Ord. 0670 02-28-94ORDINANCE NO. 670
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 7TH
DAY OF MAY, 1994, DESIGNATING THE HOURS AND PLACE FOR
HOLDING SUCH ELECTION AND PROVIDING FOR SUBMISSION TO THE
VOTERS OF CERTAIN PROPOSED CHARTER AMENDMENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
That the following proposed amendments to the Home Rule
Charter of the City of Pearland, Texas, shall be submitted to the
vote of the duly qualified electors of the City of Pearland, Texas,
at the same time and places of the Regular City Election to be held
on May 7, 1994, pursuant to applicable provisions of the Home Rule
Charter and applicable statutes of the State of Texas, and that the
following portions of the Charter of the City of Pearland are
proposed to be amended to read as follows:
PROPOSED AMENDMENT NO. 1
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter, Section 1.02, to read
as follows:
"The Inhabitants of the City of Pearland in Brazoria and
Harris Counties, Texas " (Underlined portion added to
existing Section 1.02. Balance of Section unchanged).
PROPOSED AMENDMENT NO. 2
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter, Section 3.01 (first
sentence), to read as follows:
"... shall be known as City Council of the City of Pearland,
Brazoria and Harris Counties, Texas." (Underlined portion added to
existing Section 3.01-first sentence -Balance of Section unchanged).
PROPOSED AMENDMENT NO. 3
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter, Section 3.08, to read
as follows:
1
In all instances where the words "council member" or "council
members" are used, substitute the word "councilmember(s)". (Balance
of Section unchanged).
PROPOSED AMENDMENT NO. 4
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter, Section 4.01 (a) (last
sentence), to read as follows:
"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." (Underlined portion added to existing Section 4.01
(a) -last sentence -Balance of Section and Subsection unchanged
unless otherwise changed by other Amendment herein).
PROPOSED AMENDMENT NO. 5
FOR OR AGAINST:
THE DELETION OF ALL OF SUBSECTION (d) OF SECTION 4.01 of the
PEARLAND CHARTER, entitled "Assistant City Manager." (This
subsection permits the appointment of an assistant city manager and
proscribes his/her powers and duties).
PROPOSED AMENDMENT NO. 6
FOR OR AGAINST:
THE DELETION OF ALL OF SUBSECTION (b) of SECTION 4.02 of the
PEARLAND CHARTER, entitled "SPECIAL POLICE", which reads as follows
in the existing Charter prior to this deletion: "No persons except
as otherwise provided by the laws of the State of Texas shall act
as special police within the city." (DELETE).
PROPOSED AMENDMENT NO. 7
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter, Section 4.04,
DEPARTMENT OF TAXATION, by DELETING this Section in its entirety
and substituting in its place a new Section 4.04 to read as
follows:
2
"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."
PROPOSED AMENDMENT NO. 8
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter, Section 4.06 (d), last
sentence to read as follows:
"The salaries of these temporary judges are to be fixed by
City Council." (Underlined portion added to existing Section 4.06
(d) in place of the word "salary" -last sentence -Balance of Section
and Subsection unchanged).
PROPOSED AMENDMENT NO. 9
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter, Section 4.08 (c),
DUTIES OF THE HEALTH AUTHORITY, to read as follows:
... shall cooperate with the Commissioners' Court of Brazoria
and Harris Counties, Texas,...." (Underlined Portion added to
existing Section 4.08 (c). Balance of Section and Subsection
unchanged, except as changed by other amendments herein).
PROPOSED AMENDMENT NO. 10
FOR OR AGAINST:
THE DELETION OF ALL OF SUBSECTION (d) OF SECTION 4.08 of the
PEARLAND CHARTER, entitled "AIR AND WATER POLLUTION", which reads
as follows in the existing Charter Prior to this deletion:
"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."
(DELETE). Balance of Section 4.08 unchanged except as changed by
other amendments herein.
3
PROPOSED AMENDMENT NO. 11
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter by DELETING in its
entirety Section 4.11, entitled DEPARTMENT OF PUBLIC SAFETY, which
reads as follows in the existing Charter prior to this deletion:
"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." (DELETE).
PROPOSED AMENDMENT NO. 12
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter, Section 5.05, last
sentence, to read as follows:
"... any general election, and early voting shall be
(Underlined portion added to existing Section 5.05 in place of the
word "absentee" -last sentence -Balance of Section unchanged).
PROPOSED AMENDMENT NO. 13
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter, Section 5.06, to read
as follows, beginning with the third sentence, which shall read as
follows in place of the existing sentences three and four, which
are hereby deleted:
"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." (Balance of the Section, i.e., sentences one and
two, five, six and seven, are unchanged by this Amendment).
PROPOSED AMENDMENT NO. 14
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter, Section 6.01, to read
as follows:
"The qualified voters...." (Underlined portion added to
4
existing Section 6.01 in place of the misspelled word "votes" -
Balance of Section unchanged).
PROPOSED AMENDMENT NO. 15
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter, Section 6.08, to DELETE
the existing Section 6.08 in its entirety and to substitute in its
place a new Section to read as follows:
"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."
PROPOSED AMENDMENT NO. 16
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter, Section 7.02, ZONING
BOARD OF ADJUSTMENT, to read as follows:
ADD a provision as a final sentence in the Section that reads
as follows:
"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." (Elsewhere in this Ordinance there is
a proposed Amendment to DELETE this entire Section 7.02. If that
other Amendment passes, thereby deleting this entire section, this
proposed Amendment shall also be deleted with the Section whether
or not this Amendment passes.)
PROPOSED AMENDMENT NO. 17
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter, Section 7.02, ZONING
BOARD OF ADJUSTMENT, to DELETE in its entirety, Section. 7.02,
entitled ZONING BOARD OF ADJUSTMENT. (Zoning Board of Adjustment).
5
PROPOSED AMENDMENT NO. 18
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter, Section 8.11, EFFECTIVE
DATE OF BUDGET; CERTIFICATION; COPIES MADE AVAILABLE, to read as
follows:
ADD a provision as a final sentence in the Section that reads
as follows:
"A reasonable cost based on state recommendation will be
charged for copies of city budgets to all interested parties."
PROPOSED AMENDMENT NO. 19
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter, Section 10.04, NOTICE
OF CLAIM, by DELETING the existing provision in its entirety and
substituting in its place a new Section to read as follows:
"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 as 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."
PROPOSED AMENDMENT NO. 20
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter, Section 10.11, INTERIM
MUNICIPAL GOVERNMENT, first sentence, to read as follows:
"... will continue to fill those offices to which they were
elected." (Underlined portion added to existing Section 10.11 in
6
place of the misspelled word "wre"-Balance of Section unchanged.
PROPOSED AMENDMENT NO. 21
FOR OR AGAINST:
THE AMENDMENT OF the Pearland Charter, Section 10.15 (a)(1),
CHARTER REVIEW COMMISSION, by DELETING sentence two (2), and
substituting in its place a new sentence two (2) to read as
follows:
"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. (Balance of the Section
and subsection unchanged).
The above proposed Charter Amendments shall be submitted to
the qualified electors of the City of Pearland at the time and in
the manner required by law and in accordance with the procedure
otherwise employed in connection with the election of City
officers.
The City Secretary is hereby directed to cause notice of the
submission of said Charter Amendments to be published in the
official City newspaper on two successive weeks, with the date of
the first publication to be not less than fourteen (14) days prior
to the date of the election, together with the complete text of
each proposed amendment.
That immediately after said election is held, the officers
holding same shall take returns of the results thereof to the Mayor
of this City as required by the Election Code. A copy of this
Ordinance shall also serve as a Writ of Election which shall be
7
delivered to the duly appointed Presiding Judge for said election.
PASSED AND APPROVED ON FIRST READING this the a,a17 day
of
ATTEST:
PAT JONES,�`' C
CITY SECR " ARY
, A. D., 1994.
C. V. COP' 'GER
MAYOR
PASSED AND APPROVED ON SECOND AND FINAL READING this the /I
day of r,^�/�-� , A. D., 1994.
ATTEST:
PAT JONES,
CITY SECRE
APPROVED AS TO FORM:
DIC
CITY ATTO EY
8
C. V. COPPINGER
MAYOR Pj, , Tarr,