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R84-08 04-09-84 RESOLUTION NO. R84-8 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 7, 1984. On this the 9th day of April, 1984, the City Council of the City of Pearland, Texas, convened in Regular Session open to the public at the regular meeting place thereof with the following members present, to-wit: Tom Reid Mayor A1Lentz Council Position One Charles R. Mack Council Position Two James E. Bost Council Position Three Dennis Frauenberger Council Position Four Terry Gray Council Position Five Dorothy L. Cook City Secretary/Clerk and the following absent: None , constituting a quorum, and among other proceedings had were the following: Councilman Bost introduced a Resolution and Order and moved its adoption. The motion was seconded by Councilman Mack , and the motion carried with the adoption of the Resolution and Order prevailed by the following vote, AYES: Councilman Bost. Councilm~n M~k. C~,~ilm~n P~,~nh~rger, Councilm~n Gray and Councilman Lentz NAYS: None The Resolution is as follows: WHEREAS, there were held in the City of Pearland, Texas, on the 7th day of April, 1984, Regular and Special Municipal Elections at which the filling of the offices of Mayor and Member of the Council Position Number Three (3) were sub- mitted to a vote of the duly qualified resident electors of said City, and at which Nine (9) 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. WHEREAS, at this Regular Meeting of the City Council of the City of Pearland, on April 9, 1984, after date of said election, being the first meeting of the City Council to be held since said election at which returns of said elec- tions could be considered and final results declared. NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF P£ARLAND~ TEXAS: Section 1. That the elections described was duly called and notice thereof given in accordance with law; that said electionswere 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 suchelectim~s 253 valid and legal votes; and that saidelections resulted in the following vote totals: FOR MAYOR NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED TOM REID 201 FOR MEMBER OF THE COUNCIL POSITION NUMBER THREE JAMES E. BOST 186 PROPOSED CHARTER AMENDb~NTS AMENDMENT NO. 1 AMENDMENT OF ARTICLE 3, SECTION 3.01 (e) FOR 57 AGAINST 189 AMENDMENT NO. 2 AMENDMENT OF ARTICLE 4, SECTION 4.04 FOR 188 AGAINST 42 AMENDMENT NO. $ AMENDMENT OF ARTICLE 8, SECTION 8.19 FOR 183 AGAINST 50 AMENDmeNT NO. 4 A~NDMENT TO ARTICLE 8, SECTION 8.20 FOR 183 AGAINST 53 AMENDMENT NO. 5 AMENDMENT TO ARTICLE 8, SECTION 8.21, SECTION 8.22, AND SECTION 8.25 FOR 182 AGAINST 49 -2- AMENDMENT NO. 6 AMENDMENT OF ARTICLE 8, SECTION 8.24 FOR 182 AGAINST 48 AMENDMENT NO. 7 AMENDMENT OF ARTICLE 8, SECTION 8.2S FOR 186 AGAINST 45 AMENDMENT NO. 8 AMENDMENT OF ARTICLE 8, SECTION 8.26 FOR 187 AGAINST 44 AMENDMENT NO. 9 AMENDMENT OF ARTICLE 8, SECTION 8.27 FOR 181 AGAINST 45 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 7, 1984, within the City of Pearland, Texas, that the candidate elected for Mayor is declared to be Tom Reid, and that the candidate elected for Member of the Council position Number Three is declared to be James E. Bost, 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 1V. 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 fol- lowing Articles so adopted shall hereafter read as follows: -3- ARTICLE 4, SECTION 4.04 DEPARTMENT OF TAXATION There shall be established and maintained a department of taxation to determine effective tax rates and to collect taxes. The City Manager, with the approval of the City Council, shall appoint a city t~x assessor and collector to administer said department. The assessor and collector 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. The assessor-collector shall give a surety bond for the faithful performance of his duties including compIiance with all controlling provisions of the state law bearing upon the functions of his office in a sum which shall be fixed by the City Council. ARTICLE 8, SECTION 8.19 POWER TO TAX The City Council shall have the power, and is hereby authorized to levy and collect an annual tax upon all real and personal property within the City not to exceed the maximum limits set by the Constitution and laws of the State of Texas as they now exist, or as they may be amended. ARTICLE 8, SECTION 8.20 PROPERTY SUBJECT TO TAX; RENDITION, APPRAISAL AND ASSESSMENT All real and tangible and intangible personal property within the juris- diction of the City of Pearland not expressly exempted by law, shall be subject to annual taxation. The method and procedures for the rendition, appraisal and assessment of all real and personal property within the City shall be in accor- dance with applicable provisions of the Property Tax Code of the State of Texas as now or hereafter amended. ARTICLE 8, SECTION 8.21 - BOARD OF EQUALIZATION; APPOINTMENT; QUALIFICATION ARTICLE 8, SECTION 8.22 - POWERS OF BOARD OF EQUALIZATION ARTICLE 8, SECTION 8.23 - P~ECORDS OF BOARD OF EQUALIZATION (Article 8, Sections 8.21, 8.22, and 8.23 are hereafter deleted from the Charter of the City of Pearland, Texas, in their entirety). ARTICLE 8, SECTION 8.21 (previously numbered Section 8.24) TAXES, WHEN DUE AND PAYABLE Ail taxes due the City of Pearland shall be payable to the office of the city assessor-collector on receipt of the tax bill and shall be considered delinquent if not paid before February 1 of the year following the year in which imposed. The postponement of any delinquency date and the amomlt of penalty, interest and costs to be imposed on delinquent taxes shall be in accordance with applicable ordinances of the City of Pearland and the Property Tax Code of the State of Texas. ARTICLE 8, SECTION 8.22 (previously numbered Section 8.25) TAX LIENS (a) Except for such restrictions imposed by law, the tax levied by the City is hereby declared to be a lien, charge, or encumbrance upon the property upon which the tax is due, which lien, charge or encumbrance the City is entitled to enforce and foreclose in any court having jurisdiction over the same, and the lien, charge or encumbrance on the property in favor of the City, for the amount of taxes due on such property is such as to give the state courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this state or person whose residence is unknown, but also as against nonresidents. Ail taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxes are due, which lien may be foreclosed in any court having jurisdiction. The City's tax lien shall exist from January 1st in each year until the taxes are paid, and limitations as to seizures and suits for collection of taxes shall be as prescribed by state law. (b) Except for such exemptions and restrictions imposed by law, all persons, associations, corporations, firms and partnerships owning or holding personal property or real property in the City of Pearland on January 1st of each year shall be liable for City taxes levied thereon for each year. The tangible personal property of all persons, associations, corporations, firms or partner- ships owing any taxes to the City of Pearland is hereby made liable for all said taxes, whether the same be due upon personal or real property or upon both. (c) All seizure and foreclosure proceedings shall be commenced no later than two years after taxes first become delinquent. ARTICLE 8, SECTION 8.23 (previously numbered Section 8.26) TAX REMISSION AND DISCuONTS Except as provided by state law, neither the City Council nor any other official of the City shall ever extend the time for payment of taxes nor remit, discount or compromise any tax legally due the City, nor waive the penalty, interest and costs that may be due thereon to or for any person, association, corporation, firm or partnership owing taxes to the City for such year or years. ARTICLE 8, SECTION 8.24 (previously numbered Section 8.27) ISSUANCE OF BONDS (Article 8, Section 8.27 shall be renumbered as Section 8.24 and the text and reading shall remain unchanged). 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 remain- ing 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 9th day of Ap ' , A.D., 1984. Mayor ATTE ST: 41111. ► rr ELECTION RESULTS Page 1 of 3 Election Report Type Ocumuiative Precinct i PEARLAND CITY OFFICERS ELECTION APRIL 7 , 1984 Voting Position TIME AND PREP TNCT 8 : 4 0 7 0 1 ! NUMBER BALLOTS 3 MAYOR 1 Tom Reid 4 0 0 4 2 1 0 0 . 01 MEMBER OF THE COUNCIL, POSITION 3 1 Jame P Rosi- 0 0 5 1 1 0 0 . 0 1 CHARTER AMENDMENT RT,ECTTON PROPOSED AMENDMENT NO. 1 1 FOR 29 029 1 33 .3 02 AGAINST 30 030 2 66 .7 01 PROPOSED AMENDMENT NO. 2 1 FOR 35 035 2 66 .7 01 AGAINST 36, 036 1 33 .3 02 PROPOSED AMENDMENT NO. 3 1 FOR 4 5' 0 4 5 1 5 0 .0 0 1 AGAINST 46 046 1 50 .0 01 PROPOSED AMENDMENT No. 4 1 FOR 521 052 2 66 .7 01 AGAINST 53 0 5 3 1 3 3 .3 0 2 I PROPOSED AMENDMENT NO. 5 1 FOR 65! 0 6 5 2 6 6 .7 0 1 AGAINST 66 0 6 6 1 3 3 .3 0 2 ; 1 1 k PROPOSED AMENDMENT NO. 6 ; ' 1 FOR 73 073 2 66 .7 01 AGAINST 74' 0 7 4 1 3 3 .3 0 2 PROPOSED AMENDMENT NO. 7 1 FOR q7�l 092 2 66 .7 01 AGAINST 93 093 1 33 .3 02 PROPOSED AMENDMENT NO. 8 1 FOR 110 1 3 0 2 6 6 .7 0 1 AGAINST 131 1 3 1 1 3 3 .3 0 2 PROPOSED AMENDMENT NO. 9 1 FOB 207, 202 2 66 .7 01 AGAINST 203 2 0 3 1 3 3 .3 0 2 8 : 40 70 1 + 1 + + 3 + 3 00 • 1, 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 7 day of APRI. , A.D., 19 e_v. . .�✓IJU.�i�� Presiding Judge Form 6168 (5A2.1 3-76) Mlkro, Inc., Freeport,Tex. ELECTION RESULTS Page 2 of 3 Election Report Type OCumulative Precinct PEARLAND CITY OFFICERS ELECTION PEARLAND HIGH SCHOOL APRIL 7 , 1984 Voting Voting Votes To Be Position Position Cast Percentage Elected TIME ANT) PRECINCT 8 : 4 1 1 1 NUMBER BALLOTS 25 0 MAYOR 1 Tom Reid 4 004 199 100 01 MEMBER OF THE COUNCIL, POSITION 3 1 ,Taming F. RnGt 005 1 85 1 00 • 0 1 CHARTER AMENDMENT ELECTTON PROPOSED AMENDMENT NO. 1 1 Pop 29 029 56 23 .0 02 AGAINST 30 030 187 77 .0 01 PROPOSED AMENDMENT NO. 2 1 FOR 35 035 1 86 81 .9 01 AGAINST 36 0 3 6 4 1 1 8 .1 0 2 PROPOSED AMENDMENT NO. 3 1 FOR 45 045 182 78 .8 0 1 AGAINST 46 0 4 6 4 9 2 1 .2 0 2 PROPOSED AMENDMENT No . 4 1 FOR 59 052 1 8 1 77 .7 01 AGAINST 53 053 52 22 .3 02 PROPOSED AMENDMENT NO. 5 1 FOR 65 065 180 78 .9 01 AGAINST 66 066 48 21 .1 02 _ V PROPOSED AMENDMENT NO. 6 1 FOR 73 073 180 79 .3 01 AGAINST 74 0 7 4 4 7 2 0 .7 0 2 PROPOSED AMENDMENT NO. 7 1 FOR 97 092 1 84 80 .7 01 AGAINST 93 093 44 1 9 .3 02 PROPOSED AMENDMENT NO. 8 1 FOR 1 3 0 1 8 5 8 1 . 1 0 1 AGAINST 131 1 3 1 4 3 1 8 .9 0 2 PROPOSED AMENDMENT NO. 9 1 FAR 209. 202 1 79 80 .3 0 1 AGAINST 203 2 0 3 4 4 1 9 .7 0 2 8 : 41 1 1 + 2 + + 250 . + 253 00 /`k 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 7 day of APRIL, , A.D., 19$V. qa/rt.t.e.1.2. Presiding Judge • Form 6168 (SA2.13-76)Mlkro, Inc-, Freeport,Tex. ELECTION RESULTS Page3 of 3 Election Report Type OCumuiative OPrecinct PEARLAND CITY OFFICERS ELECTION CUMULATIVE APRIL 7 , 1984 Voting Voting I ^•^ I l Position TIME AND PRECINCT 8 4 2 2 1 NUMBER BALLOTS 253 MAYOR 1 Tom Reid 4 004 201 100 . 01 MEMBER OF THE COUNCIL, POSITION 3 1 Zanies F Rost 5 005 1 86 1 00 0 1 CHARTER AMENDMENT FT,FCTTON PROPOSED AMENDMENT NO. 1 1 FOR 29 029 57 23 .2 02 AGAINST 30 030 1 89 76 .8 01 PROPOSED AMENDMENT NO. 2 1 FOR 35 035 1 88 81 .7 01 AGAINST 36 036 42 1 8 .3 02 PROPOSED AMENDMENT NO. 3 1 FOR 45 045 183 78 .5 01 AGAINST 461 0 4 6 5 0 2 1 .5 0 2 PROPOSED AMENDMENT No. 4 1 FOR 52 052 183 77 .5 01 AGAINST 53 0 5 3 5 3 2 2 .5 0 2 PROPOSED AMENDMENT NO. 5 1 FOR 65 065 182 78 .8 01 AGAINST 66 066 49 21 .2 02 PROPOSED AMENDMENT NO. 6 1 FOR 73 073 182 79 .1 01 AGAINST 74 074 48 20 .9 02 PROPOSED AMENDMENT NO. 7 1 FnR 92 092 1 86 80 .5 01 AGAINST 93 . 0 9 3 4 5 1 9 .5 0 2 PROPOSED AMENDMENT NO. 8 1 FOR 130 . 1 30 187 81 .0 01 AGAINST 131 1 3 1 4 4 1 9 .0 0 2 PROPOSED AMENDMENT NO. 9 1 FOP 207_ 202 181 80 .1 01 AGAINST 203 2 0 3 4 5 1 9 .9 0 2 • 00 - Ask 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 7 day of A PR IL. , A.D., 19 80 c(- Atte..1%. Presiding Judge • Form 6168 (SA2-13.76)Mikro, Inc., Freeport,Tex. • • • • • • • • • • • • 16.2423—Notice of Special or Regular Meeting of Governing Body of City or Town and Returns—Clan 3 (975) ® Hart Graphics, Austin, Texas HART .cneT�nra• ,<run+Tfwv:, auT .:uicnr�rn:r:�;.r�wcr7ar,,", ��nrr ,. ain.�— NOTICE OF MEETING OF THE GOVERNING BODY OF CITY OF PEARLAND, TEXAS (Name of City or Town) Notice is hereby given that a REGULAR meeting of the governing body of the above (Special or Regular) named City or Town will be held on the 9 day of APRIL 19 84 at 7:30 P P. M in the City Hall at 2335 N. TEXAS AVENUE, PEARLAND, TEXAS I , Texas, at which time the following subjects will be discussed, to-wit: 4F.F, AGEt1DA ATTACHED sGENDA REGULAR MEETING OF THE CITY COUNCIL OF THE CITY 7F PEARLAND, TEXAS, TO BE HELD ON APRIL 9, 1984, AT 7:30 P. M. IN THE CITY HALL, 2335 N.` TEXAS AVENUE, PEARLAND, TEXAS. I. CALL TO ORDER II. INVOCATION AND PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES: 1. Regular Meeting - March 26, 1984 IV. MAYOR'S ACTIVITY REPORT: 1. Proclamation - "Keep America Beautiful Week" in Pearlan V. COUNCIL ACTIVITY REPORTS VI. DEPARTMENTAL REPORTS VII. CITIZENS: 1. Tom Alexander 2. Bob Campbell & Don Bane, Park Avenue Homes VIII. DOCKETED PUBLIC HEARINGS: 1. LAND USE CHANGE APPLICATION NO. 127, WOODROW LESIKAR, AGENT FOR WHEATON COLLEGE - 110 ACRES, MORE OR LESS, BEING LOTS 3 THROUGH 10 OF THE S. W. 320 ACRES OF THE LOWER MIDDLE 1/4 OF THE W. D. C. HALL LEAGUE, ABSTRACT 70. (VICINITY DIXIE FARM ROAD AREA) PLANNED UNIT TO R-2. IX. UNFINISHED BUSINESS: 1 . CONSIDERATION AND POSSIBLE ACTION - SECOND AND (FINAL) READING OF ORDINANCE NO. 470, AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD BEGINNING OCTOBER 1, 1983 AND ENDING SEPTEMBER 30, 1984. 2. CONSIDERATION AND POSSIBLE ACTION - SECOND AND (FINAL) READING OF ORDINANCE NO. 471, AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS. (CAPITAL MAINTENANCE AND RECOVERY FEE ORDINANCE) . K. NEW BUSINESS: 1 . CONSIDERATION AND POSSIBLE ACTION APRIL 7TH CITY OFFICERS' AND SPECIAL ELECTIO (a) RESOLUTION NO. R84-8, A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF CITY OFFICERS' AND SPECIAL ELECTION HELD ON APRIL 7TH, 1984. (b) ISSUANCE OF CERTIFICATES OF ELECTION. (c) OATH OF OFFICE TO TO ADMINISTERED TO THE NEWLY ELECTED OFFICIALS. . 2. CONSIDERATION AND POSSIBLE ACTION - COUNCIL DECISION ON APPLICATION NO. 127 LAND USE CHANGE - WOODROW LESIKAR, `AGENT FOR WHEATON COLLEGE. 3. CONSIDERATION AND POSSIBLE ACTION CALL OF PUBLIC HEARING ON REQUEST OF ENTEX, INC. FOR RATE INCREASE. 4. CONSIDERATION AND POSSIBLE ACTION - REVIEW OF BIDS RECEIVED BID NO. B84-6, HATFIELD ROAD REALIGNMENT AND CONSTRUCTION AND POSSIBLE AWARD OF BID. 5. CONSIDERATION AND POSSIBLE ACTION - FINAL ACCEPTANCE OF SHERWOOD PLACE SUBDIVISION AND RELEASE OF BUILDING PERMITS. 6. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 472, SPEED ZONE ORDINANCE ON DIXIE FARM ROAD FROM MC DONALD TO NORTH CITY LIMITS. 7. CONSIDERATION AND POSSIBLE ACTION -- APPOINTMENTS (a) TWO MEMBERS OF THE PLANNING & ZONING COMMISSION FOR THREE YEAR TERMS. 8. CONSIDERATION AND POSSIBLE ACTION - REQUEST BY PARK AVENNF. HnMR.0 mn r =ti.. - � HART �._w¢•r„:.x,,., ..'u �� 5 16.2423 . id i Cj. NOTICE OF SPECIAL OR REGULAR MEETING • OF GOVERNING BODY OF CITY OR TOWN / ( • • , • ( j / o ,1'1 A C;fi '1,11 r, ,. k5 i HART GRAPHICS, AUSTIN, 1