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HomeMy WebLinkAboutR2026-035 20260209 - English RESOLUTION NO. R2026-35 A Resolution of the City Council of the City of Pearland, Texas, ordering a Special Election to be held on May 2, 2026, for the purpose of considering amendments to the City Charter of the City of Pearland establishing the procedure; and providing for other related matters related thereto. WHEREAS, the City Council of the City of Pearland, Texas, wishes to order a Special Election for the purpose of considering possible amendments to the City Charter, by the qualified voters of the City of Pearland pursuant to the Texas Election Code, the Pearland City Charter, and City ordinances; and WHEREAS, the City Council of the City of Pearland, Texas appointed a seven (7) member Charter Review Commission to determine whether any Charter provisions require revision; and WHEREAS, the Charter Review Commission met from February 2025 to review the City Charter and in May 2025 the Commission finalized its report of its findings in writing, and presented its proposed amendments to the City Council; and WHEREAS, the City Council of the City of Pearland, Texas has reviewed the proposed changes by the Charter Review Commission and wishes to submit charter amendments to the Charter for submission to the qualified voters of the City on the next uniform election date, May 2, 2026; and WHEREAS, pursuant to the Texas Local Government Code Sec. 9.004 a ballot for proposed charter amendments shall be prepared so that a voter may approve or disapprove any one or more amendments without having to approve or disapprove all of the amendments; and WHEREAS, the Texas Election Code is applicable to said election, and in order to comply with said Code, an Ordinance should be passed calling the election and establishing the procedures to be followed in said election, and designating the voting place for said election; and WHEREAS, the City Council wishes to designate certain officials to conduct various aspects of election services for the City.; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City Council hereby finds and determines that the foregoing recitals are true and correct and are incorporated herein for all purposes. Section 2. A Special Election is hereby ordered to be held in the City of Pearland, Texas, on May 2, 2026 and shall be conducted in accordance with the Texas Election Code, Texas Local Government Code, and other applicable laws. The election shall be held as a joint election, and the City Secretary is authorized to execute an election services contract with Brazoria County for the conduct of the election. Proposition: Charter Amendments Ballot Language: Shall the City Charter be amended in Sections 3.08, 3.10, 5.06, 6.17, 7.01, 8.06, 8.11, 9.04, and 10.03 to provide that notices and required publications be provided in accordance with state law? Docusign Envelope ID: 61A497BD-9D13-46E0-8E13-C71D923DD1C6 Charter changes if the proposition passes: Section 3.08. Meeting of the city council. The city council shall hold at least two (2) regular meetings in each month at a time to be fixed by said city council by ordinance or resolution fixing the dates of such regular meetings. As many additional special meetings may be held during the month as may be necessary for the transaction of all business of the city and its citizens. All meetings shall be public, except where authorized by law, and shall be held at the city hall, provided, however, the city council may designate another place for such meetings after publishing the due notice thereof in one (1) issue of the official newspaper of said city in accordance with state law. The city secretary, upon written request of the mayor or any two councilmembers, shall call special meetings of the city council, notice of such special meetings shall be given to each member of the city council at least seventy-two (72) hours before the start of the meeting, which said notice shall state the date for such meeting and the subject to be considered at such meeting. Said notice to the city council shall be sufficient if delivered to the councilmembers in person, or in the event of the inability to locate said councilmember within the City of Pearland, Texas, delivery of such notice to his or her home shall be sufficient. Section 3.10. Procedures for passing of ordinances or resolutions. 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 (10) days from its publication in the official city newspaper of the City of Pearland accordance with state law. 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 accordance with state law. He/She 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, revisions 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 (2) regular sessions of the city council. The requirement of consideration and favorable action on an ordinance at two (2) regular sessions of the city council shall not apply, and only one (1) reading at one (1) regular or special meeting shall be required for the final passage and approval of an ordinance relating to an immediate public emergency affecting life, health, property or the public peace. In the event an ordinance is adopted as an emergency measure, a declaration of the specific emergency shall be expressed in the caption and body of such ordinance, and such ordinance shall not be adopted without the affirmative vote of at least three-fourths (¾) of all members of the city council. The reading aloud of the official number assigned to the ordinance or resolution by the secretary shall suffice as a reading, provided printed copies of the ordinance or resolution 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. The city council may address selected items by consent agenda in the absence of any objection by council. Ordinances or resolutions may be read in their entirety at the discretion of a majority of the city council. Docusign Envelope ID: 61A497BD-9D13-46E0-8E13-C71D923DD1C6 Every ordinance or resolution shall be authenticated by the signature of the mayor and city secretary and shall be systematically recorded and indexed in an ordinance or resolution book in a manner approved by the council. It shall only be necessary to record the caption or title of ordinances or resolutions in the minutes or journal of council meetings. The city council shall have power to cause the ordinances or resolutions of the city to be corrected, amended, revised and modified and the ordinances 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. Section 5.06. Election by majority. At any general or special municipal election, the candidate for each office who has received a majority of all votes cast for his/her particular office shall be declared elected. A runoff election shall be ordered by the mayor, or if he/she fails to do so, by the council in the event any candidate fails to receive a majority of all votes cast for his/her particular office. The date for the election shall be ordered and held in a timely manner as prescribed by the general election laws of the State of Texas. The two (2) candidates who receive the largest number of votes cast for each particular office requiring a runoff election shall again be voted for. The candidate receiving the largest number of votes in the runoff election shall be declared elected. The city secretary shall give notice of such runoff election by causing said notice to be published in accordance with state law Texas Election Laws. Section 6.17. Publication of proposed and referred ordinances. The person performing the duties of city secretary shall publish at least once in a newspaper of general circulation published in the city the proposed or referred ordinance or resolution within fifteen (15) days before the date of the election in accordance with state law and this charter and shall give other notices and do such things relative to such elections as are required in general municipal elections or by the ordinance or resolution calling said election. Section 7.01. Planning and zoning commission. The city council shall appoint a city planning and zoning commission, consisting of seven (7) members, who shall be residents of the City of Pearland, real property owners, and shall not be employees of the city. (a) Term of office: Seven (7) members will be appointed in 1971 within thirty (30) days after the regular city election. The first two (2) members will be appointed for a one- year term. The next two (2) members will be appointed for a two-year term. The last three (3) members will be appointed for a three-year term. All reappointments after the original appointments will be for three-year terms. (b) Rules of procedure: The commission shall elect, annually, one (1) of its number chairperson and shall establish its own rules of procedure which shall include the following: A quorum shall consist of a majority of the members of the commission and an affirmative vote of a majority of those present shall be necessary to pass upon pending questions. All meetings shall be open to the public and a record of all proceedings shall be kept by the person performing the duties of the city secretary and shall be a public record. (c) Vacancies: Members on the planning and zoning commission shall be accompanied by active participation in the activities of the commission, and any member who is absent from three (3) consecutive meetings of the commission without valid excuse as determined by the commission, shall automatically be dismissed from membership. The commission shall at once notify the city council that a vacancy in the commission exists. Vacancies occurring in the commission, for whatever reason, shall be filled within thirty (30) days by appointment by the city council for the remainder of the unexpired term. Docusign Envelope ID: 61A497BD-9D13-46E0-8E13-C71D923DD1C6 (d) Powers and duties: The commission shall have the power and shall be required to: (1) Amend, extend and add to the master plan for the physical development of the city. (2) Recommend, approve or disapprove plats of proposed subdivisions submitted in accordance with city ordinance as adopted or hereafter amended. (3) Recommend to the city council approval or disapproval of proposed changes in the zoning plan. (4) Make and recommend to the city council for adoption, plans for the clearance and rebuilding of slum districts and blighted areas which may develop within the city. (5) Recommend to the city council the amendment, extension and revision of the building code, which code shall include the minimum standards of construction for building, the minimum standards for plumbing and the minimum standards for wiring. (6) Submit annually to the city manager, not less than ninety (90) days prior to the beginning of the budget year, a list of recommendations for capital improvements which, in the opinion of the commission, are necessary or desirable to be constructed during the forthcoming five (5) years. Such list shall be arranged in order of preference, with recommendations as to which projects shall be constructed in which year. (7) Meet no less than once each month, meetings to be held at the city hall unless prior notice of change of meeting place be given by publication in accordance with state law. a newspaper of general circulation in the City of Pearland. (8) Planning commission to be granted all powers as outlined by civil statutes of the State of Texas. (e) Liaison with city council: The city manager or his/her representative shall attend the meetings of the planning and zoning commission and shall serve as liaison between the commission and the city council. Section 8.06. Notice of public hearing on budget. In accordance with state law, the city council shall cause to be published in the official newspaper of the City of Pearland a notice of the hearing setting forth the date, time and place of the public hearing on the submitted budget, in accordance with state law. Section 8.11. Effective date of budget; certification; public availability. Upon final adoption, the budget shall be in effect for the fiscal year. A copy of the budget, as finally adopted, shall be filed with the person performing the duties of city secretary and the county clerk of Brazoria County. The final budget shall be published on the City’s website made available for the use of all offices, departments, and agencies and for the use of interested persons and civic organizationsin accordance with state law. Section 9.04. Ordinances granting franchise. All ordinances granting, renewing, extending or amending a public utility franchise shall be read at two (2) separate regular meetings of the council, and shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until thirty (30) days after its final passage; and the full text of such ordinance shall be published once, within fifteen (15) days following the first reading, in the official newspaper of the cityin accordance with state law, and the expense of such publication shall be borne by the prospective franchise holder. Docusign Envelope ID: 61A497BD-9D13-46E0-8E13-C71D923DD1C6 Docusign Envelope ID: 61A497BD-9D13-46E0-8E13-C71 D923DD1 C6 Section 10.03. Official newspaper. So lonq as publication of certain legal notices in a newspaper of general circulation is required by state law, Tthe council shall contract annually with, and by resolution designate, a public newspaper of general circulation in the city as [the] official organ thereof, and to continue as such until another is designated, and shall cause to be published therein all ordinances, notices and other matter required by this charter, by the ordinances of the city, or by the constitution and laws of the State of Texas, to be published. Section 3. The official ballots shall be prepared in accordance with the Texas Election Code, as amended, so as to permit electors to vote "FOR" or "AGAINST" the proposition. Voters should place an "X" in the square beside the statement indicating the way they wish to vote. Section 4. Election Day polling places, early voting locations, voting hours, and election officers shall be those designated by Brazoria County, Texas, in accordance with the Texas Election Code. Section 5. Each qualified voter who desires to cast an early vote shall be entitled to an official ballot and the right to cast such ballot in accordance with the provisions of the Texas Election Code. Early voting will be conducted by the Early Voting Clerks at the places designated by Brazoria County. The location of the main early voting polling place for each county is as follows: Brazoria County East Annex 1524 E Mulberry Pearland, TX 77515 Early voting by personal appearance shall commence on Monday, April 20, 2026, and end on Tuesday, April 28, 2026, in accordance with the schedules adopted by Brazoria County. Applications for a ballot to be voted on by mail should be mailed as follows: By Regular Mail By Fax By Common or Contract Carrier Joyce Hudman County Clerk 237 E. Locust Street, Suite 102 Pearland, TX 77515 979-864-1011 Joyce Hudman County Clerk 1524 E Mulberry #145 Pearland, Texas 77515 By email: ABBM@brazoriacountytx.gov Phone No.: 979-864-1662, 281-756-1662 or 979-388-1662 Website: https://www.brazoriacountyclerktx.gov/departments/elections/vote-by-mail If an application is sent to the early voting clerk by fax or email, the original application must still be mailed and received by the early voting clerk no later than the fourth business day after receiving the emailed or faxed ABBM or faxed FPCA, to the address shown above for Regular Mail. The last day to submit an application for a ballot to the respective Early Voting Clerk to be voted by mail is April 20, 2026 (received, not postmarked). Section 6. The Central Counting Stations to receive and tabulate voted ballots shall be located at the Brazoria County East Annex, 1524 E Mulberry, Pearland, TX 77515. Section 7. Notice of the Special Election shall be given in the manner and within the time required by the Texas Election Code and other applicable law. The Mayor and City Secretary are authorized and directed to cause such notice to be given. Section 8. In all matters relating to the ordering and holding of the Special Election, the City shall comply with the Texas Election Code, including Chapter 272 regarding bilingual election requirements, and the Federal Voting Rights Act of 1965, as amended. Section 9. It is hereby officially found and determined that the meeting at which this Resolution was adopted was open to the public and that public notice of the time, place, and purpose of said meeting was given as required by Chapter 551, Texas Government Code. Section 10. This Resolution is effective immediately upon its passage and approval. PASSED, APPROVED and ADOPTED this the 9th day of February, A.D., 2026. _____________________________ J.KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES M. AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ LAWRENCE G. PROVINS CITY ATTORNEY Docusign Envelope ID: 61A497BD-9D13-46E0-8E13-C71D923DD1C6