R-2014-008 2014-02-10 RESOLUTION NO. R2014-8
A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL
AND SPECIAL ELECTION TO BE HELD ON SATURDAY, MAY 10,
2014, FOR THE PURPOSE OF ELECTING THE MAYOR AND ONE
MEMBER OF THE CITY COUNCIL TO POSITION NUMBER THREE (3)
IN AND FOR THE CITY OF PEARLAND, TEXAS; AND FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE
CITY OF PEARLAND, TEXAS, CERTAIN PROPOSED CHARTER
AMENDMENTS; ESTABLISHING POLLING PLACES; NAMING
CLERKS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR
CITY OFFICERS AND SPECIAL ELECTION.
WHEREAS, the City Council (the "City Council") of the City of Pearland, Texas
(the "City") is authorized and has determined to call a General Election and Special
Election to be held on Saturday, May 10, 2014 for the purpose of electing the Mayor
and one member to Position Number Three (3) of the City Council and a Special
Election shall be held for the purpose of submitting to the qualified electors of the City of
Pearland, Texas, propositions, to-wit:
Sixteen (16) proposed Charter Amendments attached hereto as Exhibit "A"
WHEREAS, the City Council wishes to proceed with the ordering of such
General Election and Special Election the City Council has determined that holding
such elections is in the public interest;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND CITY, TEXAS:
Section 1. Call of Election; Date; Eligible Electors and Hours.
(a) It is hereby ordered that a General Election (the "General Election") and
Special Election (the "Special Election") be held in and throughout the City of Pearland
on Saturday, May 10, 2014, between the hours of 7:00 o'clock a.m. and 7:00 o'clock
p.m. at which General Election all resident, qualified electors of the City shall be entitled
to vote for the Mayor and Councilmember Position Number Three (3) of the City
Council. The Special Election of the City of Pearland, Texas shall be held for the
purpose of submitting to the qualified electors of the City of Pearland, Texas
Propositions, to-wit:
Sixteen (16) proposed Charter Amendments attached hereto as Exhibit "C"
(b) The General Election and Special Election shall be held under the provisions
of the Charter of the City, the Constitution and laws of the State of Texas and of this
Resolution No. R2014-8
Resolution. All qualified voters residing in the City shall be allowed to vote at the
Election; and each voter shall vote in the election precinct in which such voter resides.
Section 2. Election Precincts; Polling Places; Election Officers.
(a) The election precincts for the Election shall include the county election
precincts and such precincts, the polling places are hereby established and shall be as
described in Exhibit "A" hereto.
(b) The election officials for each City precinct shall be designated by the County
Clerk of Brazoria County, Texas (the "Elections Administrator"); and such officials shall
conduct the City's Election in accordance with a Joint Election Agreement and Contract
for Election Services (the "Election Contract") between Brazoria County, Texas and the
City. The Elections Administrator is hereby authorized and instructed to provide and
furnish all necessary election supplies for all City precincts. The official mailing address
for Elections Administrator, Joyce Hudman, County Clerk, 111 East Locust, Suite 200,
Angleton, Texas 77515-4654. The physical address of the Elections Administrator is
Brazoria County East Annex (Old Wal-Mart Building), 1524 E. Mulberry, Room 144,
Angleton, Texas 77515.
(c) In the event the Election Administrator shall find that one or more of the
polling places listed on Exhibit "A" have become unavailable or unsuitable for use at
the Elections or if any person or persons appointed herein do not appear or are unable
to perform their duties, and is hereby authorized to designate substitute polling places
and appoint substitute personnel, giving such notice as he deems appropriate.
Section 3. Candidates in General Election. Persons desiring to become
candidates for Mayor or Councilmember Position Number Three (3) of the City Council
in the General Election shall, not later than the February 28, 2014 at 5:00 p.m. file their
written applications for candidacy for office with the City Secretary, Pearland City Hall,
3519 Liberty Drive, Pearland, Texas 77581, pursuant to the provisions of Chapter 143,
Texas Election Code, as amended. Each candidate must specify in each instance the
City Council Position for which the applicant is filing and no candidate may file for more
than one City Council position to be filled at the General Election. Candidates must be
a resident of the City, must be a qualified voter, and otherwise qualified to hold the
position of a member of the City Council under Texas law.
Section 4. Ballots. The City Secretary and the Election Administrator are
hereby authorized and directed to prepare the ballots for the General Election and
Special Election in accordance with the provisions of the Texas Election Code. The
ballots to be used in the General Election shall have printed thereon the names of the
candidates for Mayor or Position Number Three (3) of the City Council and the ballots
for the Special Election shall have printed the Sixteen (16) proposed Charter
Amendments.
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Resolution No. R2014-8
Section 5. Voting. Voting in the Election, including early voting by personal
appearance shall be by an electronic voting system adopted by the City and the
Commissioners Court of Brazoria County, Texas for use in elections held by the City
and Brazoria County. Each voter in the General Election and Special Election shall
mark the ballot indicating such voter's choice of candidate for Mayor or Councilmember
Position Number Three (3) and for each of the Sixteen (16) proposed Charter
Amendments. Voting shall be conducted in accordance with the Texas Election Code.
Section 6. Early Voting. Early voting by personal appearance shall be
conducted at the dates, times and polling places listed in Exhibit "B" to this Resolution.
The City Council hereby establishes Brazoria County Courthouse East Annex
(Old Wal-Mart Building), 1524 E. Mulberry, Room 144, Angleton, Texas 77515 as the
main early voting polling place at which early voting by personal appearance shall be
conducted.
The Council hereby appoints the Elections Administrator as the early voting clerk.
The Elections Administrator shall receive applications for a ballot to be voted by mail.
The mailing address to which ballot applications and ballots voted by mail may be sent
is as follows: Joyce Hudman, County Clerk, 111 East Locust, Suite 200, Angleton,
Texas 77515-4654. Applications for ballots by mail may be received no earlier than
March 10, 2014 and no later than 5:00 p.m. on May 1, 2014.
The Council hereby appoints the Counting Station Judge or Alternate as the
presiding judge of the early voting ballot board to count and return early voting ballots in
accordance with the Election Code. The presiding judge shall appoint election clerks as
needed, and such judge and clerks shall constitute the early voting ballot board and
shall perform the duties set forth for such board in the Texas Election Code.
Section 7. Notice of Elections. Notice of the Elections, in English and Spanish,
stating in substance the contents of this Resolution, shall be: (i) published on the same
day in each of two successive weeks, with the first publication occurring before the 14th
day before the date of the election in a newspaper of general circulation within the City's
territory not earlier than the thirtieth (30th) day before the Elections; (ii) posted on the
bulletin board used by the Council to post notices of the Council's meetings no later
than the twenty-first (21St) day before the date of the Elections, in three (3) public places
within the City and at City Hall.
Section 8. Declaring Results. City Council shall canvass the returns and
declare the results of the Elections.
At the General Election, the candidate for each office who has received a
majority of all votes cast for each particular office shall be declared elected. The Mayor
of the City shall order a runoff election in the event any candidate fails to receive a
majority of all votes cast for each particular office. The date for the runoff election shall
be ordered and held in a timely manner as prescribed by the General Election laws of
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Resolution No. R2014-8
the State of Texas and the Charter of the City. The two candidates who receive the
largest number of votes cast for each particular office requiring a runoff election shall
again be voted for. The candidate receiving the largest number of votes in the runoff
election shall be declared elected. The City Secretary shall give notice of such runoff
election by causing said notice to be published in accordance with Texas Election Laws.
At the Special Election, the Propositions that receive a majority of all votes cast
approving each particular Proposition shall be declared as approved and effective
immediately causing the City Charter to be amended.
Section 9. Notice of Meeting. It is further found and determined that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this Resolution and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 10. Authority of the Mayor. The Mayor shall have the authority to take,
or cause to be taken, all actions reasonable and necessary to insure that the Elections
are fairly held and returns properly counted and tabulated for the canvass of the
Elections returns by the City Council in accordance with state law.
Section 11. Effective Date. This Resolution is effective immediately upon its
Passage and approval.
PASSED, APPROVED, ADOPTED and ORDERED this the 10th day of February, A. D.,
2014.
TOM REID
MAYOR
ATTEST:
Y0,4 G LO'�� G, Tr C "�_
C SEC'-w ARY /
APPROVED AS TO FORM:
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DARRIN M. COKER
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Resolution No. R2014-8
CITY ATTORNEY
EXHIBIT "A"
City of Pearland County Precincts voting
Precinct No. Location at this location
12 Drainage District No. 4 Building Brazoria County Precincts 12 &
4813 W. Broadway 26
Pearland
13 Turner College & Career High School Brazoria County Precincts 13, 36
4717 Bailey Rd. & 47
Pearland
29 Westside Event Center Brazoria County Precinct 27, 29,
2150 Countryplace Pkwy. 54, & Harris County Precincts
Pearland 630
44 Silverlake Recreation Center Brazoria County Precincts 44,
2715 Southwyck Pkwy. 58, 60, & 62
Pearland
46 Pearland Community Center Brazoria County Precincts 28,
3523 Liberty Dr. 46, & Harris County Precincts
Pearland 654 & 537
52 Fellowship Bible Church Brazoria County Precincts 51,
1720 E Broadway 52, & 61
Pearland
67 Pearland Westside Library Brazoria County Precincts 50,
2803 Business Center Dr., #101 59, 67 & Harris County Precinct
Pearland 131 & Ft. Bend County Precinct
1134
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Resolution No. R2014-8
EXHIBIT "B"
EARLY VOTING POLLING PLACES
City of Pearland, Texas
May 10, 2014 General and Special Election
EARLY VOTING BY PERSONAL APPEARANCE LOCATIONS:
Pearland East Branch Location: Pearland Library
3522 Liberty Dr., Pearland
Pearland West Branch Location: Westside Event Center
2150 Countryplace Pkwy., Pearland
Shadow Creek Branch Location: Pearland Westside Library
2803 Business Center Dr. #101, Pearland
PERSONAL APPEARANCE TIMES AND DATES FOR ABOVE LOCATIONS:
Monday, April 28 - Friday, May 2 8:00 a.m. — 5:00 p.m.
Saturday, May 3 7:00 a.m. — 7:00 p.m.
Monday, May 5 -Tuesday, May 6 7:00 a.m. — 7:00 p.m.
EARLY VOTING BY MAIL:
Applications for voting by mail should be mailed to be received no earlier than March 10, 2014 and no later
than the close of business (5:00 p.m.) on May 1, 2014.
Applications should be mailed to:
JOYCE HUDMAN, COUNTY CLERK
111 E. LOCUST, SUITE 200
ANGLETON, TX 77515-4654
REASONS FOR BEING QUALIFIED TO VOTE BY MAIL ARE:
65 years of age or older:
Confinement in jail;
Disability;
Absence from the county on Election Day and absence during the Early Voting period.
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EXHIBIT "C"
Sixteen (16) Proposed Charter Amendments
PROPOSED AMENDMENT NO. 1
THE AMENDMENT OF the Pearland Charter, Sections 3.01 and 5.05, regarding the
number of City Council members
This amendment phases in an increase to the size of City Council from five (5)
councilmembers to seven (7) council members over a period of 3 years.
Section 3.01. Number, selection and term.
The legislative and governing body of the city shall consist of mayor and seven (7) five (5) council
members and shall be known as the "city council of the City of Pearland, Brazoria, Harris and Fort
Bend Counties, Texas.
(a) The mayor shall be elected from the city at large. The councilmembers shall be elected
from the city at large by positions and shall be known as positions 1, 2, 3, 4, and-5, 6 and 7.
(b) The mayor shall be the presiding officer of the city council and shall be recognized as the
head of the city government for all ceremonial purposes and by the governor for purposes of
military law. The mayor shall be allowed to vote only in case of a tie vote. The mayor shall not be
included in any calculation of the number of votes needed for the city council to take any action
authorized by this charter, except when the mayor is allowed to vote in the case of a tie vote.
(c) In the first election year after adoption of the charter, two (2) councilmembers shall be
elected for positions 1 and 5. In the second election year after adoption of this charter, the mayor
and one (1) councilmember for position 3 shall be elected. In the third election year after adoption
of this charter two (2) councilmembers shall be elected for positions 2 and 4. In the second
election year after the 2014 amendments to this charter have been adopted, Position 6 shall be
created and elected. In the third election year after the adoption of the 2014 amendments to this
charter have been adopted, Position 7 shall be created and elected.
(d) The mayor and each councilmember shall hold office for a period of three (3) years and
until his/her successor is elected and qualified. All elections shall be held in the manner provided
for by this charter and the election laws of the State of Texas.
(e) Councilmembers shall be limited to two (2) full consecutive elected terms of office, and
there shall be no limitation on the office of mayor.
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, position number 1, 2, 3, 4, or 5. 6 or 7. Each candidate shall indicate the
position which he/she desires to fill. Incumbent councilmembers seeking reelection must file for
the position for which they were originally elected. Candidates for all positions may reside in any
1
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 designations 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 early voting shall be
governed by the general election laws of the State of Texas.
(Underlined portions ADDED; stricken portions DELETED; shaded portions will
appear on the BALLOT)
PROPOSED AMENDMENT NO. 2
THE AMENDMENT OF the Pearland Charter, Section 3.06 regarding the procedure
to fill a vacancy on the council.
This amendment allows for the council to fill a vacancy of a council member of one year
or less by appointment.
Section 3.06. Vacancies.
Vacancies in the council of more than one year, including the office of mayor, shall be filled at a
special election which shall be called by the remaining members of the council.
A vacancy in the council of one year or less for the office of mayor shall be filled at a special
election which shall be called by the remaining members of council.
Vacancies in the council of one year or less, except for the office of mayor, shall be filled within
thirty(30) days of the vacancy by a supermajority vote of the remaining members of the council by
a selection of a person qualified for the position as described in this Charter other than a
councilmember who has been removed from office by a recall election creating the vacancy being
filled. In the event the remaining members of the council do not make an appointment to fill the
vacancy by a supermajority vote within thirty (30) days after the vacancy was created, the vacancy
shall be filled by a majority vote of the qualified voters at a special election called for such
purposes within one hundred and fifty(150) days after such vacancy occurs.
(Underlined portions ADDED; stricken portions DELETED; shaded portions will
appear on the BALLOT)
PROPOSED AMENDMENT NO. 3
THE AMENDMENT OF the Pearland Charter, Sections 6.13 and 6.20, regarding
changes to ordinances proposed by initiatives and ordinances passed by popular
vote.
This amendment allows City Council to make changes to ordinances proposed by
initiatives and ordinances passed by petition or popular vote so that such ordinances
comply with federal and state laws.
Section 6.13. - Initiative.
Qualified voters of the City of Pearland may initiate legislation by submitting a petition addressed
to the city council which requests the submission of a proposed ordinance or resolution to a vote of
2
the qualified voters of the city. Said petition must be signed by qualified voters of the city in
number of at least thirty (30) per cent of the number cast at the regular last municipal election of
the city, or one hundred fifty (150) qualified voters, whichever is greater, and each copy of the
petition shall have attached to it a copy of the proposed legislation. The petition shall be signed as
provided in section 6.03 of this charter. The petition may consist of one (1) or more notarized
copies as permitted in section 6.05 of this charter. Such petition shall be filed with the person
performing the duties of city secretary. Within five (5) days after the filing of such petition, the
person performing the duties of city secretary shall certify such petition or return same to
petitioners. After certification, the person performing the duties of the city secretary shall present
said petition and proposed ordinance or resolution to the city council at the next regular meeting.
Upon presentation to the city council of the petition and draft of the proposed ordinance or
resolution, it shall become the duty of the city council within ten (10) days after receipt thereof, to
pass and adopt such ordinance or resolution without alteration as to meaning or effect in the
opinion of the persons filing the petition, except changes made to comply with federal or state
s, or to call a special election, to be held within thirty (30) days thereafter, at which the
qualified voters of the City of Pearland shall vote on the question of adopting or rejecting the
proposed legislation with any City Council proposed changes made to comply with federal or state
laws. However, if any other municipal election is to be held within sixty (60) days after the filing
of the petition, the question may be voted on at such election. No ordinance shall be proposed by
an initiative petition which is on the same subject as an ordinance so submitted and defeated at an
election held within the proceeding twelve (12) months.
Section 6.20. - Ordinances passed by popular vote, repeal or amendment.
No ordinances or resolutions which may have been passed by the city council upon a petition or
adopted by popular vote under the provisions of this article shall be repealed or amended except by
the city council in response to a referendum petition or by submission as provided in section 6.15
of this charter or to comply with federal or state law.
(Underlined portions ADDED; stricken portions DELETED; shaded portions will
appear on the BALLOT)
PROPOSED AMENDMENT NO. 4
THE AMENDMENT OF the Pearland Charter, Section 3.08, regarding meetings of
City Council.
This amendment removes language in the charter allowing City Council to consider a
subject by unanimous consent of the City Council although that item was not posted on
an agenda in conformance to the Texas Open Meetings Act.
Section 3.08. - Meeting of the city council.
The city council shall hold at least two (2) regular meetings in each month at a time to be fixed by
said city council by ordinance or resolution fixing the dates of such regular meetings. As many
additional special meetings may be held during the month as may be necessary for the transaction
of all business of the city and its citizens. All meetings shall be public, except where authorized by
law, and shall be held at the city hall, provided, however, the city council may designate another
place for such meetings after publishing the due notice thereof in one (1) issue of the official
3
newspaper of said city. The city secretary, upon written request of the mayor or any two
councilmembers, shall call special meetings of the city council, notice of such special meetings
shall be given to each member of the city council at least seventy-two (72) hours before the start of
the meeting, which said notice shall state the date for such meeting and the subject to be
considered at such meeting, . -: : : -- . ;•
consent of the city council. Said notice to the city council shall be sufficient if delivered to the
councilmembers in person, or in the event of the inability to locate said councilmember within the
City of Pearland, Texas, delivery of such notice to his or her home shall be sufficient.
(Underlined portions ADDED; stricken portions DELETED; shaded portions will
appear on the BALLOT)
PROPOSED AMENDMENT NO. 5
THE AMENDMENT OF the Pearland Charter, Section 3.13, regarding Audits and
examination of city books and accounts.
This amendment simplifies the language in the charter regarding who City Council selects
to conduct the annual audit of the City's finances.
Section 3.13. - Audit and examination of city books and accounts.
The city council shall cause an annual audit to be made of the books and accounts of each and
every department of the city. At the close of each fiscal year, a complete audit shall be made by an
independent certified public accountant, who shall be selected by the city council, and such audit
shall include a recapitulation of all audits made during the course of the fiscal year, and all audit
reports shall be filed with the city council, shall be available for public inspection, shall be made a
part of the archives of the city, . : -- - . - . . . — •. • - .. .
the City of Pearland. Such accountant, so selected, shall not maintain or keep any of the city's
(Underlined portions ADDED; stricken portions DELETED; shaded portions will
appear on the BALLOT)
PROPOSED AMENDMENT NO. 6
THE AMENDMENT OF the Pearland Charter, Sections 4.04 and 4.08, regarding the
removal of the Departments of taxation and the Department of health and
sanitation.
This amendment removes language in the charter that refers to departments in the City
that are defunct or whose duties have been assumed by another department or agency.
.!, . ! • . . .. . . , . . . •
are collected. The city manager, with the approval of the city council, shall determine the method
for appropriately collecting taxes.
.! :. ! • . . . • . • . .
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(a) Appointment and qualifications: The city manager, with the approval of the city council, shall
• - .- - . • • - • . . . . cnsed physician qualified to practice medicine in
sanitation.
general administration of the department of health and sanitation and the supervision of the
employees thereof.
program of public health; shall cooperate in the preparation of sanitary code; shall cooperate with
nearby cities on problems of health and sanitation; shall cooperate with the commissioner's court
of Brazoria, Harris and Fort Bend Counties, Texas and its (their) agencies, and with the state health
sanitation.
(Underlined portions ADDED; stricken portions DELETED; shaded portions will
appear on the BALLOT)
PROPOSED AMENDMENT NO. 7
THE AMENDMENT OF the Pearland Charter, Section 4.05, regarding the approval of
the city manager and city council of the selection of assistants in the Department
of finance.
This amendment removes language in the charter that requires the city manager and city
council to approve assistants employed in the Department of finance.
Section 4.05. - Department of finance.
There shall be established and maintained a department of finance to administer the financial
affairs of the city. The city manager with the approval of the city council shall appoint a competent
person as the director of finance • . . . - •• : • . • -
deem advisable. The director of finance shall be the official city treasurer and shall perform the
duties delegated to him/her by the city manager and those which may be imposed upon him/her by
the laws of the State of Texas.
(Underlined portions ADDED; stricken portions DELETED; shaded portions will
appear on the BALLOT)
PROPOSED AMENDMENT NO. 8
THE AMENDMENT OF the Pearland Charter, Section 4.09, regarding the creation of
a fire department.
This amendment recognizes the creation of a fire department and the use of that
department instead of contracting fire services to a volunteer fire department.
Section 4.09. Volunteer fire Fire department.
There shall be established and maintained a fire department to provide lire suppression, rescue, fire
prevention and public fire education services to the City. The city manager with the approval of
the city council shall appoint a competent person as the fire chief. The fire chief shall perform the
duties delegated to him/her by the city manager and those which may be imposed upon him/her by
the laws of the State of Texas.
The city council may establish and maintain a volunteer fire depar - . . . • . -
provide engine houses and funds for maintenance and operations and shall authorize the forming of
and used for fighting fires and for salvage and rescue operations.
of such regulations as the city council shall prescribe.
PROPOSED AMENDMENT NO. 9
THE AMENDMENT OF the Pearland Charter, Section 4.10, regarding the removal of
duties assigned to the Department of public works that are performed by another
department or entity.
This amendment removes the duty of collecting garbage by the Department of public
works as this service is now provided by a third party vendor and it removes duty of
performing building inspections by the Department of public works as this duty is now
performed by another department.
Section 4.10. - Department of public works.
There shall be established and maintained a department of public works in the City of Pearland.
The city manager, with the approval of the city council, shall appoint a director of public works
who shall be the administrator of this department. The department of public works shall perform
such duties as maintenance of water and sewage facilities, maintenance of streets, collection of
garbage, inspections pursuant to the building code, and such other and further duties for the public
at large as may be assigned by the city manager.
(Underlined portions ADDED; stricken portions DELETED; shaded portions will
appear on the BALLOT)
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PROPOSED AMENDMENT NO. 10
THE AMENDMENT OF the Pearland Charter, Section 4.12, regarding the Department
of parks, recreation and beautification.
This amendment recognizes the establishment of a department of parks and recreation
and clarifies that the director of this department is the liaison with the park, recreation and
beautification board.
Section 4.12. - Department of parks, recreation and beautification.
There shall be established and maintained a department of parks and recreation. The city manager,
with the approval of the city council, shall appoint a director of parks and recreation who shall be
the administrator of this department. The city council shall appoint an advisory park, recreation
and beautification board. The advisory park, recreation and beautification board shall study the
recreation, park facilities and beautification programs of the city and shall confer with the director
of parks and recreation city manager and advise him/her with respect to the development and use
of the city's parks, the recreation programs and city beautification. The advisory park, recreation
and beautification board shall recommend to the city council rules for the use of parks, public
grounds and recreation facilities consistent with the ordinances of the city and the statutes of the
State of Texas and appropriate programs for the beautification of the city.
(Underlined portions ADDED; stricken portions DELETED; shaded portions will
appear on the BALLOT)
PROPOSED AMENDMENT NO. 11
THE AMENDMENT OF the Pearland Charter, Sections 8.06, 8.08, 8.10, 8.11, and 8.14
regarding the budget.
This amendment allows for changes in the notice, amendment, scheduling, publication,
and appropriation processes of the budget.
Section 8.06. - Notice of public hearing on budget.
• • • . - - - _ :, In accordance with state law.
the city council shall cause to be published in the official newspaper of the City of Pearland; a
notice of the hearing setting forth the date, time and place thereof at least five (5) days before the
Hof such meetingthe public hearing on the submitted budget.
If the council should insert new items in the budget after the conclusion at the public meeting
--- - :.! •- . . - .. . .
another public hearing shall be required before adoption of the budget.
Section 8.08—Amendment Before Adoption
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After the hearing, the City Council may adopt the budget with or without amendment. In
amending the budget, it may add or increase programs or amounts, provided that no amendment to
the budget shall increase the authorized expenditures to an amount greater than the total of
estimated income plus funds available from prior years.
Section 8.10. - Date of final adoption.
The budget shall be finally adopted no later than the last regularly scheduled council meeting of
September to allow compliance with the state tax laws, and should the city council fail to so adopt
a budget, the then existing budget, together with its tax levying ordinance and its appropriation
ordinance, shall be deemed adopted for the ensuing fiscal year.
Section 8.11. - Effective date of budget; certification ; epublic availabilitvle.
Upon final adoption, the budget shall be in effect for the fiscal year. A copy of the budget, as
finally adopted, shall be filed with the person performing the duties of city secretary and the
county clerk of Brazoria County, and the state comptroller of public accounts at Austin. The final
budget shall be published on the City's website mimeographed or otherwise reproduced, and
copies shall be made available for the use of all offices, departments, and agencies and for the use
of interested persons and civic organizations. A reasonable cost based on state recommendation
will be charged for copies of city budgets to all interested parties.
Section 8.14. - Contingent appropriation.
Provision shall be made in the annual budget and in the appropriation ordinance for a contingent
appropriation in an amount not to exceed more than one (1)seven (7) per centum of the general
fund expenditurestotal budget to be used in case of unforeseen items of expenditures. Such
contingent appropriation shall be under the control of the city manager and distributed by him/her
after approval by the city council. Expenditures from this appropriation shall be made only in case
of established emergencies, and a detailed account of such expenditures shall be recorded and
reported at the next regular meeting and biannually in the official newspaper of the City of
Pearland. All money remaining in the contingency fund shall be utilized so as to draw the
that year's total seven (7) per cent contingency fund.
(Underlined portions ADDED; stricken portions DELETED; shaded portions will
appear on the BALLOT)
PROPOSED AMENDMENT NO. 12
THE AMENDMENT OF the Pearland Charter, Section 8.18 regarding disbursement
of funds.
This amendment removes the authority of members of city council to countersign checks,
vouchers and warrants for the withdrawal of money from the city depository.
Section 8.18. - Disbursement of funds.
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All checks, vouchers or warrants for the withdrawal of money from the city depository shall be
signed by the city manager or the mayor, and countersigned by the city secretary, or the city
treasurer, or one member of the city council.
(Underlined portions ADDED; stricken portions DELETED; shaded portions will
appear on the BALLOT)
PROPOSED AMENDMENT NO. 13
THE AMENDMENT OF the Pearland Charter, Section 8.22 regarding tax liens.
This amendment extends the commencement date for seizure and foreclosure
proceedings.
Section 8.22. - 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. All taxes upon real estate
shall especially be a lien and a charge upon the property which the taxes are due, which lien may
be foreclosed in any court having jurisdiction. The city's tax lien shall exist from January first 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 first 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
partnerships owning 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 three (3) two (2)
years after taxes first become delinquent.
(Underlined portions ADDED; stricken portions DELETED; shaded portions will
appear on the BALLOT)
PROPOSED AMENDMENT NO. 14
THE AMENDMENT OF the Pearland Charter, Sections 10.09. 10.11, and 10.16
regarding the transition from a general law city to a home rule municipality.
This amendment removes references to language in the charter that only pertains to the
initial transition from a general law city to a home rule municipality.
ittHt�o -bu4#4ei.
The budget adopted for the city for the fiscal year October 1, 1970, to September 30, 1971, shall be
and become the budget for the same fiscal year under the charter.
Upon adoption of this charter, the persons then filling elective offices will continue to fill those
! , . • - - - • - -
and position 5 for a three year term. The term of councilmember for position 3 shall be extended•• - - - • - - • -- - - . .. . .. . . - . . ----,
etc. Persons who, on the date this charter is adopted, are filling appointive positions with the City
offices, that by this charter are made appointive offices, shall continue to serve in those offices for
the terms to which they were elected.
The charter commission, in preparing this charter, finds and decides that it is impracticable to
segregate each subject so as to permit a vote of"yes" or "no" on the same, for the reason that the
be adopted in its entirety. For these reasons, the charter commission directs that said charter be
voted upon as a whole and that it shall be submitted to the qualified voters of the City of Pearland
at an election to be held for that purpose on the 6th day of February, 1971. Not less than thirty(30)
days prior to such election, the city council shall cause the city secretary to mail a copy of this
charter to each qualified voter of the City of Pearland as it appears from the latest city tax
(Underlined portions ADDED; stricken portions DELETED; shaded portions will
appear on the BALLOT)
PROPOSED AMENDMENT NO. 15
THE AMENDMENT OF the Pearland Charter, Section 10.15 regarding the frequency
of the appointment of a Charter Review Commission.
This amendment increases the duration of the time period between required
appointments of the Charter Review Commission from four years to six years.
Section 10.15. Charter review commission.
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The city council shall appoint at its first regular meeting in January of every sixth€ourt h year,
beginning with 201905, or more frequently if the city council deems necessary, a charter review
commission of five (5) citizens of the City of Pearland:
(Underlined portions ADDED; stricken portions DELETED; shaded portions will
appear on the BALLOT)
PROPOSED AMENDMENT NO. 16
THE AMENDMENT OF the Pearland Charter, Section 10.17 regarding the meaning
of the word "city."
This amendment deletes the meaning of the word "city" as the "City of Pearland" as this
definition is already defined in Section 1.02 of the Charter.
When used in this charter, unless otherwise apparent from the context, the word "city" means "City
of Pearland."
(Underlined portions ADDED; stricken portions DELETED; shaded portions will
appear on the BALLOT)
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Ballot Language for Proposed Charter Amendments
Lenquale de la Boleta de Votacion Para las
Enmiendas da la Carta Organica Propuestas
PROPOSED AMENDMENT NO. 1
THE AMENDMENT OF the Pearland Charter, Sections 3.01 and 5.05, regarding the
number of City Council members
This amendment phases in an increase to the size of City Council from five (5)
councilmembers to seven (7) council members over a period of 3 years.
ENMIENDA PROPUESTA Nro.1
La ENMIENDA de la Carta organica de Pearland, Secciones 3.01 y 5.05, en relacion
con el numero de miembros del Consejo de Ciudad.
Esta enmienda proyecta un aumento del Consejo Municipal de cinco miembros (5) a
siete miembros (7) por un periodo de 3 anos.
PROPOSED AMENDMENT NO. 2
THE AMENDMENT OF the Pearland Charter, Section 3.06 regarding the procedure
to fill a vacancy on the council.
This amendment allows for the council to fill a vacancy of a council member of one year
or less by appointment.
ENMIENDA PROPUESTA Nro.2
La ENMIENDA de la Carta Organica de Pearland, seccion 3.06 en relacion al
procedimiento para cubrir un puesto vacante en el consejo.
Esta enmienda permite que el consejo cubra un puesto de miembro de consejo vacante,
por un ano o menos, bajo cita
PROPOSED AMENDMENT NO. 3
THE AMENDMENT OF the Pearland Charter, Sections 6.13 and 6.20, regarding
changes to ordinances proposed by initiatives and ordinances passed by popular
vote.
This amendment allows City Council to make changes to ordinances proposed by
initiatives and ordinances passed by petition or popular vote so that such ordinances
comply with federal and state laws.
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ENMIENDA PROPUESTA Nro. 3
La ENMIENDA de la Carta Organica de Pearland, Secciones 6.13 y 6.20, con
respecto a los cambios en las ordenanzas propuestas por iniciativas y ordenanzas
aprobadas por el voto popular.
Esta enmienda permite al Consejo Municipal realizar cambios en las ordenanzas
propuestas por iniciativas y ordenanzas aprobadas por peticion o voto popular para que
tales ordenanzas cumplan con las leyes federales y estatales.
PROPOSED AMENDMENT NO. 4
THE AMENDMENT OF the Pearland Charter, Section 3.08, regarding meetings of
City Council.
This amendment removes language in the charter allowing City Council to consider a
subject by unanimous consent of the City Council although that item was not posted on
an agenda in conformance to the Texas Open Meetings Act.
ENMIENDA PROPUESTA Nro. 4
La ENMIENDA de la Carta Organica de Pearland, Seccion 3.08, con respecto a las
juntas del Consejo Municipal.
Esta enmienda elimina el lenguaje en la carta organica, permitiendo al Consejo Municipal
tomar en cuenta un tema por aprobacion unanime, aunque este tema no haya sido
publicado en la agenda, segun la Ley de Asambleas Abiertas de Texas.
PROPOSED AMENDMENT NO. 5
THE AMENDMENT OF the Pearland Charter, Section 3.13, regarding Audits and
examination of city books and accounts.
This amendment simplifies the language in the charter regarding who City Council selects
to conduct the annual audit of the City's finances.
ENMIENDA PROPUESTA Nro. 5
La ENMIENDA de la Carta Organica de Pearland, Seccion 3.13, con respecto a las
auditorias y revision de los libros y las cuentas de la ciudad.
Esta enmienda simplifica el lenguaje en la Carta Organica con respecto a la persona que
el Consejo Municipal seleccione para realizar la auditoria anual de las finanzas de la
Ciudad.
PROPOSED AMENDMENT NO. 6
THE AMENDMENT OF the Pearland Charter, Sections 4.04 and 4.08, regarding the
removal of the Departments of taxation and the Department of health and
sanitation.
This amendment removes language in the charter that refers to departments in the City
that are defunct or whose duties have been assumed by another department or agency.
ENMIENDA PROPUESTA Nro. 6
La ENMIENDA de la Carta Organica de Pearland, Secciones 4.04 y 4.08 con
respecto a la eliminacion de los Departamentos de impuestos y el Departamento de
salud y sanidad publica.
Esta enmienda elimina el lenguaje en la carta organica en relacion a los departamentos,
en la Ciudad, que hayan desaparecido o cuyas funciones han sido asumidas por otro
departamento o agencia.
PROPOSED AMENDMENT NO. 7
THE AMENDMENT OF the Pearland Charter, Section 4.05, regarding the approval of
the city manager and city council of the selection of assistants in the Department
of finance.
This amendment removes language in the charter that requires the city manager and city
council to approve assistants employed in the Department of finance.
ENMIENDA PROPUESTA Nro. 7
La ENMIENDA de la Carta Organica de Pearland, Seccion 4.05 con respecto a la la
seleccion de los asistentes en el Departamento de finanzas y su aprobacion por el
administrador de la ciudad y el consejo municipal.
Esta enmienda elimina el lenguaje en la carta organica que indica que el administrador
de la ciudad y el consejo municipal aprueben a los empleados del departamento de
finanzas.
PROPOSED AMENDMENT NO. 8
THE AMENDMENT OF the Pearland Charter, Section 4.09, regarding the creation of
a fire department.
This amendment recognizes the creation of a fire department and the use of that
department instead of contracting fire services to a volunteer fire department.
ENMIENDA PROPUESTA Nro. 8
La ENMIENDA de la Carta Organica de Pearland, Seccion 4.09 con respecto a la
creacion de un departamento de bomberos.
Esta enmienda reconoce la creacion de un departamento de bomberos para evitar
contratar los servicios de un departamento de bomberos voluntarios.
3
PROPOSED AMENDMENT NO. 9
THE AMENDMENT OF the Pearland Charter, Section 4.10, regarding the removal of
duties assigned to the Department of public works that are performed by another
department or entity.
This amendment removes the duty of collecting garbage by the Department of public
works as this service is now provided by a third party vendor and it removes duty of
performing building inspections by the Department of public works as this duty is now
performed by another department.
ENMIENDA PROPUESTA Nro. 9
La ENMIENDA de la Carta Organica de Pearland, Seccion 4.10 con respecto a la
eliminacion de las funciones asignadas al Departamento de obras publicas que se
realizan por otra dependencia o entidad.
Esta enmienda suprime la obligacion, al Departamento de Obras Publicas, de recoger la
basura ya que este servicio es proporcionado por otro proveedor; y elimina, tambien, el
deber del Departamento de Obras Publicas, de Ilevar a cabo inspecciones de la
construccion, ya que ahora es realizado por otro departamento.
PROPOSED AMENDMENT NO. 10
THE AMENDMENT OF the Pearland Charter, Section 4.12, regarding the Department
of parks, recreation and beautification.
This amendment recognizes the establishment of a department of parks and recreation
and clarifies that the director of this department is the liaison with the park, recreation and
beautification board.
ENMIENDA PROPUESTA Nro. 10
La ENMIENDA de la Carta Organica de Pearland, Seccion 4.12 con respecto al
Departamento de parques y recreacion y embellecimiento.
Esta enmienda reconoce el establecimiento de un departamento de parques y recreacion
y reconoce que su director es el enlace con la junta de parques y recreacion y
embellecimiento.
PROPOSED AMENDMENT NO. 11
THE AMENDMENT OF the Pearland Charter, Sections 8.06, 8.08, 8.10, 8.11, and 8.14
regarding the budget.
This amendment allows for changes in the notice, amendment, scheduling, publication,
and appropriation processes of the budget.
ENMIENDA PROPUESTA Nro. 11
4
La ENMIENDA de la Carta Organica de Pearland, Secciones 8.06, 8.08, 8.10 8.11 y
8.14 con respecto al presupuesto.
Esta enmienda permite cambios en los procesos de aviso, enmienda, programacion,
publicacion y procesos de apropiacion del presupuesto.
PROPOSED AMENDMENT NO. 12
THE AMENDMENT OF the Pearland Charter, Section 8.18 regarding disbursement
of funds.
This amendment removes the authority of members of city council to countersign checks,
vouchers and warrants for the withdrawal of money from the city depository.
ENMIENDA PROPUESTA Nro. 12
La ENMIENDA de la Carta Organica de Pearland, Secciones 8.18 con respecto al
desembolso de fondos.
Esta enmienda elimina, a los miembros del consejo de la ciudad, la autoridad para
refrendar cheques, vales y autorizaciones para retirar dinero del tesoro de la ciudad.
PROPOSED AMENDMENT NO. 13
THE AMENDMENT OF the Pearland Charter, Section 8.22 regarding tax liens.
This amendment extends the commencement date for seizure and foreclosure
proceedings.
ENMIENDA PROPUESTA Nro. 13
La ENMIENDA de la Carta Organica de Pearland, Secciones 8.22 con respecto a
gravamenes fiscales.
Esta enmienda amplia la fecha de inicio de los procedimientos de embargo y ejecucion
de una hipoteca.
PROPOSED AMENDMENT NO. 14
THE AMENDMENT OF the Pearland Charter, Sections 10.09. 10.11, and 10.16
regarding the transition from a general law city to a home rule municipality.
This amendment removes references to language in the charter that only pertains to the
initial transition from a general law city to a home rule municipality.
ENMIENDA PROPUESTA Nro. 14
La ENMIENDA de la Carta Organica de Pearland, Secciones 10.09. 10.11 y 10.16
con respecto a la transicion de una ley general de la Ciudad a una regla municipal
interna.
5
Esta enmienda elimina las referencias a la lengua en la carta organica que solo
concierne a la transicion inicial de una ley general de la ciudad a una regla municipal
interna.
PROPOSED AMENDMENT NO. 15
THE AMENDMENT OF the Pearland Charter, Section 10.15 regarding the frequency
of the appointment of a Charter Review Commission.
This amendment increases the duration of the time period between required
appointments of the Charter Review Commission from four years to six years.
ENMIENDA PROPUESTA Nro. 15
La ENMIENDA de Ia Carta Organica de Pearland, Seccion 10.15 con respecto a Ia
frecuencia de Ia cita de una Comision de Revision de Ia Carta organica.
Esta enmienda aumenta la duracion del periodo de tiempo entre las citas requeridas de
la Comision de Revision de la Carta organica de cuatro anos a seis anos.
PROPOSED AMENDMENT NO. 16
THE AMENDMENT OF the Pearland Charter, Section 10.17 regarding the meaning
of the word "city."
This amendment deletes the meaning of the word "city" as the "City of Pearland" as this
definition is already defined in Section 1 .02 of the Charter.
ENMIENDA PROPUESTA Nro. 16
La ENMIENDA de Ia Carta Organica de Pearland, Seccion 10.17 con respecto al
significado de Ia palabra "ciudad".
Esta enmienda elimina el significado de Ia palabra "ciudad" como Ia "ciudad de
Pearland", puesto que esta definicion se encuentra en el Articulo 1 .02 de la carta
organica.
6