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1974-04-15 CITY COUNCIL SPECIAL MEETING MINUTESMi F MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS'p HELD ON APRIL 15 1974, 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 Cecil W. Griffin Councilman Harry Farley Councilman Gene E. Sanders (Entered 7:55 P. M.) i Councilman Tom Reid Councilman Benny J. Frank City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook INVOCATION & PLEDGE: Invocation given by Rev. Art Jones. Pledge led by Laura..R. Dougherty. ELECTION CANVASS - APRIL 6, 1974 CITY OFFICERS' AND CHARTER AMENDMENT'ELECTION: SUMMARY OF RECHECK: RECHECK MADE AS REQUESTED BY LAURA R. DOUGHERTY ON APRIL 10, 1974, AT 3:00 P. M. IN ANGLETON, TEXAS WITH THE FOLLOWING PRESENT; DISTRICT JUDGE.FERGUSONO COUNTr JUDGK.ARNOLD�. COUNTY CLERK HERBERT STEVENS, J. C. MCNEIL"IV AND THREE VOTING MACHINE TECHNICIANS, MAYOR CARLTON MC COMB, COUNCILMAN HARRY FARLEY, COUNCILMAN BENNY FRANK, CITY ATTORNEY BOBBY WILLIAMS, CITY SECRETARY DOROTHY COOK, LAURA R. DOUGHERTY,AND BUNNY AUDEL OF THE NEWS. A RECHECK AND COMPARISON OF THE OFFICIAL RETURNS MADE IN ACCORDANCE WITH ARTICLE 7.14 OF THE TEXAS ELECTION CODE. IT WAS FOUND THAT THE 16 VOTE DIFFERENTIAL WAS CAUSED BY AN IMPROPER SETTING OF THE VOTING MACHINES PRIOR TO USE BY THE GENERAL 'VOTING PUBLIC AND HAD NO MATERIAL EFFECT ON THE RESULTS OF THE ELECTION IN AS FAR AS'MAJORITY 'CAST AND RECEIVED BY EACH CANDIDATE. PUBLIC COUNTER ON MACHINE NO. 77528 INDICATED 238 VOTES, PUBLIC COUNTER ON MACHINE NO. 77529 INDICATED 370 VOTES. CANVASS BY THE COUNCIL: MAYOR MC COMB READ THE FOLLOWING: STATEMENT OF CANVASS AND ELECTION RETURN FOR CITY OFFICERS' AND CHARTER AMENDMENT ELECTION HELD ON THE 6TH DAY OF APRIL, 1974, IN PRECINCT NOS. HARRIS COUNTY No. 417, BRAZORIA COUNTY NOS 11, 12, 16, 26 AND 28. TOTAL NUMBER OF VOTES CAST 608 Voting Machine 77528 CHARTER AMENDMENTS: FOR AGAINST Amendment of Article 5, Section 161 18 5.05 Ballots, by substitution of the word "Position" in place of the word "Place" where said words appear in Article . Amendment of Article 8, Section 121 8.17, Purchase Procedure, by increasing City Manager's authority to contract for expenditures of budgeted items from ONE THOUSAND to TWO THOUSAND DOLLARS. Amendment of Article 10, Section 139 10.15 (a) duties of the Commission by adding to Subsection (4) a provision whereby the report of the Charter Commission will be delivered to the City Attorney for review prior to final presentation to the City Council. 61 36 Voting Machin77529 TOTAL FOR AGAINST FOR AGAINST 208 36 369 163 92 284 206 41 345 54 153 j 77 CITY OFFICERS' COUNCILMAN POSITION/PLACE 1 CECIL W. GRIFFIN COUNCILMAN POSITION/PLACE 5 LAURA R. DOUGHERTY BENNY J. FRANK Voting Machine 77528 187 85 162 Voting Machine 77529 TOTAL 299 486 159 244 218 380 Certified by: Josie Heflin, Presiding Officer; Mrs. Jack Miller, Assistant Presiding Officer; Mrs. Mary Kliesing, Clerk, Myrtle McCormack, Clerk, and Mrs. C. W. Massey, Jr., Clerk. Councilman Farley introduced Resolution 74-7 and Order and read the same in its entirety. It was moved by Councilman Farley, seconded by Councilman Reid that Resolution No. 74-7 and Order be passed and approved on first and final reading. Said Ordinance No. 74-7 and Order reads in caption as follows: RESOLUTION NO. 74-7 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 6, 1974. "! Voting "aye" - Councilman Farley, Councilman Griffin, Councilman Reid and Councilman Frank. Voting "no" - None Motion passed 4 to 0. Councilman Sanders not present at this time. Mayor McComb issued Certificates of Election to Cecil W. Griffin for Councilman Position 1 and Benny J. Frank for Councilman Position 5, and administered the Oath of Office to the newly elected Councilmen. FIRST AND FINAL READING OF RESOLUTION NO. 74-9A, A RESOLUTION AUTHORIZING $2,500.00 FOR KNAPP ROAD RAILROAD WARNING SIGNAL INSTALLATION AND EXPRESSLY REPEALING "-RESOLUTION NO. 74-9: Resolution No. 74-9A read in full by Mayor McComb. This resolution issued to replace 74-9 previously passed indicating federal funds would be used for the crossing, however, the State Highway Department advised that'State-funds -would be used for the crossing. It was moved by Councilman Griffin, seconded by Councilman Frank that Resolution No. 74-9A be passed and approved on first and final reading. Said Resolution No. 74-9A reads in caption as follows: RESOLUTION NO. 74-9A A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE EXPENDITURE OF $2,500.00 FOR PARTICIPATION IN COST OF RAILROAD WARNING SIGNAL INSTALLATION ON KNAPP ROAD AND EXPRESSLY REPEALING RESOLUTION NO. 74-9 PREVIOUSLY ADOPTED ON APRIL 8, 1974. Voting "aye" - Councilman Farley, Councilman Sanders, Councilman Griffin, Councilman Reid and Councilman Frank. Voting "no" - None Motion passed 5 to 0. 0 ADJOURN: Meeting adjourned at 8:02 P. M. Minutes approved as submitted and/or corrected this the day of A. D. 1974. w Mayor ATTEST: City Secretary