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HomeMy WebLinkAbout030854 RES - 05/17/2016 RESOLUTION TO WAIVE THE TIME ALLOTTED UNDER CITY CHARTER ARTICLE I SECTION 4 FOR COUNCIL CONSIDERATION OF ADOPTION OF AN INITIATIVE ORDINANCE AND AUTHORIZING THE CITY SECRETARY TO FURNISH THE PROPONENTS PETITION PAGES UPON PASSAGE OF THIS RESOLUTION WHEREAS, Article I Section 4 of the City Charter authorizes the citizens to submit ordinances being proposed by initiative; WHEREAS,Article I Section 4 of the City Charter provides that 45 days from the date of presentment of the ordinance to the City Council shall be allotted to the City Council to consider the adoption of such ordinance; WHEREAS, Article I Section 4 of the City Charter provides that in the event the City Council fails to take the proposed action within the time allotted, the City Secretary shall furnish to the proponents petition pages for circulation among the registered voters of the City; WHEREAS,a proposed citizen initiative ordinance was submitted to the City on April 15, 2016 regarding transportation network companies; WHEREAS, the City Council considered and voted upon a proposed citizen initiative ordinance at its meeting on May 10, 2016 at which time the ordinance failed to pass; WHEREAS, case law including Cawthorn v. Houston 231 S.W. 701 (Tex. Comm. App. 1921, holding approved) provides the City Council may waive a Charter provision when it is determined to be a provision solely for their convenience; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Charter provision found at Article I Section 4(d)which allots 45 days for City Council consideration of citizen initiative ordinances is hereby found to be a provision solely for the convenience of the City Council that may be waived by action of the City Council. Section 2. That the City Council hereby waives the full 45 days allotted for City Council consideration with regard to the citizen initiative ordinance submitted to the City on April 15, 2016 regarding transportation network companies. Section 3. That the City Secretary is authorized to furnish the ordinance proponents with petition pages meeting the requirements of the City Charter upon the final adoption of this Resolution by the City Council. ATTEST: CITY OF CORPUS CHRISTI 030854 INDEXED Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Cjiristi, Texas nmo, U ,� The above resolution was passed by the following vote: Nelda Martinez Rudy Garza U0 lit Michael Hunter Chad Magill Colleen McIntyre 0111/ Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn (thy 4 030854