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Home My WebLink AboutR96-24 05-06-96 RESOLUTION NO. R96-24 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY OFFICERS' ELECTION AND SPECIAL ELECTION HELD IN THE CITY OF PEARLAND, TEXAS, ON MAY 4, 1996. On this the 6th day of May, 1996, the City Council of the City of Pearland, Texas, convened in Regular Session open to the public at the regular meeting place thereof with the following members present, to-wit: Tom Reid Helen Beckman Richard Tetens Randy Weber Jerry Richardson Kevin Cole Yolanda C. Benitez and the following absent: and among other proceedings had were the following: Mayor Council, Position One Council, Position Two Council, Position Three Council', Position Four Council, Position Five City Secretary constituting a quorum, Councilmember moved its Tel:ens Order prevailed by NAYS ZERO (0) Resolution is as follows: Richar'dson introduced a Resolution and Order and adoption. The motion was seconded by Councilmember , and the motion carried with the adoption of the Resolution and the following vote: AYES FIVE (5) ABSTENTIONS The WHEREAS, there was held in the City of Pearland, Texas, on the 4th day of May, 1996, a City Officers' Election and Special Election at which the offices to be filled for Mayor, and Member of the Council, Position No. Three, along with seventy seven (77) proposed Charter Amendments were submitted to a vote of the duly qualified resident electors of said City. WHEREAS, at this Special meeting of the City Council of the City of Pearland, on May 6, 1996, after date of said election, being the first meeting of the City Council to be held since said election at which returns of said'election could be considered and final results declared. NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION I. That the election described was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said election have been made by the proper officers; and it appeared from said returns, duly and legally made, that there were cast at such election 2,278 valid and legal votes; and that said election resulted in the following vote totals: NAME OF CANDIDATE Garey Willbanks Tom Reid FOR MAYOR NUMBER OF VOTES RECEIVED PERCENTAGE 788 34.6% _1,415 _62%_ FOR MEMBER OF THE COUNCIL, POSITION NUMBER THREE NAME OF CANDIDATE NUMBER OF VOTES RECEIVED PERCENTAGE Larry Wilkins 779 34% Chip Hosek 885 38.8% David Louwerse 483 21% AMENDING ARTICLE 1 AMENDING SECTION 1.01 AMENDING SECTION 1.02 AMENDING SECTION 1.03 AMENDING SECTION 1.04 AMENDING SECTION 2.01 AMENDING SECTION 2.02 PROPOSED CHARTER AMENDMENTS AMENDMENT NO. 1 FOR 918 AGAINST _1,237_ AMENDMENT NO. 2 FOR 847 AGAINST _1,494._ AMENDMENT NO. 3 FOR 983 AGAINST _1,131_ AMENDMENT NO. 4 FOR 866 AGAINST _1,257-- AMENDMENT NO. 5 FOR 842 AGAINST _1,265_ AMENDMENT NO. 6 FOR 872 AGAINST _1,333_ AMENDMENT NO. 7 FOR 812 AGAINST __1,306____ AMENDING SECTION 2.03 AMENDING SECTION 3.01 AMENDING SECTION 3.01 AMENDING SECTION 3.02 AMENDING SECTION 3.03 AMENDING SECTION 3.04 AMENDING SECTION 3.05 AMENDING SECTION 3.06 AMENDING SECTION 3.07 AMENDING SECTION 3.08 AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. 8 FOR AGAINST 9 FOR AGAINST 10 FOR AGAINST 11 FOR AGAINST 12 FOR AGAINST 13 FOR AGAINST 14 FOR AGAINST 15 FOR AGAINST 16 FOR AGAINST 17 FOR AGAINST 825 982 923 1,106 854 _1,209__ 881 1,219 823 _1,262__ 843 _1,245__ 925 _1,184__ 895 _1,217__ 833 _1,259__ 829 _1,282_ AMENDING SECTION 3.09 AMENDING SECTION 3.10 AMENDING SECTION 3.11 AMENDING SECTION 3.12 AMENDING SECTION 3.13 AMENDING SECTION 3.14 AMENDING SECTION 4.01 AMENDING SECTION 4.02 AMENDING SECTION 4.03 AMENDING SECTION 4.04 AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. 18 FOR AGAINST 19 FOR AGAINST 20 FOR AGAINST 21 FOR AGAINST 22 FOR AGAINST 23 FOR AGAINST 24 FOR AGAINST 25 FOR AGAINST 26 FOR AGAINST 27 FOR AGAIN ST 851 _1,262__ 833 1,214 896 _1,203__ 876 _1,238__ 905 1,186 861 _1,251_ 760 _1,340_ 834 _1,265-- 835 _1,245__ 842 1,314 AMENDING ARTICLE 4 AMENDING ARTICLE 5 REPEALING ARTICLE 7 CREATING A NEW ARTICLE 7 AMENDING SECTION 6.02 AMENDING SECTION 6.03 AMENDING SECTION 6.05 AMENDING SECTION 6.06 AMENDING SECTION 6.07 AMENDING SECTION 6.08 AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. 28 FOR 839 AGAINST _1,249__ 29 FOR 768 AGAINST _1,343__ 3O FOR 845 AGAINST _1,208__ 31 FOR 869 AGAINST _1,209__ 32 FOR 587 AGAINST _1,204-- 33 FOR 878 AGAINST 1,215 34 FOR 959 AGAINST _1,213__ 35 FOR 874 AGAINST _1,176-- 36 FOR 892 AGAINST _1,065__ 37 FOR 889 AGAINST _1,191__ AMENDING SECTION 6.10 AMENDING SECTION 6.12 AMENDING SECTION 6.13 AMENDING SECTION 6.14 AMENDING SECTION 6.17 AMENDING SECTION 6.20 AMENDING SECTION 6.22 CREATING A NEW ARTICLE 6 AMENDING SECTION 8.01 AMENDING SECTION 8.02 AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. 38 FOR 837 AGAINST _1,192_ 39 FOR 883 AGAINST _1,195_ FOR 884 AGAINST _1,092__ 41 FOR 991 AGAINST _1,188_ 42 FOR 885 AGAINST _1,209_ 43 FOR 858 AGAINST 999 44 FOR 833 AGAINST _1,219_ 45 FOR 9O2 AGAINST _1,064-- FOR 872 AGAINST _1,120_ 47 FOR 923 AGAINST 964 AMENDING ARTICLE 8 AMENDING SECTION 8.10 AMENDING SECTION 8.11 AMENDING SECTION 8.07 AMENDING SECTION 8.08 AMENDING SECTION 8.09 AMENDING SECTION 8.10 AMENDING SECTION 8.11 AMENDING SECTION 8.12 AMENDING SECTION 8.13 AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. 48 FOR AGAINST 49 FOR AGAINST 50 FOR AGAINST 51 FOR AGAINST 52 FOR AGAINST 53 FOR AGAINST 54 FOR AGAINST 55 FOR AGAINST 56 FOR AGAINST 57 FOR AGAINST 849 _1,224__ 822 1,189 867 _1,147__ 850 _1,204-- 781 _1,291__ 848 _1,215__ 861 _1,212__ 912 _1,159__ 906 1,151 839 _1,205__ AMENDING SECTION 8.22 AMENDING SECTION 8.23 AMENDING SECTION 8.24 REPEALING ARTICLE 9 CREATING A NEW ARTICLE 9 AMENDING SECTION 10.01 AMENDING ARTICLE 10 AMENDING SECTION 10.03 AMENDING SECTION 10.06 AMENDING SECTION 10.07 AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. AMENDMENT NO. 58 FOR 852 AGAINST _1,204__ 59 FOR 844 AGAINST _1,202-- 60 FOR 841 AGAINST _1,205__ 61 FOR 843 AGAINST 1,218 62 FOR 838 AGAINST _1,233__ 63 FOR 858 AGAINST 1,192 64 FOR 834 AGAINST 1,180 65 FOR 880 AGAINST _1,178__ 66 FOR 884 AGAINST _1,114-- 67 FOR 907 AGAINST 1,153 REPEALING SECTION 10.09 AMENDMENT NO. AMENDMENT NO. CREATING A NEW SECTION 10.09 AMENDMENT NO. RENUMBERING SECTION 10.10 AMENDMENT NO. CREATING A NEW SECTION 10.10 REPEALING SECTION 10.11 AMENDMENT NO. REPEALING SECTION 10.12 AMENDMENT NO. REPEALING SECTION 10.14 AMENDMENT NO. REPEALING SECTION 10.16 AMENDMENT NO. REPEALING SECTION 10.17 AMENDMENT NO. AMENDMENT NO. CHANGING FROM ARABIC TO ROMAN NUMERALS 68 FOR AGAINST 69 FOR AGAINST 70 FOR AGAINST 71 FOR AGAINST 72 FOR AGAINST 73 FOR AGAINST 74 FOR AGAINST 75 FOR AGAINST 76 FOR AGAINST 77 FOR AGAINST 866 _1,177._. 869 _1,178__ 829 _1,210__ 866 _1,196_ 837 1,215 855 1 199 851 _1,203__ 841 _1,222_ 86O _1,196__ 74O _1,246__ SECTION II. That the City Council of the City of Pearland, Texas, hereby officially and affirmatively declares that the results as shown above are the real and true results of the election held on May 4, 1996, within the City of Pearland, Texas, that the candidate elected for Mayor is declared to be Tom Reid and the candidate elected for Member of the Council, Position Number Three is declared to be , and said above parties are hereby declared duly elected to said respective offices, subject to taking of their Oaths of Office and Statements of Elected Officers as provided by the laws of the State of Texas. SECTION III. The City Council of the City of Pearland, Texas, hereby officially and affirmatively declares that each and every amendment (attached hereto as Exhibit "A") to the Home Rule Charter of the City of Pearland and presented to the duly qualified voters of the City of Pearland failed as a result of said election. SECTION IV. It is further found and determined that in accordance with the Order of this governing body, the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located at City Hall, a place convenient to the public, and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the date of this meeting. A copy of said posting shall be attached to the minutes of this meeting and shall be made a part thereof for all intents and purposes. SECTION V. The following Exhibits B, C, and D (Election Results) are attached hereto and made a part hereof by reference. -PASSED, APPROVED, ADOPTED and ORDERED this the (~ day of ~Y'~, A.D., 1996. TOM REID MAYOR A'!-rEST: YO[_,~DA C. BENITEZ CITY/SECRETARY APPR7D AS TO FORM: CITY A~TORNEY Exhibit "A" PROPOSED AMENDMENTS TO CHARTER (PROPOSITIONS) PROPOSITION NO. 1 THE AMENDMENT OF the Pearland Charter, to CHANGE the t,tle of Article 1 GOVERNMENT AND BOUNDARIES to "FORM OF GOVERNMENT". from FORM OF PROPOSITION NO. 2 THE AMENDMENT OF the Pearland Charter, Section 1.01, entitled FORM OF GOVERNMENT, to read as follows: "The municipal government provided by this charter shall be known as the 'council-manager' fqrm of government." (underlined portion ADDED) and to REPEAL the remainder of the section (as this subject is now addressed in proposed amendments here,n). PROPOSITION NO. 3 THE AMENDMENT OF the Pearland Charter, Section 1.02, entitled INCORPORATION to read as follows: "The City of Pearland in Brazoria and Harris Counties, Texas, within its corporate limits now established and hereafter altered, shall constitute an incorporated city in perpetuity under the name of 'City of Pearland', hereinafter referred to as the 'city'." PROPOSITION NO. 4 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 1.03, entitled ANNEXATION FOR ALL PURPOSES (as this authority is granted by state law). PROPOSITION NO. 5 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 1.04, entitled DETACHMENT OF TERRITORY (as this authority is granted by state law). PROPOSITION NO. 6 THE AMENDMENT OF the Pearland Charter, Section 2.01 entitled GENERAL, to read as follows: "The city shall have all powers possible for a city to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter, together with all the implied powers necessary to carry out the powers granted herein." (b) Candidate Eligibility Only a registered voter who has resided in the city for Six months immed~ately preceding h~s,her elect~on and is not indebted to the city shall be ehg~ble to run for or hold the office of councilmember or mayor. Election and Terms. ~[he regular election of councdmembers shall be held ,n compliance with the state elect~on code on the urnform election date specihed by state law in the spring of each year and the mayor shall be elected every three (3) years in an election held in the same manner The terms of councilmembers shall be staggered so that two (2) members are elected annually. Said terms shall begin immediately upon canvassing of votes after the election. The mayor and each councilmember shall hold office for a period of three (3) years and until his/her successor is elected and qualified. Councilmembers shall be limited to two 12) full consecutive elected terms of office and will not be eligible to seek re-election until the expiration of twelve (12) months." PROPOSITION NO. 12 THE AMENDMENT OF the Pearland Charter, Section 3.03 entitled COUNCIL TO BE JUDGE OF ELECTION QUALIFICATIONS, to read as follows: "Judge of Qualifications. The city council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office. The council may have the power to set additional standards of conduct for its members beyond those specified in the charter and may provide for such penalties as it deems appropriate, including forfeiture of office. In order to exercise these powers, the council shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in the city's official newspaper at least one week in advance of the hearing. Decisions made by the council under this section shall be subject to judicial review." PROPOSITION NO. 13 THE AMENDMENT OF the Pearland Charter, to CHANGE the title of Section 3.04, from COMPENSATION, to 'COMPENSATION; EXPENSES' and to ADD a final sentence in the section that reads as follows: 'The mayor and councilmembers shall receive their actual and necessary expenses incurred in the performance of their duties of office." (Remainder of section unchanged). PROPOSITION NO. 14 THE AMENDMENT OF the Pearland Charter, Section 3.05 entitled MAYOR PRO TEM, to read as follows: "Mayor. The mayor shall be a member of the city council and shall preside at meetings of the council, reDresent the city in intergovernmental relationshil~S, aDDoint, with the advice and consent of the council, the members of citizen advisory boards and commissions, and perform other duties specified by the council. The mayor shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law but shall have no the rules of the councd. No act,on of the councd, except as otherwise prowtied ~n the preceding sentence and in § 3 06, shall be valid or binding unless adopted by the affirmabve vote of three (3) or more members of the councd ' PROPOSITION NO. 17 THE AMENDMENT OF the Pearland Charter, to REPEAL the existing Section 3.08, entitled MEETING OF THE CITY COUNCIL (as th,s subject ,s now addressed ~n Proposmon No. 16) and to substitute in ,t5 place a new Sect,on 3.08, entitled ACTION REQUIRING AN ORDINANCE, to read as follows: "In addition to other acts required by law or by specific provision of this charter to be done by ordinance, those acts of the city council shall be by ordinance which: (1) Adopt or amend an administrative code or establish, alter, or abolish any city department, office or agency; Adopt any standard code of technical regulations; (3) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; {4) Levy taxes and provide for budget appropriations; {5) Grant, renew or extend a franchise; Regulate and audit standards of service, quality, availability of product, and rates charged for services by private and public utilities; Authorize the borrowing of money, including but not limited to issuance of bonds for permanent improvements and all other lawful purposes; (8) Convey or lease or authorize the conveyance or lease of any lands of the city; (9) Regulate land use and development; Alter and extend the boundaries of the city limits, including but not limited to annexation of the city's extraterritorial jurisdiction and disannexation; (1 1 ) Amend or repeal any ordinance previously adopted; and Establish and maintain a municipal court for the trial of municipal offenses in accordance with state law. Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution." PROPOSITION NO. 18 THE AMENDMENT OF the Pearland Charter, to REPEAL the existing Section 3.09, entitled RULES OF PROCEDURE (as this subject is now addressed in Proposition No. 16) and to substitute in its place a new Section 3.09, entitled PROCEDURES FOR PASSING OF ORDINANCES AND RESOLUTIONS, to read as follows: A~Y ~.RTgF A~gI~DS FlO ~a9e g PROPOSITION NO. 21 THE AMENDMENT OF the Pearland Charter, Section 3.12, entitled INVESTIGATION BY THE CITY COUNCIL, to read as follows: "investigations. The city council may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, admm,ster oaths, take testimony and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the council shall be a misdemeanor punishable by a fine of not more than $2,000, or by imprisonment for not more than one year or both. No individual member of the city council shall have any power to act, investigate, make appointments or inquire into the conduct of any office, department or agency of the c~ty without the specific authorization of the city council in an official meeting.' PROPOSITION NO. 22 THE AMENDMENT OF the Pearland Charter, Section 3.13. entitled AUDIT AND EXAMINATION OF CITY BOOKS AND ACCOUNTS, to read as follows: "Independent Audit. The city council shall provide for an independent annual audit of all city accounts and may provide for more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years, but the designation for any particular fiscal year shall be made no later than 30 days after the beginning of such fiscal year," PROPOSITION NO. 23 THE AMENDMENT OF the Pearland Charter, to ADD Section 3.14, entitled PROHIBITIONS, to read as follows: "(a) Holding Other Office. Except where authorized by law, no councilmember shall hold any other elected public office during the term for which the member was elected to the council. No councilmember shall hold any other city office or employment during the term for which the member was elected to the council. No former councilmember shall hold any compensated appointive office or employment with the city until one (1) year after the expiration of the term for which the member was elected to the council. Nothing in this section shall be construed to prohibit the council from selecting any current or former councilmember to represent the city on the governing board of any regional or other intergovernmental agency. (b) Appointments and Removals. Neither the city council nor any of its members shall in any manner control or demand the appointment or removal of any city administrative officer or employee whom the city manager or any subordinate of the city manager is empowered to appoint, however, the council may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees. Adopt a comprehenseve plan and determine to what extent zoning and other land use control ordinances must be consistent with the plan; and Adopt development regulations, to be specified by ordinance, to implement the plan." PROPOSITION NO. 28 THE AMENDMEN'[ OF the Pearland Charter, to REPEAL the following sections of Article 4 (as th~$ authority is granted by state law and summarized in proposed amendments herein): Section Section Section Section Section Section Section Section 4.05, 4.06 4.08, 4.09, 4.10, 4.11 4.12, 4.13, entitled entitled entitled entitled entitled entitled entitled entitled DEPARTMENT OF FINANCE MuNicIPAL COURT DEPARTMENT OF HEALTH AND SANITATION VOLUNTEER FIRE DEPARTMENT DEPARTMENT OF PUBLIC WORKS RESERVED DEPARTMENT OF PARKS, RECREATION AND BEAUTIFICATION OTHER DEPARTMENTS PROPOSITION NO. 29 THE AMENDMENT OF the Pearland Charter, to REPEAL Article 5, entitled ELECTIONS (as this authority is granted by state law and now addressed in Proposition No. 45) and to substitute in its place a new Article 5, entitled CITY MANAGER, to read as follows: 'Section 5.01. Appointment and Qualifications. The city council by a majority vote shall appoint a city manager for an indefinite term and fix the manager's compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications. The manager need not be a resident of the city or state at the time of appointment but may reside outside the city while in office only with the approval of the council. No member of the city council shall, during the time for which he/she is elected and for two (2! years thereafter, be appointed city manager. Section 5.02. Removal. The city manager may be removed at the will and pleasure of the city council by a resolution approved by four (4) votes. Section 5.03. Acting City Manager. The city manager shall designate a city officer or employee to exercise the powers and perform the duties of city manager during the manager's temporary absence or disability. The city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager returns. ~Y' C'3'Uk~T~R',,A~IENT~'$ F;0 P&cje 9 RENUMBER Section 6.01, entitled GI~NERAL POWER, as Section 7 01 R~.NUMBER Section 6.04, entitled FORM OF RECALL PETITION, as Sect,on 704 'RENUMBER Section 6.09, entitled BALLOTS IN RECALL ELECTION, as Sect,on 7.09 RENUMBER Section 6.11, entitled RECALL, RESTRICTIONS THEREON, as Section 7.11 RENUMBER Section 6.15, entitled VOLUNTARY SUBMISSION OF LEGISLATION BY THE COUNCIL, as Section 7.14 RENUMBER Section 6.16, entitled FORM OF BALLOTS, as Section 7.15 RENUMBER Section 6.18, entitled ADOPTION OF ORDINANCES, as Section 7.17 RENUMBER Section 6.19, entitled INCONSISTENT ORDINANCES, as Section 7.18 RENUMBER Section6.21, entitled FURTHER REGULATION BY CITY COUNCIL, as Sect,on 7.20 PROPOSITION NO. 32 . THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 6.02, entitled SCOPE OF RECALL, as Section 7.02, and to make changes as follows: "Any c!cc*,cd city official, whcthor elected to office by the qualified voters of the city or appointed by the city council to fill 3 vacancy, shall be subject to recall and removal from office by the qualified voters of the city on grounds of incompetency, misconduct or mal- feasance in office." (underlined portions ADDED; stricken portions DELETED.) PROPOSITION NO. 33 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 6.03, entitled PETITION FOR RECALL, as Section 7.03, and to make changes 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 perf.,on performing the duties of city secretary~ ::-h!ch Said petition shall be signed by qualified voters of the city equal in number to at least thirty (30) per cent percen_t of the number of votes cast at the last regular municipal election of the city, for the position in question, but in no such event less than one hundred fifty (150) such petitioners. The printed name of each siqner must appear on the petition. Each signer of cuch roc311 petition shall personally sign his/her name thereto in ink and shall writc after hi~/hor name his/her piece of rc~,idoncc, giving name of stroot,.and number, or place of reGidonco, and r.,hali also writc thorcon thc day, month and yo,ar hi",,/hcr c, igneturc w3c affixed. and date the petition. specifyinq the day, month and year. The siqner must provide his/her voter rec~istration number and county of reaistration. The sictrier must also include his/her address includino the street name. number and zip code." (underlined portions ADDED; stricken portions DELETED). "If the officer whose removal ts sought does not restgn, ',hcn it shall become the ministerial duty of the c~ty councd to order an elect~on, end fix a date for holding such recall elect~on, and dischar(le any other duties ~mposed upon sa~d council by the orevisions of this Charter and state law. The date for the electron shall be ordered and held ~n a timely manner as prescribed by the general elect~on laws of the State of Texas." (underhned portions ADDED; str,cken portions DELETED). PROPOSITION NO. 38 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 6.10, entitled RESULT OF RECALL ELECTION, as Section 7.10, and to make changes as follows: "If a majority of votes cast at a recall election shall be "NO," that is, against the recall of the person named on the ballot, he/she shall continue in office for the remainder of his/her unexpired term, subject to recall as before. If a majority of the votes cast at such election shall be "~Yc=' 'YES,' that is for recall of the person named on the ballot, he/she shall, regardless of any technical defects in the recall petition, be deemed removed from office, and the vacancy be filled as vacancies in the city council are filled, as provided in this charter." (underlined portion ADDED). PROPOSITION NO. 39 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 6.12, entitled FAILURE OF CITY COUNCIL TO CALL AN ELECTION (as this subject is now addressed in Proposition No. 37) and amended to comply with state law). PROPOSITION NO. 40 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 6.13, entitled INITIATIVE, as Section 7.1 2, and to make changes as follows: "Qualified' voters of the City of Pearland may initiate legislation by submitting a petition addressed to the city council which requests the submission of a proposed ordinance or resolution to a vote of the qualified voters of the city. Said petition must be signed by qualified voters of the city equal in number to thirty (30) per cent Dercent of the number cast at the regular last last reqular municipal election of the city, or one hundred fifty (150) qualified voters, whichever is greater, and each copy of the petition shall have attached to it a copy of the proposed legislation. The petition shall include such information and be signed as provided in Section 5.0~ 7.0.3. of this charter. The petition may consist of one (1) or more notarized copies as permit'ted in Section ~.05 7.05 of this charter. Such petition shall be filed with the pcr=on performing thc dutics of city secretary. Within five (5) days after the filing of such petition, the person pc~rforming the dutioc of city secretary shall certify such petition or return same to petitioners. After certification, the person performing the duties of city secretary shall present said petition and proposed ordinance or resolution to the city council at the next regular meeting. Upon presentation to the city council of the petition and draft of the proposed ordinance or resolution, it shall become the duty of the ci[y council within ten (10) days after receipt thereof, to pass and adopt such ordinance or resolution without alteration as to meaning or effect in the opinion of the persons filing the petition or to call a special election, to be held within thirty {30) days thereafter, at which time the qualified "No ordinances or resolutions whsch may have been passed by the csty council upon a Debtson or adopted by popular vote under the Drovesions of Ibis artscle shall be repealed or amended except by the c,ty council in response to a referendum petition or by submissson as prowded sn sectson 6, !~ 7.1 5 of this charter." lunderhned port~on ADDED; stricken port,on DELETED). PROPOSITION NO. 44 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 6.22, entitled FRANCHISE ORDINANCES las this authority is granted by state law and now addressed in Proposition No. 17). PROPOSITION NO. 45 THE AMENDMENT OF the Pearland Charter, to CREATE a new Article 6, entitled 'ELECTIONS" to read as follows: "Section 6.01. City Elections. (a) law. Regular Elections. The regular city election shall be held at a time established by state (b) Qualified Voter Defined. All citizens who reside within the corporate limits of the city and who are legally registered under the constitution and laws of the State of Texas to vote in the city shall be qualified to vote within the meaning of this charter. Conduct of Elections. The election laws of the State of Texas shall apply to all elections, general and special, held under this charter. All elections provided for by the charter shall be conducted by the election authorities established by law. Candidates shall run for office without party designation. For the conduct of city elections, the city council shall adopt ocdinances consistent with the law and this charter, and the election authorities may adopt further regulations consistent with the law and this charter and ordinances of the council. Such ordinances and regulations pertaining to elections shall be publicized in the manner of city ordinances generally.' PROPOSITION NO. 46 THE AMENDMENT OF the Pearland Charter, Section 8.01, entitled FISCAL YEAR, to read as follows: "The fiscal year of the city City of Poarl,3nd shall begin a~ o___n the first day of October and sh=l! end on the last day of September_. of o3ch c31cnd3r yoor. Such fie, ca1 yc3r -_,hall conc, titutc thc budgct and accounting yeor." (underlined portions ADDED; stricken portions DELETED). A~q'f ~:HAPT~]~ A~NDS El0 -- [~.~cje PROPOSITION NO. 50 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 8.11, entitled EFFECTIVE DAI'E OF BUDGET; CERTIFICATION, COPIES MADE AVAILABLE, as Section 8.06, and to make changes as follows "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 ocrforming thc dutics ol c~ty secretary and ,',he county clerk of Brazoria and Harris Cc~;n',~' Counties., and tho statc comptrollor of public account6 at Austin. The final budget shall be mimoographod of otherwise reproduced, and copies shall be made available for the use of all offices, departments, and agencies and for the use of interested persons and civic organizations. A reasonable cost based on state recommendation will be charged for copies of city budgets to all interested parties." ._ (underlined portions ADDED; stricken portions DELETED) PROPOSITION NO. 51 THE AMENDMENT OF the Pearland Charter, to CREATE a new Section 8.07, entitled APPROPRIATION AND REVENUE ORDINANCES, by RENUMBERING current sections and adding an introductory sentence as follows: "To implement the adopted budget, the city council shall adopt, prior to the beginning of the ensuing fiscal year:' RENUMBER Section 8.12, entitled BUDGET ESTABLISHED APPROPRIATION, as Section 8.07(a1 RENUMBER Section 8.13, entitled BUDGET ESTABLISHED AMOUNT TO BE RAISED BY PROPERTY TAX, as Section 8.07(b) RENUMBER Section 8.14, entitled CONTINGENT APPROPRIATION, as Section 8.07(c) PROPOSITION NO. 52 THE AMENDMENT OF the Pearland Charter, to CREATE a new Section 8.08, entitled AMENDMENTS AFTER ADOPTION, by RENUMBERING current Section 8.16 and ADDING subsections (a), (c), (d), and (e), as follows: ADD "la) Supplemental Appropriations. If during the fiscal year the city manager certifies that there are available for appropriation revenues in excess of those estimated in the budget. the city council by ordinance may make supplemental appropriations for the year up to the amount of such excess." RENUMBER Section 8.16, entitled EMERGENCY APPROPRIATIONS, as Section 8.08(bl. ADD "(c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the city manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the manager shall report to the city council without delay, indicating the estimated amount of the deficit, any remedial action taken by the manager and recommendations as to any other steps to be taken. Contents. The capital program shall include: A clear general summary of ~ts contents; (2) A hst of all capital ~mprovements and other capital expenditures which are proposed to be undertaken during the five fiscal years next ensu,ng. with appropriate supporting information as to the necess,ty for each; Cost estimates and recommended time schedules for each improvement or other capital expenditure; {4) Method of financing, upon which each capital expenditure is to be reliant; and (5) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. The above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition." PROPOSITION NO. 56 THE AMENDMENT OF the Pearland Charter, to CREATE a new Section 8.12, entitled CITY COUNCIL ACTION ON CAPITAL PROGRAM, to read as follows: "{a) Notice and Hearing. The city council shall publish in one or more newspapers of general circulation in the city the general summary of the capital program and a notice stating: The times and places where copies of the capital program are available for inspection by the public, and The time and place, not less than two weeks after such publication, for a public hearing on the capital program. (b) Adoption. The city council by resolution shall adopt the capital program with or without amendment after the public hearing and on or before the 1 5th day of September of the current fiscal year." PROPOSITION NO. 57 THE AMENDMENT OF the Pearland Charter, to CREATE a new Section 8.1 3, entitled TAXATION, by RENUMBERING current Sections as follows: RENUMBER Section 8.19, entitled POWER TO TAX, as Section 8.13(a) RENUMBER Section 8.20, entitled PROPERTY SUBJECT TO TAX; RENDITION, APPRAISAL AND ASSESSMENT, as Section 8.13(b! RENUMBER Section 8.21, entitled TAXES, WHEN DUE AND PAYABLE, as Section 8.13(c) AR¥ CP~ART~R'A~NDS .=1.~ - P&~e 19 (1) (2) (3) ~nqulre into the operations of the city government under the charter provisions to determine whether any such provsslons require revision. To this end public hearings may be held, including a required final public hearing to present the official results of the charter review examination to the citizens of Pearland. Proposed changes and recommendations will be published in the official newspaper. The commission shall have the power to compel the attendance of any officer or employee of the city and to require the submission of any of the city records which it may deem necessary to the conduct of such hearing. propose, if it deems desirable, amendments to this charter to improve the effective application of said charter to current conditions. report its findings and present its proposed amendments, if any, to the city council. Any report of the commission shall be delivered to the city attorney at least thirty 130) days prior to its presentation to the council. Within such time, and no later than ten (10) days prior to its presentation to the council, the city attorney shall advise the commission in writing of any changes in proposed amendments which he/she deems necessary or desirable. A copy of the city attorney's recommendations shall be attached to the report of the commission at the time of its presentation to the council." RENUMBER Section 10.1 51b), ent,tled ACTION BY THE CITY COUNCIL, as Section 9.03 REPEAL Section 10.15(c), entitled TERM OF OFFICE (as this subject is now addressed in proposed Section 9.02 herein) CREATE a new Section 9.04, entitled ADOPTION OF AMENDMENT, to read as follows: "if a majority of the registered voters of the city voting upon a proposed charter amendment vote in favor of it, the amendment shall become effective at the time fixed in the amendment or, if no time is therein fixed, 30 days after its adoption by the voters.' PROPOSITION NO. 63 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 10.01, entitled OFFICIAL OATH (as this subject is addressed by state law). PROPOSITION NO. 64 THE AMENDMENT OF the Pearland Charter, to RENUMBER the following Sections of Article 10: RENUMBER Section 10.02, entitled PUBLIC RECORDS, as Section 10.01 RENUMBER Section 10.04, entitled NOTICE OF CLAIM, as Section 10.03 RENUMBER Section 10.05, entitled PROVISION RELATING TO ASSIGNMENT, EXECUTION AND GARNISHMENT, as Section 10.04 RENUMBER Section 10.06, entitled CITY NOT REQUIRED TO GIVE SECURITY OR EXECUTE BOND, as Section 10.05 (3) No person who seeks appointment or promotion w~th respect to any city position or appointive oty admm,strative office shall d,rectly or indirectly give, render or pay any money. servsce or other valuable th,ng to any person for or sn connection w,th h,s or her test, appointment. proposed appointment, promot,on or proposed promotion. No pe[son shall knowingly or wallfully solicit or ass,st ,n sohc~t~ng any assessment, subscr,pt,on or contribution for any poht,cal party or polit,cal purpose to be used in conjunction with any c,ty elec(son from any c~ty employee. (5) No city employee shall knowingly or willfully make, solicit or receive any contribution to the campaign funds of any political party or committee to be used in a city election or to campaign funds to be used in support of or in opposition to any candidate for election to city office or city ballot issue. Further, no city employee shall knowingly or willfully participate in any aspect of any political campaign on behalf of or in opposition to any candidate for city office. This section shall not be construed to limit any person's right to exercise rights as a citizen to express opinions or to cast a vote nor shall it be construed to prohibit any person from active participation in political campaigns at any other level of government." RENUMBERING Section 10.08, entitled NEPOTISM, as Section 10.07(a)(6). "(b) Penalties. Any person convicted of a violation of this section shall be ineligible for a period of five years following such conviction to hold any city office or position and, if an officer or employee of the city, shall immediately forfeit his or her office or position. The city council shall establish by ordinance such further penalties as it may deem appropriate.' PROPOSITION NO. 68 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 10.09, entitled CONTINUATION OF BUDGET {as this section is no longer applicable). PROPOSITION NO. 69 THE AMENDMENT OF the Pearland Charter, to CREATE a new Section 10.09, entitled SAVINGS CLAUSE, to read as follows: "All rights and remedies which have accrued in favor of the city under this charter and amendments thereto shall be and are preserved for the benefit of the city." PROPOSITION NO. 70 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 10.10, entitled EFFECT OF CHARTER ON EXISTING LAW, as Section 10.08, and to make changes as follows: 'In General. All c. it.y ccdcr., ordinances, resolutions, rules, orders and regulations, which are in force ~n tho city on tho offoctivc d,atc of this chartor, and not in conflict with thic chartor, shall romain in forco until altorod, amcndod or ropo~31od by thc Council. when this charter becomes fully effective are repealed to the extent that they are inconsistent or interfere with AM',' CH.A.r-,TI~P' A/q~NDS P!O -- Page 21 PROPOSITION NO. 75 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 10 16, entitled SUBMISSION OF CHARTER IO VOTERS (as th~s subject Is no longer applicable). PROPOSITION NO. 76 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 10.17, entitled MEANING OF WORD "CITY" <as this subject is now addressed in Proposition No. 3). PROPOSITION NO. 77 THE AMENDMENT OF the entire Pearland Charter, to CHANGE all Article numbers from Arabic numerals to Roman numerals. Prescribed by Sec~ of 5~at~ ~sctioas ~7.00Co)t3). T~.13.;I, T~ns ~ C~h, EXHIBIT "B" Page I of 7 SUMI~t~tY 01~ ~!N~'f ~ EARLY VOTING !,theundet~gned, thepresid~n~off~ofthe~anvass~n~auO~oHtyfor City of Pea~land E!~on,~!don~ 4th ~yof May ,!~ 96 , Brazoria & Harris T~ ~ ~by ~ ~t ~ follo~ b a to~ ~ ~! vo~ ~v~ by u~ ~~ ~d vo~ ~v~ and "qainst" eneh mensuit as shown by ~e prmt~n~ m~ns. 1 fm~Jm' m. tif% that the following vote totals include e~rty votin[ votes by precinct received under section BT. t231 of the Tesas Election Code. Name of Offi~ Total Votes Received MAYOR COUNCILMEMBER POSITI ON THREE (3) PROP. # I PROP. PROP. # 3 PROP. # 4 PROP. # 5 PROP. # 6 PROP. # 7 PROP, # 8 PROP. # 9 PROP. # 10 GAREY WILLBANKS TOM REID LARRY WILKINS CHIP HOSEK DAVID LOUWERSE FOR AGAINST FOR A A NST FOR AGAINST AGAINST FOR FOR AGAINST AGATNgT AGA[NRT AGAINST DA~D, ~~y ~ May Page SUMMAmYm~~ EARLY VOTING l, theundersisued, thepresidinfofllceroFthec~nvmssinfmu~bom'ibyror City of Pearland Election, heldon~e 4th ~-yof May / ,19 96 , Brazoria & Harri~ Ce~nty, Tex~ do hereby ce-tir) tht the Followin~ is m toLtl or eli roses received by etch candidate and votes received "for' ,fid 'qminst' em~ tn~ m.q shown by the precinct met~. !furtber cer~ry tht the followin~ totals include emrty volins votes by precinct rec~lved unda' section 8';.1221 or the Tens ~ Code. 2 of To~i Votes Received PROP. # 11 PROP. # 12 PROP. # 13 PROP. # 14 PROP. # 15 PROP. # 16 PROP. # 17 PROP. # 18 PROP. # 19 PROP.' # 20 PROP. # 21 PROP. # 22 FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST AGAINST FOR AGAINST FOR AGAINST FOR AGAINST DATED, ~ ,~"'~d~y or May I~residin~ OfTleer ,19 96. SerfJam 67.00(b)(2), rT.lL31. T~ ~ Cock Page 3 of 7 SUMMARY ~F 1~ RETURNS EARLY VOTING !, theunder. ned, thepresidinf officer orthec, nvtuinsmutboriby for City of Pearl and E!ection, heldonthe 4th_dayof May ,19 9§., Brazori~ ~ M~rris Count, Texas do hereby certif7 that the following is m total of' ~11 votes _re~_~'ved by esch candidate and votes received 'for' and 'aftinst' each me~ure is shown by the precinct. r~m. ! further certif~ that the foHowitq. vott totals inclu6t early rotins votes by precbct r~eived umier section 8';.1~31 or the Tens Election Code. or N~me ~ C4ndidate Total Votes PROP. # 23 PROP. # 24 PROP. #25 PROP. # 26 PROP. # 27 PROP. # 28 PROP. # 29 PROP. # 30 PROP. # 31 PROP. # 32 PROP. # 33 PROP. # 34 FOR AGAINST FOR AGAINST FOR ~AINST FOR AGAINST FOR MAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST DATED, this~.~y d May ,19 96 · ,,z7S , 17 Code SUMMARY OF I'RECINCTREFURNS EARLY VOTING Page 4 of I, the underslimed, the presidinf ofTleer oF the canvm~inl tuttmriby for C i ty of Pea rl and £lection, beldonthe 4th dayor May ,19,,96 , Brazoria & Harris Counby, Texas do hereby c~rti~ that the foilowln~ is a total of' all votes received by each candidate and votes ~r~__'~ved *for* and NqaJmt' emch m~ssure as shown by the precinct retro-ns. I further certify that tb~ followinf vote totals include early rotins votes by precinct received under section 8~.1231 or the Terns Election Code. NameoF(Mice/ or l~position Total Votes Received PROP. # 35 PROP. # 36 PROP. # 37 PROP. # 38 PROP. # 39 PROP. # 40 PROP. # 41 PROP. # 42 PROP. # 43 PROP. # 44 PROP. # 45 PROP. # 46 AGAINST FOR AGAI,ST FOR ~-~/-~ AGAINST AGAINST ~OR AGAINST ~o, ~¢/ AGAINST ~,s~ ~o~ ~,s~ ~// FO~ AGAINST AGAINST FO~ ~/ FOR /?7 DA~D, ~~~ ~ M~ ,1) g6 · · '6'!q~.t.lq~l ~ &?.00~)(2), ~.l,~t, T~ ~ Code Page 5 of 7 EARLY VOTING City of Pearland !~lectlon, heldonthe 4th dayoF May ,19__~, Rr~Tnria & Harris (~ount~, Tex~ do hereby ce'tiF7 that the Fo!lowi~ is · tom of ,,q vo~es received by e~ch c~ndidate sad votes received "for' and "q~nst' e~ch memuf~ u shown by the pm:inc~ returm. ! further certify tht the followinf vot~ totals include em*iy votinj votes by ~ k'e~_ _vealunder section 87.1231 of' the Tex&5 Election C..ode. Nome OFOff~ or Proposition N~ne or ~'.m~lldate Totd Votes PROP. # 47 PROP. # 48 PROP. # 49 PROP. # 50 PROP. # 51 PROP. # 52 PROP. # 53 PROP. # 54 PROP. # 55 PROP. # 56 PROP. # 57 PROP. # 58 FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST DATED, this~d~y d' May ~ &?.M(b)O), 8~.1231, Te~_ ~ Code Page 6 of 7 SUMMARY Of PRECINCF RETURNS EARLY VOTING i, theundersi~ed, thepresidinfo~cerol~thectnvusin~muthorit~For City of Pearland E!ec~on, hddonthe 4th dayor May ,19 96 , Brazoria & Harris , ¢ounby, Texas do hereby certify thst the following is it total of sl! votes _r~__'_ved by esch c~ndidtte and votes rec~ved "rot." ~md "qtinst" esch measure fu shown by the ~ r~u'ns. I furlher certify that tbe followins vo~e totsIs include em'ly rotins votes by peecim received under serfion 8';.1231 or the Te~u Election Code, NmM or OfTice/ Nsme or Ctn~date ToM Votfs Reaived or Propadfion AGAINST ~o~. ~ ~ AGAINST P~O~. ~ 62 F0~ ~i,s~ ~,o~. ~ ~3 ~o, AGA~S~ ~,o~ ~ ~ ~o, AGAinST AGAZNST ~0~. ~ 66 F0, ~,s~ ~,s~ ~ROP. ~ 68 FOR ~.s~ ~,o~. ~ ~ ~o, ~,s~ ~,o~. ~ ~o ~o, AGAI~S~ _ ~ DA~D, ~~~ ~ Prucribed b~ SecreLt.~ of SLIte Studore &~.ee(b)G), 8'/.1231, T--M ~ Code 9;93 Page S~Y OF !~RECI~ i~ EARLY' VOTING i, the undersisned, the presidin~ officer of(he con,m~inl muihori~ for City of Pearland E!ecLion, bddonthe 4th dayot Ma% ,19 g6 , Brazoria & Harris Texas do hereby ca't~y that tbe roilowinf is a totaJ or nil votes received by esch c~ditht~ and votes received 'for' and 'qainst' each umuur~ as shown by h precinct rmu~s. ! further cu't~ that the followi~ vo~e totals indmb ear~ rotins votes by precinct received urnlet section 8';.12~1 or the Teas ~ Code. 7 of Name d Office/ or Proposition N~me d Candidate Total Votes Reedred AGAINST PROP. # 72 FOR AGAI,ST AGAINST PROP. ~ 74 FOR AGAINST PROP. ~ 75 FOR AGAINST AGAINST PROP. ~ 77 FOR AGAINST DATED, ~ ds), or May Pre~idin~ OrTner' ,19 96 . Sectiem 67.00(b)(3), 8~.1231, Tetn~dect~ Code EXHIBIT "C" Page SUMMARY OF ~ RKTURAS ELECTION DAY !, the ~efi~nd, the presidin~ officer of the canvassinI authoritT for ~ i t¥ of Pearl and E!e~on,~eldo. tlm 4th ~myoF May ,19 96 _, Brazoria & Harris C~by, Texas do he'~b~, ca'tif~ that tbe Followins is · total of all votes received b~ each tandidate and votes received 'for' aml 'stainst' each metsure as shown by the precinct retu~. ! further certif~ that the fo!low/nf voit totals indude earix roan; rots by pretinct reinired under nctlon 8';.1~1 d the Texas Election Code. 1 of Nmn of Of Fi~ or Proposition N~me d ~Jndidate Total Votes Renived MAYOR COUNC I LMEMBER POS ITI ON THREE (3) PROP. # 1 PROP. # 2 PROP. # 3 PROP. # 4 PROP. # 5 PROP. # 6 PROP. # 7 PROP. # 8 PROP. # 9 PROP. # 10 DATED, this . . LARRY WILKINS CHIP HOSEK DAVID LOUWERSE AC~INST .~)~ May Pr~c~4bed by 5ecr~uf'y of 5~e ~ Sec6om 67.~(bK3). r7.1221. Teu~oe Ced~ Page 2 of 7 SUMMAJtY O!r iqtECIlq~ RETU!tNS ELECTION DAY !, the unde~ianed, the presidina offieer or the eanvusina muthorlty For City of Pearland Eieetion, heidonthe 4th d~yor May ,19 96 , Brazor)a & Harri~ County, Texas do hereby certify that the followinK is · toLtl of all votes rKeived by each clndldate and votes received 'for' and 'arthur' uch messur~ as showu by the precinct returus. ! further cer!tf~ that the roUowinf vm totals include eady votin~ votes b~ prednct .~r~eived umbr sinion ~.1231 o~ the Texas Election Code. Name of Offlee/ Name of Candidate To~al VoWs Re~ived or !~o~o~ition PROP. # 11 FOR AGAINST PROP. # 12 FOR AGAINST PROP. #.13 FOR AGAINST PROP. # 14 FOR AGAINST PROP. # 15 FOR AGAINST PROP. # 16 FOR AGAINST PROP. # 17 FOR AGAINST PROP. # 18 FOR AGAINST PROP. # 19 FOR A~AINST PROP. # 20 FOR AGAINST PROP. # 21 FOR AGAINST PROP. # 22 FOR AGAINST ~ d~y or May ,19 96 Pr~cfibel by SK,'e.u'y or Secelom ~?.O0(b)(2), rT.i~!, Tens E3eL'lea Cede Page SUI~Y OF PRF, CINCT RETU~ ELECTION DAY !, the unda3ifned, th~ pFesidif~ office' ~ Ihe ~mv~ssinf au~ for City of Pearland Election, held on the ,. 4t h day of May ,19 96 , Bra7oria ~ Harris Count, Teaas do hereby ceriJf) that the following is a tot~J or all votes received by each candidate and votes received 'for' and 'qmhut' each measure as shown by the precinct returns. ! further ea-fify that the followin8 vote totsIs include etr~ vofinj votes by precinct received under section 8'7.1231 or the Terns _~tecfion Code. 3 of Name or OITW~ or Proposition TotAl Votes PROP. # 23 PROP. # 24 PROP. #2'5 PROP. # 26 PROP. # 27 PROP. # 28 PROP. # 29 PROP, # 30 PROP. # 31 PROP. # 32 PROP. # 33 PROP. # 34 FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST DATED, thb~'/ d~y or May ,19 96.. fre~ribed by ~c~ uf' S~mt~ ~ 67.10~)O). gLt~3l. Tetra h Code Page 4 of 7 blJMMA~Y OF ~~ ELECTION DAY I, the undersigned, the presiding officer of the can, using authority for City o f Pearl and Election, beldonthe 4thdiyof May ,19_96 ,Brazoria & Harris County, Texas do hereby certify that the following is · total of all votes received by each candidate and votes received 'for' and 'qaimt' each measure es show~ by the precb~ rerunre. ! furlher eert~fy flat the followini vote totals indude early votint *oUm by precinct received under seerion gl.b!31 ottbe Team Eleetioa Co~ Nmme of OftleeY Total Vot~ Realved PROP, # 35 PROP, # 36 PROP. # 37 PROP. # 38 PROP. # 39 PROP. # 40 PROP. # 41 PROP. # 42 PROP. # 43 PROP. # 44 PROP. # 45 PROP. # 46 FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST DATED, this ~ dly or M~y ,1~ g6 · Pr~ribed by .%cre~. of ~'Ke L Secti4~ &?.lO(b)G), 1'/.13~!. T~ ~ Cede ~Y 01' FRECIN(~ KE'!lJRNS ELECTION DAY I, the umdefilined, the presicllnI offlcm' of the canvassif~ lulhori~ for Page City of Pearland Ele~tlon,~eldomlbe 4th~-y~ May ,19 96 , RrmTnri~ ~ Harris Co~, T~ ~ ~y ~ ~t ~ follo~ b a ~ ~ ~1 v~ ~v~ by ~ ~~ ~d yore ~v~ totals include early roans votes by precinct _r~__'_ved usder section 8'/.1231 or the Te~s Eleclion Code. N~ne 04' Office/ No, me or CtndJdtte or !~)position Total Votes Received PROP. # 47 PROP. # 48 PROP. #-49 PROP. # 50 ~ PROP. # 51 PROP. # 52 PROP. # 53 PROP. # 54 PROP. # 55 PROP. # 56 PROP. # 57 PROP. # 58 FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST DATED, this ~y of Mav 5 of Prtscr/bed by Secrt~'y of Sute Sect~m e?.e0~b~2L g~.lM!, T~ ~ Cede Page ~UMMM~Y ELECTION DAY I, theundefiilned, thepresidinlofiieerol'thee~n,~,inlm~tyfor City of Pearland Ele:t~on,~donthe 4th ~y~ May ,19 96 , Brazoria & Harris Texas do hereby certify that the f'ollowinf is m tot~l'~ all votes Feeeived by tach ctndid~te and votes tad 'qaimt' eath nmmm u sho~ by tim [mtim~ rtm'u. ! furthu' ~ tht tht folio.in; vott totals indude ~ ~ vom~ precinct r~nived undo' nt~ion 8';.1231 dth Texm Election Code. Name N~M d Caadidm Total Vot~ Ret~ived 6 of or Proposition PROP. # 59 PROP. # 60 PROP. #-61 PROP. # 62 PROP. # 63 PROP° # 64 PROP° # 65 PROP. # 66 PROP. # 67 PROP. # 68 PROP. # 69 PROP. # 70 FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST /ooi DATED, ~ _ . ~my d May 96. Prucr(bed by Secrt, tary of SLate h i~.J0(b)O), rL!l.tl, Tuh C~Mk 993 Page 7 of SUMM~d~Y OF P~ R~rru~.IN~ ELECTION DAY I, the unde~igned, the presiding o~cer o~ the ~mnvmsslng mmbority For City of Pearland E!ection, heldonthe 4th day of' May ,19 q6 , Brazoria & Harris C~mby, Texas do hereby certify that the following is · tottl o1' all votes received by each ctmdidate and votes reeeived 'tom" mini 'ngsimi' e,~ measure as shown by the precinct mmtu~. ! further certify that the followins vote totals include early voting votes by precinct received under section 8';.L231 or the Tmas Election Code. Name or OfTice/ Tobd Votm it PROP. # 71 PROP. # 72 PROP. #' ~73 PROP. # 74 PROP. # 75 PROP. # 76 PROP. # 77 FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST DATED,~b~y~'May ,1~ 96 M~n9- ! .FM ~ Pre~:ribed by Secr~. of State Smc~ ~?.~m)(~). [7.1231. T~stm I~ C04e 9/93 EXHIBIT "D" Page SUI~O,LqRY OF PRECINCt RETURNS OVERALL RESULTS I, theunder~i~ned, the presidin~ officer of the canvassin~ authorlty for City of Pearland Eiection, hetdonthe 4t___~_h dayoF May ,19 96__..~._, Brazoria & Harris Count), Texas do hereby en-6fy that the Following is · total of all votes re~ived by each candidate and votes received "for' and "afainst' ~ch measure as shown by the precinct returm. I further eertify that the following vote totals include early votin[ votes by precinct received under section ~.l~l of the Texas Election Code. Name ,d Office/ Name of Candidate Totzl Votes Received i of COUNCILMEMBER POSITION LARRY WILKINS ~/~ THREE (3) CHIP HOSEK DAVID LOUWERSE PROP. ~ 10 FOR -] DA~D,~~~y~ May ,19 96 . Prescribed by Secrecy. of ~t. S~rl~om &?.~O(k)(~), R'/.1131, Teus ~ Code Page OVERALL RESULTS i, ~ unde-si~ned, tim pr~idin~ olTic~' o1' ti~ cmv~ssi~ aut~ri~ let City of Pearland E!ection, heldonthe 4th d~yo~ May ,19 96 , Brazoria & Harri.~ Count~, Texas do hereby certify tht the f'oilowinf is a total or all votes received by each candidate and votes received 'for" m,d 'q~mt' e~ m~sure ~s shown by the I~'ecinct ree~m. I furtl~ cer~ tht the fofiowin~ vote totals include early votin~ votes by precinct received und~ section 8'/.1231 ol' the Testa Election Code, Name or ottic~ Total Votes Received or !h~)posi~n 2of7 PROP. # 11 FOR AGAINST AGAINST PROP. # 14 FOR AGAINST PROP. # 15 FOR PROP. ~ 21 FOR DATED, fids ~kly or May ,1~ 96 W!~-I .FM Prucr4b~ by Secr~if'y of ~3t~- Sec6ms 67.00(b)(2), r7,~231. Tins i2ec6oe Code Page 3 of SUMMARY OF FRECINCF RFFURNS OVERALL RESULTS l, the underned, the presidir~ of Tieer oF the ean, assin~ author4ty for C i ty of Pearland E!ection, heldonthe 4thd~yoF May ,19 96 , Bra7oria ~ Narris Counby, Texas do hereby certi~ tlut the followinI is · tom of' ill votes received by etch c~mdidate find votes received 'for' and "qninst' each measure as shown by the pr~inct tet~rm. I furtha- ce'tif~ that the foilowin~ vot~ totals include eur~ vo~tn8 rots by pFecinct _r~__'~ved under section 8'/.19.31 OF the Texas Ek~on Code. Name OF Cm~didate ToM Votes Reedveal or Proposition PROP. # 23 PROP. # 24 PROP. #2.5 PROP. # 26 PROP. # 27 PROP. # 28 PROP. # 29 PROP. # 30 PROP. # 31 PROP. # 32 PROP. # 33 PROP. # 34 FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST DATED, this __ ~--~y or May Presiding' Offic~ ,19 96 Wl~.t ArM Presc~bed by Secr~a~ uf ~ &?.~0(b}(2), r/.1231, Te~s ~m6om Code Page ~n~u~Y oF ~ R~'!'URNS OVERALL RESULTS i, the undersigned, the presidin~ oflleer oF the ean.assi~ mutborlt~ For C i ty of Pea rl and £1ecfion, beldo.~ 4th dayof May ,19 96 , Brazoria & Harris Count, Texas do hereby certify that the following is a total of all votes received by each candidaM and votes received 'for' and 'Mainst* each measure as shown by the precinct retro'us. I further certify that the fo!lowin~ vote totals include early voting votes by precinct received under section 87.12.31 of the Testas Election Code. Name of Offi~ Name of Candidate Total Votes Received or Proportion PROP. # 35 PROP. # 36 PROP. # 37 PROP. # 38 PROP. # 39 PROP. # 40 PROP. # 41 PROP. # 42 PROP. # 43 PROP. # 44 PROP. # 45 PROP. # 46 FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST Presidir~,.Of~cer 4 of W~-! .FM ,~ Secfiom &?.~O(b)(2). gT.l~!. T~sm Eiet'fiom Code Page SUMMARY OF FRgCINCT RL'rlJIU~ OVERALL RESULTS !, the undersigned, the presidln~ ofllce~ or the cuT~ssini authority for City of Pearl and Election, heldonthe 4th dayof May ,19 96 , RraTnria ~ Harris County, Texas do hereby certify that the following is a total of all votes received by each candidate and votes received 'for" and 'against' each measure as shown by the precinct returns. ! further certify that the foilowin~ vote totals include early votint votes by precinct received under section 8"/.1231 of the Teaas Election Code. Name Name of Candidate Total Votes Received or Prolx~ition 5 of PROP. # 47 PROP. # 48 PROP. #. 49 PROP. # 50 PROP. # 51 PROP. # 52 PROP. # 53 PROP. # 54 PROP. # 55 PROP. # 56 PROP. # 57 PROP. # 58 FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST DATED, this ~day of Ma¥ Wl~.l .IrM ~ Prescribed by Secr~,~r~ of State Secti~m &?.~(b)(~), r/,!~31, Ttzaa []ec6~ C~de m~3 Page 6 of SUM]~KRY OF~RL~tmtNS OVERALL RESULTS !, the undersigned, the pr~sidin~ ofrmer of the ~anva~in~ authority for City of Pearl and Election, heldonthe 4th L~L~y~P May ,19...96 , Brazoria & Harris Count, Texas do hemeby certify that the following is a toLM of all votes _r,~___'ved by each candidate and votes received "for" and "qninst" ench measur~ as shown by the precinct r~urns. 1 furthe~ ~ tht the followin[ vo~ totsds include e~!y votin~ vows by precinct _re~___'ved undo' section 8'/.1231 of the Tesas Election Code. Name OF Off~ Name oF Candidate Total Voids Received or !'ropesi~ion PROP. # 59 FOR PROP. #-61 FOR PROP° # 64 FOR AGAINST /~~~ PROP° # 65 FOR AGAINST DA~:D, this~day OF Ma.¥ , It 96. Pr~c~,d by Secrx,~-y of State Page 7 of SUMMARY OF PRECINCT RETURNS OVERALL RESULTS !, the umde~igned, ~he presidi~ o~ of ~ ~,~ au~ for C i ty o f Pea rl and ~l~o~d~ 4th ~y~ May ,19 q6 , Brazoria & Harris C~, T~ ~ ~y ~ ~t ~ follo~ ~ a ~ ~ ~1 v~ ~v~ by ~ ~~ ~ v~ ~v~ "f~" ~ "~" ~ ~ ~ ~ by ~ p~ ~. ! f~ ~ ~t ~ f~ v~ ~ ~ ~y v~ v~ by ~ ~v~ ~ ~ ~.~1 d ~ T~ ~ C~ Name ot Office/ To~al Votm Received PROP, # 71 PROP. # 72 PROP. # '73 PROP. # 74 PROP. # 75 PROP. # 76 PROP. # 77 FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST DATED, t!~'~day d May ,19 96