Ord. 0438 02-22-82ORDINANCE NO. 438
AN.ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PEARLAND,.TEXAS, ORDERING AN ELECTION TO BE
HELD ON THE 3RD OF APRIL, 1982, 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 Regular City Election to be held on April 3, 1982, 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
Subsection (p) of Section 3.07 of Article 3 of the Charter of
the City of Pearland, Texas, shall hereafter read and provide as
follows:
"SECTION 3.07 - Powers of the City Council:
(p) All powers of this Charter shall be vested in the
City Council. The Council shall conduct all business
in official meetings held and called pursuant to the
provisions of the Charter and applicable laws of the
State of Texas. 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 City without the specific
authorization of the City Council in an official meeting."
Proposed Amendment No. 2
The first paragraph of Section 3.10 of Article 3 of the Charter
of the City of Pearland, Texas, shall hereafter read and provide as
follows:
"SECTION 3.10 - Procedure for Passing Ordinances:
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 days
from its publication in the official city newspaper of
the City of Pearland. 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 news-
paper of the City of Pearland at least once within ten (10)
days after the passage of said ordinance. He shall note on
every ordinance the caption of which is hereby required to
be published and on the record thereof, the fact that 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 regular sessions of the City
Council. The requirement of consideration and favorable
action on an ordinance at two regular sessions of the City
Council shall not apply, and only one reading at one 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 of all members of the City Council."
Proposed Amendment No. 3
Subsection (a) of Section 4.02 of Article 4 of the Charter of
the City of Pearland, Texas, shall hereafter read and provide as
follows:
"SECTION 4.02 - Department of Police:
(a) Chief of Police. The Chief of Police shall be the chief
administrative officer of the department of police. He shall
with the approval of the City Manager, appoint and remove the
employees of said department and shall perform such duties as
may be required of him by the City Manager. The Chief of
Police shall be appointed by the City Manager, with the
approval of the City Council, for an indefinite term. The Chief
of Police shall be responsible to the City Manager for the
administration of his department and the carrying out of the
directives of the City Manager. He may be removed from office
by the City Manager with the approval of the City Council."
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Proposed Amendment No. 4
Section 4.05 of Article 4 entitled City Treasurer, of the
Charter of the City of Pearland, Texas, shall hereafter read and
provide as follows:
"SECTION 4.05 - Department of Finance.
There shall be established and maintained a department of
finance to administer the financial affairs of the City.
The City Manager, with the approval of the City Council,
shall appoint a competent person as the Director of
Finance and such assistants as the City Manager and City
Council shall deem advisable. The Director of Finance
shall be the official City Treasurer, and 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."
Proposed Amendment No. 5
Section 8.17 of Article 8 of the Charter of the City of Pearland,
Texas, shall hereafter read and provide as follows:
"SECTION 8.17 - Purchase Procedure.
All purchases made and contracts executed by the City shall
be pursuant to a requisition from the head of the office,
department or agency whose appropriation will be charged,
and no contract or order shall be binding upon the City
unless and until the City Manager certifies that there is
to the credit of such office, department or agency a
sufficient unencumbered appropriation and allotment balance
to pay for thesupplies, materials, equipment, or contrac-
tual services for which the contract or order is issued.
All purchases made and contracts executed by the City shall
be made in accordance with the requirements of this Charter
and all applicable requirements of the Constitution and
Statutes of the State of Texas. All contracts for purchases
or expenditures must be expressly approved in advance by the
Council, except that the Council may by ordinance confer
upon the City Manager, general authority to contract for .
expenditures without further approval of the Council for all
budgeted items the cost of which do not exceed the constitu-
tional and statutory requirements for competitive bidding."
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 officers.
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
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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 3.07 (p) - Powers of
Council, by rewording subsection (P) to provide in
essence that Individual Council members shall have no
power to act, investigate, make appointments etc.,
without the authorization of City Council as a body.
Proposed Amendment No. 2
Amendment of Article 3, Section 3.10 - Procedure for
Passing Ordinances, by adding a provision allowing
passage of emergency ordinances at one regular or
special meeting of City'Council, relating to public
emergency affecting life,.health, property or the
public peace.
Proposed Amendment No. 3
Amendment of Article 4, Section 4.02 (a) - Chief of
Police, by providing that the Chief of Police shall
be responsible solely to the City Manager in carrying
out the directives of the City Manager.
Proposed Amendment No. 4
Amendment of Article 4, Section 4.05 — City Treasurer,
by changing the term City Treasurer to Department of
Finance, and further providing for the establishment of
a Department of Finance under the directive of a
Director of Finance who will also serve as City Treasurer.
Proposed Amendment No. 5
Amendment of Article 8, Section 8.17 - Purchase Procedure,
by providing that all purchases and contracts by the City
shall be made in accordance with the requirements of the
City Charter and applicable laws of the State of Texas.
That immediately after said election is held, the officers
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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 elec-
tion.
PASSED AND APPROVED. on First reading this `' day of
, A.D. 1982.
GYx�
Mayor, City of Pearland, Texas
ATTEST:
City Secrete
PASSED AND APPROVED on Second and Final reading this
day of
ATTEST:
74:
' y Secretary,
APPROVED AS TO FORM:
, A.D. 1982.
Mayor, City of Pearland, Texas
art