1978-04-01 - ELECTION CANVASS RESULTS - RESRESOLUTION NO. 78-9
A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING
THE RESULTS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF
PEARLAND, TEXAS, ON APRIL 1, 1978.
On this the 3rd day of April, 1978, 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:
Carlton McComb
Dennis Frauenberger
Harry Farley
Terry Gray
Vacant
Morris Wilson
Dorothy L. Cook
and the following absent: none
Mayor
Council
Council
Council
Council
Council
Position
Position
Position
Position
Position
One
Two
Three
Four
Five
City Secretary/Clerk
constituting a quorum, and among other proceedings had were the following:
Councilman Farley introduced a resolution and order and moved
its adoption. The motion was seconded by Councilman Gray , and the
motion carried with the adoption of the resolution and order prevailed by the
following vote,
AYES: Councilman Frauenberger, Councilman Farley, Councilman Gray
and Councilman Wilson , NAYS: None
The resolution is as follows:
WHEREAS, there was held in the City of Pearland, Texas, on the 1st
day of April, 1978, a
filling of the
the Unexpired
offices
Term of
of the duly qualified
Regular and Special Municipal Election was held at which the
of Mayor and City Council Position Number Three (3) and
Council Position Number Four (4) were submitted to a vote
resident electors of said City, and at which Five (5)
proposed 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;
and
WHEREAS, at this special meeting of the City Council of the City of
Pearland, on April 3, 1978, 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 appearing from said returns, duly and legally made, that there were cast
at said election 1,395 valid and legal votes; and that said election resulted
in the following vote totals:
FOR MAYOR
NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED
TERRY GRAY
TOM REID
FOR COUNCIL POSITION NO. THREE
466
896
FRAN COPPINGER 803
BENNY FRANK 137
CHARLES MACK 415
FOR COUNCIL POSITION NO. FOUR
(Unexpired Term)
CARLTON MC COMB 875
PROPOSED CHARTER AMENDMENTS
AMENDMENT OF ARTICLE 3, SECTION 3.01 (e)
FOR
AGAINST
AMENDMENT OF ARTICLE 3, SECTION 3.10
FOR
AGAINST
AMENDMENT OF ARTICLE 4, SECTION 4.11
186
490
677
370
FOR 895
AGAINST 167
AMENDMENT OF ARTICLE 4, SECTION 4.12
FOR 923
AGAINST 150
AMENDMENT OF ARTICLE 7, SECTION 7.03
FOR 827
AGAINST 175
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 April 1, 1978, within the City of Pearland, Texas,
and that the candidate elected for Mayor is declared to be Tom Reid, and that the
candidate elected for Council Position Three is declared to be Fran Coppinger,
and the candidate elected for Council Position Four (Unexpired Term) is Carlton
McComb, and said above parties are hereby declared duly elected to said respective
offices, subject to taking of their oaths 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
declares that the Amendment to Article 3, Section 3.01 (e) of the Home Rule Charter
failed and that this section remains unchanged, as a result of this election.
Section IV.
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 shall hereafter read as follows:
ARTICLE 3, SECTION 3.10 - PROCEDURE FOR
PASSING ORDINANCES:
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 effective 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 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 promulgation of
such ordinance, provided that the provisions of this section shall not apply to
the correction, amendment, revision 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 reading aloud of the title and caption of the ordinance shall
suffice as a reading, provided printed copies of the ordinance, 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 may be read in their entirety at the discretion`
of a majority of the City Council.
Every ordinance shall be authenticated by the signature of the Mayor
and City Secretary and shall be systematically recorded and indexed in an ordinance
book in a manner approved by the Council. It shall only be necessary to record
the caption or title of ordinances in the minutes or journal of Council meetings.
The City Council shall have power to cause the ordinances of the City to be
corrected, amended, revised, modified and 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 evidence in
all courts and places without further proof.
ARTICLE 4, SECTION 4.11 - DEPARTMENT OF
PUBLIC SAFETY:
The City Council shall appoint a Safety Department which shall be an
advisory coordinating committee in the matter of public safety. The Safety
Department shall consist of the Chiefs of Police and Fire, City Health Officer,
the Superintendent of Schools, the Head of Civil Defense, an industrial
representative, a member of the Public Works Department and six laymen to
coordinate all City safety, industrial, vehicular and school pedestrian traffic.
ARTICLE 4, SECTION 4.12 - DEPARTMENT OF
PARKS, RECREATION, AND BEAUTIFICATION:
The City Council shall appoint an advisory park, recreation, and
beautification board. The advisory park, recreation, and beautification board
shall study the recreation, park facilities, and beautification programs of the
City and shall confer with the City Manager and advise him with respect to the
development and use of the City's parks, the recreation programs and City
beautification. The advisory park, recreation, and beautification board shall
recommend to the City Council rules for the use of parks, public grounds, and
recreation facilities consistent with the ordinances of the City and the statutes
of the State of Texas and appropriate programs for the beautification of the City.
ARTICLE 7, SECTION 7.03 - PLATTING OF
PROPERTY:
(a) Hereafter, every owner of any tract of land situated within the
corporate limits of the City of Pearland or its extraterritorial zones, who may
divide the same in two or more parts for the purpose of laying out any subdivision
or any addition to the City shall comply with all applicable provisions contained
in the Code of Ordinances of the City, as adopted or hereafter amended.
Section V.
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 continuously for at least 72 hours preceding the date of this meeting. A
copy of the return of said posting shall be attached to the minutes of this meeting
and shall be made a part thereof for all intents and purposes.
PASSED, ADOPTED and APPROVED this the t, day of moi%
A. D., 1978.
CITY OF PARLL D
/, EXAS
/
By: V �.
Mayor
ATTEST:
Dorothy L. Cookty Secretary
,