1994-05-09 - ELECTION CANVASS RESULTS - RESRESOLUTION NO. R94-22
A RESOLUTIONAND ORDER OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF THE CITY OFFICERS' AND CHARTER AMENDMENTS
ELECTION HELD IN THE CITY OF PEARLAND, TEXAS, ON MAY 7,
1994.
On this the 9th day of May, 1994, the City Council of the City
of Pearland, Texas, convened in Regular Session open to the public
at the regular meeting place thereof with the following members
present, to-wit:
C. V. Coppinger
D. A. Miller
Benny Frank
Randy Weber
Joy Colson
David Smith
Pat Jones
and the following absent:
Mayor
Council, PoSition One
Council, Position Two
Council, Position Three
Council, Position Four
Council, Position Five
City Secretary
MAYOR COPPINGER AND COUNCILMEMBER COLSON
constituting a quorum, and among other proceedings had were the
following:
Councilmember
Order and moved
Councilmember
FRANK
its adoption.
MILLER
introduced a Resolution and
The motion was seconded by
, and the motion carried with the
adoption of the Resolution and Order prevailed by the following
vote: AYES COUNCILMEMBERS MILLER, FRANK, WEBER AND SMITH
NAYS NONE ABSTENTIONS NONE .
The Resolution is as follows:
WHEREAS, there was held in the City of Pearland, Texas, on the
7th day of May, 1994, a City Officers' and Charter Amendments
Municipal Election at which the filling of the offices of Member of
the Council, Position No. Two (2) and Member of the Council,
Position No. Four (4) were submitted to a vote of the duly
qualified resident electors in said City, and at which twenty-one
(21) proposed amendments to the Home Rule Charter of the City of
Pearland, Texas, were submitted to a vote of the duly qualified
r~id~nt el~otor~ of ~aid City.
1
WHEREAS, at this Regular meeting of the City Council of the
City of Pearland, on May 9, 1994, 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
1,920 valid and legal votes; and that said election resulted
in the following vote totals:
FOR MEMBER OF THE COUNCIL, POSITION NUMBER TWO
NAME OF CANDIDATE
JOHN LEJSAL
BENNY FRANK
MARK MILLER
RICHARD TETENS
NUMBER OF VOTES RECEIVED PERCENTAGE
485 25.67%
218 11.54%
154 8.15%
1,032 54.63%
FOR MEMBER OF THE COUNCIL, POSITION NUMBER FOUR
NAME OF CANDIDATE
JOY NIDAY COLSON
TERRY GRAY
JERRY RICHARDSON
NUMBER OF VOTES RECEIVED
361
222
1,308
PERCENTAGE
19.09%
11.74%
69.17%
PROPOSED
AMENDMENT NO. 1
AMENDING SECTION 1.02
AMENDING SECTION 3.01
CHARTER AMENDMENTS
AMENDMENT NO. 2
FOR
AGAINST
FOR
AGAINST
1,356
299
1,364
292
2
AMENDING SECTION 3.08
AMENDMENT NO. 3
AMENDMENT NO. 4
AMENDING SECTION 4.01 (a)
AMENDMENT NO. 5
DELETING SUBSECTION (d) OF SECTION 4.01
AMENDMENT NO. 6
DELETING SUBSECTION (b) OF SECTION 4.02
AMENDING SECTION 4.04
AMENDMENT NO. 7
AMENDMENT NO. 8
AMENDING SECTION 4.06 (d)
AMENDMENT NO. 9
AMENDING SECTION 4.08 (c)
AMENDMENT NO. 10
DELETING SUBSECTION (d) OF SECTION 4.08
DELETING SECTION 4.11
AMENDMENT NO. 11
AMENDING SECTION 5.05
AMENDMENT NO. 12
AMENDING SECTION 5.06
AMENDMENT NO. 13
FOR
AGAINST
FOR
AGAINST
FOR
AGAINST
FOR
AGAINST
FOR
AGAINST
FOR
AGAINST,
FOR
AGAINST
FOR
AGAINST
FOR
AGAINST
FOR
AGAINST
FOR
AGAINST
1,454
220
1,409
262
1,063
548
1,189
438
1,165
454
1,309
302
1,329
269
1,106
493
1,071
509
1,423
189
1,39.2
186
3
AMENDING SECTION 6.01
AMENDMENT NO. 14
AMENDING SECTION 6.08
AMENDMENT NO. 15
AMENDING SECTION 7.02
AMENDMENT NO. 16
DELETING SECTION 7.02
AMENDMENT NO. 17
AMENDING SECTION 8.11
AMENDMENT NO. 18
AMENDING SECTION 10.04
AMENDMENT NO. 19
AMENDING SECTION 10.11
AMENDMENT NO. 20
AMENDMENT NO. 21
AMENDING SECTION 10.15 (a) (1)
FOR 1,451
AGAINST 138
FOR 1,217
AGAINST 376
FOR 1,207
AGAINST 329
FOR 987
AGAINST 493
FOR. 1,124
AGAINST 432
FOR 1,161
AGAINST 382
FOR 1,324
AGAINST 220
FOR 1,267
AGAINST 303
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 7,
1994, within the City of Pearland, Texas, that the candidate
elected for Member of the Council, Position Number Two is declared
to be R~chard letens and the candidate elected for Member of
the Council, Position Number Four is declared to. be
Jer~ R~cha~ds0n , and said above parties are hereby declared
duly elected to said respective offices, subject to taking of their
Oaths and Statement of Officers and filing bond as provided by the
4
laws of the State of Texas.
Section III.
The City Council of the City of Pearland, Texas, hereby
officially and affirmatively declares the adoption of the following
amendments to the Home Rule Charter of the City of Pearland, as a
result of said election, and that the following Articles so adopted
and/or amended shall hereafter read as follows:
ARTICLE 1, FORM OF GOVERNMENT AND BOUNDARIES
SECTION ~.02 - INCORPORATION
The inhabitants of the City of Pearland in Brazoria and Harris
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 of "CITY OF PEARLAND", hereinafter referred to as
the "City", and having such powers, privileges, rights, duties and
immunities as are herein provided.
ARTICLE 3, THE CITY COUNCIL
SECTION 3.01 - NUMBER, SELECTION AND TERM
The legislative and governing body of the City shall consist
of a Mayor and 5 Councilmembers and shall be known as the "City
Council of the City of Pearland, Brazoria and Harris Counties,
Texas".
ARTICLE 3
THE CITY COUNCIL
SECTION 3.08 - MEETING OF THE CITY COUNCIL
The City Council shall hold at least two 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 issue of the official
newspaper of said City. The City 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, 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.
ARTICLE 4, ADMINISTRATIVE SERVICES
SECTION 4.01 - CITY MANAGER
(a) Appointment and Qualifications:
The City Council shall appoint an administrative and
executive officer of the City who shall be responsible to
the City Council for the administration of all the
affairs of the City. He/She shall be chosen by the
Council solely on the basis of his/her executive and
administrative training, experience and ability. No
member of the City Council shall, during the time for
which he/she is elected and for two years thereafter, be
appointed City Manager.
ARTICLE 4, ADMINISTRATIVE SERVICES
SECTION 4.01 - CITY MANAGER
(d) Assistant City Manager:
The City Manager, with the approval of the City Council,
may appoint an Assistant City Manager who shall be the
administrator of all Departments which are directly
answerable to the City Manager, with the exception of
those Departments administered by the Director of Public
Works. Such Assistant City Manager shall have all the
powers and duties of the City Manager in the event of the
absence or disability of the City Manager.
ABOVE SECTION TO BE DELETED IN ITS ENTIRETY.
ARTICLE 4, ADMINISTRATIVE SERVICES
SECTION 4.02 - DEPARTMENT OF POLICE
(b) Special Police:
No persons except as otherwise provided by the laws of
the State of Texas shall act as special police within the
City.
ABOVE SECTION TO BE DELETED IN ITS ENTIRETY.
6
ARTICLE 4, ADMINISTRATIVE SERVICES
SECTION 4.04 - DEPARTMENT OF TAXATION
There shall be a requirement to establish and maintain an
effective tax rate and to ensure that taxes are collected. The
City Manager, with the approval of the City Council, shall
determine the method for appropriately collecting taxes.
(d)
ARTICLE 4, ADMINISTRATIVE SERVICES
SECTION 4.06 - MUNICIPAL COURT
The City Council shall appoint other licensed attorneys
to act as Temporary Judges of said Court in case of
disability or absence of the Judge of the Municipal
Court. The salaries of these temporary judges are to be
fixed by City Council.
ARTICLE 4, ADMINISTRATIVE SERVICES
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 a Sanitary Code; shall cooperate with
nearby cities on problems of health and sanitation; shall
cooperate with the Commissioner's Court of Brazoria and
Harris Counties, Texas, and its agencies, and with the
State Health Department and other departments of the
state government in matters pertaining to health and
sanitation.
ARTICLE 4, ADMINISTRATIVE SERVICES
SECTION 4.08 - DEPARTMENT OF HEALTH AND SANITATION
(d) Air and Water Pollution:
The City Manager, with the approval of the City Council,
shall appoint a competent sanitation engineer to
establish air and water pollution standards for the City
of Pearland and determine if such standards have been
violated pursuant to existing Texas laws.
ABOVE SECTION TO BE DELETED IN ITS ENTIRETY.
ARTICLE 4, ADMINISTRATIVE SERVICES
SECTION 4.11 - DEPARTMENT OF PUBLIC SAFETY
The City Council may appoint a Safety Department which shall
be an advisory coordinating committee in the matter of Public
Safety. Such committee will-then consist of an odd number of
members, who shall be either employees of, or shall reside in the
City of Pearland.
ABOVE SECTION TO BE DELETED IN ITS ENTIRETY.
7
ARTICLE 5, ELECTIONS
SECTION 5.05 - BALLOTS
The positions of the several members of the Council shall be
designated on the official ballot as Member of the Council,
Position Number 1, 2, 3, 4~ or 5. Each candidate shall indicate
the position which 'he/she desires to fill. Incumbent
Councilmembers seeking re-election must file for the position for
which they were originally elected. Candidates for all positions
may reside in any portion of the City. The names of all candidates
for office, except such as may have withdrawn, died, or become
ineligible, shall be printed on the official ballots without party
designations in the order determined in a drawing of lots conducted
byethe City Secretary. All official ballots shall be printed at
least twenty (20) days prior to the date of any general election,
and early voting shall be governed by the General Election Laws of
the State of Texas.
ARTICLE 5, ELECTIONS
SECTION 5.06 - ELECTION BY MAJORITY
At any general or special municipal election, the candidate
for each office who has received a majority of all votes cast for
his/her particular office shall be declared elected. A runoff
election shall be ordered by the MayOr, or if he/she fails to do
so, by the Council in the event any candidate fails to receive a
majority of all votes cast for his/her particular office. The date
for the election shall be ordered and held in a timely manner as
prescribed by the general election laws of the State of Texas. The
two candidates who receive the largest number of votes cast for
each particular office requiring a runoff election shall again be
voted for. The candidate receiving the largest number of votes in
the runoff election shall be declared elected. The City Secretary
shall give notice of such runoff election by causing said notice to
be published in accordance with Texas Election Laws.
ARTICLE 6, LEGISLATION BY THE PEOPLE, RECALL,
INITIATIVE AND REFERENDUM
SECTION 6.01 - GENERAL POWER
The qualified voters of the City of Pearland, in addition to
8
the method of legislation hereinaboVe provided,
power of direct legislation by the recall,
referendum.
shall have the
initiative and
ARTICLE 6, LEGISLATION BY THE PEOPLE, RECALL,
INITIATIVE AND REFERENDUM
SECTION 6.08 - ELECTION TO BE CALLED
If the officer whose removal is sought. does not resign, then
it shall become the duty of the City Council to order an election
and fix a date for holding such recall election. The date for the
election shall be ordered and held in a timely manner as prescribed
by the general election laws of the State of Texas.
ARTICLE 7, MUNICIPAL PLANNING & ZONING
SECTION 7.02 - ZONING BOARD OF ADJUSTMENT
The City Council shall appoint a Zoning Board of Adjustment of
five members who shall be citizens of the City of Pearland, shall
be appointed to serve for a term of two (2) years, shall adopt the
rules in accordance with the zoning ordinances of the City, shall
select one of their number chairman, and shall meet at the call of
said chairman and at such other times as the Board may determine.
All meetings of such Board shall be open to the public and minutes
shall be kept of all proceedings by the person. performing the
duties of the City Secretary, showing the vote of each member
present upon every question. The Board shall have all powers
granted in Articles 1011A through 1011J of the Revised Civil
Statutes of the State of Texas as now or hereafter amended, which
shall include the power to hear and determine appeals from refusal
of building permits, and to permit exception to or variations from
the zoning regulations in classes of cases or situations in
accordance with the principals, conditions and procedures specified
in the zoning ordinance. Council may determine by ordinance the
number and/or frequency of unexcused absences that a member of the
Zoning Board of Adjustment may accrue before that member is subject
to removal from office by the Council.
9
ARTICLE 7, MUNICIPAL PLANNING & ZONING
SECTION 7.02 - ZONING BOARD OF ADJUSTMENT
IF AMENDMENT NO. 17 IS ADOPTED, THE ABOVE SECTION PERTAINING
TO ZONING BOARD OF ADJUSTMENT WILLBE DELETED IN ITS ENTIRETY.
ARTICLE 8, MUNICIPAL FINANCE
SECTION 8.11 - EFFECTIVE DATE OF BUDGET;
CERTIFICATION; COPIES MADE AVAILABLE
Upon final adoption, the budget shall be in effect for the
fiscal year. A copy of the budget, as finally adopted, shall be
filed with the person performing the duties of the City Secretary,
the County Clerk of Brazoria County, and the State Comptroller of
Public Accounts at Austin. The final budget shall be mimeographed
or otherwise reproduced and copies shall be made available for the
use of all offices, departments, and agencies and for the use of
interested persons and civic organizations. A reasonable cost
based on state recommendation will be charged for copies of city
budgets to all interested parties.
ARTICLE 10, GENERAL PROVISIONS
SECTION 10.04 - NOTICE OF CLAIM
In the absence of legally sufficient actual notice, the City
shall not be liable for damages resulting from death, personal
injury, or property damage unless the claimant shall have first
filed with the City Secretary a written notice of claim. The City
is entitled to receive notice of claim against it not later than
six months after the day that the incident giving rise to the claim
occurred. The notice must reasonably describe:
1. the damage or injury claimed;
2. the time and place of the incident; and,
3. the incident.
Actual notice, to be legally sufficient, shall be defined by the
law of the State, but in no event shall extend to claims arising
from the discharge of proprietary functions of the City.
ARTICLE 10, GENERAL PROVISIONS
SECTION 10.11 - INTERIM MUNICIPAL GOVERNMENT
Upon adoption of this Charter, the 'persons then filling
elective offices will continue to fill those offices to which they
were elected. Thereafter, the City Council shall be elected as
provided in Section 1, Article III, of this Charter. To-wit: In
10
1971 elect Councilmembers for position 1 and position 5 for a three
(3) year term. The term of Councilmember for position 3 shall be
extended one year to the 1972 election. In 1972 elect the Mayor
and Councilmember for position 3 for a three (3) year term. The
terms of Councilmembers for position 2 and position 4 shall be
extended to the 1973 election. In 1973 elect Councilmembers for
position 2 and position 4 for a three (3) year term, etc. Persons
who, on the date this Charter is adopted, are filling appointive
positions with the City of Pearland which are retained under this
Charter, may continue to fill these provisions for the term for
which they were appointed, unless removed by the City Council or by
other means provided for in this Charter. Persons who, on the
effective date of this Charter, are filling elective offices, that
by this Charter are made appointive offices, shall continue to
serve in those offices for the terms to which they were elected.
ARTICLE 10, GENERAL PROVISIONS
SECTION 10.15 - CHARTER REVIEW COMMISSION
(a) Duties of the Commission:
It shall be the duty of such Charter Review Commission
to:
(i)
Inquire into the operations of the City Government
under the Charter provisions and determine whether
any such provisions require revision. To this end
public hearings may be held including a required
final public hearing to present the official
results of the Charter Review examination to the
citizens of Pearland. The schedule for public
meeting will be determined by the Charter Review
Commission board members. In addition, the Charter
Review Commission changes and recommendations will
also be published in the newspaper of local
circulation. The Commission shall have the power
to compel the attendance of any officer or employee
of the City and to require the submission of any of
the City records which it may deem necessary to the
conduct of such hearing.
SECTION IV.
It is further found and determined that in accordance with the
Order of this governing body, the City Secretary posted written
notice of the date, place and subject of this meeting on the
bulletin board located in the City Hall, a place convenient to the
public, and said notice having been so posted and remaining posted
11
D., 1994.
continuously for at least 72 hours preceding the date of this
meeting. A copy of said posting shall be attached to the minutes
of this. meeting and shall be made a part thereof for all intents
and purposes.
SECTION V.
The following Exhibits A, B and C (Election Results) are
attached hereto and made a part hereof by .reference.
PASSED, APPROVED, ADOPTED and ORDERED this 9th day of May, A.
C. V~
David Smith, Mayor Pro Tem
ATTEST:
Pat ~~ty Secretary, TRMC
tpV.~! AS TO FORM:
Greg ttorney
12
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