREAS, on July 16, 2002, the City Council of the City of Corpus Christi, Texas, approved Ordinance No. 024952, which called a special election to be held on November 5, 2002, on the question of whether to authorize a corporation governed by Section 4A of article 5190.6, Vemon's Texas Civil Statutes, to use a sales and use tax of one-eighth of one percent for projects authorized by said statute, and on the question of whether to continue the Corpus Christi Crime Control and Prevention District; and WHEREAS, subsequently, two separate petitions have been received to amend the City Charter of the City of Corpus Christi, Texas; and WHEREAS, the City Council desires to add the charter amendment proposals to the November 5, 2002 ballot. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Ordinance No. 024952 is hereby amended by adding a new SECTION 6A to hereafter read as follows: SECTION 6A On July 23, 2002, petitioners delivered to the City Secretary a petition providing as follows: PETITION CALLING FOR CITY OF CORPUS CHRISTI CHARTER AMENDMENT ELECTION ESTABLISHING A MAYOR COUNCIL FORM OF GOVERNMENT We, the undersigned registered voters of the City of Corpus Christi, Texas, under Section 9.004 of the Texas Local Government Code, hereby petition the City Council to call an election to amend Article I, Section 3 of the City Charter, to be effective upon completion of the April 2005 City Council Election and to read as follows: The municipal government provided by this charter shall be a "Mayor Council Form of Government." The elected mayor shall be the chief executive and administrative officer of the city. On August 6, 2002, the City Secretary certified that the petition contained sufficient signatures to require an election under Texas Government Code Section 9.004. SECTION 2. Ordinance No. 024952 is hereby amended by adding a new SECTION 6B to hereafter read as follows: SECTION 6B. On August 27, 2002, petitioners delivered to the City Secretary a petition providing as follows: PETITION FOR CHARTER AMENDMENT Corpus Christi City Charter We, the undersigned, petition for an amendment to the City Charter of Corpus Christi, Article IX. Public Utilities, Franchises And Leases, Section 2, Power to Grant Franchise or Lease, to require voter approval for any lease longer than five years that covers any property located in the Corpus Christi Marina area or in Cole Park, with the exception of leases to certain non-profit organizations, so that as amended the second semence of Section 2(a) shall hereafter read as follows: No franchise or lease on any property of the city eastward of the Seawall that was patented to the city by the State of Texas or in Cole Park shall be granted, renewed, or extended for a term of more than five years unless approved by the qualified voters of the city at an election duly called for such purpose; provided that, such election requirement shall not apply to a lease to a non-profit organization exempt under Section 501(c)(3) of the Internal Revenue Code, as amended. On September 13, 2002, the City Secretary certified that the petition contained sufficient signatures to require an election under Texas Government Code Section 9.004. SECTION 3. Ordinance No. 024952 is hereby amended by adding the following to SECTION 7 thereof: PROPOSITION NO. 3 STRONG MAYOR FOR AGAINST Amending the Charter of the City of Corpus Christi to: 1) abolish the Council-Manager form of government used by the City since 1945, in which the City Council appoints a professional manager to hire and fire most city employees and manage finances and departments; and 2) replace it with a Strong Mayor form of government, in which an elected mayor hires and fires most city employees and manages finances and departments. PROPOSITION NO. 4 MARINA LEASES FOR AGAINST Amending the Charter of the City of Corpus Christi to prohibit leases or franchises longer than five years covering any City property in the Marina area or Cole Park unless first approved by the voters. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon an emergency measure this the. I ~ '~ day of ~_,, 2002. first reading as ATTEST: Armando Chapa City Secretary Mayor, The City of Corpus Christi APPROVED THIS THE I ,1. DAY OF ~04r-,-~, 2002: James R. Bray, Jr., City Attorney Corpus Christi, Texas ~_ ,~ ^ ~O"day of~ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, uel ~ Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott 025018