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R78-09 04-03-78RESOLUTION NO. 78-9 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF PEARLAND, TEXAS, ON APRIL 1, 1978. On this the 3rd day of April, 1978, 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: Carlton McComb Dennis Frauenberger Harry Farley Terry Gray Vacant Morris Wilson Dorothy L. Cook and the following absent: none Mayor Council Council Council Council Council Position Position Position Position Position One Two Three Four Five City Secretary/Clerk constituting a quorum, and among other proceedings had were the following: Councilman Farley introduced a resolution and order and moved its adoption. The motion was seconded by Councilman Gray , and the motion carried with the adoption of the resolution and order prevailed by the following vote, AYES: Councilman Frauenberger, Councilman Farley, Councilman Gray and Councilman Wilson , NAYS: None The resolution is as follows: WHEREAS, there was held in the City of Pearland, Texas, on the 1st day of April, 1978, a filling of the the Unexpired offices Term of of the duly qualified Regular and Special Municipal Election was held at which the of Mayor and City Council Position Number Three (3) and Council Position Number Four (4) were submitted to a vote resident electors of said City, and at which Five (5) proposed Amendments to the Home Rule Charter of the City of Pearland, Texas, were submitted to a vote of the duly qualified resident electors of said City; and WHEREAS, at this special meeting of the City Council of the City of Pearland, on April 3, 1978, 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 appearing from said returns, duly and legally made, that there were cast at said election 1,395 valid and legal votes; and that said election resulted in the following vote totals: FOR MAYOR NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED TERRY GRAY TOM REID FOR COUNCIL POSITION NO. THREE 466 896 FRAN COPPINGER 803 BENNY FRANK 137 CHARLES MACK 415 FOR COUNCIL POSITION NO. FOUR (Unexpired Term) CARLTON MC COMB 875 PROPOSED CHARTER AMENDMENTS AMENDMENT OF ARTICLE 3, SECTION 3.01 (e) FOR AGAINST AMENDMENT OF ARTICLE 3, SECTION 3.10 FOR AGAINST AMENDMENT OF ARTICLE 4, SECTION 4.11 186 490 677 370 FOR 895 AGAINST 167 AMENDMENT OF ARTICLE 4, SECTION 4.12 FOR 923 AGAINST 150 AMENDMENT OF ARTICLE 7, SECTION 7.03 FOR 827 AGAINST 175 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 April 1, 1978, within the City of Pearland, Texas, and that the candidate elected for Mayor is declared to be Tom Reid, and that the candidate elected for Council Position Three is declared to be Fran Coppinger, and the candidate elected for Council Position Four (Unexpired Term) is Carlton McComb, 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 declares that the Amendment to Article 3, Section 3.01 (e) of the Home Rule Charter failed and that this section remains unchanged, as a result of this election. Section IV. 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 shall hereafter read as follows: ARTICLE 3, 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 newspaper 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 the 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, revision 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 reading aloud of the title and caption of the ordinance shall suffice as a reading, provided printed copies of the ordinance, 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. Ordinances may be read in their entirety at the discretion` of a majority of the City Council. Every ordinance shall be authenticated by the signature of the Mayor and City Secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the Council. It shall only be necessary to record the caption or title of ordinances in the minutes or journal of Council meetings. The City Council shall have power to cause the ordinances of the City to be corrected, amended, revised, modified and printed in code form as often as the Council deems advisable, and such printed code, when adopted by the Council, shall be in full force and effect. Such printed code shall be admitted in evidence in all courts and places without further proof. ARTICLE 4, SECTION 4.11 - DEPARTMENT OF PUBLIC SAFETY: The City Council shall appoint a Safety Department which shall be an advisory coordinating committee in the matter of public safety. The Safety Department shall consist of the Chiefs of Police and Fire, City Health Officer, the Superintendent of Schools, the Head of Civil Defense, an industrial representative, a member of the Public Works Department and six laymen to coordinate all City safety, industrial, vehicular and school pedestrian traffic. ARTICLE 4, SECTION 4.12 - DEPARTMENT OF PARKS, RECREATION, AND BEAUTIFICATION: The City Council shall appoint an advisory park, recreation, and beautification board. The advisory park, recreation, and beautification board shall study the recreation, park facilities, and beautification programs of the City and shall confer with the City Manager and advise him with respect to the development and use of the City's parks, the recreation programs and City beautification. The advisory park, recreation, and beautification board shall recommend to the City Council rules for the use of parks, public grounds, and recreation facilities consistent with the ordinances of the City and the statutes of the State of Texas and appropriate programs for the beautification of the City. ARTICLE 7, SECTION 7.03 - PLATTING OF PROPERTY: (a) Hereafter, every owner of any tract of land situated within the corporate limits of the City of Pearland or its extraterritorial zones, who may divide the same in two or more parts for the purpose of laying out any subdivision or any addition to the City shall comply with all applicable provisions contained in the Code of Ordinances of the City, as adopted or hereafter amended. Section V. 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. PASSED, ADOPTED and APPROVED this the t, day of moi% A. D., 1978. CITY OF PARLL D /, EXAS / By: V �. Mayor ATTEST: Dorothy L. Cookty Secretary , • ELECTION RESULTS Page of Election Report Type Cumulative ❑Precinct PEARLAND' CITY OFFICERS & CHARTER AMENDMENT ELECTION - CUMULATIVE APRIL 1, 1978 Voting Voting Votes To Be Position Position Cast Percentage Elected NUMBER BALLOTS CITY OFFICERS ELECTION � i MAYOR • VOTE FOR•1 Terry Gray 39 3 9 4.6 6 • 3 4 .2 1 Tom Reid 40 . 40 8 9 6 • 65 .7 COUNCILMAN, POSITION 3 VOTE FOR 1 Fran Coppinger 41 4.1 8 0 3 5 9 .2 1 Benny Frank 42 4 2 1 3 7 1 0 .1 Charles. Mack 43 4 3 4 1 5 3 0 .6 COUNCILMAN, POS. 4 (Unexp) VOTE FOR 1 Carlton McComb 44 4 4 8 7 5 1 0 0 . 1 CHARTER AMENDMENT ELECTION • _PROPOSITION NO. 1 FOR 56 ' 56 1 86 27 .5 1 AGAINST 57 57 490 72 .4 PROPOSITION NO. .2 FOR 124 124 677 64 .6 1 AGAINST 125 1 25 370 35 .3 PROPOSITION NO. 3 FOR 132 1 32 895 84 .2 1 AGAINST 133 1 3 3 1 6 7 1 5 .7 PROPOSITION NO. 4 FOR 142 142 923 86 .0 1 AGAINST 143 . 1 4 3 1.5 0 1..3. .9. PROPOSITION NO. 5 FOR 151 15.1 827 ? ' : AST5 4 • 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 day of , A.D., 197 Presiding Judge Form 6168 (SA2-13-76) Mikro, Inc., Freeport,Tex. ELECTION RESULTS page :of Election Report Type,Q Cumulative OPeecinct PEARLAND CITY OFFICERS & CHARTER AMENDMENT ELECTION PEARLAND HIGH SCHOOL APRIL 1, 1978 Voting Voting Votes _ To Be Position Position Cast Percentage Elected I - . . j PRECINCT 1 NUMBER BALLOTS 1 2 7 8 CITY OFFICERS ELECTION MAYOR VOTE FOR 1 Terry Gray 39 3 9 4 4 3' 3 5 .5 1 Tom Reid 40 40 804 64 .4 • COUNCILMAN, POSITION 3 VOTE FOR 1 Fran Coppinger 41_ 4 1 7 2 3 5 8 .2 1 Benny Frank 42 4 2 1 2 7 1 0 .2 Charles Mack 43 4,3 3 9 2 3 1 .5 i COUNCILMAN, POS. 4 (Unexp) VOTE FOR 1 Carlton McComb 44 4 4 7 9 6 1 0 0 . 1 CHARTER AMENDMENT ELECTION _PROPOSITION NO. 1 FOR 56 56 160 26 .8 1 I AGAINST 57 5 ? 436 73 .1 PROPOSITION NO. 2 FOR 124 1 24 6 1 5 64 .1 1 AGAINST 125 1 25 343 35 .8 PROPOSITION NO. 3 FOR 132 1 32 817 84 .2 1 AGAINST 133 1 3 3 1 5 3 1 5 .7 PROPOSITION NO. 4 FOR 142 142 840 85 .6 1 AGAINST 143 1 4 3 1 4 1 1 4 .3 I PROPOSITION NO. 5 i FOR 151 1 5 1 7 5 1 8 1 .8 1 I AGAINST 152 1 5 2 1 6 7 1 8 .1 ( I • • I, the undersigned, the presiding judge for Central Counting Station, do hereby certi iy 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 day Of , A.D., 197 Presiding Judge Form 6168 (SA2-13-76) Mikro, Inc., Freeport,Tex. • • • • • • • • • • • • • • • • • • • • • • eT • 'E E .rT I l N RESULTS Page of Election Report Type Cumulative Precinct PEARLAND CITY OFFICERS & CHARTER AMENDMENT ELECTION_ ABSENTEE APRIL 1, 1978 Voting Voting Votes To Be Position Position Cast Percentage Elected • PRECINCT 5 0. NUMBER BALLOTS 1 1 7 CITY OFFICERS ELECTION MAYOR VOTE FOR 1 Terry Gray 39 3 9 2 3 2 0 .0 :1, • Torn Reid 40 . 40 92 80 .0 - COUNCILMAN, POSITION 3 VOTE FOR 1 Fran Coppinger 41 4 1 8 0 7 0 .7 1 Benny Frank 42 4.2 1 0 8 .8 Charles Mack 43 4 3 2 3 2 0 .3 COUNCILMAN, .POS. 4 (Unexp) VOTE FOR 1 Carlton McComb 44 4 4 7 9 1 0 0 . 1 CHARTER AMENDMENT ELECTION _PROPOSITION NO. 1 FOR 56_ 5,6 2 6 3 2 .5 1_ AGAINST 57 57 54 67 .5 PROPOSITION NO. 2 FOR 124 1 24 62 69 .6 1 AGAINST 125 1 2 5 2 7 3 0 .3 • PROPOSITION NO. 3 FOR 132 1 32 78 84 .7 1 AGAINST 133 1 3 3 1 4 1 5 .2 PROPOSITION NO. 4 FOR 142 142 83 90 .2 1 AGAINST 143 1 4 3 9 9 .7 PROPOSITION NO. 5 FOR 151. 15 1 76 90 _ .4 1 AGAINST 152 1 5 2 8 9, .5 rn — '-' — —' '---- — — - � ' - , [ the undersigned. the presiding judge for Centra| Counting Station, do he; abyce/tih/ that electronic voting equipment was.used in said election and that the ballot cards for said o|ection 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 atota| of vuban voted at said election. | further certify that the combined above-mentioned printed record and above listed write-in votes is atrue and correct return in said precinct for said election. Dated this the_______day of . A'O, 197___ � . Presiding Judge ' Form mou (SAz-1x-7o) m/mn. mc., Freeport,Tex. ' ' v x ' ' ) � / ^ ' / ' ` . . ! / r _ ' - - ' - ' 16-2423—Notice of Special or Regular Meeting of Governing Body of City or Town and Returns—Class 3 (975) © Hart Graphics, Austin, Texas �� ..� ;rt.,.,.,,., .sir A �TJitLt:.,r„ gy¢- - ry:,w v �== HART =c`G ?��" #LwrsU",,v 1:b•„sv.rlSur;a:».1rm�w..4HARx:••.�s,a u:.r:n r,.�i.,cua;:4,,,vi. P r NOTICE OF MEETING OF THE ". GOVERNING BODY OF (Name of City or Town) Notice is hereby given that a sr.!I?�L meeting of the governing body of the above •i (Special or Regular) i- f-- named City or Town will be held on the ? day of 2!nri? , 19 74 , at 7,..30 t. M., in the City Hall at e?3G Y. "'cmc 1'7-crnao, F'ea,:iu,.G', TL;;eis .) I 1 - -, Texas, at which time the following subjects will be discussed, to-wit: . [. AGENDA - SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND,. TEXAS, TO BE HELD ON APRIL 3, 1978, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS. I. INVOCATION . II. PLEDGE OF ALLEGIANCE III. PURPOSE OF THE MEETING: 1. CANVASS OF CITY OFFICERS' REGULAR/SPECIAL AND CHARTER AMENDMENT ELECTION HELD ON APRIL 1, 1978: (a) Resolution No. R78-9, Canvass of Election. . • (b) Call of Run-off Election, if necessary. (c) Any other business pertinent to election. 2. ISSUANCE OF CERTIFICATES OF ELECTION 3. OATH OF OFFICE TO NEWLY ELECTED OFFICIALS. 4. RESOLUTIONS OF APPRECIATION TO FORMER OFFICIALS. • • 5. CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF COMMITTEE ON WRECKER ORDINANCE. 6. CONSIDERATION AND POSSIBLE ACTION - ANY ACTION PERTINENT TO PROPOSED BOND ISSUE. • IV. ADJOURN _ i • • • ....,_ .,, . . , HART --,--=',=. ,,tt mut• fiC% Illii.r. .... ..-....—",......; 16-2423 1 .. .. . , t, fr ... . 1 . . . i. . ,. I NOTICE OF SPECIAL . . t.: OR REGULAR MEETING f OF GOVERNING BODY OF . -.. . CITY OR TOWN ! .i ..--- r_,..... .. I . ,.. . . I . i . . . ,. . . . . , - •. ... •' . . , • 1 . ,. 1 ii 1 5 . . . .. .. . , . . , .. . . ( F.: m • , . . . . 1 . 1 ' . . , ..0 , r 1 , . . ,.... 1 . HART ONAPHIC•, AUSTIN,TEXAS . ‘,.., i L... . . W7 AtiZWielo.,._. .7, . . . ... ...,. 16•2423—Notice of Special or Regular Meeting of Governing Body of City or Town and Retuia5—Class 3 (975) © Hart Graphics, Austin, Texas "�."{ANT` ®w.�;Iii1IL.;,ia .� 9wsXs ws _�__ _�' .. - .. HART ��rricxm,.. •.:. ..m�ssa�m�rm w NOTICE OF MEETING OF THE GOVERNING BODY OF • P CITY OF-PEARLAND, TEXAS H (Name of City or Town) y Notice is hereby given that a SPECIAL meeting of the governing body of the above (Special or Regular) named City or Town will be held on the 3 day of April , 19 78 , at 7:30 P. M., • iin the City Hall at 2335 N. Texas Avenue, Pearland, Texas I11 _ TPvne of a,hirt}i +imn On. lilts......... ....1,.___a_ ___71 L_ �2___--_-- ._ -- •. • AGENDA - SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELDNts ON APRIL 3, 1978, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS. I. INVOCATION • II. PLEDGE OF ALLEGIANCE III. PURPOSE OF THE MEETING: • 1. CANVASS OF CITY OFFICERS' REGULAR/SPECIAL AND CHARTER AMENDMENT ELECTION HELD ON APRIL 1, 1978: (a) Resolution No. R78-9, Canvass of Election. • (b) Call of Run-off Election, if necessary. (c) Any other business pertinent to election. 2. ISSUANCE OF CERTIFICATES OF ELECTION 3. OATH OF OFFICE TO NEWLY ELECTED OFFICIALS. 4. RESOLUTIONS OF APPRECIATION -TO FORMER OFFICIALS. 5. CONSIDERATION AND POSSIBLE ACTION - APPOINTMENT OF COMMITTEE ON WRECKER ORDINANCE. 6. CONSIDERATION AND POSSIBLE ACTION - ANY ACTION PERTINENT TO PROPOSED BOND ISSUE. IV. ADJOURN • • • • .r.Aar Azi...•v ,<H min wcw-E�» HART r »\.:t..� ! mi11V:;ti� 16-2423 ri0 .. • NOTICE OF SPECIAL OR REGULAR MEETING OF GOVERNING BODY OF CITY OR TOWN 1 if. , Gk� €. • HART GRAPHIC•, AUSTIN.TEXAS ..r