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R2002-0116 07-22-02RESOLUTION NO. R2002-116 A RESOLUTION CALLING A SPECIAL ELECTION TO BE HELD ON SATURDAY SEPTEMBER 14, 2002, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF PEARLAND, TEXAS, A PROPOSAL FOR THE LEGAL SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS LOCATED WITHIN THE CITY OF PEARLAND. WHEREAS, the City Council of the City of Pearland, Texas (the "City"), has determined that an election should be held in the City on a proposal for the legal sale of mixed beverages in restaurants by food and beverage certificate holders located within the City of Pearland; and WHEREAS, City Council wishes to proceed with the ordering of such election and the City Council has determined that holding such election on a uniform election date is in the public interest; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS; Section 1. (a) It is hereby resolved that a special election (the "Election") shall be held in and throughout the City on Saturday, September 14, 2002, between the hours of seven o'clock a.m. and seven o'clock p.m. at which election the proposed legal sale of. mixed beverages, set forth in Exhibit "A" attached hereto, shall be submitted to the qualified electors of the City. (b) The Election shall be held under the provisions of the Charter of the city the Constitution and laws of the state of Texas and of this Resolution. All qualified voters residing in the City shall be allowed to vote at the Election; and each voter shall vote in the RESOLUTION NO. R2002-116 election precinct in which such voter resides. Section 2. (a) The election precincts for the Election shall include the county election precincts located within the limits of the City and such precincts, the polling places and the precinct judges are hereby established and shall be as described in Exhibit B hereto. (b) Each Presiding Judge shall appoint the necessary clerks to assist her which shall not be less that two (2) nor more that six (6) clerks. Notice of appointment of the Presiding Judges shall be in accordance with Section 32.009 of the Texas Election Code, as amended. (c) In the event the Mayor shall find that the polling places listed on Exhibit B shall have become unavailable or unsuitable for use at the Election or if any person or persons appointed herein do not appear or are unable to perform their duties, he is hereby authorized to designate substitute polling places and appoint substitute personnel, giving such notice as he deems appropriate. Section 3. In accordance with the Texas Election Code, it is hereby determined that electronic voting systems shall be used for the Election for all voting including early voting by personal appearance and by mail. The City Secretary is hereby authorized and directed to prepare the ballots and provide and furnish all necessary election supplies to conduct the election in accordance with the provisions of the Texas Election Code. On such ballots shall appear the proposed legal sale of mixed beverages set forth in Exhibit A to this Resolution. Section 4. (a) Cheryl Barnett is hereby appointed Presiding Judge of the Early Voting Ballot Board for the Election. The Mayor shall appoint a substitute presiding judge 2 RESOLUTION NO. R2002-116 for the Early Voting Ballot Board, if necessary. The Presiding Judge of the Early Voting Ballot Board is hereby directed to appoint at least two (2) other members to the Early Voting Ballot Board in the same manner as precinct election clerks are appointed. (b) Young Lorfing is hereby appointed Clerk for early voting and Melinda Welsh and Robin Pitcock are hereby appointed Deputy Clerks for early voting. Early voting shall be conducted at the main early voting place on the dates and at the times indicated on Exhibit C hereto. The mailing address to which ballot applications and ballots voted by mail may be sent is as follows: Early Voting, City of Pearland, 3519 Liberty Drive, Pearland, Texas 77581. Late voting by sick or disabled voters after the close of the regular early voting period shall be in accordance with Chapter 102 of the Texas Election Code, as amended. (c) Early voting in person or by mail for such elections shall be by electronic voting system. An early ballot box shall be provided in accordance with Sections 51.031 and 85.032 of the Texas Election Code, as amended. Early votes shall be canvassed and returned by the Early Voting Ballot Board. (d) Early voting shall also be conducted on the dates and at the times and temporary branch polling places indicated on Exhibit D hereto. Section 5. This Resolution shall constitute the election order for the Election and shall constitute the notice of the Election, and the Mayor is hereby authorized and directed by the provisions of Section 4.003(c)of the Texas Election Code, as amended and Section 1251.003(d) of the Texas Government Code, as amended, to cause a copy of this Resolution to be (1) published on the same day in each of two (2) successive weeks in a RESOLUTION NO. R2002-116 newspaper of general circulation in the City of Pearland, Texas, the first such publication to be made not less than fourteen (14) days before the date of the election; and (2) posted, not later than twenty-one (21) days before the date of the election, in three (3) public places within the City of Pearland and at City Hall. The Mayor and City Secretary are authorized to give such other notice as may be required by law. The City Secretary is further directed to cause all notices, ballots, instructions and other election materials to be provided in both English and Spanish languages in accordance with the laws of the State of Texas and the United States of America. Section 6. Each presiding Judge and Alternate Presiding Judge appointed herein shall be compensated for services rendered at the respective polling places at the rate of $12.00 per hour and for services rendered in delivering election records at the rate of $25.00 per hour, and any clerks appointed pursuant to this Resolution shall be compensated for services rendered at the respective polling places at the rate of $10.00 per hour. Section 7. It is further found and determined that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posed at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meeting Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 4 RESOLUTION NO. R2002-1'16 APPROVED AND ADOPTED this 22 day of ,2002. Tom Reid Mayor ATTEST: in-g'Lor:f/~ Secrff~ry APPROVED AS TO FORM: Darrin M. Coker City Attorney 5 EXHIBIT A PROPOSED LOCAL OPTION The ballot for the local option election shall be prepared to permit voting for or against the following issue: "The legal sale of mixed beverages in restaurants by food and beverage certificate holders only." EXHIBIT B City of Pearland Precinct #546 Voting for Brazoria County Precincts #28, 46, 51 and 61; and Harris County Precincts # 0537 and 0654 shall be held at the following polling place: Melvin Knapp Activity Building 2425 S. Grand Boulevard Pearland, Texas 77581 Presiding Judge: Cheryl Barnett Alternate Judge: Susan Cullen City of Pearland Precinct #512 Voting for Brazoria County Precincts #12, 21, 26, 29, 36, 40, 47, 58 and 62; Harris County Precincts #031 and 0630; and Fort Bend County Precinct #2003 shall be held at the following polling place: Epiphany Lutheran Church Gymnasium 5515 W. Broadway Pearland, Texas 77581 Presiding Judge: Joanne Parisher Alternate Judge: Wanda Heard 7 EXHIBIT C CITY OF PEARLAND, TEXAS SEPTEMBER 14, 2002 LOCAL OPTION MAIN EARLY VOTING PLACE Location Pearland City Hall City Secretary's Office 3519 Liberty Drive Pearland, Texas 77581 Date (Monday- Friday) August 28, 2002 through September 10, 2002 (Saturday) September 7, 2002 (Sunday) September 8, 2002 Polls Open 7:30 a.m.-5:30 p.m. 9:00 a.m.-5:00 p.m. 12:00 p.m.- 4:00 p.m. 8 EXHIBIT D CITY OF PEARLAND, TEXAS SEPTEMBER 14, 2002 LOCAL OPTION TEMPORARY BRANCH POLLING PLACES Location Epiphany Lutheran Church Gymnasium 5515 W. Broadway Pearland, Texas 77581 Date (Monday- Friday) August 28, 2002 through September 10, 2002 (Saturday) September 7, 2002 (Sunday) September 8, 2002 Polls Open 8:00 a.m.-5:00 p.m. 9:00 a.m.-5:00 p.m. 12:00 p.m.- 4:00 p.m. 9 AFFIDAVIT OF PUBLICATION • The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazona and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazona and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: No. / Date 6 -28 20 O N o. Date 20 N o. Date 20 No. Date 20 N o. Date 20 Subscribe and sworn to before me this 20 04-- LAURA ANN EMMONS Notary Public State of Texas Commission Expires 09-09-2006 day o Laura Ann Emmons, Publisher Notary Public, State of Texas Charter ReviewCommission - Proposed Amendments 1-3 on said election day. CITY OF PEARLAND 2001 CHARTER REVIEW COMMISSION PROPOSED AMENDMENT NO.1 This amendment clarifies that the City Attorney answers directly to the City Council. THE AMENDMENT OF the Pearland Charter, Section 4.07, CITY ATTORNEY, to read as follows: The city council shall appoint a competent attor- ney duly licensed in the State of Texas, who ,hall bo 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 attor- neys selected by him/her with the approval of the city council, shall represent the city in all litigation. He/She shall answer directly to the city council and shall be the legal advisor of, attorney and counsel for, the city and all officers and departments thereof. [underlined portions ADDED; stricken portion DELETED] PROPOSED AMENDMENT N .2 This amendment will require any officer or employee of the City to comply with the state laws that apply to per- sonal interest in City con- tracts or any other conflict of interest. THE AMENDMENT OF the Pearland , Charter Section 10.07, PERSONAL INTER- EST IN CITY CONTRACT, to read as follows: Be et--wf#h r-e+Yref kmdr Riatefialer etifilgeeref ae€143ereff. leyee eewRo#, Personal interest in city contracts or any other actual or potential conflicts of interest shall be governed by applicable state law, including Texas Local Government Code Chapter 171. [underlined portionn ADDED; stricken portion n DELETED] PROPOSED AMENDMENT NO.3 This amendment modifies the intervals for convening the Charter Review Commission from two to four years, but allows a commis- sion to be convened more frequently if the City Council deems it necessary. THE AMENDMENT OF the Pearland Charter, Section 10.15 CHARTER REVIEW COMMISSION, to read as follows: The city council shall appoint at its first regular meeting in January of OS) ediskRefigiefOil every fourth year, beginning with 2005, or more frequently if the city council deems necessary, a charter review commission of five citizens of the City of Pearland:,., tunderlined portions ODED; stricken portion D►LETED] CITY OF PEARLAND LOCAL OPTION ELECTION TO LEGALIZE The legal sale of mixed bev- erages in restaurants by food and beverage certifi- cate holders only. City of Pentland Voting Precinct No. 546 will con- sist of Brazoria County Precincts Numbers 28, 46, 51, 61 and 68, Harris County Election Precincts #0537 and 0654 shall be held at the .Melvin Knapp Activity Building, 2425 S. Grand Boulevard, Pearland, Texas and City of Pearland Precinct No. 512 will con- sist of Brazoria County Precincts Numbers 12, 21, 26, 29, 36, 47, 58, 59, 601 62, 63, 64, 65, and 67, Harris County Election Precincts #0131 and 0630, and Fort Bend County Precinct #2003 shall be held at the Epiphany Lutheran Church Gymnasium, 5515 W. Broadway, Pearland! Texas. The above -designated polling place shall be open frorn 7:f9 A. M, to 7:00 P, M. Published Aug. 28 & Sept. 4, 2002 Wp5-47.FM Prescribed by Secretary of State Section 85.007,85.068, V.T.C.A., Election Code 9191 NOTICE FOR EARLY VOTING ON SATURDAY AND/OR SUNDAY For the City of Pearland Special Election to be held on Sept. 14, 2002, addition- al early voting will be held as follows: City Hall, 3519 Liberty Dr. Saturday, Sept. 7, 2002 9:00 a.m. - 5 00 p.m. Epiphany Lutheran Church, 5515 W. Broadway Saturday, Sept 7, 2002 9:00 a.m. - 5 00 p.m. City Hall, 3519 Liberty Dr. Sunday, Sept. 8, 2002 12:00 p.m. - 4:00 p.m. Epiphany Lutheran Church, 5515 W. Broadway Sunday, Sept 8, 2002 12:00 p.m. - 4:00 p.m: AVISO PARA VOTACION ADELANTADA EN SABADO Y/0 DOMINGO Para la Eleccibn Especial de la Ciudad quo se IlevarA a cabo el dia 14 de Septiembre de 2002 la votacibn adelantada edemas se Ilevara cabo de tal manera: City Hall, 3519 Liberty Dr., Sabado, 7 de Septiembre, 2002 9:00 a.m. - 5:00 p.m. El Gimnasio de la Iglesia Lutherano, 5515 W. Broadway, Sabado, 7 de Septiembre, 2002 9:00 a.m. - 5:00 p.m. City Hall, 3519 Liberty Dr. Domingo, 8 de Septiembre, 2002 12:00 p.m. - 4:00 p.m. El Gimnasio de la Iglesia Lutherano, 5515 W. Broadway, Domingo, 8 de Septiembre, 2002 12:00 p.rn. - 4 00 p.m. Emitido est dit 25 de Julio, 2002. /s/ Young Lorfing Secretano de la Votacibn Adelantada TO THE RESIDENT QUALIFIED VOTERS OF THE CITY OF PEARLAND, TEXAS Notice is hereby given that a Special Election will be held on the 14th day of September, 2002, in the above -named City for the purpose of voting on the fol- lowing proposition for said City: The early voting for the above -designated election shall be held at 3519 Liberty Drive, city Hall Building, 3rd Floor, in said City and said place of early voting shall be conducted between the hours of 7:30 a.m. and 5:30 p.m. and between the hours of 8:00 a.m and 5:00 p.m. at Epiphany lditkrnn Church Gymnasium, 5515 W Broadway, Pearland1 Texas. each day of early voting which is not a Saturday, Sunday or an offi- cial City holiday, beginning August 28, 2002, and con- tinuing through September 10, 2002. Applications for ballots by mail shall be mailed to the City Secretary as follows: Young Lorfing, 3519 Liberty Drive, Pearland, Texas 77581-5416 Applications must be received no later than close of business, which shall be 5 30 p.m., on September 6, 2002. Dated this 22 day of July, 2002. /s/ Tom Reid Mayor Issued this 25th day of July, 2002, /s/ Young Lorfing Early Voting Clerk A LOS VOTANTES RESIDENTES CALIFICADOS DE LA CIUDAD DE PEARLAND, TEJAS Se da aviso que se Ilevara a cabo una Eleccibn Especial de Ia Ciudad el dia 14 do Septiembre de 2002, en Ia ciudad ya mencionada y con el propbsito de elegir a los siguientes oficiales para dicha ciudad: CIUDAD DE PEARLAND, TEXAS COMISION DE REVISION DE 2001, DE LA CARTA PROPUESTA DE ENMIENDA N0.1 Esta enmienda clarifica que el Abogado de Ia Ciudad responde directamente al Consejo de Ia Ciudad. LA ENMIENDA DE la Carta Constitucional de Pearland, Seccion 4.07, ABOGADO DE LA CIUDAD, para quo se lea como sigue: "....EI Consejo de Ia Ciudad designara un abojado com- petente y con Iicencia en el Estado de Texas, que sera el Abogado de Ia Ciudad. Esta persona recibira por sus servicios una compen- sacion designada por el Consejo de Ia Ciudad y mantendra su puesto con aprobacion de dicho Consejo. El Abogado de Ia Ciudad o cualquier otro abo- gado seleccionado seran aprobados por el Consejo con el objeto de representar a la Ciudad en cualquier liti- gio. Esta persona respon- dera directamente al Consejo de Ia Ciudad, y sera el concejero legal de la misma, asi como de todos los oficiales y todos los departamentos de Ia misma. [Ia parte subrayada SE AGREGA; la parte tachada SE ANULA} PROPUESTA DE ENMIENDA NO. 2 Esta enmienda requiere quo cualquier oficial o empleado de Ia Ciudad cumpla con Ia ley estatal que sea aplicable al interes personal sobre contratos de Ia Ciudad o cualquier otro conflicto de intereses. LA ENMIENDA DE Ia Carta Constitucional de Pearland, Seccion 10.07, INTERES PERSONAL SOBRE CON- TRATOS DE LA CIUDAD, para que se lea como sigue: e ete—s feeeeraniatecieleerprevi- iee l Gefeeje- El interes person- al sobre contratos de Ia ciu- dad o algun otro conflicto de intereses, actual gpotencial, sera gobernado por Ia ley estatal aplicable, inclusivo el bierno I Q(Alace_apitulo 171. [Ia parte subrayada SE AGREGA; Ia parte tachada SE ANULA] PROPUESTA DE �!1 I_ENDA NO, 3 Esta enmienda modifica to intervalos para convocar I Comision de Revision d dos anos a cuatro anos, pei mitiendo que Ia comision s convoque con mas frecuen cia si el Consejo de I� Ciudad to juzga necesario. LA ENMIENDA DE Ia Carta Constitucional de Pearland, Seccion 10.15 COMISION DE REVISION DE LA CARTA, para que se lea como sigue: EI ' Consejo de Ia Ciudad designara durante su primera sesion regular en enero de eafiereae4Fopec cada cuarto ano, empezan- do con el ano 20051 o con mas frecuencia si el Consejo de la Ciudad to juzga necesario, una Comision de Revision do Ia Carta que incluya cinco habitantes de Ia Ciudad de Pearland.... [Ia parte subrayada SE AGREGA; Ia parte tachada SE ANULA] ELECCION DE OPCION LOCAL PARA LEGALIZED !La yenta legal de bebidas ps alcohOlicas mezclades jcocteles) en restaurants solo por los poseedores de un certlflcado de comi- das y bodkins La ciudad de Zona de Votar dc. 7 arland No. 511e >0 compondra de los Numeros de Zonas de Condado de Brazoria 28, 46, 51, 61 y 68, Zonas de la Eleccibn de Condado de Harris #0537 y 0654 seran tenidos en el EDIFICI© DE MELVIN KNAPP. 2425 S, GRAND BLVD., PEARLAND, TEJAS, 77581. La ciudad de Zona de Votar de Pearland No. 526 se com- pondra de los Numeros de Zonas de Condado de Brazoria 12, 21, 26, 29, 36, 47, 58, 59, 60, 62, 63, 64, 65 y 67, Zonas de Ia Eleccibn de Condado de Harris #0131 y 0630 seran tenidos en EL GIMNASIO DE LA IGLESIA EPIFANIA L.UTHERANO, 5515 W. BROADWAY. PEARLAND, TEJAS 77581. El lugar do votacibn ya des- ignado para dicha eleccibn se mantendra abierto en el mencionado dia de elec- ciones desde las 7:00 de Ia manana hasta las 7 00 de In noche. La votacibn temprana para Ia eleccion ya designada se Ilevara a cabo en el City Hall, 3519 Liberty Drive, Tercer Piso, en dicha ciu- dad, y dicho lugar de votacibn temprana se man- tendra abierto desde las 7:30 a.m. hasta las 5:30 p.m. y desde las ocho de la manana (8:00 a.m.) hasta las cinco de las tarde (5:00 p.rn.) en EL GIMNASIO DE LA IGLESIA EPIFANIA LUTHERANO, 5515 W. BROADWAY, PEARLAND, TEJAS 77581 se mantendra abierto po los menos cada dia de votacibn temprana con excepcon de SAbado y Domingo, o dia de fiesta offi- cial de Ia ciudad, empozan- do el 28 de Agosto de 2002 y terminando el 10 de Septiembre de 2002. Las aphcaciones para bole- tas que se votaran en ausencia por correo deben ser enviadas a Ia secretario de Ia ciudad por to siguicnte: Young Lorfing, 3519 Liberty Drive, Pearland, Texas, 7758105416 Las aplicaciones deben ser recibidas no mas tarde que las horps de termmar nego - cio que seran las cinco (5:30 p.m.) de Ia tarde, el dia 6 de Septiembre de 2002. Fechado este dia 22 de Julio, de 2002. /s/ Tom Reid Alcalde AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 • • • • 14 State of Texas Brazoria and Harris Counties • I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: N o. / Date 2 20 ��• N o. Date • 20 N o. Date -20 N o. Date 20 N o. Date 20 Subscribe and sworn to before me this 20 0,- %= p'\ LAURA A . EMMONS. i�`♦��_'vi��,i:/, ): i��olcfy PL'�i(0 / S'2fe• of I OX3 , /) \ ti • Commission l Exp i e3 ELC-00 ii • • • >7fl ri r%rtm President day o aura Ann Emmons, Publisher Notary Public, State of Texas Legals - Proposed Amendments - 2 SECTION 5.05. Ballots. Published July 24, 2002 CITY OF PEARLAND 2001 CHARTER REVIEW COMMISSION PROPOSED AMENDMENTS AMENDMENT 1 SECTION 3.01 Number, selection and term. The legislative and govern- ing body of the city shall consist of a mayor and five (5) councilmembers and shall be known as the "city council of the City of Pearland, Brazoria, Fort Bend, and Harris Counties, Texas. @ (a) The A mayor shall be elected from the city at large. The councilmembers shall be elected from the city at large by positions and shall be known as positions 1, 2, 3, 4, and 5. One coun- cilmember shall be elected from the city at large and shall be known as at -large position. The remaining four councilmembers shall be elected by districts and shall be known as districts 1, 2, 3, and 4. The council shall modify the size, configura- tion, and geographic defini- tion of the council districts as necessary to provide equal representation to all citizens of the city and to comply with state and feder- al law. (b) The mayor shall preside over be the presiding officer of 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. (c) In the first election year after adoption of the charter, two (2) councilmembers shall be elected for positions 1 and 5. In the second elec- tion year after adoption of this charter, the mayor and one (1) councilmember for position 3 shall be elected. In the third election year after adoption of this charter two (2) councilmembers shall be elected for positions 2 and 4. In the third election year after the year of adop- tion of the amendments to the charter creating council districts, the mayor and the eat large councilmernber shall be elected. In the fourth election year after the year of adoption of the amendments to the charter creating council districts, two (2) councilmembers shall be elected for districts 1 and 2. In the fifth election year after the year of adop- tion of the amendments to the charter creating council districts, two (2) coun- cilmembers shall be elected for districts 3 and 4. SECTION 3.02. Qualifications The mayor and each mem- ber 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 loss than six (6) months immediately preceding his/her election, and shall not be indebted to the City of Pearland. In addition, each member of the city council elected from districts shall have been a resident of the district from which he/she is elected for a period of not Tess than six (6) months immediately preceding his/her election. If the mayor or any councilmem- ber fails to maintain the fore- going qualifications or shall be absent from two (2) regu- larly scheduled meetings within any six-month period without valid excuse, the city council must, at its next reg- ular meeting, declare a vacancy as set forth in Section 3.06 of this charter. Neither the mayor nor any No member of the city coun- cil of the City of Pearland shall hold any paid position under the city government during their term of office. *he positions of the several members of the council shall be designated on the official ballot as member of the council, at -large position, 1 or district number 1, 2, 3, or 4, or 5. Each candidate shall indicate the position which he/she desires to fill. Incumbent councilmembers seeking reelection must file for the position for which they were originally elected. Candidates for all positions may reside in any portion of the City. SUCTION 6.03. Petition for recall. Before the question of recall of such officers shall be sub- mitted to the qualified voters of the city, a petition demanding such question to be so submitted shall first be filed with the person per- forming the duties of city secietary; . In the case of u w i s ►ayor or the at -large councilmember, the petition for recall shall be signed by qualified voters of the city equal in number to at least five (5) thirty (30) per cent of the registered voters in num- ber of votes cast at the last regular municipal election of the city, for the position in question, but in no such event less than one hundred fifty (150) such petitioners. In the case of the coun- cilmembers elected from districts, the petition for recall shall be signed by at least five (5) per cent of the registered voters in the same district from which the councilmember was elected. 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, fix a date for hold- ing such recall election and discharge any other duties Unposed upon said council by the provisions of this Charter and state law. If the recall is sought against the mayor or the at -large councilmember, then all qualified voters within the city may vote in the recall election. If the recall is sought for city councilmem- bers elected from districts, then only the qualified voters of the district from which the councilmember sought to be recalled was elected may vote in the recall election. The date for the election shall be ordered and held in a timely manner as pre- LEGALS scribed by the general elec- tion laws of the State of Texas. AMENDMENT II Section 4.07. City attorney. The city council shall appoint a competent attor- ney duly licensed in the State of Texas, who shall be the city attorney. He/She shall receive for hi /h,.; 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 attor- neys selected by him/her with the approval of the city council, shall represent the city in all litigation. He/She shall answer directly to the city council and shall be the legal advisor of, attorney and counsel for, the city and all officers and departments thereof. AMENDMENT III Section'10.07. Personal interest in city contract. No officer or employee of the city shall have a financial interest, direct or indirect, in any contract with the city, or shall be financially interest- ed, directly or indirectly, in the sale to the city of any land, materials, supplies, or service, except on behalf of the city as an officer or employee. Any willful viola- tion of this section shall con- stitute malfeasance in office, and any officer or employee guilty thereof shall be sub- ject to removal from his/her office or position. Any viola- tion of this section, with the knowledge expressed or implied, of the person or cor- poration contracting with the council shall render the con- tract involved voidable by the city manager or the council. Personal interest in city contracts or any other actual or potential conflicts of interest shall be governed by applicable state law, including Texas Local Government Code Chapter 171. AMENDMENT IV Section 10.15. Charter review commission. The city council shall appoint at its first regular meeting in January of each odd numbered every fourth year, beginning with 2005, or more frequently if the city council deems necessary, a charter review commission of five citizens of the City of Pearland.