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1990-05-07 - ELECTION CANVASS RESULTS - RES ~/~SOLuTION NO. ~90-14 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLAR- ING THE RESULTS OF THE CITY OFFICERS' AND SPECIAL ELECTIONS HELD IN THE CITY OF PEARLAND, TEXAS, OH MAY 5, 1990. On this the 7th day of May, 1990, the City Council of the City of Pearland, Texas, convened in Special Session open to the public at the regular meeting place thereof with the following members present, to-wit: Tom Reid Mayor D. A. Miller Council Position One Richard Tetens Council Position Two James Bost Council Position Three David Smith Council Position Four William Wolff Council Position Five Kay Krouse City Secretary and the following absent: None consti- tuting a quorum, and among other proceedings had were the follow- lng: Councilmember Tetens introduced a Resolution and Order and moved its adoption. The motion was seconded by Councilmember Bost , and the motion carried with the adoption of the Resolution and Order prevailed by the following vote: AYES Councilmembers Bost, Smith, Wolff, Tetens and Miller NAYS None ABSTENTIONS None The Resolution is as follows: WHEREAS, there were held in the City of Pearland, Texas, on the 5th day of May, 1990, Regular and Special Municipal Elections at which the filling of the offices of Mayor and Member of the Council, Position No. Three (3) were submitted to a vote of the duly qualified resident electors of said City, and at which eight (8) DroDosed amendments to the Home Rule Charter of the City of Pearland, Texas, 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 7, 1990, after date of said elections, being the first meeting of the City Council to be held since said elections at which returns of said elections 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 elections described were duly called and notice thereof given in accordance with law; that said elections were held in the manner required by law; that due returns of said elections have been made by the proper officers; and it appeared from said returns, duly and legally made, that there were cast at such elections 1,774 valid and legal votes; and that said elec- tions resulted in the following vote totals: FOR MAYOR NAME OF THE CANDIDATE TOTAL VOTES CAST VIC COPPINGER 1.054 BARCLAY V. BARNETT 132 CARLTON MCCOMB 555 FOR MEMBER OF 'l'~i~ COUNCIL POSITION NUMBER NAME OF THE CANDIDATE TOTAL VOTES CAST RANDY K. WEBER 1,158 JAMES M. SUDELA 550 2 PROPOSED CHAR'£~AMEND~ENTS AMENDMENT NO. 1 ADDING SENTENCE TO END OF PARAGRAPH IN SECTION 3.02 FOR 1.387 AGAINST 162 AMENDMENT NO. 2 AMENDING SECTION 3.10 BY CHANGING THE TITLE AND PARAGRAPHS TWO AND THREE FOR 990 AGAINST 325 AMENDMENT NO. 3 AMENDING SECTION 4.06, SUBSECTIONS (B) AND (C) FOR 989 AGAINST 205 AMENDMENT NO. 4 AMENDING SECTION 4.08, SUBSECTIONS (a), (B), AND (C) FOR 1,354 AGAINST 114 AMENDMENT NO. 5 AMENDING SECTION 5.01 FOR 1,353 AGAINST 45 AMENDMENT NO. 6 AMENDING SECTION 5.04, LAST SENTENCE FOR 1.402 AGAINST 67 AMENDMENT NO. 7 AMENDING SECTION 5.06, LAST SENTENCE FOR 1.325 AGAINST 49 3 AMENDMENT NO. 8 AMENDING ENTIRE CHARTER, CHANGING GENDER TERMS FOR 1,248 AGAINST 246 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 elections held on May 5, 1990, within the City of Pearland, Texas, that the candidate elected for Mayor is declared to be Vic CoDDinaer, and that the candidate elected for Member of the Council, Posi- tion Number Three is declared to be Randy Weber, and said above parties are hereby declared duly elected to said respective offices, subject to taking of their oaths and Statement of offi- cers and filing bond as provided by the 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 follow- ing 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 3, SECTION 3.02 QU~T~FICATIONS Each member of the City Council shall be a resident citizen of the City of Pearland, shall be a qualified voter of the State of Texas, shall have been such resident citizen of the City of Pearland for a period of not less than six months immediately preceding his/her election, and shall not be indebted to the City of Pearland. If the Mayor or any Councilmember fails to maintain the foregoing qualifications or shall be absent from two regular scheduled meetings within any 6 month period without 4 valid excuse, the City Council must, at its next regular meeting, declare a vacancy as set forth in Section 3.06 of this Charter. No member of the City Council of the City of Pearland shall hold any paid position under the City Government during their term of office. ARTICLE 3, SECTION 3.10 PROCEDUI~ES FOR PASSING OF O~DINANCES OR RESOLUTIONS Every ordinance shall be introduced in written or printed form and, upon passage, shall take effect at the time indicated therein, provided that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effec- tive not less than ten days from its publication in the official city newspaper of the City of Pearland. The City Secretary shall give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the caption or title, including the penalty, of any such ordinance to be published in the official newspaper of the City of Pearland at least once within ten (10) days after the passage of said ordinance. He/She shall note on every ordinance the caption of which is hereby required to be published and on the record thereof, the fact that the same has been published as required by this Charter and date of such publication, which shall be prima facie evidence of the legal publication and pro- mulgation of such ordinance, provided that the provisions of this section shall not apply to the correction, amendment, revisions and modification of the ordinances of the City for publication in book or pamphlet form. Except as otherwise provided by this Charter, it shall be necessary to the validity of any ordinance that it shall be read and considered at two regular sessions of the City Council. The requirement of consideration and favorable action on an ordinance at two regular sessions of the City Coun- cil shall not apply, and only one reading at one regular or special meeting shall be required, for the final passage and approval of an ordinance relating to an immediate public emergen- cy affecting life, health, property or the public peace. In the 5 event an ordinance is adopted as an emergency measure, a declara- tion of the specific emergency shall be expressed in the caption and body of such ordinance, and such ordinanoe shall not be adopted without the affirmative vote of at least three-fourths of all members of the city Council. The reading aloud of the title and caption of the ordinance or resolution shall suffice as a reading, provided printed copies of the ordinance or resolution in the form required for adoption are available to all members of the City Council and a reasonable number of additional copies are available to all interested citizens present at the session. Ordinances or resolutions may be read in their entirety at the discretion of a majority of the City Council. Every ordinance or resolution shall be authenticated by the signature of the Mayor and city Secretary and shall be systemati- cally recorded and indexed in an ordinance or resolution book in a manner approved by the Council. It shall only be necessary to record the caption or title of ordinances or resolutions in the minutes or journal of Council meetings. The City Council shall have power to cause the ordinances or resolutions of the City to be corrected, amended, revised, and modified; and the ordinances printed in code form as often as the Council deems advisable, and such printed code, when adopted by the Council, shall be in full force and effect. Such printed code shall be admitted in evi- dence in all courts and places without further proof. ARTICLE 4, SECTION 4.06 MUNICIPAL COURT There shall be established and maintained a Court designated as a "Municipal Court" for the trial of misdemeanor offenses, with all such powers and duties as are now or hereafter may be prescribed by the laws of the State of Texas relative to Munici- pal or Recorder's Court. 6 (a) The Judge of said Court shall be appointed by the City Council, and shall be a licensed attorney; and shall receive such salary as may be fixed by the City Coun- cil. The Judge of said Court shall hold office at the pleasure of the City Council. (b) There shall be a Court Clerk appointed by the City Manager with the approval of the City Council. (c) The Clerk and the deputy clerks shall have the power to administer oaths and affidavits, make certificates, affix the seal of the Court, and perform all acts usual and necessary by the Court Clerk in issuing processes and conducting business of the Court. (d) 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 salary of these temporary judges are to be fixed by City Council. ARTICLE 4, SECTION 4.08 DEPARTMENT OF HEALTH AND SANITATION There shall be established and maintained a Department of Health and Sanitation to administer health and sanitation stand- ards in the City of Pearland. (a) Appointment and Qualifications: The city Manager, with the approval of the City Coun- cil, shall appoint a City Health Authority who shall be a licensed physician qualified to practice medicine in the State of Texas. The City Health Authority shall be the Director of the Department of Health and Sanita- tion. (b) Administration: The City Health Authority shall be responsible to the City Manager for the general administration of the Department of Health and Sanitation and the supervision of the employees thereof. (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 Brazo- ria County and its agencies, and with the State Health Department and other departments of the state govern- ment in matters pertaining to health and sanitation. (d) Air and Water Pollution: The City Manager, with the approval of the City Coun- cil, 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. 7 ARTICLE 5, SECTION 5.01 REGULAR ELECTIONS The annual City election shall be held on the first Saturday in May. ARTICLE 5, SECTION 5.04 FILING FOR OFFICE Any qualified citizen who desires to become a candidate for City office shall file with the Mayor or, if designated by the Mayor, the City Secretary, a signed application and oath for his/her name to appear on the ballot. The application must be filed at least forty-five (45) days prior to the election. ARTICLE 5, 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 election shall be ordered on the first day following the comple- tion of the official count of ballots cast at the first election. The runoff election shall be held on the second Saturday in May. 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. The entire Charter shall be amended to change the terms "he" and "his" to read as "he/she" or "his/hers", and the term "Coun- cilman" to read as "Councilmember." 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 remain- ing posted 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 and ADOPTED this 7th day of May, A. D., 1990. Mayor ATTEST: City Se0~etary APPROVED AS TO FORM: City Attorney 9