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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.