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Ord. 0371 02-13-78ORDINANCE NO. 371 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING AN ELECTION TO BE HELD ON THE 1ST DAY OF APRIL, 1978, DESIGNATING THE HOURS AND PLACE FOR HOLDING SUCH ELECTION AND PROVIDING FOR SUBMISSION TO THE VOTERS OF CERTAIN PROPOSED CHARTER AMENDMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: That the following proposed amendments to the Home Rule Charter of the City of Pearland, Texas, shall be submitted to the vote of the duly qualified electors of the City of Pearland, Texas, at the Regular City Election to be held on April 1, 1978, pursuant to applicable provisions of the Home Rule Charter and applicable Statutes of the State of Texas, and that the following portions of the Charter of the City of Pearland are proposed to be amended to read as follows: For or Against the following proposed amendments. ARTICLE 3 SECTION 3.01 (e)- NUMBER, SELECTION AND TERM: (e) There shall be no limitation on the number of elected terms for the office of Mayor or Councilman. 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, pro- vided 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 of 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 the official city newspaper on two successive weeks, with the date of the first publication to be not less than fourteen (14) days prior to the date of the election, together with the complete text of each proposed amendment. In consideration of expense, brevity, and simplicity of ballot, it is directed that the proposed Charter Amendments shall appear and read on the ballot as follows: FOR or AGAINST the following proposed Charter Amendments: Amendment of Article 3, Section 3.01 (e) - Number, Selection and Term, by removing the limitations on the number of elected terms for office of Mayor or Councilman. Amendment of Article 3, Section 3.10 - Procedure for Passing Ordinances, by adding a provision that the reading aloud of the title and caption of an ordinance will suffice as a reading,provided printed copies are available to interested citizens. Amendment of Article 4, Section 4.11 - Department of Public Safety, providing that the Safety Department shall be appointed by the City Council instead of the City Manager. Amendment of Article 4, Section 4.12 - Department of Parks and Recreation, by adding the word Beautification to the Department of Parks and Recreation so as to read Department of Parks, Recreation and Beautification; and further providing that the Department of Parks, Recreation and Beautification Board shall be appointed by the City Council instead of the City Manager. Amendment of Article 7, Section 7.03 - Platting of Property, whereby the division of property within the City shall be in compliance with all applicable provisions contained in the Code of Ordinance of the City, instead of only the provisions of OrdinancesNo. 58. That immediately after said election is held, the officers holding same shall make returns of the results thereof to the Mayor of this City as required by the Election Code. A copy of this ordinance shall also serve as a writ of election which shall be delivered to the duly appointed Presiding Judge for said election. Passed and approved on First reading this ,;Z8 day of , A. D. 1978. Mayor, City of Pearland, Texas ATTE T: City Secre , ry Passed and approved on Second and Final reading this )5 day of ATTEST: A. D. 197 L4 /) /4 City Secretary Mayor, City of Pearland, Texas THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS g CITY OF PEARLAND BE IT REMEMBERED that on this the 23 day of January , A. D., 1978, the City Council of the City of Pearland, Brazoria and Harris Counties, Texas, convened in its Regular Session at the City Hall in the City of Pearland, Texas, with the following members present: Carlton McComb Mayor Harry Farley Councilman and Mayor Pro-Tem Dennis Frauenberger Councilman Terry Gray Councilman Tom Reid Councilman Morris Wilson Councilman With the following members absent: None constituting a quorum, at which meeting the following proceedings were had and held: Councilman Frauenberger introduced an Ordinance and moved that it be passed. The Motion was seconded by Councilman Farley. The said Ordinance was read in full. The Motion was carried by the following vote: AYES: Councilman Wilson, Councilman Reid, Councilman Farley, Councilman Gray, and Councilman Frauenberger. NOES: None The Mayor announced that the Ordinance was passed: The ORDINANCE passed is as follows: THE STATE OF TEXAS 6 COUNTIES OF BRAZORIA AND HARRIS J CITY OF PEARLAND 8 BE IT REMEMBERED that on this the 13 day of February , A. D., 1978, the City Council of the City of Pearland, Brazoria and Harris Counties, Texas, convened in its Regular Session at the City Hall in the City of Pearland, Texas, with the following members present: Carlton McComb Mayor Harry Farley Councilman and Mayor Pro-Tem Dennis Frauenberger Councilman Terry Gray Councilman Vacant Councilman Position Four Morris Wilson Councilman With the following members absent: None constituting a quorum, at which meeting the following proceedings were had and held: Councilman Frauenberger introduced an Ordinance and moved that it be passed. The Motion was seconded by Councilman Gray. The said Ordinance was read in full. The Motion was carried by the following vote: AYES: Councilman Wilson, Councilman Farley,; Councilman Gray; and • Councilman Frauenberger. NOES: None The Mayor announced that the Ordinance was passed: The ORDINANCE passed is as follows: SIN NOTICE OF MUNICIPAL ELECTION THE STATE OF TEXAS I CITY OF PEARLAND X TO THE RESIDENT QUALIFIED VOTERS OF THE CITY OF PEARLAND, TEXAS: TAKE NOTICE that an election will be held on the 1st day of April, 1978, in the City of Pearland, Texas, at the place, in the manner, and for the proposed Charter amendment set forth in the attached copy of Ordinance No. 371, duly passed by the City Council of the City of Pearland on the 73 day of , 1978. Said attached Ordinance is made a part of this notice for all intents and purposes. Dorothy L. Co City Secretary City of Pearland, Texas