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HomeMy WebLinkAboutR2026-028 20260209RESOLUTION NO. R2026-28 A Resolution of the City Council of the City of Pearland, Texas, accepting the Office of City Secretary’s determination that a Petition for the adoption of the Fire Fighters’ Civil Service Law for the Pearland Fire Department, pursuant to Chapter 143 of the Texas Local Government Code, has met the signature requirements of the Texas Election Code (“Code”) and accepting the results of the petition into the City’s official record. WHEREAS, on January 5, 2026, a petition requesting an election under Section 143.004, Texas Local Government Code, was filed with the City Secretary; and WHEREAS, the petition consisted of seventy-nine (79) pages containing seven hundred twenty-four (724) signatures; and WHEREAS, pursuant to Section 143.004, a municipality is required to order an election if it receives a petition signed by a number of qualified voters of the municipality equal to at least ten percent (10%) of the voters who voted in the most recent municipal election at which voters cast ballots; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS; Section 1. The City Secretary determined the petition contains more valid signatures (444) than the required 415 valid signatures and has determined and certified that the petition meets and exceeds the requirements of Section 143.004, Texas Local Government Code, and is therefore sufficient. PASSED, APPROVED and ADOPTED this the 9th day of February, A.D., 2026. ________________________________ J. KEVIN COLE MAYOR Docusign Envelope ID: 61A497BD-9D13-46E0-8E13-C71D923DD1C6 RESOLUTION NO. R2026-28 2 ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ LAWRENCE G. PROVINS CITY ATTORNEY Docusign Envelope ID: 61A497BD-9D13-46E0-8E13-C71D923DD1C6 CITY OF PEARLAND, TEXAS CERTIFICATE OF SUFFICIENCY OF PETITION I, Frances M. Aguilar, City Secretary of the City of Pearland, Texas, and the official authorized by law to receive, examine, and certify petitions submitted to the City, hereby certify the following: On January 5, 2026, a petition requesting the City of Pearland to hold an election for "Adoption of the fire fighters' and police officers' civil service law" pursuant to Texas Local Government Code Chapter 143, was timely filed with the City Secretary. At the time of filing, the petition consisted of seventy-nine (79) pages containing a total of seven hundred twenty-four (724) signatures. In accordance with Texas Local Government Code Section 143.004, a petition requesting an election be signed by a number of qualified voters of the municipality equal to at least ten percent (10%) of the number of voters who voted in the most recent municipal election at which voters cast ballots. In accordance with Election Code Chapter Section 277.0021, a reference in a law outside this code to "qualified voter" in the context of eligibility to sign a petition means "registered voter." SIGNATURE REQUIREMENTS 1. The City’s May 2025 municipal election was cancelled due to all candidates being unopposed and, therefore, no votes were cast. Accordingly, the most recent municipal election at which voters participated was held in May 2024, with 4,148 voters. Ten percent (10%) of 4,148 voters equals 415 required valid signatures. 2. Each signature on the petition shall conform to the requirements for information set forth in the Texas Election Code. 3. In accordance with Texas Election Code Section 277.002, for a petition signature to be valid, state law requires the following: i. signature in signer's own handwriting; ii. the signer's printed name; iii. the signer's residence address, iv. the date of signing, v. the signer's date of birth; or voter registration number and county of registration; and vi. compliance with any other applicable requirements prescribed by law. The signatures submitted on the petition were reviewed and verified against official voter registration records obtained from Brazoria County, Fort Bend County, and Harris County. Based on this verification, I have determined the following facts regarding the petition: The raw-count number of signatures filed with the petition was 724. Texas Local Government states that the minimum number of valid signatures required for certification as a sufficient petition is 415. It has been determined that the petition meets the minimum number of valid voter signatures, based on the required 415. Of the 724 submitted signatures checked, 280 were disqualified on account of signatures not on the voter registration records, not residing within the municipal boundaries of the City of Pearland, or incomplete or illegible information. The remaining 444 signatures were determined to be valid qualified voters of the City of Pearland, Texas. Because of the above, I hereby determine and certify that the petition meets the statutory requirements set forth in Texas Local Government Code Section 143.004 and is therefore sufficient. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pearland, Texas, on this the 9th of January 2026. Frances M. Aguilar, TRMC MMC City Secretary City of Pearland, Texas