R2005-0108 06-27-05RESOLUTION NO. R2005-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ACCEPTING THE FINAL RECOMMENDATIONS OF THE
CHARTER REVIEW COMMISSION INTO THE OFFICIAL RECORD OF
THE CITY AND DIRECTING STAFF TO PUBLISH THE
RECOMMENDATIONS IN THE NEWSPAPER.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain recommendations of the Charter Review Commission, a
copy of which are attached hereto as Exhibit "A" and made a part hereof for all purposes, is
hereby accepted the recommendations into the official record of the City staff is directed to
publish the recommendations in the newspaper.
PASSED, APPROVED and ADOPTED this the 27th
A.D., 2005.
__dayof ,June
MAYOR
ATTEST:
~"I-Y SEG~ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
2005 CITY OF PEARLAND
CHARTER REVIEW COMMISSION'S
PROPOSED CHARTER AMENDMENTS
AND RECOMMENDATION
CHARTER AMENDMENTS
Section 1.02. Incorporation.
The inhabitants of the City of Pearland in Brazoria, and Harris and Fort Bend Counties,
Texas, within the corporate limits as now established and as hereafter altered, shall
continue to be and are hereby constituted a municipal body politic and corporate, in
perpetuity, under the name "CITY OF PEARLAND," hereinafter referred to as the
"city," and having such powers, privileges, rights, duties and immunities as are herein
provided.
Section 3.01. Number, selection and term.
The legislative and governing body of the city shall consist of mayor and five (5) council
members and shall be known as the "city council of the Pearland, Brazoria, and Harris
and Fort Bend Counties, Texas."
(a) The mayor shall be elected from the city at large. The councilmembers shall be
elected from the city at large by positions and shall be known as positions 1, 2, 3, 4
and 5.
(b) The mayor shall be the presiding officer of the city council and shall be recognized as
the head of the city government for all ceremonial purposes and by the governor for
purposes of military law. The mayor shall be allowed to vote only in case of a tie
vote. The mayor shall not be included in any calculation of the number of votes
needed for the city council to take any action authorized by this charter, except when
the mayor is allowed to vote in the case of a tie vote.
Section 3.08. Meeting of the city council.
The city council shall hold at least two (2) regular meetings in each month at a time to be
fixed by said city council by ordinance or resolution fixing the dates of such regular
meetings. As many additional special meetings may be held during the month as may be
necessary for the transaction of all business of the city and its citizens. All meetings shall
be public, except where authorized by law, and shall be held at the city hall, provided,
however, the city council may designate another place for such meetings after publishing
the due notice thereof in one (1) issue of the official newspaper of said city. The city
2005 Proposed Amendments
secretary, upon written request of the mayor or any two councilmembers, shall call
special meetings of the city council, notice of such special meetings shall be given to
each member of the city council at least seventy-two (72) hours before the start of the
meeting, which said notice shall state the date for such meeting and the subject to be
considered at such meeting, and no other subject shall be there considered except with
unanimous consent of the city council. Said notice to the city council shall be sufficient if
delivered to the councilmembers in person, or in the event of the inability to locate said
councilmember within the City of Pearland, Texas, delivery of such notice to his or her
home shall be sufficient.
Section 4.08. Department of Health and Sanitation.
(c) Duties of the health authority: The city health authority shall advise the city manager
on a program of public health; shall cooperate in the preparation of sanitary code; shall
cooperate with nearby cities on problems of health and sanitation; shall cooperate with
the commissioner's court of Brazoria, and Harris and Fort Bend Counties, Texas and its
(their) agencies, and with the state health department and other departments of the state
government in matters pertaining to health and sanitation.
Section 6.13. Initiative.
Qualified voters of the City of Pearland may initiate legislation by submitting a petition
addressed to the city council which requests the submission of a proposed ordinance or
resolution to a vote of the qualified voters of the city. Said petition must be signed by
qualified voters of the city eq~mt in number to of at least thirty (30) per cent of the
number cast at the regular last municipal election of the city, or one hundred fifty (150)
qualified voters, whichever is greater, and each copy of the petition shall have attached to
it a copy of the proposed legislation. The petition shall be signed as provided in section
6.03 of this charter. The petition may consist of one (1) or more notarized copies as
permitted in section 6.05 of this charter. Such petition shall be filed with the person
performing the duties of city secretary. Within five (5) days after the filing of such
petition, the person performing the duties of city secretary shall certify such petition or
return same to petitioners. After certification, the person performing the duties of the city
secretary shall present said petition and proposed ordinance or resolution to the city
council at the next regular meeting. Upon presentation to the city council of the petition
and draft of the proposed ordinance or resolution, it shall become the duty of the city
council within ten (10) days after receipt thereof, to pass and adopt such ordinance or
resolution without alteration as to meaning or effect in the opinion of the persons filing
the petition or to call a special election, to be held within thirty (30) days thereafter, at
which the qualified voters of the City of Pearland shall vote on the question of adopting
or rejecting the proposed legislation. However, if any other municipal election is to be
held within sixty (60) days after the filing of the petition, the question may be voted on at
such election. No ordinance shall be proposed by an initiative petition which is on the
2005 Proposed Amendments
same subject as an ordinance so submitted and defeated at an election held within the
proceeding twelve (12) months.
Section 6.14. Referendum.
Qualified voters of the City of Pearland may require that any ordinance or resolution with
the exception of ordinances or resolution levying taxes or issuing tax or revenue bonds,
passed by the city council be submitted to the voters of the city for approval or
disapproval, by submitting a petition for this purpose within thirty (30) days after final
passage of said ordinances or resolution or within thirty (30) days after is publication.
Said petition shall be addressed, prepared, signed and verified as required for petitions
initiating legislation, as provided in section 6.13 of this charter and shall be submitted to
the person performing the duties of city secretary. !mmed4ate45~aUpon the filing of such
petition, the city secretary shall present said petition to the city council at the next regular
meeting of the city council. Thereupon the city council shall ~ at the same
meeting reconsider such ordinance or resolution and if it does not entirely repeal the
same, shall submit it to popular vote as provided in section 6.13 of this charter. Pending
the holding of such election, such ordinance or resolution shall be suspended from taking
effect and shall not later take effect unless a majority of the qualified voters voting
thereon at such election shall vote in favor thereof.
2005 Proposed Amendments
RECOMMENDATION
The 2005 City of Pearland Charter Review Commission recommends that the City
Council of the City of Pearland examine the need to appoint another charter review
commission in 2007 to consider the need to enlarge the number of city councilmembers
and the need to have some council positions elected from districts, in light of the City's
planned annexations and the resulting shift of the City's population center toward the
City's west side.