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2000-05-09 - ELECTION CANVASS RESULTS - RESRESOLUTION NO. R2000-62-2 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION AND SPECIAL ELECTION HELD IN THE CITY OF PEARLAND, TEXAS, ON MAY 6, 2000. WHEREAS, there was held in the City of Pearland, Texas, on the 6th day of May, 2000, a City General Election and Special Election at which the offices to be filled for Member of the Council, Position No. Two (2), and Member of the Council, Position No. Four (4), along with four (4) proposed Charter Amendments were submitted to a vote of the duly qualified resident electors of said City. WHEREAS, at this Special Meeting of the City Council of the City of Pearland, on May 9, 2000, after date of said election, being the first meeting of the City Council to be held since said election at which returns of said election could be considered and final results declared; now therefore, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION I. That the election described was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said election have been made by the proper officers; and it appeared from said returns, duly and legally made, that there were cast at such election 2,387 valid and legal votes; and that said election resulted in the following vote totals: RESOLUTION NO. 2000-62 FOR MEMBER OF THE COUNCIL, POSITION NUMBER TWO NAME OF CANDIDATE Brian Mooney Randall (Randy) L. Patro Christopher G. Heitman Woody Owens NUMBER OF VOTES RECEIVED 171 233 814 1,054 PERCENTAGE 7.53 % 10.26 % 35.83 % 46.39 % FOR MEMBER OF THE COUNCIL, POSITION NUMBER FOUR NAME OF CANDIDATE Larry R. Marcott Bill Berger NUMBER OF VOTES RECEIVED 1,358 976 PERCENTAGE 58.18 % 41.82 % PROPOSED CHARTER AMENDMENTS AMENDMENT NO. 1 AMENDING SECTION 3.01 FOR 942 AGAINST 1,323 AMENDMENT NO. 2 AMENDING SECTION 3.01 FOR 327 AGAINST 1,731 2 RESOLUTION NO. 2000-62 AMENDING SECTION 4.07 AMENDMENT NO. 3 FOR 989 AGAINST 1,208 AMENDMENT NO. 4 AMENDING SECTION 6.03 FOR 813 AGAINST 1,416 SECTION II. That the City Council of the City of Pearland, Texas, hereby officially and affirmatively declares that the results as shown above are the real and true results of the election held on May 6, 2000, within the City of Pearland, Texas, that the office for City Council, Position Number Two (2) is declared to be a runoff and the candidate elected for Member of the Council, Position Number Four (4) is declared to be Larry R. Marcott, and said above parties are hereby declared duly elected to said respective offices, subject to taking of their Oaths of Office and Statements of Elected Officers as provided by the laws of the State of Texas. SECTION II1. The City Council of the City of Pearland, Texas, hereby officially and affirmatively declares that Amendment Numbers 1__ through --4 (attached hereto as Exhibit "A") failed. 3 RESOLUTION NO. 2000-62 SECTION IV. The following Exhibits B, C, and D (Election Results) are attached hereto and made a part hereof by reference. 2000. PASSED, APPROVED, ADOPTED, and ORDERED this 9 th day of May, A. D., Tom Reid Mayor ATTEST: t~ng Lo}~1'~g'''''''// APPROVED AS TO FORM: Darrin M. Coker City Attorney 4 CITY OF PEARLAND REPORT OF THE 1999 CHARTER REVIEW COMMISSION PROPOSED AMENDMENTS FOR THE CITY CHARTER EXHIBIT PROPOSED AMENDMENT NO. I THE AMENDMENT OF the Pearland Charter, Section 3.01, NUMBER, SELECTION AND TERM, to read as follows: "The legislative and governing body of the city shall consist of a-mayof~md five (5) councilmembers, who and shall be known as the "city council of the City of Pearland, Brazoria_~ ~-nd, Harris, and Fort Bend Counties, Texas." (a) A The mayor shall be elected from the city at large. The codncilmembers shall be elected from the city at large by positions and shall be known as positions l, 2, 3, 4 and 5. (b) The mayor shall preside over b~ ~,~ pr~s[~[n§ o,~c~r ~f 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. Except where expressly indicated, the Mayor shall not be included in any reference to the City Council. The mayor shall be allowed to vote only in case of a tie vote...." [The proposed amendment more precisely defines City Council as consisting of five City Councilmembers. The Mayor, although not a member of the City Council, presides over the Council and would continue to vote in the event ora tie. The revision lends itself to clarifying existing ambiguities relative to the definition of the City Council.] [underlined portions ADDED; stricken portion DELETED] PROPOSED AMENDMENT NO. 2 THE AMENDMENT OF the Pearland Charter, Section 3.01, NUMBER, SELECTION AND TERM, to read as folloWs: "... (e) of-office~md There shall be no term limitation on the offices of mayor o~_~r city councilmembers." [City Councilmembers are currently limited to two (2) full consecutive terms of office, while the office of Mayor is not subject to term limitations. The proposed amendment removes term limitations.] [underlined portion ADDED; stricken portion DELETED] PROPOSED AMENDMENTNO. 3 THE AMENDMENT OF the Pearland Charter, Section 4.07, CITY ATTORNEY, to read as follows: "The city council shall appoint a competent attorney duly licensed in the State of Texas, who shall be the city attorney. He/She shall receive for his/her services such compensatiOn as may be fixed by the city council and shall hold his/her office at the pleasure of the city coUncil. The city attorney, or such other attorneys selected by him/her with the approval of the city council, shall represent the city in all litigation. He/She shall be directly responsible to the city council and shall be the legal advisor of, attorney and counsel for, the city and all officers and departments thereof." [The prOposed amendment clarifies that the City Attorney answers directly to the City Council.] [underlined portions ADDED; stricken portion DELETED] PROPOSED AMENDMENTNO. 4 THE AMENDMENT OF the Pearland Charter, Section 6.03, PETITION FOR RECALL, to read as follows: "Before the question of recall of such officers shall be submitted to the qualified voters of the city, a petition demanding such question to be so submitted shall first be filed with the person performing the duties of city secretary; which said petition shall be signed by q;;~[f[e~ voters of the ,.,,y =,~,,,=, .... '--- to at least five (5) per cent of the total number of reqistered voters th~C,y (.30} ...... , _,.L ..... L__ _, ............. ,._ ,__, reg==:&r ,T, Ur,[C[pG: e:ect~on of i~ the city, for the position in ,~,.~o,,,~,,, ,,,,, ,,, ...... " ..... ' ' .... ~ ..... '-"-"--~ ='"' '"'"' .... ~ petJtJonero. The printed name of each signer must appear on the petition. Each signer shall personally sign his/her name thereto in ink and date the petition, specifying the day, month and year. The signer rfiust provide his/her voter registration number and county of registration. The signer must also include his/her address including the street name, number and zip code." [Recall petitions currently require the signatures of at least 30% of the number of votes cast at the last regular municipal election, for the position being recalled, but no less than ~50 signatures. The proposed amendment will require signatures of at least 5% of the total number of registered voters in the City.] [underlined portions ADDED; stricken portion DELETED] ACCUMULATED TOTALS - CITY OF PEARLAND Page 21=46=43 6-May-2000 CITY, SCHOOL,DRAINAGE DISTRICT, & HOSPITAL ELECTIONS BRAZORIA COUNTY, TEXAS-MAY 6, 2000 Precincts Counted ~ TOTAL Ballots Cast - TOTAL ~ CITY OF PEARLAND MUNICIPAL OFFICERS ELECTION Total 2 2,387 1 Pct 9.09 COUNCILMEMBER, POSITION NUMBER TWO BRIAN MOONEY . 171 P~tNDALL (RANDY) L. PATRO . 233 CHRISTOPHER G. HEITMAN 814 WOODY OWENS . . . 1,054 Total 2,272 7.53 10.26 35.83 46.39 100.00, COUNCILMEMBER, POSITION NUMBER FOUR LARRY R. MARCOTT BILL BERGER Total 1,358 58.18 976 41.82 2,334 100.00 PROPOSED AMENDMENT NO. 1 THE AMENDMENT OF THE PEARLAND CHARTER, SECTION 3.01 LEGISLATIVE & GOVERNING BODY..CITY SHALL CONSIST OF 5 COUNCILMEMBERS..KNOWNAS CITY COUNCIL OF ~ITY PEARLAND.. FOR . 942 41.59 AGAINST 1,323 58.41 Total 2,265 100.00 PROPOSED AMENDMENT NO. 2 THE AMENDMENT OF THE PEARLAND CHARTER, SECTION 3.01 TO READ AS FOLLOWS."..(E) THERE SHALL BE NO TEPuM LIMITATION THE OFFICES OF MAYOR OR CITY COUNCILMEMEERS FOR 327 15.89 AGAINST 1,731 84.11 Total 2,058 100.00 PROPOSED AMENDMENT NO. 3 THE AMENDMENT OF THE PEARLAND CHARTER, SECTION 4.07, ... CITY COUNCIL SHALL APPOINT..ATTORNEY...WHO SHALL BE CITY ATTORNEY. HE/SHE SHALL RECEIVE COMPENSATION... FOR . 989 45.02 AGAINST 1,208 54.98 Total 2,197 100.00 PROPOSED AMENDMENT NO. 4 THE AMENDMENT OF THE PEARLAND CHARTER, SECTION 6.03, ... PETITION FOR RECALL,AS FOLLOWS:BEFORE QUESTION OF RECALL QUALIFIED VOTERS...PETITION SHALL FIRST BE FILED .... FOR 813 36.47 AGAINST 1,416 63.53 Total 2,229 100.00 EXHIBIT ACCUMULATED TOTALS - CITY OF PEA/~LAND Page 21:46=43 6-May-2000 CITY,SCHOOL,DRAINAGE DISTRICT, & HOSPITAL ELECTIONS BRAZORIA COUNTY, TEXAS-MAY 6, 2000 We, the undersigned, certify that the above results are true and correct. Signed: 2 0046 KNAPP ACTIVITY BLDG-PEARLAND Page 21:45:27 6-May-2000 CITY,SCHOOL,DI~AINAGE DISTRICT, & HOSPITAL ELECTIONS B~AZORIA COUNTY, TEXAS-MAY 6, 2000 Posn Count Ballots Cast - TOTAL . 1,648 Pct CITY OF PEARLA~D MUNICIPAL OFFICERS ELECTION COUNCILMEMBER, POSITION NUMBER TWO BRIAN MOONEY RANDALL (RANDY) L. PATRO . CHRISTOPHER G. HEITMAN WOODY OWENS Total 65 125 8.01 66 185 11.86 67 630 40.38 68 620 39.74 1,560 100.00 COUNCILMEMBER, POSITION NUMBER FOUR LARRY R. MARCOTT HILL BERGER . Total 71 864 53.87 72 740 46.13 1,604 100.00 PROPOSED AMENDMENT NO. 1 THE AMENDMENT OF THE PEARLAND CHARTER, SECTION 3.01 LEGISLATIVE & GOVERNING BODY..CITY SHALL CONSIST OF 5 COUNCILMEMBERS..KNOWN AS CITY COUNCIL OF CITY PEARLAND.. FOR . 92 719 46.33 AGAINST 93 833 53.67 Total . 1,552 100.00 PROPOSED AMENDMENT NO. 2 THE AMENDMENT OF THE PEARLAND CHARTER, SECTION 3.01 TO READ AS FOLLOWS."..(E) THERE SHALL BE NO TERM LIMITATION THE OFFICES OF MAYOR OR CITY COUNCILMEMBERS FOR 102 239 16.74 AGAINST 103 1,189 83.26 Total 1,428 100.00 PROPOSED AMENDMENT NO. 3 THE AMENDMENT OF THE PEARLAND CHARTER, SECTION 4.07, ... CITY COUNCIL SHALL APPOINT..ATTORNEY...WHO SHALL BE CITY ATTOP. NEY. HE/SHE SHALL RECEIVE COMPENSATION... FOR . 113 773 51.26 AGAINST 114 735 48.74 Total 1,508 100.00 PROPOSED AMENDMENT NO. 4 THE AMENDMENT OF THE PEARLAND CHARTER, SECTION 6.03, ... PETITION FOR RECALL,AS FOLLOWS:BEFORE QUESTION OF RECALL QUALIPIED VOTERS...PETITION SHALL FIRST BE FILED .... FOR . 126 633 41.51 AGAINST 127 892 58.49 Total 1,525 100.00 0046 KNAPP ACTIVITY BLDG-PEARLAND Page 21:45:27 6-May-2000 CITY,SCHOOL,DRAINAGE DISTRICT, & HOSPITAL ELECTIONS BRAZORIA COUNTY, TEXAS-MAY 6, 2000 We, the undersigned, certify that the above results are true and correct~ Si~ned: 2 05%6 EARLY VOTING~PEARLAND CTY HALL Page 21=35~07 6-May-2000 CITY,SCHOOL,DRAINAGE DISTRICT, & HOSPITAL ELECTIONS BRAZORIA COUNTY, TEXAS-MAY 6, 2000 Posh Count Ballots Cast - TOTAL 739 Pct CITY OF PEARLAND MUNICIPAL OFFICERS ELECTION COUNCILMEMBER, POSITION NUMBER TWO BRIAN MOONEY . RANDALL (RANDY) L. PATRO CHRISTOPHER G. HEITMAN WOODY OWENS Total 65 46 6.46 66 %8 6.74 67 18% 25.8% 68 434 60.96 712 100.00 COUNCILMEMBER, POSITION NUMBER FOUR LARRY R. MARCOTT BILL BERGER Total 71 72 %9% 67.67 236 32.33 730 100.00 PROPOSED AMENDMENT NO. 1 THE AMENDMENT OF THE PEARLAND CHARTER, SECTION 3.01 LEGISLATIVE & GOVERNING BODY..CITY SHALL CONSIST OF 5 COUNCILMEMBERS..RNOWNAS CITY COUNCIL OF CITY PEARLAND.. FOR . 92 223 31.28 AGAINST . 93 490 68.72 Total 713 100.00 PROPOSED AMENDMENT NO. 2 THE AMENDMENT OF THE PEARLAND CHARTER, SECTION 3.01 TO READ AS FOLLOWS."..(E) THERE SHALL BE NO TERM LIMITATION THE OFFICES OF MAYOR OR CITY COUNCILMEMBERS FOR . 102 88 13.97 AGAINST 103 542 86.03 Total 630 100.00 PROPOSED AMENDMENT NO. 3 THE AMENDMENT OF THE PEARLARD CHARTER, SECTION 4.07, ... CITY COUNCIL SHALL APPOINT..ATTORNEY...WHO SHALL BE CITY ATTORNEY. HE/SHE SHALL RECEIVE COMPENSATION... FOR . 113 216 31.35 AGAINST 114 473 68.65 Total 689 100.00 PROPOSED AMENDMENT NO. 4 THE AMENDMENT OF THE PEARLAND CHARTER, SECTION 6.03, ... PETITION FOR RECALL,AS FOLLOWS:BEFORE QUESTION OF RECALL QUALIFIED VOTERS...PETITION SHALL FIRST BE FILED .... FOR . 126 180 25.57 AGAINST 127 524 74.43 Total 70% 100.00 0546 EARLY VOTING-PEARLAND CTY HALL Page 21~35~07 6-May-2000 CITY, SCHOOL,DRAINAGE DISTRICT, & HOSPITAL ELECTIONS BRAZORIA COUNTY, TEXAS-MAY 6, 2000 We, the undersigned, certify that the above results are true and correct. Signed: 2