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R74-07 04-15-74RESOLUTION NUMBER 74-7 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 6, 1974. On this the 15th day of April, 1974, 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 , Mayor , Councilman Harry Farley , Councilman Tom Reid Councilman Cecil W. Griffin Benny J. Frank Dorothy I, Cook , Councilman , Councilman , City Secretary/ Clerk and the following absent: Councilman Gene Sanders , constituting a quorum, and among other proceedings had were the following: Councilman Farley introduced a resolution and order and move its adoption. The motion was seconded by Councilman Reid, and the motion carried with the adoption of the resolution and order pre- vailed by the following vote, AYES: Councilman Griffin, Councilman Farley. Councilman Reid, and Councilman FRANK The resolution is as follows: , NOES: NONE WHEREAS, there was held in the City of Pearland, Texas, on the 6th day of April, 1974, the Regular Municipal Election at whic the filing of the offices of City Council Positions Number One (1) and Five (5) were submitted to a vote of the duly qualified resi- dent electors of said City and at which Three (3) proposed Amend- ments 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, it appears that said election was in all respects legally held and that said returns were duly and legally made and that they were cast at said election a total of 608; and WHEREAS, on the 6th day of April, 1974, the election officia s of said election had determined that there was a 16 vote variation in total votes cast for the candidates in City Council Position 5 as compared to the total votes registered; and WHEREAS, on the 8th day of April, 1974, at a regular meeting of the City Council of the City of Pearland, Candidate LAURA R. DOUGHERTY, Councilman Position 5, filed a written request of the City Council for a recheck and comparison of the results shown on the official returns then in progress of being canvassed, all in accordance with Article 7.14 Section 19 of the Texas Election Code; and WHEREAS, on the 10th day of April, 1974, a recheck and com- parison of the official returns was made in accordance with Article 7.14 Section 19 of the Texas Election Code, at the Brazori County Courthouse, Angleton, Texas; and WHEREAS, it was found that at such recheck and comparison that said 16 vote differential was caused by an improper setting of the voting machines by County officials prior to the use by the general voting public at said General Election; and WHEREAS, it has been heretofore determined by all candidates and all election officials concerned, that said 16 vote differen- tial and the improper setting of the voting machines has had no material effect on the results of the election in as far as major- ity cast and received by each candidate in said election; and WHEREAS, at this special meeting of the City Council of the City of Pearland, on April 15th, 1974, after date of said election being the first meeting of the City Council to be held since said election at which returns of the 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: Sec. 1 - 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 that said election resulted in the following vote totals: CITY OFFICERS Councilman Position/Place One (1) Cecil W. Griffin 486 Votes Write-in Candidates: 0 Votes Councilman Position/Place Five (5) Laura R. Dougherty 244 Votes Benny J. Frank 380 Votes Write-in Candidates: 0 Votes There is a 16 vote differential in the total votes cast for both candidates in Position Number Five (5) as compared to the total cast in the election. PROPOSED CHARTER AMENDMENTS AMENDMENT OF ARTICLE FIVE, Section 5.05 Votes for 369 Votes against 54 AMENDMENT OF ARTICLE EIGHT, Section 8.17 Votes for 284 Votes against 153 -2- AMENDMENT OF ARTICLE TEN, Section 10.15a Votes for 345 Votes against 77 Sec. 2 - That the City Council of the City of Pearland, Texas, hereby officially and affirmatively declares that the re- sults as shown above are the real and true results of the election held on April 6, 1974, within the City of Pearland, Texas, and that the candidate elected for Council Position One (1) is declar- ed to be Cecil W. Griffin, and that the candidate elected for Councilman Position Five (5) is declared to be Benny J. Frank, and said above parties are hereby declared duly elected to said respec tive offices, subject to the taking of their oaths and filing bond as provided by the laws of the State of Texas. Sec. 3 - 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 Pear - land, as a result of said election and that the following Articles so adopted shall hereafter read as follows: ARTICLE 5 SECTION 5.05 - BALLOTS: The positions of the several members of the Council shall be designated on the official ballot as Member of the Council, Posi- tion Number 1, 2, 3, 4, or 5. Each candidate shall indicate the position which he desires to fill. Incumbent Councilmen seeking re-election must file for the position for which they were origi- nally elected. Candidates for all positions may reside in any portion of the City. The names of all candidates for office, except such as may have withdrawn, died, or became ineligible, shall be printed on the official ballots without party designa- tions in the order determined in a drawing of lots conducted by the City Secretary. All official ballots shall be printed at least twenty (20) days prior to the date of any general election, and absentee voting shall be governed by the General Election Laws of the State of Texas. -3- ARTICLE 8 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, depart- ment or agency whose appropriation will be charged, and no contrac. 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 the supplies, materials, equipment, or contractural services for which the contract or order is issued. Before the City makes any purchase or contract for supplies, mate- rials, equipment or contractual services, opportunity shall be given for competition. 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 not exceeding TWO THOUSAND DOLLARS. All contracts for expenditures. involving more than TWO THOUSAND DOLLARS shall be let to the lowes• and most responsible bidder after there has been opportunity for competitive bidding as provided for by law or ordinance; provided that the Council or the City Manager in such cases as he is author ized to contract for the City, shall have the right to reject any and all bids. Contracts for personal or professional services shall not be let on competitive bids. ARTICLE 10 SECTION 10.15 (a) DUTIES OF THE COMMISSION: It shall be the duty of such Charter Review Commission to: (1) Inquire into the operations of the City Government under the Charter provisions and determine whether any such provisions require revision. To this end public hearings may be held, and the Commission shall have the power to compel the attendance of any officer or employee of the City and to require the submission of any of the City records which it may deem necessary to the conduct of such hearing. (2) Propose any recommendations it may deem desirable -4- to insure compliance with the provisions of this Charter by the several departments of the City government. (3) Propose, if it deems desirable, amendments to this Charter to improve the effective application of said Charter to current conditions. (4) Report its findings and present its proposed amend- ments, if any, to the City Council. Any report of the Commission shall be delivered to the City Attorney at least thirty (30) days prior to its presentation to the Council. Within such time, and no later than ten (10) days prior to its presenta- tion to the Council, the City Attorney shall advise the Commission in writing, of any changes in pro- posed amendments which he deems necessary or desir- able. A copy of the City Attorney's recommendations shall be attached to the report of the Commission at the time of its presentation to the Council. Sec. 4 - It is further found and determined that in accord- ance with the order of this governing body the City Secretary posted written notice of the date, place and subject of this meet- ing 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 15th day of Apri1,1974. CITY OF PEARLAND, TEXAS ATTEST: Dorothy- ook ty 'ecretary -5- By: Carlton McComb, Mayor