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R86-12 04-07-86RESOLUTION NO. R86-1= 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' AND SPECIAL ELECTIONS HELD IN THE CITY OF PEARLAND, TEXAS, ON APRIL 5, 1986. On this the 7th day of April, 1986, the City Council Of the City of Pearland, Texas, convened in Special Session open to the public at the regular meeting place thereof with the following members present, to-wit: Tom Reid A1 Lentz Richard Tetens James E. Bost Dennis Frauenberger Terry Gray Kay Krouse Mayor Council Position One Council Position Two Council PoSitiOn Three Council Position Four Council Position Five City Secretary/Clerk and the following absent: constituting a quorum, and following: Councilman Order and moved its Tetens the Bone , among other proceedings had were the AYES: Councilman Lentz, Councilman Tetens, Councilman Frauenberger and Councilman Gray The Resolution is as follows: B0st introduced a Resolution and adoption. The motion was seconded by Councilman , and the motion carried with the adoption of Resolution and Order prevailed by the following vote: Bost, Councilman NAYS: None WHEREAS, 5th day of April, which the filling there were held in the City of Pearland, Texas, on the 1986, Regular and Special Municipal Elections at Of the offices of Member of the Council Position Number One and Member of the Council Position Number Five were submitted to a vote of the duly qualified resident electors of said City, and at which Four (4) proposed amendments to the Home Rule Charter of the City Of Pearland, Texas, were submitted to a vote of 1 the duly qualified resident electors of said City. WHEREAS, at this Special Meeting of the City Council of the City of Pearland, on April 7, 1986, after date of said election, being the first meeting of the City Council to be held since said election at which returns of said elections 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 elections described were duly called and notice thereof given in accordance with law; that said elections were held in the manner required by law; that due returns of said elections have been made by the proper officers; and it appearing from said returns, duly and legally made, that there were cast at such elections 1047 valid and legal votes~ and that said elections resulted in the following vote totals: FOR MEMBER OF THE COUNCIL POSITION NUMBER ONE NAME OF CANDIDATE STELLA ROBERTS BENNY FRANK TOTAL NUMBER OF VOTES RECEIVED 659 361 FOR MEMBER OF THE COUNCIL POSITION NUMBER FIVE NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED CHARLES MACK 712 ADDITION OF PROPOSED CHARTER AMENDMENTS AMENDMENT NO. 1 SUBSECTION (d) TO SECTION 4.01 FOR AGAINST 567 418 2 DELETION OF SENTENCE AMENDMENT NO. 2 SEVEN (7) FROM PARAGRAPH (1) OF FOR 639 AGAINST 334 SECTION 4.09 DELETION OF LAST AMENDMENT NO. 3 SENTENCE FROM PARAGRAPH TWO FOR AGAINST (2) OF SECTION 4.09 630 336 AMENDMENT NO. 4 AMENDMENT OF SECTION 4.11 FOR AGAINST 595 369 That the City Council officially and affirmatively Section II. of the City of Pearland, Texas, hereby declares that the results as shown above are the real and true results of the election held on April 5, 1986, within the City of Pearland, Texas, that the candidate elected for Member of the Council Position Number One is declared to be Stella Roberts, and that the candidate elected for Member of the Council Position Number Five is declared to be Charles Mack, and said above parties are hereby declared duly elected to said respective offices, subject to taking of their oaths and filing bond 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 the adoption of the following Amendments to the Home Rule Charter of the City of Pearland, as a result of said election, and that the following Articles so adopted and/or amended shall hereafter read as follows: ARTICLE 4, SECTION 4.01 CITY MANAGER (d) Assistant City Manager The City Manager, with the approval of the City Council, may appoint an Assistant City Manager who shall be the administrator of all Departments which are directly answerable to the City Manager, with the exception of those Departments administered by the Director of Public Works. Such Assistant City Manager shall have all of the powers and duties of the City Manager in the event of the absence or disability of the City Manager. ARTICLE 4, SECTION 4.09 VOLUNTEER FIRE DEPARTMENT The City Council may establish and maintain a Volunteer Fire Department and may procure fire engines and other apparatus for the extinguishment of fires, for salvage and rescue operations and provide engine houses authorize the companies so provided for, may elect its and funds for maintenance and operation and shall forming of fire fighting companies as required. The organized, the Chief and such assistants as may be shall constitute the Fire Department. The Department own members and officers. The officers shall be chosen as said Department may determine. All officers so elected shall be commissioned by the Mayor. Said Department may adopt their own constitution and by-laws not inconsistent with this Charter or the City ordinances. Said Department shall take the care and management of the engines and other implements and apparatus provided and used for fighting fires and for salvage and rescue operations. The City Council shall enter into an agreement with members of the Volunteer Fire Department for the protection of the City from fire on such conditions as to financial assistance and the observance of such regulations as the City Council shall prescribe. ARTICLE 4, SECTION 4.11 DEPARTMENT OF PUBLIC ~AFETY The City Council may appoint a Safety Department which shall be an advisory coordinating committee in the matter of Public Safety. Such committee will then consist of an odd number of members, who shall be either employees of, or shall reside in the City of Pearland. 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 in the 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 the return of said posting shall be attached to the minutes of this meeting and shall be made a part thereof for all intents and purposes. 1986. PASSED, APPROVED AND ADOPTED this the 7th day f April, A. D., Mayor ATTEST: APPROVED AS TO FORM: Y Y --ELECTION RESULTS P.,Ue 3 0 3 ELECTION REPORT TYPE I ! CUMULATIVE i PRECINCT PEARLAND CITY OFFICERS AND CHARIER AMENDMENT ELECTION CUMULATIVE APRIL 5, 1986 VOTING VOTING VOTES/BALLOTS PERCENTAGE TO BE POSITION POSITION CAST ELECTED TIME AND PRECINCT 9 0 9 2 1 NUMBER OF BALLOTS 1 0 4 7 MEMBER OF COUNCIL POSITION 1 VOTE FOR 1 1 STELLA ROBERTS 32 032., 659 64 .6 01 BENNY FRANK 33 0 3 3 3 6 1 3 5 .4 0 2 MEMBER OF COUNCIL POSITION 5 1 CHARLES MACK 35 .03 5 7 1 2 1 0 0 . 0 1 PROPOSED AMENDMENT NO. 1 1 FOR 54 054 567 57 .6 01 AGAINST 55 .055 4 1 8 42 .4 02 PROPOSED AMENDMENT NO. 2 1 FOR 75 075 639 65 e7 01 AGAINST 76 .076 334 34 .3 02 PROPOSED AMENDMENT NO. 3 1 FOR 94 094 630 6 5 .2 01 AGAINST 95 095 336 34 .8 02 PROPOSED AMENDMENT NO. 4 . 1 FOR 113 1 13 595 61 .7 01 AGAINST 114 1 1 4 3 6 9 3 8 .3 0 2 00 I, the undersigned, the presiding judge for Central Counting Station, do hereby certify that electronic voting equipment was used in said election and that the ballot cards for said election were tabulated on automatic tabula- ting equipment at the Central Counting Station designated for said Election and that said automatic tabulating equipment produced a printed record of said tabulation and said printed record for said election precinct No. is attached hereto and made a part hereof for all intents and purposes, and that said Poll List for said election shows that a total of voters voted at said election. I further certify that the combined above-mentioned printed record and above listed write-in votes is a true and correct return in said precinct for said election. Dated this the 5TH day of APRIL , A.D., 19 86 . Presiding Judge Form 6168 (SA2-13-76) -ELECTION RESULTS Page 2 of 3 ELECTION REPORT TYPE i : CUMULATIVE PRECINCT PEARLAND CITY OFFICERS AND CHARTER PEARLAND HIGH SCHOOL AMENDMENT ELEC`i'ION APRIL 5, 1986 VOTING VOTING VOTES/BALLOTS PERCENTAGE TO BE POSITION POSITION CAST ELECTED TIME AND PRECINCT 9 : 0 9 1 NUMBER OF BALLOTS 9 8 8 MEMBER OF COUNCIL POSITION 1 VOTE FOR 1 1 STELLA ROBERTS 32 0 3 2 6 1 5 6 4 .0 O 1 BENNY FRANK 33 0 3 3 3 4 6 3 6 .0 0 2 MEMBER OF COUNCIL POSITION 5 1 CHARLES MACK 35 0 3 5 6 6 3 1 0 0 0 1 PROPOSED AMENDMENT NO. 1 1 FOR 54 05.4 52.7 56 .9 01 AGAINST 55 05.5 400 43 .1 02 PROPOSED AMENDMENT NO. 2 i- FOR 75. .075 594 64 .9 01 AGAINST 76 0 7 6 3 2 1-- 3 5 . 1 0 2 PROPOSED AMENDMENT NO. 3 • 1 FOR 94 094 582 64 .1 - 0 1 AC,ATNST 95 0 9 5 3 2 6 3 5. .9 0 2 PROPOSED AMFNflMFNT NO_ 4 1 FOR 113. 1 1 3 5 6 0 6 1 .7 0 1 AnATNST 114 1 1 4 347 38 .3 02 9 : 09 1 1 + 2 + + 988 r- • .+ 1 047 -- -. 0 0 I I . I I, the undersigned, the presiding judge for Central Counting Station, do hereby certify that electronic voting equipment was used in said election and that the ballot cards for said election were tabulated on automatic tabula- ting equipment at the Central Counting Station designated'• for said Election and that said automatic tabulating equipment produced a printed record of said tabulation and said printed record for said election precinct No._ is attached hereto and made a part hereof for all intents and purposes, and that said Poll List for said election shows that a total of voters voted at said election. I further certify that the combined above-mentioned printed record and above listed write-in votes is a true and correct return in said precinct for said election. Dated this the5TH day of APRIL , A.D., 19 86 . Presiding Judge Form 6168 (SA2-13-76) ELECTION RESULTS I Page 1 of 3 ELECTION REPORT TYPE CUMULATIVE PRECINCT PEARLAND CITY OFFICERS AND CHARIER AMENDMENT ELECTION ABSENTEE APRIL 5, 1986 VOTING VOTING VOTES;BALLOTS PERCENTAGE TO BE POSITION POSITION CAST ELECTED TIME AND PRECINCT 8 : ..5 7 7 0 , 1 -_ NUMBER OF BALLOTS 5 9 MEMBER OF COUNCIL POSITION 1 VOTE FOR 1 1 STELLA ROBERTS 32 ,0.3. 2 4 4 7 4 .6 0 1 BENNY FRANK 33 p.3 3 1 5 2 5 .4 0 2 MEMBER OF COUNCIL POSITION 5 1 CHARLES MACK 35 0 3 5 4 9 1 0 0 . 0 1 PROPOSED AMENDMENT NO. 1 1 FOR 54 I '054 40 69 .0 01 AGAINST 55 0 5 5 1 8 3 1 e 0 0 2 PROPOSED AMENDMENT NO. 2 1 FOR 75 0.7 5• - 4,5 7 7 .6 0 1 AGAINST 76 076 1.3 22 .4 02 PROPOSED AMENDMENT NO. 3 1 FOR 94 0.9.4. 48 82 .8 0 1 . AGAINST 95 .0 9 5 1 0 1 7 .2 0 2 PROPOSED AMENDMENT NO. 4 1 - FOR 113 1 1 3 3 5 6 1 .4 0 1 AGAINST 114 1 1 4 22 38 .6 02 . 8 : 57 70 1,+ 1 + + 59 + 59 00 • F • I, the undersigned, the presiding judge for Central Counting Station, do hereby certify that electronic voting equipment was used in said election and that the ballot cards for said election were tabulated on automatic tabula- ting equipment at the Central Counting Station designated for said Election and that said automatic tabulating equipment produced a printed record of said tabulation and said printed record for said election precinct No. is attached hereto and made a part hereof for all intents and purposes, and that said Poll List for said election shows that a total of voters voted at said election. I further certify that the combined above-mentioned printed record and above listed write-in votes is a true and correct return in said precinct for said election. Dated this the._5TH day of APRIL , A.D., 19 86 . Presiding Judge Form 6168 (SA2-13-76)