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R91-13 05-06-91 RESOLUTION NO. R91 3 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARZ~kND, TE~L%S, C~NVASSING THE RE%~0/{NS AND DECI~kR- ING THE RESULTS OF THE REGUI~R CITY OFFICERS' ELECTION HEI~ IN THE CITY OF PEr.RInD, TEXAS, ON MAY 4, 1991. On this the 6th day of May, 1991, 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 me~tbers present, to-wit: Mayor C.V. COPPINGER Councilme~ber Position One D.A. MILLER Councilme~er Position Two RICHARD TETENS Councilme~ber Position Three RANDY WEBER Councilme~er Position Four DAVID SMITH Councilmember Position Five WILLIAM WOLFF and the following absent: NONE constituting a quorum, and among other proceedings had were the following: Councilme~er WOLFF introduced a Resolution and Order and moved its adoption. The motion was seconded by Councilme~ber WEBER , and the motion carried with the adoption of the Resolution and Order prevailed by the follow- ing vote: AYES: COUNCILMEMBERS MILLER, TETENS, SMITH, WEBER AND WOLFF NAYS NONE ~STENTIONS NONE The Resolution is as follows: WHEREAS, there was held in the City of Pearland, Texas, on the 4th day of May, 1991, a Regular City Officers' Election at which the filling of the Offices of Me~uber of the Council, Posi- tion No. Two (2) and Me~er of the Council, Position Nu~er Four (4) were submitted to a vote of the duly qualified resident electors of said City; and WHEP~AS, at this Special Meeting of the City Council of the 1 City of Pearland, on May 6, 1991, 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 COUN- CIL 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 appeared from said returns, duly and legally made, that there were cast at such Election 1~059 valid and legal votes; and that said elec- tion resulted in the following vote totals: FOR MEMBER OF THE COUNCIL POSITION NUMBER TWO NAME OF CANDIDATE NUMBER OF VOTES RECEIVED PERCENTAGE RETTA ABSHER 398 38.49 BENNY FRANK 501 48.45 RON MARTINDALE 135 13.06 FOR MEMBER OF THE COUNCIL POSITION NUMBER FOUR NAME OF CANDIDATE NUMBER OF VOTES RECEIVED PERCENTAGE JOY NIDAY COLSON 592 56.81 DON ALLEN MANGES, JR. 69 6.62 RICK HARRIS 381 36.56 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 May 2 4, 1991, within the City of Pearland, Texas, that no candidate for Member of the Council Position ~mher Two received a majority of the votes cast and a runoff election becomes necessary and that the candidate elected for Member of the Council Position N,,mber Four is declared to be J0¥ NID^¥ C0k$0N and said above party is hereby declared duly elected to said respective office, subject to taking of her oath and filing bond as provided by the laws of the State of Texas. Section III. 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 at the City Hall, a place convenient to the public, and said notice having been so posted and remained 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. Section IV. The following Exhibits A, B, and C (Election Results) are attached hereto and made a part hereof by reference. PASSED, APPROVED and ADOPTED this the 6th day of May, A. D., 1991. c. v. c0 9 R, ATTEST: PAT~ONES, C~ SECRETARY APPROVF~ AS TO'FORM: LESTER RORICK, CITY ATTORNEY ACCUMULATED TOTALS-PEARLAND CITY ELECTION Page 1 21:12:27 4-May-1991 CITY,SCHOOL,HOSPITAL,BRHND,DRAINAGE DIST.ELECTIONS MAY 4, 1991 BRAZORIA COUNTY, TEXAS Count Percent Count Percent Precincts Counted - TOTAL 2 2.13 Ballots Cast - TOTAL 1,059 PEARLAND CITY MUNICIPAL OFFICERS ELECTION MEMBER OF THE COUNCIL, POSITION 2 RETTA ABSHER 398 38.49 BENNY FRANK 501 48.45 RON MARTINDALE 135 13.06 Total 1,034 100.00 PEARLAND CITY MUNICIPAL OFFICERS ELECTION MEMBER OF THE COUNCIL, POSITION 4 JOY NIDAY COLSON 592 56.81 DON ALLEN MANGES, JR. 69 6.62 RICK HARRIS 381 36.56 Total 1,042 100.00 We, the undersigned, certify that the above results are true and correct. Signed: 0546 PEARLAND CITY - ABSENTEE Page 1 21:07:43 4-May-1991 CITY,SCHOOL,HOSPITAL,BRHND,DRAINAGE DIST.ELECTIONS MAY 4, 1991 BRAZORIA COUNTY, TEXAS Posn Count Percent Posn Count Percent Ballots Cast - TOTAL 184 PEARLAND CITY MUNICIPAL OFFICERS ELECTION MEMBER OF THE COUNCIL, POSITION 2 RETTA ABSHER 195 . . 59 33.33 BENNY FRANK 196 . . 97 54.80 RON MARTINDALE 197 . . 21 11.86 Total 177 100.00 PEARLAND CITY MUNICIPAL OFFICERS ELECTION MEMBER OF THE COUNCIL, POSITION 4 JOY NIDAY COLSON 200 . . 104 57.46 DON ALLEN MANGES, JR. . . 201 . . 18 9.94 RICK HARRIS 202 . . 59 32.60 Total 181 100.00 We, the undersigned, certify that the above results are true and correct. Signed: bd 1 / ( 3 0046 PEARLAND CITY-ACTIVITY CENTER Page " 1 21:11:03 4-May-1991 CITY,SCHOOL,HOSPITAL,BRHND,DRAINAGE DIST.ELECTIONS MAY 4, 1991 BRAZORIA COUNTY, TEXAS Posn Count Percent Posn Count Percent Ballots Cast - TOTAL 875 PEARLAND CITY MUNICIPAL OFFICERS ELECTION MEMBER OF THE COUNCIL, POSITION 2 RETTA ABSHER 195 . . 339 39.56 BENNY FRANK 196 . . 404 47.14 RON MARTINDALE 197 . . 114 13.30 Total 857 100.00 PEARLAND CITY MUNICIPAL OFFICERS ELECTION MEMBER OF THE COUNCIL, POSITION 4 JOY NIDAY COLSON 200 . . 488 56.68 DON ALLEN MANGES, JR. . . 201 . . 51 5.92 RICK HARRIS 202 . . 322 37.40 Total 861 100.00 We, the undersigned, certify that the above results are true and correct. Signed: C) • � / being the first meeting of the City Council to be held since sai election at which returns of said election could be considerec and final results declared. NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUN- CIL OF THE CITY OF PEARLAND, TEXAS: Section I. That the election described was duly called and notic 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 appeared from said returns, duly and legally made, that there were cast at such Election 893 valid and legal votes ; and that said election resulted in the following vote totals: FOR MEMBER OF THE COUNCIL POSITION NUMBER TWO NAME OF CANDIDATE NUMBER OF VOTES RECEIVED PERCENTAGE RETTA ABSHER 382 43 .12% BENNY FRANK 504 56.88% 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 May 18, 1991, within the City of Pearland, Texas, and that the candi- date elected for Member of the Council Position Number Two is declared to be Benny Frank and said above party is hereby de- clared duly elected to said respective office, subject to taking