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R98-38 05-11-98RESOLUTION NO. R98-38 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION AND SPECIAL ELECTION HELD IN THE CITY OF PEARLAND, TEXAS, ON MAY 2, 1998. WHEREAS, there was held in the City of Pearland, Texas, on the 2nd day of May, 1998, a City General Election and Special Election at which the offices to be filled for Member of the Council, Position No. One (1), and Member of the Council, Position No. Five (5), along with six (6) 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 5, 1998, 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 1447 valid and legal votes; and that said election resulted in the following vote totals: FOR MEMBER OF THE COUNCIL, POSITION NUMBER ONE NAME OF CANDIDATE NUMBER OF VOTES RECEIVED PERCENTAGE Helen W. Beckman 898 100 % FOR MEMBER OF THE COUNCIL, POSITION NUMBER FIVE NAME OF CANDIDATE Kevin Cole Klaus W. Seeger NUMBER OF VOTES RECEIVED 567 843 PERCENTAGE 40.21% 59.79 % PROPOSED CHARTER AMENDMENTS AMENDMENT NO. 1 AMENDING SECTION 3.10 FOR AMENDING SECTION 5.01 AMENDMENT NO. AMENDMENTNO. AMENDING SECTION 6.03 AGAINST 2 FOR AGAINST 3 FOR AGAINST 618 562 888 456 838 496 REPEALING SECTION 6.12 AMENDING SECTION 6.08 AMENDING SECTION 8.10 AMENDING SECTION 8.17 AMENDMENT NO. 4 That the City Council FOR 864 AGAINST 454 AMENDMENT NO. 5 FOR 536 AGAINST 793 AMENDMENT NO. 6 FOR 455 AGAINST 855 SECTION II. 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 2, 1998, within the City of Pearland, Texas, that the candidate elected for Member of the Council, Position Number One (1) is declared to be HELEN W. BECKMAN and the candidate elected for Member of the Council, Position Number Five (5) is declared to be KLAUS W. SEEGER, 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 Amendment Numbers 1 through 4 passed and Amendment Numbers 5 and 3 6 failed (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 as a result of said election. SECTION IV. The following Exhibits B, C, and D (Election Results) are attached hereto and made a part hereof by reference. 1998. PASSED, APPROVED, ADOPTED, and ORDERED this Tom Reid Mayor 1! th day of May, A.D., ATTEST: Y~ob~g Lorfi. i.i~ , / /.,/ APPROVED AS TO FORM: Darrin M. Coker Interim City Attorney LitimmL__J "'PROPOSED AMENDMENT NO. 1 This amendment allows the City Council to vote upon ordinances and resolutions by consent agenda, and deletes the requirement of reading captions, so long as the official number assigned to the ordinance or resolution is read aloud. THE AMENDMENT OF the Pearland Charter, Section 3.10, PROCEDURES F•R PASSING OF ORDINANCES OR RESOLUTIONS, to read as follows: '...The reading aloud of the title—and—caption—of official number assigned to the ordinance or resolution by the city secretary shall suffice as a reading, provided printed copies of the ordinance or resolution in the form required for adoption are available to all members of the city council and a reasonable number of additional copies are available to all interested citizens present at the session. The city council may address selected items by consent agenda in the absence of any objection by council. ...' [underlined portions ADDED; stricken portion DELETED] PROPOSED AMENDMENT NO. 2 This amendment establishes the City's annual election dates in accordance with state law. THE AMENDMENT OF the Pearland Charter, Section 5.01, REGULAR ELECTIONS, to read as follows: City elections shall be held at a time established by state law.' [underlined portion ADDED; stricken portion DELETED] PROPOSED AMENDMENT NO. 3 This amendment corrects information required in a recall petition, in accordance with state law. THE AMENDMENT OF the Pearland Charter, Section 6.03, PETITION FOR RECALL, to read as follows: egiLZIROPOSED AMENDMENT NO. f' ,` This amendment clarifies the City Manager's authority to transfer appropriations among line items within the same department without prior Council approval, so long as the total department budget is not affected and the City Council is notified of such transfers. THE AMENDMENT OF the Pearland Charter, Section 8.17, PURCHASE PROCEDURE, to ADD language as follows: '...Nothing herein shall prohibit the city manager or his designee from transferring part or all of any unencumbered appropriation balances among programs within a department or organizational unit during the fiscal year without prior approval of city council, so long as the total department budget is not affected and such transfers are reported to the city council within seven (7) days of said transfer.' ). ACCUMULATED TOTAL:PEARLAND CITY ELECTION Page 1 EXHIBIT 21:27:40 2-May-1998 �� /, CITY,SCHOOL,HOSPITAL,DRAINAGE DIST. AND WATERSHED DIST. ELECTIONS /.0 BRAZORIA COUNTY, TEXAS - MAY 2, 1998 /� --- Total Pct Total Pct Precincts Counted - TOTAL 2 20.00 Ballots Cast - TOTAL • 1,447 PEARLAND CITY MUNICIPAL OFFICER ELECTION - COUNCILMEMBER,POSITION 1 HELEN W. BECKMAN 898 100.00 Total 898 100.00 COUNCILMEMBER,POSITION 5 KEVIN COLE 567 40.21 • KLAUS W. SEEGER 843 59.79 () Total 1,410 100.00 PROPOSED AMENDMENTS NO.1-SEC.3.10,PROCEDURES.FOR PASSING ORDINANCES..TO READ AS FOLLOWS "THE READING ALOUD OF THE OFFICIAL NUMBER.... FOR 618 52.37 AGAINST 562 47.63 Total 1,180 100.00 • NO.2-SEC.5.01,REGULAR ELECTIONS SHALL BE HELD AT A TIME ESTABLISHED BY LAW FOR 888 . 66.07 • AGAINST 456 • 33.93 Total 1,344 100.00 NO.3-SEC.6.03,PETITION FOR RECALL,TO READ AS FOLLOWS:THE 'PRINTED NAME OF EACH SIGNER MUST APPEAR ON PETITION.... FOR 838 - 62.82 AGAINST 496 - 37.18 Total 1,334 100.00 NO.4-REPEALING SEC.6.12,FAILURE OF COUNCIL TO CALL AN ELECTION,AND AMEND SEC.6.08, ELECTION TO BE CALLED.... FOR 864 65.55 AGAINST 454 - 34.45 Total 1,318 100.00 NO.5-SEC.8.10,DATE OF FINAL ADOPTION TO READ AS FOLLOWS- THE BUDGET SHALL BE..ADOPTED NO LATER THAN 15 DAYS.... FOR 536 40.33 AGAINST 793 • 59.67 Total 1,329 100.00 NO.6-SEC.8.17-PURCHASE PROCEDURE TO ADD LANGUAGE .. NOTHING HEREIN SHALL PROHIBIT CITY MANAGER FROM... FOR 455- 34.73 AGAINST 855• 65.27 Total • 1,310 100.00 ACCUMULATED TOTAL:PEARLAND CITY ELECTION Page 2 21:27:40 2-May-1998 CITY,SCHOOL,HOSPITAL,DRAINAGE DIST. AND WATERSHED DIST. ELECTIONS BRA20RIA COUNTY, TEXAS - MAY 2, 1998 We, the undersigned, certify that the above results ere true end correct. Signed: 9/:1-1ateirg4141' C.) C• 0546 EARLY VOTING-PEARLAND CITY Page 1 21:19:39 2-May-1998 EXHIBIT CITY,SCHOOL,HOSPITAL,DRAINAGE DIST. AND WATERSHED DIST. ELECTIONS BRAZORIA COUNTY, TEXAS - MAY 2, 1998 t ii Posn—Count Pct Posn—CountPct — Ballots Cast - TOTAL 292 PEARLAND CITY MUNICIPAL OFFICER ELECTION COUNCILMEMBER,POSITION 1 HELEN W. BECKMAN 7 178 100.00 Total 178 100.00 COUNCILMEMBER,POSITION 5 KEVIN COLE 9 128 44.44 KLAUS W. SEEGER 10 160 55.56 Total 288 100.00 PROPOSED AMENDMENTS NO.1-SEC.3.10,PROCEDURES FOR PASSING ORDINANCES..TO READ AS FOLLOWS "THE READING ALOUD OF THE OFFICIAL NUMBER.... FOR 37 156 66.38 AGAINST 38 79 33.62 Total 235 100.00 NO.2-SEC.5.01,REGULAR ELECTIONS SHALL BE HELD AT A TIME ESTABLISHED BY LAW FOR 49 201 74.44 AGAINST SO 69 25.56 Total 270 100.00 NO.3-SEC.6.03,PETITION FOR RECALL,TO READ AS FOLLOWS:THE PRINTED NAME OF EACH SIGNER MUST APPEAR ON PETITION.... FOR 71 193 72.56 AGAINST 72 73 27.44 Total 266 100.00 NO.4-REPEALING SEC.6.12,FAILURE OF COUNCIL TO CALL AN ELECTION,AND AMEND SEC.6.08, ELECTION TO BE CALLED.... FOR 89 193 72.56 AGAINST 90 73 27.44 Total 266 100.00 NO.5-SEC.8.10,DATE OF FINAL ADOPTION TO READ AS FOLLOWS- THE BUDGET SHALL BE..AOOPTED NO LATER THAN 15 DAYS.... FOR 108 123 46.59 AGAINST 109 141 53.41 Total 264 100.00 NO.6-SEC.8.17-PURCHASE PROCEDURE TO ADD LANGUAGE .. NOTHING HEREIN SHALL PROHIBIT CITY MANAGER FROM... FOR 125 113 43.46 AGAINST 126 147 56.54 Total 260 100.00 N 0566 EARLY VOTING-PEARLANO CITY Page 2 21:19:39 2-May-1998 CITY,SCHOOL,HOSPITAL,DRAINAGE DIST. AND WATERSHED DIST. ELECTIONS BRA2ORIA COUNTY, TEXAS - MAY 2, 1998 We, the undersigned, certify that the above results are true and correct. Signed: C) /14 eira#14 • r • f , 0046 PEARLANDCITY-KNAPP ACTIVITY Page 1 EXHIBIT 21:27:08 2-May-1998 / CITY,SCHOOL,HOSPITAL,DRAINAGE GIST. AND WATERSHED DIST. ELECTIONS .� D BRAZORIA COUNTY, TEXAS - MAY 2, 1998 Posn—Count Pet Posn—Count Pct Ballots Cast - TOTAL 1,155 PEARLANO CITY MUNICIPAL OFFICER ELECTION COUNCILMENBER,POSITION 1 HELEN W. BECKMAN 7 720 100.00 Total 720 100.00 COUNCILMEMBER,POSITION 5 KEVIN COLE 9 439 39.13 KLAUS W. SEEGER 10 683 60.87 Total 1,122 100.00 PROPOSED AMENDMENTS N0.1-SEC.3.10,PROCEDURES FOR PASSING ORDINANCES..TO READ AS FOLLOWS "THE READING ALOUD OF THE OFFICIAL NUMBER.... FOR 37 462 48.89 AGAINST 38 483 51.11 Total 945 100.00 NO.2-SEC.5.01,REGULAR ELECTIONS SHALL BE HELD AT A TIME ESTABLISHED BY LAW FOR 49 687 63.97 AGAINST 50 387 36.03 Total 1,074 100.00 NO.3-SEC.6.03,PETITION FOR RECALL,TO READ AS FOLLOWS:THE PRINTED NAME OF EACH SIGNER MUST APPEAR ON PETITION.... FOR 71 645 60.39 AGAINST 72 423 39.61 Total 1,068 100.00 N0.4fREPEALING SEC.6.12,FAILURE OF COUNCIL TO CALL AN ELECTION,AND AMEND SEC.6.08, ELECTION TO BE CALLED.... FOR 89 671 63.78 AGAINST 90 381 36.22 Total 1,052 100.00 NO.5-SEC.8.10,DATE OF FINAL ADOPTION TO READ AS FOLLOWS- THE BUDGET SHALL BE..ADOPTED NO LATER THAN 15 DAYS.... FOR 108 413 38.78 AGAINST 109 652 61.22 Total 1,065 100.00 NO.6-SEC.8.17-PURCHASE PROCEDURE TO ADD LANGUAGE .. NOTHING HEREIN SHALL PROHIBIT CITY MANAGER FROM... FOR 125 342 32.57 AGAINST 126 708 67.43 Total 1,050 100.00 • 0046 PEARLANO CITY-KNAPP ACTIVITY Page 2 21:27:08 2-Nay-1998 CITY,SCHOOL,HOSPITAL,DRAINAGE DIST. AND WATERSHED DIST. ELECTIONS BRAZORIA COUNTY, TEXAS - NAY 2, 1998 A We, the undersigned, certify that the above results are true and correct. r- Signed: • (iY4,u_w 0 r