1987-04-06 CITY COUNCIL SPECIAL MEETING MINUTES••
MLNUTIES OF A SPECIAL MEETING OF TtE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD
ON APRIL 6, 1987, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND,
TEXAS
The meeting was called to order with the following present:
Mayor
Tom Reid
Councilmember/Mayor Pro Tem Dennis Frauenberger
Councilmember Charles Mack
Councilmember James Bost
Councilmember Richard Tetens
Councilmember Stella Roberts
City Manager Ronald J. Wicker
City Attorney Luke L. Daniel
City Secretary Kay Krouse
Mayor Tom Reid announced he wished to avoid any conflict of interest or appearance
thereof, and in doing so, he turned the meeting over to Mayor Pro Tem Dennis
Frauenberger and left the Chambers.
IZi I IC1�1,�`1 �.I DE6101 DOW ff
CANVASS OF REl'XW OF CITY OFFICERS' ELZCTION HELD ON APRIL 4, 1987
Mayor Pro Tem Frauenberger stated the Council will canvass the votes of the election
held on April 4 for the position of Mayor and position of Councilmember Number Three.
The election results, as certified by the Presiding Judge of the Central Counting
Station, were available for Council review, as well as the unused ballots, and the
signature list of all the voters. Mayor Pro Tem Frauenberger stated there seemed to
be some controversy over some 50 ballots not accounted for immediately at the
Counting Station and called on the Presiding Judge of the election, Jack Farmer, to
explain the matter.
Jack Farmer remarked that to set the record straight, there are no missing ballots.
He explained that the signatures on the sign -in poll list were counted today; the
unused ballots were counted; the voted ballots were run through tabulation twice by
the Counting Station officials and came out with the same numbers. Mr. Farmer stated
that the number of ballots he certified to the Counting Station does not agree with
the total they ran by a balance of 50 ballots. He explained the City Secretary, in
manning out of ballots for the absentee voting, removed 25 ballots from a box that
was to be used in the regular election and then issued to him a total of 2475 ballots
for the election. Upon completing his Register of Official Ballots, the number of
ballots received was inadvertently recorded as 2525 instead of 2475; thereby causing
the miscalculation of 50 ballots. Mr. Farmer presented the following as actual
figures of the election:
NO. OF BALLOTS RECEIVED 2,650*
Absentee - 175
Regular - 2475
NO. OF BALLOTS VOTED (As shown by
signatures on list) 2,413
Absentee - 169
Regular - 2244
NO. OF UNUSED BALLOTS 237
Absentee - 6
Regular - 231
TOTAL NO. OF BALLOTS ACCOUNTED FOR: 2,650*
16.2423—Notice of Special or Regular Meeting of Governing Body of City or Town and Returns—Class 3 (975) (D Hart Graphics, Austin, Texas
NOTICE OF MEETING OF THE
GOVERNING BODY OF
CITY OF PEARLAND, TEXAS
(Name of City or Town)
Notice is hereby given that a Spec,%a.L and Wo&kzhop meeting of the governing body of the above
(Special or Regular)
named City or Town will be held on the —.L— day of ApA, 2 , 19_L7, at 7: 3 0 P. M.
in the City Hall at 2335 N. Texa6 Avenue, PeaA,2and
Texas, at which time the following subjects will be discussed, to -wit:
(SEE AGENDA ATTACHED)
AGENDA - SPECIAL MEETING OF THE CITY COUNCIL OF THE: CITY OF PEARLAND TEXAS TO BE HELD
N APRIL 6, 1987, AT 7:30 P. M. IN THF CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS
1. CALL TO ORDER
11. PURPOSE: OF THE MA=TING:
1. CANVASS OF RETURNS OF CITY OFFICERS' ELECTION HELD ON APRIL 4, 1987
2. CONSIDERATION AND POSSIBLE: ACTION:
(a) RESOLUTION NO. R87-11, A RESOLUTION CANVASSING THE RETURNS
AND DECLARING THE RESULTS OF CITY OFFICERS' ELECTION.
(b) CERTIFICATE OF ELECTION TO NEWLY ELECTED OFFICIALS
(c) OATH OF OFFICE TO NEWLY ELECTED OFFICIALS
3. CONSIDERATION AND POSSIBLE ACTION - CALL OF PUBLIC HEARING ON REQUEST
BY ENTER FOR RATE INCREASE.
III. ADJOURN
FOLLOWING ADJOURNMENT OF SPECIAL MEETING, THERE WILL BE A JOINT WORKSHOP BETWEEN
MEMBERS OF THE CITY COUNCIL, PLANNING AND ZONING COMMISSION AND SIGN ORDINANCE REVIEW
COMMITTEE ON THE PROPOSED SIGN ORDINANCE, AT APPROXIMATELY 8:00 P.M.
SUPPLEMENTAL AGENDA - SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS., APRIL G, 1987
ITEM UNDER CANVASS OF RETURNS OF CITY OFFICERS' ELECTION:
(a) ADDRESS TO COUNCIL BY CANDIDATE D. A. MILLER, JR. AND/OR
LEGAL COUNSEL.
POSTED AS AN EMERGENCY ITEM AT 4:29 P.M. BY KAY KROUSE, CITY SECRETARY, ON
MONDAY, APRIL G, 1987.
NU
The total number of ballots as certified by the Presiding Judge of the Central
Counting Station was 2410.
Mr. Jim Coates, representing Candidate D. A. Miller, Jr., questioned Mr. Farmer about
the apparent three ballots not accounted for. Mr. Farmer stated that one was a
curbside vote, voted in absentee, which was placed in two envelopes and then was
inadvertently not counted at the Counting Station.
CANVASS OF RETURNS (Continued)
Council took some time in examining the actual signature sheets for the election.
Also provided for Council review was a tally sheet of each page of the signatures for
all precincts and a list by precinct of the total number of signatures.
Mayor Pro Tem Frauenberger recapped the totals of ballots received, ballots voted,
both absentee and regular, total accounted for at Counting Station, and he counted
237 unused ballots.
When questioned by Mayor Pro Tem Frauenberger, Janice Evans, the Presiding Judge of
the Central Counting Station, remarked that it is not uncommon for a voter to sign
the register, vote the ballot, and then put the ballot in their pocket and walk out
of the polling place. She said that in counting as many elections as they have, a
two -ballot off, as in an election this size, they would not even question, because
you have to allow for certain people who are out to prove the system wrong. Too,
there are some people who sign the register and then walk out without voting the
ballot. Mrs. Evans stated she was present when the 2410 ballots were run through
both times and each time they were run on a different tabulating machine. Dolly
Bailey, County Clerk, stated she also was present and when the ballots were counted
and when they had time to think about the problem, they assumed it was probably a
clerical error. In answer to a question by City Attorney Luke Daniel about the
curbside voted ballot, Ms. Bailey responded that at the counter where the absentee
ballots were checked, the envelope with the voted ballot was not put in the proper
place and because of the oversight, it was not counted.
Mayor Pro Tem Frauenberger read the voting results tabulated by the machines in
Angleton; those being the Absentee, South Grand Activity Center Building and
Cumulative, for each of the candidates.
Attorney Jim Coats questioned Jack Farmer about the ballot boxes.
RE SOU"ION NO. R87-11, A RESOLUTION CANVASSIW. THE RETURNS AND D ECZARIW. THE HOOTS
OF CITY OFFICERS' ELECTION HEia ON APRIL 4, 1987
Resolution No. R87-11 read in its entirety by City Attorney Luke Daniel.
It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that
Resolution No. R87-11 be passed, approved and adopted on the first and only reading.
Said Resolution No. R87-11 reads as follows:
RESOLUTION NO. R87-11
A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAM,
TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE
MUNICIPAL ELECTIONS HELD IN THE CITY OF PEARLAND, TEXAS, ON APRIL
4, 1987.
On this the 6th day of April, 1987, the City Council of the City of
Pearland, Texas, convened in Regular Session open to the public at the regular
meeting place thereof with the following members present, to wit:
Councilmember Mack
Councilmember Bost
Councilmember Frauenberger
Councilmember Tetens
Councilmember Roberts
and the following absent: Mayor Tom Reid constituting a quorum, and among
100
other proceedings had were the following:
Councilmember Tetens introduced a Resolution and Order and moved its
adoption. The motion was seconded by Councilmember Roberts, and the motion carried
with the adoption of the Resolution and Order prevailed by the following vote:
AYES: Councilmembers Roberts, Tetens, Frauenberger, Bost, and Mack. NAYS: None
The Resolution is as follows:
WHEREAS, there was held in the City of Pearland, Texas, on the 4th day of
April, 1987, a Regular City Officers' Election at which the filling of the offices of
the Mayor and City Council, Position No. Three (3) 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 6, 1987, 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 appeared
from said returns, duly and legally made, that there were cast at such election
2410 valid and legal votes; and that said election resulted in the following vote
totals:
ffu 1 II 1/
D. A. MILLER, JR. 1170
TOM REID 1220
14)4wy ID I:ill' ♦i I .6_ C I:iDI' 1.1p1
JAMES E. BOST 1256
JEANNE BALDWIN 598
MORRIS WILSON 408
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 4, 1987, within the City of Pearland, Texas, that the
candidate elected for Mayor is declared to be Tom Reid and that the candi-
date elected for Member of the Council Position Number Three is declared to be
James E. Bost 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.
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.
101
Section IV.
The following Exhibits A, B and C (Election Results) are attached hereto and
made a part hereof by reference.
PASSED, APPROVED and ADOPTED this the 6th day of April, A. D., 1987.
/s/ Dennis Frauenberger
Mayor Pro Tem
ATTEST:
/s/ Kay Krouse
City Secretary
APPROVED AS TO FORM:
/s/ Luke L. Daniel
City Attorney
Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember
Frauenberger, Councilmember Bost, and Councilmember Mack.
Voting "No" - None.
Motion passed 5 to 0.
Mayor Pro Tem Frauenberger administered the Oath of Office to Councilmember James
Bost.
CALL OF PUBLIC HEARING ON REQUEST BY EN TEX FOR RATE INCREASE
It was moved by Councilmember Roberts, seconded by Councilmember Bost, that a Public
Hearing be called on request by Entex for rate increase; and the hearing be held
under Docketed Public Hearings of the Regular Agenda for the April 27, 1987 Council
Meeting.
Motion passed 5 to 0.
ADJOURN
The meeting adjourned at 8:46 P. M.
Minutes approved as submitted and/or corre
A. D., 1987.
ATTEST:
~Ass • City Secretary