R2005-0178 11-28-05
RESOLUTION NO. R2005-178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE SUBMISSION OF CERTAIN PROPOSED
CITY CHARTER AMENDMENTS TO THE VOTERS OF THE CITY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain recommendations of the 2005 Charter Review
Commissions, a copy of which are attached hereto as Exhibit "A" and made a part hereof
for all purposes, are hereby authorized for submission to the voter's of the City.
PASSED, APPROVED and ADOPTED this the 28th day of Novf'mhf'r
A.D., 2005.
,-)t~ i~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
O~H.~
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT
I < A c(
2005 CITY OF PEARLAND
CHARTER REVIEW COMMISSION'S
PROPOSED CHARTER AMENDMENTS
AND RECOMMENDATION
CHARTER AMENDMENTS
Section 1.02. Incorporation.
The inhabitants of the City of Pearland in Brazorial allEl Harris and 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 "CITY OF PEARLAND," hereinafter referred to as the
"city," and having such powers, privileges, rights, duties and immunities as are herein
provided.
Section 3.01. Number, selection and term.
The legislative and governing body of the city shall consist of mayor and five (5) council
members and shall be known as the "city council of the City of Pearland, Brazoria~ allEl
Harris and Counties, Texas."
(a) The 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 l, 2, 3, 4
and 5.
(b) The mayor shall 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. The ma or shall be allowed to vote onl in case of a tie
vote.
Section 3.08. Meeting of the city council.
The city council shall hold at least two (2) 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 (1) issue of the official newspaper of said city. The city
2005 Proposed Amendments
secretary, upon written request of the mayor or any two councilmembers, shall call
special meetings of the city council, notice of such special meetin s shall be iven 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.
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 sanitary code; shall
cooperate with nearby cities on prob!ems of health and sanitation; shall cooperate with
the commissioner's court of Brazoriaj! aHtl Harris Counties, Texas and its
(their) agencies, and with the state health department and other departments of the state
government in matters pertaining to health and sanitation.
Section 6.13. Initiative.
Qualified voters of the City of Pearland may initiate legislation by submitting a petition
addressed to the city council which requests the submission of a proposed ordinance or
resolution to a vote of the qualified voters of the Said petition must be signed by
qualified voters of the city ~ in number te thirty (30) per cent of the
number cast at the regular last municipal election of the city, or one hundred fifty (150)
qualified voters, whichever is greater, and each copy of the petition shall have attached to
it a copy of the proposed legislation. The petition shall be signed as provided in section
6.03 of this charter. The petition may consist of one (1) or more notarized copies as
permitted in section 6.05 of this charter. Such petition shall be filed with the person
performing the duties of city secretary. Within five (5) days after the filing of such
petition, the person performing the duties of city secretary shall certify such petition or
return same to petitioners. After certification, the person performing the duties of the city
secretary shall present said petition and proposed ordinance or resolution to the city
council at the next regular meeting. Upon presentation to the city council of the petition
and draft of the proposed ordinance or resolution, it shall become the duty of the city
council within ten (10) days after receipt thereof, to pass and adopt such ordinance or
resolution without alteration as to meaning or effect in the opinion of the persons filing
the petition or to call a special election, to be held within thirty (30) days thereafter, at
which the qualified voters of the City of Pearl and shall vote on the question of adopting
or rejecting the proposed legislation. However, if any other municipal election is to be
held within sixty (60) days after the filing of the petition, the question may be voted on at
such election. No ordinance shall be proposed by an initiative petition which is on the
2005 Proposed Amendments
same subject as an ordinance so submitted and defeated at an election held within the
proceeding twelve (12) months.
Section 6.14. Referendum.
Qualified voters of the City of Pearl and may require that any ordinance or resolution with
the exception of ordinances or resolution levying taxes or issuing tax or revenue bonds,
passed by the city council be submitted to the voters of the city for approval or
disapproval, by submitting a petition for this purpose within thirty (30) days after final
passage of said ordinances or resolution or within thirty (30) days after is publication.
Said petition shall be addressed, prepared, signed and verified as required for petitions
initiating legislation, as provided in section 6.13 of this charter and shall be submitted to
the person performing the duties of city secretary. Immediately ulpon the filing of such
petition, the city secretar shall present said petition to the city council
. Thereupon the city council shall immediately
reconsider such ordinance or resolution and if it does not entirely repeal the
same, shall submit it to popular vote as provided in section 6.13 of this charter. Pending
the holding of such election, such ordinance or resolution shall be suspended from taking
effect and shall not later take effect unless a majority of the qualified voters voting
thereon at such election shall vote in favor thereof.
AFFIDAVIT 49 -Cr
IT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
• Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for issues, as follows:
No. / Date 'g 20
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Iiiá 4 /0l
CFO
Subscribe andsworn to before me this day of
20oC
• EMNiONS
ap¢rPue�, uRP bNNtateoiTexas aura Ann Emmons, Publisher
,, ° ootaN Ires 09 09-2006
ComR��ssion ExP . kp otary Public, State of Texas
t
,PQo / /
:Published June 8,2005
NOTICE OF PUBLIC
HEARING ON THE--
PROPOSED CHARTER -
r AMENDMENTS AND
RECOMMENDATION
Notice is hereby given that
on the 14th day of June,
2005, at 6:00 p.m., the
Charter Review Commis-
sion of the-City of Pearland,
Texas,will,conduct a Public
' Hearing in the Council
Chambers, City Hall, 3519
Liberty Drive, Pearland,
Texas, to gather public
comment and testimony
regarding proposed charter
'amendments and recom-
mendation.
•
At said hearing all interest-
* parties shall have the
right and opportunity to
appear and be heard on the
subject.
/s/Young Lorfing,TRMC
City Secretary
This site is accessible to
disabled individuals. For
special assistance, please
call Young Lorfing at
281.652.1655,prior to the
meeting so that appropriate
arrangements can be made.
uiQ
AFFIDAVIT OF PUBLICATION . • • Cori\m-
• The Pearland Reporter News
2404 South Park -.
Pearland, Texas 77581 s.
o-
a . .
•
State of-Texas •
Brazoria and Harris Counties '
•
1,Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:.
No: / Date /("' 9 20 096
No. Date 20
No. Date 20
•
No. .Date 20
y • •
No. Date . • r 20 •
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•
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Subscribe and sworn to befo .� ,, day.of Y(00( .
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• ` Laura Ann Emmons, Publisher -
- Notary Public, State of•Texas
exec- l-1,
/f.h/.SAP-Igr Po Bpi v_f.c? ec-)estfJ6 .
• The city council shall hold at ; ?Qualified voters of the City j -
2005 CITY OF PEARLAND� least two(2)regular meet- of Pearland may initiate leg -- �___
CHARTER REVIEW ; : ings in each month at a time ' ; islation by submitting a peti- ; Section 6.14.Referendum._
_; COMMISSION'S _ i to be fixed by said city p ; tion addressed to the city ' ' '
I PROPOSED CHARTER . ' council by ordinance or res- - -
' council which requests the , R ;
AMENDMENTS AND • j olution fixing the dates of ;Qualified voters of the City
RECOMMENDATION •• ; such regular meetings. As submission of a proposed of Pearland may require
g g ordinance or resolution to a
l I many additional special that any ordinance orreso-
vote of the qualified voters
fCHARTER AMENDMENTS 1 { meetings maybe held dur ,lution with the exception of
• j of the city. Said.petition •
ing the month as may be ordinances or resolution
d Section 1.02. Incorpora- ` necessary for the transac- roust ue any!eu'uy yummy . 'levying taxes or issuing tax l
voters of the city equal in
tion. tion of all business of the or revenue bonds, passed I
1 P city and its citizens. All i number to of at least thirty ,by the city council be sub- l
(30)per,cent of the number
i
The inhabitants of the City meetings shall be public,: the milted to the voters of the
of Peadand in Brazoria,aadauthorized cast at the regular last I city for approval or disap- '
Harris and Fort Bend y
! law,and shall except ll be held at the city,munlolponeal lhundredf fiftyeti-
I ton for this purpose within
I - city-hall;provided,however,__ (150) qualified voters, thirty(30)days after final ;
1- Counties,Texas,within the - the city council may desig- ', whichever is greater,and
1 corporate limits as now I passage of said ordinances
I established and as here- 1 note another place for such each copy of the petition 'or resolution or within thirty
II meetings after publishing , .shall have attached to it a (30)days after is publica
after altered,shall continue , the due notice thereof in , copy of the proposed legis-
to be and are hereby consti- tion. Said petition shall be ,
one(1)issue of the official , lotion. The petition shall be •addressed, prepared, `
tuted a municipal,body newspaper of said city. The - signed asprovided in sec-
'_politic and corporate;in per- g I signed and' verified as i
etuit under the name city secretary,upon written lion 6.03 of this charter. 1 required for petitions initial y
P Y request of the mayor or any The petition may consist of ing legislation,as provided
d CITY OF PEARLAND," two councilmembers,shall I.. ',one(1)or more notarized
I hereinafter referred to as call s ecial;meetin s of the in section 6.13-of this char-
the°city"and having such P g copies as permitted in.sec- , ; ter and shall be submitted to
i - city council,notice of such ,Lion 6.05 of this charter. l ' the person performing the
powers;privileges, rights, special meetings shall be ; 'Such petition shall be filed I ; duties of city secretary.
, duties and-immunities as
are herein provided. given to each member of with the person performing _I iately Upon the fil-
, the,city council at least sev- :the duties of city secretary. ing of such petition;the city 1
I • enty-two(72)hours before Within five(5)days after the secretary shall present said
j Section 3.01.Number, ' the start of the meeting, filing of such petition,the Ii petition to the city council at
I selection and term: -which said notice shall stateperson performingthe 1
I , ; the next regular meeting .1
i the date for such meeting , duties of city secretary shall' ' of the city council. 1
The legislative and govern- ` and the subject to be con- I certify such petition or; , Thereupon the city council-I
ing body of the city shall.' sidered at such meeting, return same to petitioners.I
five(5) , I shall immediately at the ,
consist of mayor and
and no other subject shall After certification,the per- same,meeting reconsider 1
I council members and shall " be there considered except ; son performing the duties of such ordinance or resolution
be known'as the"city coun- with unanimous consent of , the city secretary shall pre- _ and if it does not entirely ,
cil of the City of Pearland,
the city.council.Said notice_; -sent said petition and pro-I repeal the same,shall sub- ,
Brazoria,and'Harris and to the citycouncil shall be ' posed ordinance or resolu-1
Fort Bend -.Counties, mil it to popular vote as pro-
i sufficient if delivered to the I tion to the city council'at the I vided in section 6.13 of this
Texas. - '' councilmembers inperson, ', , next regular meeting. Upon h
9 9• P charter. Pending the hold- '
(a).The mayor-shall be or in the event of the inabili- ; I presentation to the city I ! ing of such election,such j
elected from the city at ty to locate said coun- ' council of.the petition and 1 ordinance or resolution shall I
large. The councilmembers cilmember within the City of , draft of the proposed ordi-;
shall.be elected from the Pearland,Texas,delivery of nance or resolution,it shall I be suspended from taking
city at large by positions% such,notice to his or her effect and shall not later
and shall be known as osi I become the duty of the city 1 take effect unless a majority 1
P home shall be sufficient. council within ten(10)days I of the qualified voters voting ;
lions 1,2,3,4 and 5: •,after receipt thereof,to pass thereon at such election
shall vote in favor thereof.
(b)The mayor shall be the Section 4.08.Department I I. and adopt such ordinance'
presiding officer of the city of Health and Sanitation. or resolution without alter-
council and shall be recog- ation as to meaning or RECOMMENDATION
nized as the head of the city j
� (c) Duties of the health effect in the opinion of the
government for all ceremo- authority: The city health filing petitionThe 2005 City of Pearland! Y persons the or
nial purposes and by the authority shall advise the s to call a special election,to' !
governor for purposes of d p Charter Review Commis
city manager on a program ' be held within thirty(30) I I slon recommends that the i
military law. The mayor of public health;shall coop- i days thereafter,at which'the ` City Council of the City of '
i shall be allowed to vote only : erate in the'preparation of ' voters of the Ci I`
I in case of a tie vote.- Thequalifiedty. Peadand.examine the need
sanitary code;shall cooper- of Pearland shall-vote on I to appoint another charter
mayor shall not be includ- ate with nearby cities on I the question of adopting or review commission in 2007
j. ed in any calculation of problems of health and san- ; ' rejecting the proposed legis- to consider the need to
Ithe number of votes need- • itation;shall cooperate with lotion, However, if any enlarge the number of city
ed for the city council to the commissioner's court of ,other municipal election is councilmembers and the
take any action authorized Brazoria,end Harris and to be held within sixty(60) need to have some council
r by this charter, except Fort Bend Counties,Texas days after the filing of the I positions elected from dis-
tricts,
j when the mayor is and its(their)agencies,and petition,the question may in light of the City's
allowed_to vote-In.the - with the state health depart- ` be voted on at such also--
P planned annexations and
1-case- vote.ievote.—_,—T I , ment and other departments tion:'No ordinance shall be the resulting shift of the
I of the state government in . proposed by an initiative , City's population center 1
Section 3.08. Meeting of
1 matters pertaining to health . , petition which is on the ? , toward the City's west side. 1
l the city council. , and sanitation. -; same subject as an ordi• , 1_,
I I nance so submitted and
Section 6.13.Initiative. .' defeated at an election held
__ `within the proceeding twelve
(12)months.
C lurtr
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
• Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. / Date -g 20
No. Date 20
No. Date 20
No. Date 20
No. Date 20
kAtflhAf !4J //L
FO
Subscribe andsworn to before me this dayof °'i'�
20PC
AWYetit, �auRa v�f ra Ann Emmons, Publisher
A:NiresE40941-09-2006
•
Notary PubliSt at t O NS
t• rE,,..* Commission rexajary Public, State of.Texas
�
r .
6
r_______. _._ —7 �,�
meetings may be held dur- days after the filing of the Commission recommends
' The inhabitants of the City ing the month as may be Qualified voters of the City petition,the question may that the City Council of the
of Pearland in Brazoria,and necessary for the transac of Pearland may initiate leg be voted on at such elec- City of Pearland examine
Harris and Fort Bend Lion of all business of the islation by submitting a peti- tion. No ordinance shall be the-need to appoint another
' Counties;Texas, within the city and its citizens. All tion addressed to the city proposed by an initiative charter review commission
corporate limits as now meetings shall be public, council which requests the petition which is on the in 2007 to consider the
established and as here- except where authorized by submission of a proposed same subject as an ordi-
nance need to enlarge the number _
after altered,shall continue law,and shall be held at the ordinance or resolution to a so submitted and of city councilmembers and
to be and are hereby consti- - city hall,provided;however, vote of the qualified voters defeated at an election held the need to have some
the city council may desig- of the city. Said petition within the proceedingcouncil positions elected
tuted a municipal body nate another place for such must be signed by qualified twelve from districts,in light a the
politic and corporate,in per- (12)months.
L petuity,;under the name meetings after publishing voters of the city equal in City's planned annexations
'CITY OF PEARLAND," the due notice thereof in number to of at least thirty Section 6.14.Referendum. and the resulting shift of the
hereinafter referred to as one(1)issue of the official (30)percent of the number City's population center
' the"city,"and having such newspaper of said city. The cast at the regular last Qualified voters of the City toward the City's west side. 1
city secretary, upon written municipal election of the of Pearland mayrequire powers, privileges, rights, q
•; duties and immunities as request of the mayor or any city, or one hundred fifty that any ordinance or reso
two councilmembers,shall (150) qualified voters, lution with the exception of
are hereih provided. whichever isgreater, and P
call special meetings of the ordinances or resolution
Section 3.01. Number tax
? city council, notice of special meetings shall ube shalch lhave yattached to of the tit a oion eVre reveing nues issuing
selection and term. passed
given to each member of• copy of the proposed legis by the city council be sub
The legislative and govern- the city council at least sev- lotion. The petition shall be milted to the voters of the
enty-two(72)hours before signed as provided in sec city for the voter disap
ing body of the city shall
the start of the meeting, lion 6.03 of this charter, proval,by submitting a peti-
which
consist of mayor and five(5) which said notice shall state The petition may consist of
council members and shall lion for this purpose within
Ibe known as the"city coun- the date for such meeting one (1)or more notarized thirty(30)days after final
cil of the Pearland,Brazoria, and the subject to be con- copies as permitted in sec passage of said ordinances I
sidered at such meeting, Lion 6.05 of this charter. or resolution or within thirty
and Harris and Fort Bend and no other subject shall Such petition shall be filed
,Counties,Texas." (30) days after is publics-
•be there considered except with the.person performing lion. Said petition shall be,
iel The mayor shall be with unanimous consent of the duties of city secretary. addressed, prepared,•
elected from the city at the city council. Said notice Within five(5)days after the signed and verified as
large. The councilmembers to the city council shall be filing of such petition,the required for petitions inttiot
shall be elected from the sufficient if delivered to the person performing the ,
,cityat large bypositions ing legislation,as;provided'
g councilmembers in person,' duties of city secretary shall in section 6.13 of this char
and shall be known as posi- • or in the event of the inabili- certify such petition or. ter and shall be submitted to
lions 1,2,3,4 and 5. ty to locate said coun- return same to petitioners. the person performing the
(b)The mayor shall be the cilmember within the City of After certification,the per- duties of.city secretary. '1;
presiding officer of the city Pearland,Texas,delivery of son performing the.duties of Immediately upon the filing 1
council and shall be ecog such notice to his or her. the city secretary shall pre of such petition, the city ,
{goed as the head of the city home shall be sufficient. sent said petition and pro secretary shall present said
;government for all ceremo- posed ordinance or resolu petition to the city council at
govl purposes and seby the Section 4.08.Department of tion to the city council at the the next regular meeting of
governor for purposes of Health and Sanitation. next regular meeting. Upon
military law. The mayor presentation to the city the city council. Thereupon
the city council shall imme- 1
shall be allowed to vote only (c) Duties of the health council of the petition and diately at the same meeting
in case of a tie vote. The draft of the proposed ordi-
or shall not be included authority: The thy health P P reconsider such ordinance
y authority shall advise the nance or resolution,it shall or resolution and if it does
in any calculation of the become the of the cityduty .not entirely repeal the '
ithe city council to take any of public health;shall coop after receuncil ipt in ten(10)to days same,shall submit it to pop-
• erate in the preparation of P passliter vote as provided in sec- i
—� . action authorized by this _ sanitary code;shall cooper- and adopt such ordinance lion 6.13 of this charter.
'Published June 8,2005 charter,except when the ate with nearby cities on or resolution without alter- Pending the holding of such
' __mayor is allowed to vote in problem's of health and san- ation as to meaning or election,such ordinance or •
2005 Proposed the case of a tie vote. Ration;shall cooperate with effect in•the opinion of the resolution shall be suspend-
Amendments *the commissioner's court of persons filing the petition or ed from taking effect and
2005 CITY OF PEARLAND Section 3.08. Meeting of to call a special election,to shall not later take effect '
CHARTER REVIEW the city council. Brazoria, and Harris and be held within thirty(30) unless a majority of the
COMMISSION'S Fort Bend Counties,Texas , days thereafter,at which the qualified voters voting there-
PROPOSED CHARTER The city council shall hold at and its(their)agencies,and qualified voters of the City on at such election shall
AMENDMENTS least two(2)regular meet- with the state health depart- vote in favor thereof.
AND RECOMMENDATION ings in each month at a time merit and other departments of Pearland shall vote on ,
to be fixed by said city of the state government in the question of adopting or
CHARTER AMENDMENTS council by ordinance or res- • matters pertaining to health rejecting the proposed legis- RECOMMENDATION
olution fixing the dates of and sanitation. latien. However, if any '
I
Section 1.02.Incorpora- such regular meetings. As other municipal election is The 2005 City of Pearland
_tion. many additional special___6.13.Initiative. to be held within sixty(60) Charter _ Reviewi