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Ord. 0949 02-28-00ORDINANCE NO. 949 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE SIXTH DAY OF MAY, 2000; DESIGNATING THE HOURS AND PLACE FOR HOLDING SUCH ELECTION AND PROVIDING FOR SUBMISSION TO THE VOTERS OF CERTAIN PROPOSED CHARTER AMENDMENTS. WHEREAS, the Charter Review Commission's objective in amending the current Charter was to clarify ambiguities in the current Charter; and WHEREAS, City Council agrees with the Commission's objectives and commends it for meeting the challenge presented; and WHEREAS, City Council, in accordance with the City's Charter, received these proposed amendments into the City's official records on June 29, 1999, and hereby accepts the Commission's recommendations; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That proposed amendments to the Home Rule Charter of the City of Pearland, Texas, shall be submitted to the vote of the duly qualified electors of the City of Pearland, Texas, in a Special Election to be held at the same time and places and in accordance with the procedure otherwise employed in connection with the Regular City Election to be held on May 6, 2000, pursuant to applicable provisions of the Home Rule Charter, Resolutions No. R98-17 and R98-18, respectively, incorpo- rated herein for all purposes, and applicable statutes of the State of Texas. Section 2. That the portions of the Charter of the City of Pearland which are proposed to be amended are attached hereto as Exhibit "A" and made a part hereof for all purposes. 1 ORDINANCE NO. 949 Section 3. That the Presiding Judge of the election of city officers shall appoint two additional Clerks to assist in the voting on the proposed Charter Amendments. Section 4. That the City Secretary is hereby directed to cause notice of the submission of said Charter Amendments to be published in the official City newspaper, together with the text of each proposed amendment in accordance with state and local law. Section 5. That immediately after said election is held, the officers holding same shall make returns of the results thereof to the mayor of this City as required by the Election Code. A copy of this Ordinance shall also serve as a Writ of Election which shall be delivered to the duly appointed Presiding Judge for said elections. PASSED and APPROVED on First Reading on this 14th day of February , A.D., 2000. ATTEST: TO D MAYOR 2 ORDINANCE NO. 949 PASSED and APPROVED on Second and Final Reading this 28th day of February , A.D., 2000. ATTEST: APPROVED AS TO FORM: 44, L M. DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 3 EXHIBIT CITY OF PEARLAND REPORT OF THE 1999 CHARTER REVIEW COMMISSION PROPOSED AMENDMENTS FOR THE CITY CHARTER 1 Ag PROPOSED AMENDMENT NO. 1 THE AMENDMENT OF the Pearland Charter, Section 3.01, NUMBER, SELECTION AND TERM, to read as follows: "The legislative and governing body of the city shall consist of a-mayorand five (5) councilmembers, who and shall be known as the "city council of the City of Pearland, Brazoria, and Harris, and Fort Bend Counties, Texas." (a) A The mayor shall be elected from the city at large. The councilmembers shall be elected from the city at large by positions and shall be known as positions 1, 2, 3, 4 and 5. (b) The mayor shall preside over the city council and shall be recognized as the head of the city government for all ceremonial purposes and by the governor for purposes of military law. Except where expressly indicated, the Mayor shall not be included in any reference to the City Council. The mayor shall be allowed to vote only in case of a tie vote...." [The proposed amendment more precisely defines City Council as consisting of five City Councilmembers. The Mayor, although not a member of the City Council, presides over the Council and would continue to vote in the event of a tie. The revision lends itself to clarifying existing ambiguities relative to the definition of the City Council.] [underlined portions ADDED; stricken portion DELETED] PROPOSED AMENDMENT NO. 2 THE AMENDMENT OF the Pearland Charter, Section 3.01, NUMBER, SELECTION AND TERM, to read as follows: "... (e) of -officer and There shall be no term limitation on the offices of mayor or ay councilmembers." (City Councilmembers are currently limited to two (2) full consecutive terms of office, while the office of Mayor is not subject to term limitations. The proposed amendment removes term limitations.] [underlined portion ADDED; stricken portion DELETED] PROPOSED AMENDMENT NO. 3 THE AMENDMENT OF the Pearland Charter, Section 4.07, CITY ATTORNEY, to read as follows: "The city council shall appoint a competent attorney duly licensed in the State of Texas, who shall be the city attorney. He/She shall receive for his/her services such compensation as may be fixed by the city council and shall hold his/her office at the pleasure of the city council. The city attorney, or such other attorneys selected by him/her with the approval of the city council, shall represent the city in all litigation. He/She shall be directly responsible to the city council and shall be the legal advisor of, attorney and counsel for, the city and all officers and departments thereof." (The proposed amendment clarifies that the City Attorney answers directly to the City Council.] [underlined portions ADDED; stricken portion DELETED] PROPOSED AMENDMENT NO. 4 THE AMENDMENT OF the Pearland Charter, Section 6.03, PETITION FOR RECALL, to read as follows: "Before the question of recall of such officers shall be submitted to the qualified voters of the city, a petition demanding such question to be so submitted shall first be filed with the person performing the duties of city secretary; which said petition shall be signed by at least five (5) per cent of the total number of registered voters ihirtr(-30)-per-cent-of the -number -of votes -cast -at -the -last in the city, ' , The printed name of each signer must appear on the petition. Each signer shall personally sign his/her name thereto in ink and date the petition, specifying the day, month and year. The signer niust provide his/her voter registration number and county of registration. The signer must also include his/her address including the street name, number and zip code." [Recall petitions currently require the signatures of at least 30% of the number of votes cast at the last regular municipal election, for the position being recalled, but no less than 150 signatures. The proposed amendment will require signatures of at least 5% of the total number of registered voters in the City.] [underlined portions ADDED; stricken portion DELETED] AGENDA REQUEST BUSINESS OF THE CITY COUNCIL CITY OF PEARLAND, TEXAS AGENDA OF: 2/14/00 ITEM NO. DATE SUBMITTED: DEPARTMENT OF ORIGIN : LEGAL PREPARED BY: DARRIN COKER PRESENTOR: DARRIN COKER SUBJECT: CHARTER AMENDMENT ELECTION EXHIBITS: ORDINANCE AND PROPOSED AMENDMENTS EXPEDITURE REQUIRED - --- AMOUNT BUDGETED - --- ACCOUNT NO. ADDITIONAL APPROPRIATION REQUIRED --- ACCOUNT NO. FUNDS AVAILABLE (Finance Department Approval) EXECUTIVE SUMMARY The 1999 Charter Review Commission, on June 29, 1999, presented four proposed amendments to the City Charter. The City Council must decide which, if any, of the proposed amendments, will be submitted to the voters in a Special Election on May 6, 2000. RECOMMENDED ACTION Order a special election for May 6, 2000, for consideration of proposed City Charter amendments. Indicate hich, if any, of the proposed amendments are to be submitted to the voters.