1026 RES ARTICLE II SECTION 1 OF CONSTITUTION OF TX PROVIDES FOR SEPARATION OF POWERS OF GOVERNMENT

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RESOLUTION NO. 1026' WHEREAS, Article II, Section 1, of the Constitution of Texas, provides for the separation of the powers of the Government of the State into three separate and distinct branches, namely: The Legislative, the Executive, and the Judicial functions; and, W HEREAS, the 57th Le gis lature of the S tate of Texas has sub - mitte d an amendment to the above s ection of the C ons titution of Texas, which would permit the Legislative Branch of the Government of Texas to dictate to the Judicial Branch of the Government of Texas how its proceedings will be conducted; and, WHIEREAS, said amendment on the ballot for the coming election is No. 14 and is known as "Trial I?e Novo" Amendment; and, WHEREAS, the passage of Amendment No. 14, the "Trial I?e Novo" Amendment could and would destroy the substantial evidence rule on appeals from administrative agencies of the Government; and, WHEREAS, adoption of Amendment No. 14 could and would affect the dec is ions of the G ity C ouncil, the Equalization Board, the Planning and Zoni.ng Commission, the Health I3epartment, the Civil Service Commission, the I?epartment of Public Works, and would place the fact findings of these agencies in the hands of a jury in the district court; and, WHEREAS, this would not only delay and hamper the functions of the city governments throughout the Sta.te of Texas, but the same would so affect decisions of the Commissioners' Courts, School Boards, and all of the various departments of the Sta.te Government of Texas who are charged with administrative findings; and, WHEREAS, Amendment No. 14 would flood the district courts of Texas, which are already crowded, with hundreds of cases which should be handled by administrative agencies; NOW, THEREFORE, BE IT RESOLVEI? BY THE CITY C OUNCIL OF THE CITY OF PARZS, TEXAS, That the City Council go on record as being opposed to the adoption of Amendment No. 14 in the coming General Election in November, 1962. Passed and adopted this 15th day of October, A. D. , 1962. Mayor ATTES T: C ity C le rk A PPROVEI? AS TO FGRMe j. " : ~;'-~~'~-~'-r._-• C ity A tto rne .