1978-04-03 CITY COUNCIL SPECIAL MEETING MINUTES186
MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
HELD ON APRIL 3, 1978, 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
Carlton McComb
Councilman
Dennis Frauenberger
Councilman
Harry Farley
Councilman
Terry Gray
Councilman
Morris Wilson
City Manager
William E. Wolff
City Attorney
Bobby J. Williams
City Secretary
Dorothy L. Cook
Also present: Mayor Elect Tom Reid and Councilwoman Elect Fran Coppinger.
PURPOSE OF THE MEETING:
CANVASS OF CITY OFFICERS' REGULAR/SPECIAL AND CHARTER AMENDMENT ELECTION HELD
ON APRIL 1, 1978:
Mayor McComb read the results of the Election which indicated the following:
TOTAL NUMBER OF BALLOTS 1395
CITY OFFICERS' ELECTION
MAYOR
Terry Gray 466
Tom Reid 896
COUNCIL POSITION 4 (Unexpired Term)
Carlton McComb 875
CHARTER AMENDMENT ELECTION
Proposition No. 1
For 186
Against 490
Proposition No. 4
For 923
Against 150
COUNCIL POSITION 3
Fran Coppinger 803
Benny Frank 137
Charles Mack 415
Proposition No. 2
For 677
Against 370
Proposition No. 5
For 827
Against 175
The following Resolution was introduced:
Proposition No. 3
For 895
Against 167
RESOLUTION NO. R78-9
A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF
PEARLAND, TEXAS, ON APRIL 1, 1978.
On this the 3rd day of April, 1978, the City Council of the City of
Pearland, Texas, convened in Special session open to the public at the regular
meeting place thereof with the following members present, to -wit:
Carlton McComb
Dennis Frauenberger
Harry Farley
Terry Gray
Vacant
Morris Wilson
Dorothy L. Cook
Mayor
Council Position One
Council Position Two
Council Position Three
Council Position Four
Council Position Five
City Secretary/Clerk
and the following absent: None, constituting a quorum, and among other proceedings
had were the following:
Councilman Farley introduced a resolution and order and moved its adoption.
The motion was seconded by Councilman Gray, and the motion carried with the
adoption of the resolution and order prevailed by the following vote,
AYES: Councilman Frauenberger, Councilman Farley, Councilman Gray, and
Councilman Wilson. NAYS: None
The resolution is as follows:
WHEREAS, there was held in the City of Pearland, Texas, on the 1st day of
April, 1978, a Regular and Special Municipal Election at which the
filling of the offices of Mayor and City Council Position Number Three (3) and
the Unexpired Term of Council Position Number Four (4) were submitted to a vote
of the duly qualified resident electors of said City, and at which Five (5)
proposed Amendments to the Home Rule Charter of the City of Pearland, Texas,
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 3, 1978, 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
appearing from said returns, duly and legally made, that there were cast at said
election 1,395 valid and legal votes; and that said election resulted in the
following vote totals.
FOR MAYOR
NAME OF CANDIDATE NUMBER OF VOTES RECEIVED
TERRY GRAY 466
TOM REID 896
FOR COUNCIL POSITION NO. THREE
FRAN COPPINGER 803
BENNY FRANK 137
CHARLES MACK 415
FOR COUNCIL POSITION NO. FOUR
(Unexpired Term)
CARLTON MC COMB 875
PROPOSED CHARTER AMENDMENTS
AMENDMENT
OF
ARTICLE
3,
SECTION
3.01 (e)
FOR
186
AGAINST
490
AMENDMENT
OF
ARTICLE
3,
SECTION
3.10
FOR
677
AGAINST
370
AMENDMENT
OF
ARTICLE
4,
SECTION
4.11
FOR
895
AGAINST
167
AMENDMENT
OF
ARTICLE
4,
SECTION
4.12
FOR
923
AGAINST
150,
AMENDMENT
OF
ARTICLE
7,
SECTION
7.03
FOR
827.
AGAINST
175
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 1, 1978, within the City of Pearland, Texas,
and that the candidate elected for Mayor is declared to be Tom Reid, and that the
candidate elected for Council Position Three is declared to be Fran Coppinger,
and the candidate elected for Council Position Four (Unexpired Term) is Carlton
McComb, 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.
HE
Section III.
The City Council of the City of Pearland, Texas, hereby officially declares
that the Amendment to Article 3, Section 3.01 (e) of the Home Rule Charter failed
and that this section remains unchanged, as a result of this election.
Section IV.
The City Council of the City of Pearland, Texas, hereby officially and
affirmatively declares the adoption of the following Amendments to the Home Rule
Charter of the City of Pearland, as a result of said Election and that the
following Articles so adopted shall hereafter read as follows:
ARTICLE 3, SECTION 3.10 - PROCEDURE FOR
PASSING ORDINANCES:
Every ordinance shall be introduced in written or printed form, and upon
passage, shall take effect at the time indicated therein, provided that any
ordinance imposing a penalty, fine or forfeiture for a violation of its provisions
shall become effective not less than ten days from its publication in the official
city newspaper of the City of Pearland. The City Secretary shall give notice of
the passage of every ordinance imposing a penalty, fine or forfeiture for a
violation of the provisions thereof, by causing the caption or title, including
the penalty, of any such ordinance to be published in the official newspaper of
the City of Pearland at least once within ten (10) days after the passage of said
ordinance. He shall note on every ordinance the caption of which is hereby
required to be published and on the record thereof, the fact that the same has
been published as required by this Charter and date of such publication, which
shall be prima facie evidence of the legal publication and promulgation of such
ordinance, provided that the provisions of this section shall not apply to the
correction, amendment, revision and modification of the ordinances of the City
for publication in book or pamphlet form. Except as otherwise provided by this
Charter, it shall be necessary to the validity of any ordinance that it shall be
read and considered at two regular sessions of the City Council.
The reading aloud of the title and caption of the ordinance shall suffice
as a reading, provided printed copies of the ordinances, in the form required
for adoption, are available to all members of the City Council and a reasonable
number of additional copies are available to all interested citizens present at
the session. Ordinances may be read in their entirety at the discretion of a
majority of the City Council.
Every ordinance shall be authenticated by the signature of the Mayor and
City Secretary and shall be systematically recorded and indexed in an ordinance
book in a manner approved by the Council. It shall only be necessary to record
the caption or title of ordinances in the minutes or journal of Council meetings.
The City Council shall have power to cause the ordinances of the City to be
corrected, amended, revised, modified and printed in code form as often as the
Council deems advisable, and such printed code, when adopted by the Council,
shall be in full force and effect. Such printed code shall be admitted in
evidence in all courts and places without further proof.
ARTICLE 4, SECTION 4.11 - DEPARTMENT OF
PUBLIC SAFETY:
The City Council shall appoint a Safety Department which shall be an advisory
coordinating committee in the matter of public safety. The Safety Department
shall consist of the Chiefs of Police and Fire, City Health Officer, the
Superintendent of Schools, the Head of Civil Defense, an industrial representative,
a member of the Public Works Department and six laymen to coordinate all City
safety, industrial, vehicular and school pedestrian traffic.
ARTICLE 4, SECTION 4.12 - DEPARTMENT OF
PARKS, RECREATION, AND BEAUTIFICATION:
The City Council shall appoint an advisory park, recreation, and beautification
board. The advisory park, recreation, and beautification board shall study the
recreation, park facilities, and beautification programs of the City and shall
confer with the City Manager and advise him with respect to the development and
use of the City's parks, the recreation programs and City beautification. The
advisory park, recreation, and beautification board shall recommend to the City
Council rules for the use of parks, public grounds, and recreation facilities
consistent with the ordinances of the City and the statutes of the State of Texas
and appropriate programs for the beautification of the City.
ARTICLE 7, SECTION 7.03 - PLATTING OF
PROPERTY:
(a) Hereafter, every owner of qny tract of land situated within the
corporate limits of the City of Pearland or its extraterritorial zones, who may
divide the same in two or more parts for the purpose of laying out any subdivision
or any addition to the City shall comply with all applicable provisions contained
in the Code of Ordinances of the City, as adopted or hereafter amended.
Section V.
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 of 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.
PASSED, ADOPTED and APPROVED this the 3 day of April, A. D., 1978.
CITY OF PEARLAND, TEXAS
By: s/Carlton McComb
Mayor
ATTEST:
s/Dorothy L. Cook
Dorothy L. Cook, City Secretary
MEETING RECESSED AT 8:00 P.M. - RECONVENED AT 8:20 P.M.
APPOINTMENT OF COMMITTEE ON WRECKER ORDINANCE:
Mayor Tom Reid appointed a Committee to work with the wrecker owners on the
.—• proposed wrecker ordinance:
Councilwoman Coppinger and Councilman Frauenberger
The above committee is to work with the City Manager, Chief of Police and the
wrecker owners on this project.
CALL OF WORKSHOP MEETING:
Mayor Reid called for a workshop meeting at 9:30 A.M., Saturday, April 8, 1978,
to discuss the proposed bond issue and the swimming pool and service center.
ADJOURN:
Meeting adjourned at 8:25 P.M.
Minutes approved as submitted and/or corrected this the /o day of
A. D., 1978.
ayor
ATTEST:
ity Secretary