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1975-04-07 CITY COUNCIL SPECIAL MEETING MINUTES222 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 7, 1975, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS. The City Council of the City of Pearland, Texas, convened in Special meeting, open to the public, on the 7th day of April, 1975, at the City Hall, and the roll was called of the duly constituted officers and members of the City Council of the City to -wit: Carlton McComb Mayor Cecil W. Griffin Councilman and Mayor Pro Tem Gene E. Sanders Councilman Harry Farley Councilman Tom Reid Councilman Benny J. Frank Councilman and all of said persons were present, except the following absentees: Councilman and Mayor Pro Tem Griffin and Councilman Farley, thus constituting a quorum. Others present: City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Councilman Reid. The Pledge of Allegiance was led by Mark McComb. RESOLUTION NO. 75-14,RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS OF ELECTION: Mayor McComb read the Election Returns as follows: ELECTION PRECINCT: One City Precinct POLLING PLACE: PEARLAND HIGH SCHOOL TO THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: BUILDING We, the undersigned officers of election at the polling place shown above for the bond election held within the City of Pearland on April 5, 1975, hereby certify that votes were cast at this election precinct as follows: I. The resident, qualified electors of the City who gown ' taxable property -Vit'hin--the City and who had rendered the same for taxation cast 1049 votes as follows: DlNnDngTTTMT FOR THE ISSUANCE OF $200,00 0 PARK LAND ACQUISITION BONDS .................635 votes AGAINST THE ISSUANCE OF $200,000 PARK LAND ACQUISITION BONDS..................414 votes II. All other resident, qualified electors of the City cast 80 votes as follows: PROPOSITION FOR THE ISSUANCE OF $200,000 PARK LAND ACQUISITION BONDS .................. 54 votes AGAINST THE ISSUANCE OF $200,000 PARK LAND ACQUISITION BONDS. .................. 26 votes We further certify that at this election precinct the election was held and conducted as two separate but simultaneous elections, to -wit: one election at which only resident qualified electors of the City who owned taxable property within the City and who had rendered the same for taxation were permitted to vote on the proposition submitted and another election at which all other resident, qualified electors of the City were permitted to vote on the proposition; that the votes cast at each of the separate but simultaneous elections were cast, recorded, and are here returned separately; and that none but members of the two classess of voters described above were permitted to vote at the election. WITNESS OUR HANDS this 5th day of April, 1975. S/ Mrs. Mary R. Kliesing Presiding Judge S/ Mrs. Jack Miller Alternate Presiding Judge S/ Delores Gant Clerk S/ Mrs. George Olin Clerk WHEREUPON, among other business, the following was transacted at said meeting: a written resolution entitled: RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS OF ELECTION (the "-Resolution") was duly introduced for the consideration of the City Council and was reviewed in full. It was then duly moved/and'seccnde&--thea'the Resolution be passed; and, after due discussion, the motion, carrying with it the passage of the Resolution, prevailed and carried by the following vote: (Motion made by Frank, seconded by Sanders). AYES: All members of the City Council shown present above voted "Aye". NOES: None. The Mayor thereupon announced that the Resolution had been duly and lawfully adopted. The Resolution thus adopted follows: RESOLUTION NO. 75-14 RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS OF ELECTION THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND WHEREAS, an election was held in the CITY OF PEARLAND, TEXAS, on April 5, 1975, at which a proposition relating to the issuance of bonds of the City and the levy of taxes to pay said bonds, respectively, was submitted in accordance with law; and WHEREAS, said election was held and conducted as two separate but simultaneous elections, to -wit: one election at which only the resident, qualified electors of the City who owned taxable property within the City and who had rendered the same for taxation were entitled to vote on the proposition and another election at which all other resident, qualified electors of the City were entitled to vote on the proposition; and WHEREAS, the votes cast by each of the two classes of voters described above were recorded and returned separately and were as follows: I. 224 The resident, qualified electors of the City who owned taxable property within the City who had rendered the same for taxation cast 1049 votes as follows: and PROPOSITION FOR THE ISSUANCE OF $200,000 PARK LAND ACQUISITION BONDS................635 votes AGAINST THE ISSUANCE OF $200,000 PARK LAND ACQUISITION BONDS................414 votes II. All other resident, qualified electors of the City cast 80 votes as follows: FOR THE ISSUANCE OF $200,000 PARK LAND ACQUISITION BONDS ..................... 54 votes AGAINST THE ISSUANCE OF $200,000 PARK LAND ACQUISITION BONDS ................ 26 votes WHEREAS, the above totals are shown in the official election returns heretofore submitted to the City Council and filed with the City Secretary; and WHEREAS, the election was called and held in all respects under and in strict conformity with the constitutions and laws of the State of Texas and of the United States of America; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND THAT.: Section 1. The matters and facts recited in the above preamble of this resolution are found to be true and correct. Section 2. The election held in the City on the 5th day of April, 1975, and which is more fully described in the preamble of this resolution, and which was held and conducted as two separate but simultaneous elections, was called and notice thereof given in accordanoEF A thlaw; the election was held in all respects in conformity with law; only resident, qualified electors of the City voted at the election; the votes of the resident, qualified electors of the City who owned taxable property within the City and who had rendered the same for taxation, voting at the election, were recorded, returned, and are canvassed here separately from the votes of all other resident, qualified electors of the City who voted at the election; returns of the election have been lawfully made by the proper officers; the election has resulted favorably to the issuance of bonds described in the proposition submitted at the election and the levy and collection of the tax in payment thereof; and more than the necessary majopity 225 of the voters -voting at the election have -voted in favor thereof. Section 3. The City Council of the City is authorized to issue all of the bonds described in the aforesaid proposition, to levy taxes in payment thereof, and to do any and all things necessary or convenient in connection therewith. Section 4. It is hereby found and determined that the need of the City for such financing creates an emergency and an urgent public necessity for the holding, at the scheduled time, of the'meetlRV- Which this resolution is adopted and for the adoption of this resolution; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Secretary, and the posting thereof, are hereby authorized, approved, adopted, ratified, and confirmed. PASSED AND APPROVED this 7th day of April, 1975. Mayor City of Pearland, Texas ATTEST: City Secretary Cityof Pearland, Texas MEETING RECESSED 7:45 P. M. - RECONVENED 7:47 P. M. Mayor McComb presented a proclamation to Mr. Foshee and Mrs. Waters representing the Little League Baseball Association proclaiming Saturday, April 12, 1975, as Little League Baseball Day in Pearland. CANVASS OF CITY OFFICERS' ELECTION HELD ON APRIL 5, 1975: The Election Returns of the City Officers' Election were brought before the City Council for consideration. Statement of Canvass And Election Return For City Officers' Election held on 5th day of April, 1975, in Brazoria County Precinct Nos. 12,16,26,28,29 and 43 - Harris County No. 417 in Pearland, Brazoria County, Texas. Total Number of Votes Cast 1195 - FOR MAYOR CARLTON MC COMB 933 VOTES EARL D. GRIFFIN 239 VOTES FOR COUNCILMAN TERRY GRAY 336 VOTES POSITION NO. 3 GENE E. SANDERS 824 VOTES 226 The undersigned hereby certify that the foregoing is a true and correct Statement of Canvass and Election Return for the above described election held at the above designated Election Precinct. Dated this 5th day of April, 1975. s/ Jack E. Farmer Presiding Officer s/ Inez Farmer J. 0. Hazelwood Clerk Clerk s/ Kelly F. Davis, Jr. Ruby Bozka Clerk Clerk ORDER DECLARING RESULT OF CITY OFFICERS' ELECTION: (RES.OLUTION NO. 75-15) THE STATE OF TEXAS CITY OF PEARLAND On this the 7th day of April, 1975, the City Council of the City of Pearland, Texas, convened in special session at the regular meeting place thereof with the following members present, to -wit: Carlton Mc Comb Mayor Benny J. Frank Councilman Tom Reid Councilman Gene E. Sanders Councilman Dorothy L. Cook City Secretary and the following absent: Councilman and Mayor Pro Tem Cecil Griffin and Councilman Farley. Councilman Reid introduced a resolution and order and moved its adoption. The motion was seconded by Councilman Frank, and the motion carrying with it the adoption of the resolution and order prevailed by the following vote: AYES: Councilman Frank, Councilman Reid and Councilman Sanders. NOES: None The resolution is as follows: There came to be considered the returns of an election held on the 5 day of April,. 1975, for the purpose of electing the hereinafter named officials, and it appearing from said returns, duly and legally made, that there were cast at said election 1195 valid and legal votes; that each of the candidates in said election received the following votes: FOR MAYOR CARLTON MC COMB 933 VOTES EARL D. GRIFFIN 239 VOTES COUNCILMAN POSITION NO. 3 TERRY GRAY 336 VOTES GENE E. SANDERS 824 VOTES THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: That said election was duly called; that notice of said election was given in accordance with law, and that said election was held in accordance with law, and that Carlton McComb was duly elected Mayor of said City at said election and Gene E. Sanders was duly elected Councilman Position No. 3 of said City at said election and said above named parties are hereby declared duly elected to said respective offices, subject to the taking of their oaths and filing bond as provided by the laws of the State of Texas. PASSED, ADOPTED AND APPROVED this 7th day of April, 1975. s/Carlton McComb Mayor ATTEST: s/ Dorothy L. Cook Secretary Judge Tom Kenyon, Court of Domestic Relations, Brazoria County, Texas was present and issuedthe Oath of Office to Mayor McComb and Councilman Sanders. ADJOURN: Meeting adjourned at 8:00 P. M. Minutes approved as submitted and/or corrected this the day of , A. D. 1975. Mayor ATTEST: City Secretary �`o I ARYA �yJ/`