R93-45 11-08-93RESOLUTION NO. R93-45
A RESOLUTIONAND ORDER OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ORDERING THE HOLDING OF A SPECIAL
ELECTION ON THE 11 DAY OF DECEMBER , 19 93 , FOR
THE PURPOSE OF SUBMITTING THE QUESTION OF RECALL OF
COUNCILMEMBERS D. A. MILLER, BENNY FRANK, AND JOY COLSON
TO THE QUALIFIED VOTERS OF THE CITY OF PEARLAND, TEXAS;
ESTABLISHING POLLING PLACES; NAMING CLERKS; AND
ESTABLISHING PROCEDURES FOR SAID SPECIAL ELECTION.
WHEREAS, Section 6.01 of the Charter of the City of Pearland
provides that the qualified voters shall have the power of direct
legislation by recall; and
WHEREAS, on October 11, 1993, the City Secretary presented
petitions to the City Council of the City of Pearland, Texas, for
the recall of Councilmembers D. A. Miller, Benny Frank, and Joy
Colson and certified there were the requisite number of signatures
to submit the question of recall of said Councilmembers to the
qualified voters of the City; and
WHEREAS, on November 5, 1993, a Public Hearing previously
requested by Councilmembers D. A. Miller, Benny Frank, and Joy
Colson was formally withdrawn in writing; and
WHEREAS, the City Charter of the City of Pearland and the laws
of the State of Texas provide that the Election code of the State
of Texas is applicable to said Special Election, and in order to
comply with said Code, an Order and/or Resolution should be passed
ordering the call of the Special Election, establishing procedures
to be followed in said election and to designate the voting places
of said election;
THEREFORE, BE IT RESOLVED AND ORDERED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS:
That the Special EleCtion for the recall of said
Councilmembers of the City of Pearland, Texas, shall be held in
said City on the 11 day of December , 19 93 ,
for the purpose of submitting the question of recall of
Councilmembers D. A. Miller, Benny Frank, and Joy Colson,
respectively, to the qualifiedvoters of the City. Ballots used at
said recall election shall conform to the following requirements:
(a) With respect to each person whose removal is sought, the
question shall be submitted:
"Shall (name of person) be removed from the office of
1
(name of office) by recall?"
(b) Immediately below each such question there shall be
printed the following words, one above the other, in the
order indicated:
"YES"
"NO"
That said Special Election shall be held at the following
place in the City of Pearland, and the following named persons are
hereby appointed officers for said Election, to-wit:
In Brazoria County Election Precinct Numbers 12, 16, 26, 28,
29, 31, 36, 39, 40, 46, 47, 51, 66, and 67 and Harris County
Election Precinct Number 537, and any other Election Precincts as
may be applicable as determined by the respective County Voter
Registrars at the time of the election, said election shall be held
at Melvin Knapp Activity Building, 2425 S. Grand, Pearland, Texas.
The polls at the above designated polling place shall on said
election day be open from 7:00 A. M. to 7:00 P. M.
Inez Farmer is hereby appointed as Presiding Judge, and Oleta
Hawkins is Alternate Presiding Judge. The said Presiding Judge
shall appoint the necessary clerks to assist her which shall be not
less than two (2) nor more than seven (7) clerks.
Pat Jones is hereby appointed Clerk for early voting and
Sharon Parks and Tommie Jean Vial are hereby appointed Deputy
Clerks for early voting. The early voting for the above named
designated location shall be held at the following place, to-wit:
Pearland City Hall, 3519 Liberty Drive, Pearland, Texas,
77581-5416.
The poll or place of early voting, above designated, shall
remain open for at least eight hours on each day for early voting
which is not a Saturday, a Sunday, or an Official City Holiday,
beginning as soon as is practicable and continuing through the 4th
day preceding the date of said election. Said place of voting
shall remain open between the hours of 8:00 A. M. and 5:00 P. M. on
each day for said early voting. The above described place for
early voting is also the early voting clerk's mailing address to
which ballot applications and ballots voted by mail may be sent.
Late voting by sick or disabled voters after close of regular early
voting period shall be in accordance with Chapter 102 of the Texas
Election Code.
In accordance with the Texas Election Code, it is hereby
determined that electronic voting systems shall be used in the
above mentioned election for all voting, including early voting by
personal appearance and by mail, and in accordance with the Texas
Election code, Inez Farmer is hereby appointed as the Presiding
Judge of the Early Voting Ballot Board for said election. The said
Presiding Judge shall appoint the necessary clerks to assist her
which shall be not less than two (2).
The above called election shall be held in accordance with the
Election Code of the State of Texas and only resident qualified
voters of the City of Pearland shall be eligible to vote at said
election.
Notice of the above ordered election shall be given in
accordance with the terms and provisions of Chapter 4 of the Texas
Election code and the City Secretary is hereby instructed to have
said notice posted and/or published in accordance with said Chapter
4.
That immediately after said election is held, the officer
holding the same shall take returns of the results thereof to the
Mayor of this City as required by the Election Code of the State.
The City Secretary is hereby authorized and 'instructed to
provide and furnish all necessary election supplies to conduct said
election.
Notice of appointment of Presiding Judge of election shall be
in accordance with Section 32.009 of the Texas Election Code.
PASSED, APPROVED, ADOPTED, and ORDERED this the / day of
f~h~~--'/ , A. D., 1993.
ATTEST:
~eF~Z~s~.lty Secre~'~-'~"/tary
APPROVED AS TO FORM:
Di ey