Ord. 0469 02-27-84ORDINANCE NO. 469
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
ORDERING A SPECIAL ELECTION TO BE HELD ON THE 7TH DAY OF APRIL,
1984; DESIGNATING THE HOURS AND PLACE FOR HOLDING SUCH ELECTION
AND PROVIDING FOR SUBMISSION TO THE VOTERS OF CERTAIN PROPOSED
CHARTER AMENDMENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
That the following 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, at the same time and places of the Regular City Election
to be held on April 7, 1984, pursuant to applicable provisions of
the Home Rule Charter and applicable statutes of the State of
Texas, and that the following portions of the Charter of the City
of Pearland are proposed to be amended to read as follows:
For or Against the following proposed amendments:
Proposed Amendment No. 1
That subsection (e) of Section 3.01 of Article 3 of the
Charter of The City of Pearland, Texas, which presently reads as
follows:
"(e) Councilmen shall be limited to two full consecutive
elected terms of office and there shall be no limitation
on the office of the mayor."
be hereafter deleted from the Charter of The City of Pearland,
Texas, in its entirety.
Proposed Amendment No. 2
Section 4.04 of Article 4 entitled "Department of
Taxation," of the Charter of The City of Pearland, Texas, shall
hereafter read and provide as follows:
"Section 4.04. Department of Taxation.
"There shall be established and maintained a department
of taxation to determine effective tax rates and to collect
taxes. The City Manager, with the approval of the City
Council, shall appoint a city tax assessor and collector to
administer said department. The assessor and collector
shall perform the duties delegated to him by the City Manager
and those which may be imposed upon him by the laws of the
State of Texas. The assessor -collector shall give a surety
bond for the faithful performance of his duties including
compliance with all controlling provisions of the state law
bearing upon the functions of his office in a sum which
shall be fixed by the City Council."
Proposed Amendment No. 3
Section 8.19 of Article 8 entitled "Power to Tax," of
the Charter of The City of Pearland, Texas, shall hereafter read
and provide as follows:
"Section 8.19. Power to Tax.
"The City Council shall have the power, and is hereby
authorized to levy and collect an annual tax upon all real
and personal property within the City not to exceed the
maximum limits set by the Constitution and laws of the State
of Texas as they now exist, or as they may be amended."
Proposed Amendment No. 4
Section 8.20 of Article 8 entitled "Property Subject to
Tax, Method of Assessment," of the Charter of The City of Pearland,
shall hereafter read and provide as follows:
"Section 8.20. Property Subject to Tax; Rendition, Appraisal
and Assessment.
"All real and tangible and intangible personal property
within the jursidiction of The City of Pearland not expressly
exempted by law, shall be subject to annual taxation. The
method and procedures for the rendition, appraisal and
assessment of all real and personal property within the city
shall be in accordance with applicable provisions of the
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Property Tax Code of the State of Texas as now or hereafter
amended."
Proposed Amendment No. 5
That Section 8.21 of Article 8 entitled "Board of
Equalization; Appointment; Qualification," and Section 8.22 of
Article 8 entitled "Powers of Board of Equalization," and Section
8.23 of Article 8 entitled "Records of Board of Equalization," be
hereafter deleted from the Charter of The City of Pearland, Texas,
in their entirety.
Proposed Amendment No. 6
That Section 8.24 of Article 8 entitled "Taxes, when
due and payable," of the Charter of The City of Pearland, Texas,
shall be remembered as Section 8.21 and hereafter read and provide
as follows:
"Section 8.21. Taxes, when due and payable.
"All taxes due The City of Pearland shall be payable to
the office of the city assessor -collector on receipt of the
tax bill and shall be considered delinquent if not paid
before February 1. of the year following the year in which
imposed. The postponement of any delinquency date and the
amount of penalty, interest and costs to be imposed on
delinquent taxes shall be in accordance with applicable
ordinances, of The City of Pearland and the Property Tax Code
of the State of Texas."
Proposed Amendment No. 7
Section 8.25 of Article 8 entitled "Tax Liens," of the
Charter of The City of Pearland, Texas, shall be remembered as
Section 8.22 and shall hereafter read and provide as follows:
"Section 8.22. Tax Liens.
"(a) Except for such restrictions imposed by law, the
tax levied by the city is hereby declared to be a lien,
charge, or encumbrance upon the property upon which the tax
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is due, which lien, charge or encumbrance the city is entitled
to enforce and foreclose in any court having jurisdiction
over the same, and the lien, charge or encumbrance on the
property in favor of the city, for the amount of taxes due
on such property is such as to give the state courts juris-
diction to enforce and foreclose said lien on the property
on which the tax is due, not only as against any resident of
this state or person whose residence is unknown, but also as
against nonresidents. All taxes upon real estate shall
especially be a lien and a charge upon the property upon
which the taxes are due, which lien may be foreclosed in any
court having jurisdiction. The city's tax lien shall exist
from January 1st in each year until the taxes are paid, and
limitations as to seizures and suits for collection of taxes
shall be as prescribed by state law.
"(b) Except for such exemptions and restrictions im-
posed by law, all persons, associations, corporations, firms
and partnerships owning or holding personal property or
real property in The City of Pearland on January 1st of
each year shall be liable for city taxes levied thereon for
each year. The tangible personal property of all persons,
associations, corporations, firms or partnerships owing any
taxes to The City. of Pearland is hereby made liable for all
said taxes, whether the same be due upon personal or real
property or upon both."
"(c) All seizure and foreclosure proceedings shall be
commenced no later than two years after taxes first become
delinquent."
Proposed Amendment No. 8
Section 8.26 of Article 8 entitled "Tax Remissions,
Discount and Correction of Error," of the Charter of The City of
Pearland, Texas, shall be remembered and hereafter read and
provide as follows:
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"Section 8.23. Tax Remission and Discounts.
"Except as provided by state law, neither the City
Council nor any other official of the city shall ever extend
the time for payment of taxes nor remit, discount or compromise
any tax legally due the city, nor waive the penalty, interest
and costs that may be due thereon to or for any person,
association, corporation, firm or partnership owing taxes to
the city for such year or years."
Proposed Amendment No. 9.
Section 8.27 of Article 8 entitled "Issuance of Bonds,"
of the Charter of The City of Pearland, Texas, shall be renumbered
as Section 8.24 and the text and reading shall remain unchanged.
The above proposed Charter amendments shall be submitted
to the qualified electors -of The City of Pearland at the time and
in the manner required by law and in accordance with the procedure
otherwise employed in connection with the election of City offi-
cers. The Presiding Judge shall appoint two additional Clerks
to assist in the voting on the above proposed Charter amendments.
The City Secretary is hereby directed to cause notice
of the submission of said Charter amendments to be published in
the official city newspaper on two successive weeks, with the
date of the first publication to be not less than fourteen (14)
days prior to the date of the election, together with the complete
text of each proposed amendment.
In consideration of expense, brevity, and simplicity of
ballot, it is directed that the proposed Charter Amendments shall
appear and read on the ballot as follows:
FOR or AGAINST the following proposed Charter Amendments:
Proposed Amendment No. 1
Amendment of Article 3, Section 3.01(e), Number, Selec-
tion and Term, by deleting subsection (e) in its entirety
thereby removing the limitation on the term of office of
mayor and councilmen.
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Proposed Amendment No. 2
Amendment of Article 4,
Taxation, by rewording various
Section 4.04 so as to conform
State of Texas.
Section 4.04, Department of
sentences and paragraphs of
to the Property Code of the
Proposed Amendment No. 3
Amendment of Article 8, Section 8.19, Power to Tax, by
deleting and rewording of various sentences and paragraphs
of Section 8.19 so as to conform to the Property Code of the
State of Texas.
Proposed Amendment No. 4
Amendment of Article 8, Section 8.20, Property Subject
to Tax, Method of Assessment, by deleting and rewording of
various sentences and paragraphs of Section 8.20 so as to
conform to the Property Code of the State of Texas.
Proposed Amendment No. 5
Amendment of Article 8, Section 8.21, Board of Equal-
ization, Section 8.22, Powers of Board of Equalization, and
Section 8.23, Records of Board of Equalization, by deleting
all of the wording of Sections 8.21, 8.22, and 8.23, from the
Charter in conformity with the Property Code of the State of
Texas.
Proposed Amendment No. 6
Amendment of Article 8, Section 8.24, Taxes, When Due
and Payable, by renumbering said section as Section 8.21 and
rewording of various sentences and paragraphs of new Section
8.21 so as to conform to the Property Code of the State of
Texas.
Proposed Amendment No. 7
Amendment of Article 8, Section 8.25, Tax Liens, by
renumbering said section as Section 8.22 and rewording of
various sentences and paragraphs of new section 8.22 so as
to conform to the Property Code of the State of Texas.
Proposed Amendment No. 8
Amendment of Article 8, Section 8.26, Tax Remissions,
Discount and Correction of Error, by numbering said section
as Section 8.23 and rewording of various sentences and
paragraphs of new Section 8.23 soas to conform to the
Property Code of the State of Texas.
Proposed Amendment No. 9
Amendment of Article 8, Section 8.27, Issuance of Bonds,
by renumbering said section as Section 8.24, text of same to
remain unchanged, in accordance with numbering system of
Code.
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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 election.
PASSED AND APPROVED on FIRST READING this / 0 day
of ;
ATTEST:
Ray ,Kruse
Assistant City Secretary
, 1984.
ATTEST:
day of
Dorothy L.
City Secre
APPROVED AS TO FORM:
BOBS WILLIAMS,
Cif' ttorney
THE CITY OF PEARLAND, TE
nne
Thomas J. Reidayor
PASSED AND APPROVED on SECOND AND FINAL READING this
, 1984.
THE CITY OF PEARLAND,
T omas J. Rei',,rayor
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