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R2002-0147 09-17-02RESOLUTION NO. R2002-147 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD IN THE CITY OF PEARLAND, TEXAS, ON SEPTEMBER 14, 2002. WHEREAS, there was held in the City of Pearland, Texas, on the 14th day of September, 2002, a Special Election for three (3) proposed Charter Amendments and for a local option election to legalize the sale of mixed beverages in restaurants by food and beverage certificate holders only were submitted to a vote of the duly qualified resident electors of said City. WHEREAS, at this Special Meeting of the City Council of the City of Pearland, on September 17, 2002, 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 1693 valid and legal votes; and that said election resulted in the following vote totals: RESOLUTION NO. 2002-147 AMENDING SECTION 4.07 PROPOSED CHARTER AMENDMENTS AMENDMENT NO. 1 FOR AGAINST 1,336 89.97% 149 10.03 % 1,485 100.00 % AMENDING SECTION 10.07 AMENDMENT NO. 2 FOR AGAINST AMENDING SECTION 10.15 AMENDMENT NO. 3 FOR AGAINST LOCAL OPTION ELECTION TO LEGALIZE The legal sale of mixed beverages in restaurants FOR by food and beverage certificate holders only. AGAINST SECTION II. 1,399 92.16% 119 7.84% 1,518 100,00% 1,138 75.07% 378 24.93% 1,516 100.00% 1,219 72.47% 463 27.53% 1,682 100.00% The City Council of the City of Pearland, Texas, hereby officially and affirmatively declares that Amendment Numbers 1__ through --3 passed (attached hereto as Exhibit ("A") to the Home Rule Charter of the City of Pearland and presented to the duly qualified voters of the City of Pearland as a result of said election. SECTION III. The City Council of the City of Pearland, Texas, hereby officially and affirmatively declares that the Local Option Election to legalize the legal sale of mixed beverages in 2 RESOLUTION NO. 2002-147 restaurants by food and beverage certificate holders only. (attached hereto as Exhibit "A") passed as presented to the duly qualified voters of the City of Pearland as a result of said election. SECTION IV. The following Exhibits A, B, C, D, E, & F (Election Results) are attached hereto and made a part hereof by reference. PASSED, APPROVED, September , A. D., 2002. ATTEST: g APPROVED AS TO FORM: Darrin M. Coker City Attorney ADOPTED, and ORDERED this 17 day of Tom Reid Mayor 3 ACCUMULATED TOTALS-CITY OF PEARLAND 22:31:21 14-Sep-2002 CITY OF PEARLAND SPECIAL ELECTION SEPTEMBER 14, 2002 Precincts Counted - TOTAL Ballots Cast - TOTAL ....... Page 1 Total Pct 4 100.00 1,693 SPECIAL ELECTION ~24ENDMENT #i-THIS AMENDMENT CLARIFIES THAT THE CITY ATTORNEY ANSWERS DIRECTLY TO THE CITY COUNCIL FOR ............ 1,336 AGAINST .......... 149 Total .......... 1,485 0vervotes ......... 1 Undervotes ........ 207 89.97 10.03 100.00 AMENDMENT #2-REQUIRES OFFICER & EMPLOYEE OF CITY ~TO COMPLY WITH STATE LAW-REF:INTEREST IN CITY CONTRACTS FOR ......... 1,399 AGAINST .......... 119 Total .......... 1,518 Overvotes .......... 0 Undervotes ......... 175 92.16 7.84 100.00 AMENDMENT #3-MODIFIES THE INTERVALS OF CONVENING THE CHARTER REVIEW COMMISSION FOR 2 TO 4 YRS FOR AGAINST .......... Total Overvotes. ......... Undervotes 1,138 378 1,516 0 177 75.07 24.93 100.00 LEGALIZE THE SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD A/FD BEVERAGE CERTIFICATE HOLDERS ONLY FOR_ ......... 1,219 AGAINST' . ........ 463 Total ......... 1,682 Overvotes . ......... 2 Undervotes ....... 9 72.47 27.53 100.00 We, the undersigned, certify that the above results are true and correct. Signed: · ~' ........ 0046 MELVIN KNAPP ACTIVITY BLDG Page 1 22:30:43 14-Sep-2002 CITY OF PEARLAND SPECIAL ELECTION SEPTEMBER 14, 2002 Posn Count Pct Ballots Cast - TOTAL ....... 763 SPECIAL ELECTION AMENDMENT #i-THIS AMENDMENT CLARIFIES THAT THE CITY ATTORNEY ANSWERS DIRECTLY TO THE CITY COUNCIL FOR ............ 18 591 AGAINST .......... 19 65 Total ....... 656 Overvotes ....... 1 Undervotes ...... 106 AMENDMENT #2-REQUIRES OFFICER & EMPLOYEE OF CITY TO COMPLY WITH STATE LAW-REF:INTEREST IN CITY CONTRACTS FOR ......... 37 607 AGAINST' . ......... 38 64 Total ......... 671 Overvotes· ......... 0 Undervotes ......... 92 AMENDMENT #3-MODIFIES THE INTERVALS CHARTER REVIEW COMMISSION FOR 2 TO 4 YRS FOR ....... 53 504 AGAINST ....... 54 173 Total ....... 677 Overvotes. ..... 0 Undervotes ..... 86 OF CONVENING THE 90.09 9.91 100.00 90.46 9.54 100.00 74.45 25.55 100.00 LEGALIZE THE SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY FOR_ ....... 62 544 AGAINST' . ...... 63 217 Total ....... 761 Overvotes. ..... 0 Undervotes ......... 2 We, the undersigned, certify that the above results are true and correct. 71.48 28.52 100.00 0026 EPIPHANY LUTHER3kN CHURCH Page 1 22:28:51 14-Sep-2002 CITY OF PEARLAND SPECIAL ELECTION SEPTEMBER 14, 2002 Posn Count Pct Ballots Cast - TOTAL ....... 513 SPECIAL ELECTION AMENDMENT #i-THIS AMENDMENT CLARIFIES THAT THE CITY ATTORNEY ANSWERS DIRECTLY TO THE CITY COUNCIL FOR ............ 18 406 AGAINST .......... 19 53 Total .......... 459 Overvotes .......... 0 Undervotes ......... 54 AMENDMENT #2-REQUIRES OFFICER & EMPLOYEE OF CITY TO COMPLY WITH STATE LAW-REF:INTEREST IN CITY CONTRACTS FOR ............ 37 433 AGAINST .......... 38 32 Total .......... 465 0vervotes .......... 0 Undervotes ......... 48 AMENDMENT #3-MODIFIES THE INTERVALS OF CONVENING THE CHARTER REVIEW COMMISSION FOR 2 TO 4 YRS FOR ............ 53 332 AGAINST .......... 54 126 Total .......... 458 Overvotes. ......... 0 Undervotes ........ 55 LEGALIZE THE SALE OF MIXED BEVERAGES FOOD kND BEVERAGE CERTIFICATE HOLDERS ONLY FOR 62 349 AGAINST' [ [ [ [ [ [ [ [ [ [ 63 158 Total ....... 507 0vervotes ....... 2 Undervotes ...... 4 IN RESTAURANTS BY We, the undersigned, certify that the above results are true and correct. Signed: 88.45 11.55 100.00 93.12 6.88 100.00 72.49 27.51 100.00 68.84 31.16 100.00 EARLY VOTING TOTALS-CITY OF PEARLAND 22:23:35 14-Sep-2002 CITY OF PEARLAND SPECIAL ELECTION SEPTEMBER 14, 2002 Precincts Counted - TOTAL ..... Ballots Cast - TOTAL Page 1 Total Pct 2 50.00 417 SPECIAL ELECTION AMENDMENT #i-THIS AMENDMENT CLARIFIES THAT THE CITY ATTORNEY ANSWERS DIRECTLY TO THE CITY COUNCIL FOR 339 AGAINST .......... 31 Total .......... 370 Overvotes .......... 0 Undervotes ....... 47 91.62 8.38 100.00 AMENDMENT #2-REQUIRES OFFICER & EMPLOYEE OF CITY TO COMPLY WITH STATE LAW-REF:INTEREST IN CITY CONTRACTS FOR ............ 359 AGAINST .......... 23 Total .......... 382 Overvotes .......... 0 Undervotes ......... 35 93.98 6.02 100.00 AMENDMENT #3-MODIFIES THE INTERVALS OF CONVENING THE CHARTER REVIEW COMMISSION FOR 2 TO 4 YRS FOR ............ AGAINST .......... Total Overvotes .......... Undervotes ......... 302 79 381 0 36 79.27 20.73 100.00 LEGALIZE THE FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY FOR ............ AGAINST .......... Total Overvotes .......... Undervotes ......... SALE OF MIXED BEVERAGES IN RESTAURANTS BY 326 88 414 0 3 78.74 21.26 100.00 We, the undersigned, certify that the above results are true and correct. Signed: 0526 EARLY VOTING-EPIPHANY CHURCH Page 1 22:21:03 14-Sep-2002 CITY OF PEARLAND SPECIAL ELECTION SEPTEMBER 14, 2002 POSh Count Pct Ballots Cast TOTAL ....... 179 SPECIAL ELECTION AMENDMENT #i-THIS AMENDMENT CLARIFIES THAT THE CITY ATTORNEY ANSWERS DIRECTLY TO THE CITY COUNCIL FOR ............ 18 148 AGAINST .......... 19 16 Total .......... 164 Overvotes .......... 0 Undervotes ......... 15 AMENDMENT #2-REQUIRES OFFICER & EMPLOYEE OF CITY TO COMPLY WITH STATE LAW-REF:INTEREST IN CITY CONTgACTS FOR ............ 37 153 AGAINST .......... 38 16 Total .......... 169 Overvotes .......... 0 Undervotes ......... 10 AMENDMENT #3-MODIFIES THE INTERVALS OF CONVENING THE CHARTER REVIEW COMMISSION FOR 2 TO 4 YRS FOR ............ 53 126 AGAINST ......... 54 41 Total ...... .. . . 167 Overvotes .......... 0 Undervotes ...... 12 90.24 9.76 100.00 90.53 9.47 100.00 75.45 24.55 100.00 LEGALIZE THE SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY FOR_ ......... 62 141 AGAINST' . ........ 63 38 Total .......... 179 Overvotes .......... 0 Undervotes ......... 0 We, the undersigned, certify that the above results are true and correct. Signed: 78.77 21.23 100.00 0546 EARLY VOTING-MELVIN KNAPP BLDG Page 1 22:22:01 14-Sep-2002 CITY OF PEARLAND SPECIAL ELECTION SEPTEMBER 14, 2002 Posh Count Pct Ballots Cast - TOTAL ....... 238 SPECIAL ELECTION AMENDMENT #i-THIS AMENDMENT CLARIFIES THAT THE CITY ATTORNEY ANSWERS DIRECTLY TO THE CITY COUNCIL FOR ............ 18 191 AGAINST .......... 19 15 Total .......... 206 Overvotes .......... 0 Undervotes ......... 32 AMENDMENT #2-REQUIRES OFFICER & EMPLOYEE OF CITY TO COMPLY WITH STATE LAW-REF:INTEREST IN CITY CONTRACTS FOR ............ 37 206 AGAINST .......... 38 7 Total .......... 213 Overvotes .......... 0 Undervotes ......... 25 THE INTERVALS OF CONVENING THE AMENDMENT #3-MODIFIES CHARTER REVIEW COMMISSION FOR 2 TO 4 YRS FOR ............ 53 176 AGAINST .......... 54 38 Total .......... 214 Overvotes .......... 0 Undervotes ......... 24 LEGALIZE THE SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY FOR ......... 62 185 AGAINST' . ........ 63 50 Total ......... 235 Overvotes .......... 0 Undervotes ......... 3 We, the undersigned, certify that the above results are true and correct. Signed: 92.72 7.28 100.00 96.71 3.29 100.00 82.24 17.76 100.00 78.72 21.28 100.00