Loading...
R-2014-009 2014-02-10RESOLUTION NO. R2014-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ELECTION SERVICES AGREEMENT WITH BRAZORIA COUNTY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain election services agreement by and between the City of Pearland and Brazoria County, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an election services agreement with Brazoria County. PASSED, APPROVED and ADOPTED this the 10th day of February, A.D., 2014. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY )>" TOM REID MAYOR Exhibit "A" Resolution No. R2014-9 THE STATE OF TEXAS COUNTY OF BRAZORIA JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT by and between CITY OF PEARLAND., acting by and through the governing body of hereinafter referred to as "Political Subdivision", and Joyce Hudman, County Clerk of Brazoria County, Texas, hereinafter referred to as "County Clerk", and by authority of section 31.092(a), Texas Election Code, for the conduct and supervision of the Political Subdivisions election to be held on May 10, 2014. RECITALS Political Subdivision is holding a Municipal Election (at the expense of Political Subdivision) on May 10, 2014. The County owns an electronic voting system, the Hart InterCivic eSlate Voting System (Version 6.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements set forth by Texas Election Code Section 61.012. Political Subdivision desires to use the County's electronic voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The parties agree to hold a "Joint Election" in accordance with Chapter 271 of the Texas Election Code and this agreement. The County Clerk of Brazoria County shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Political Subdivision agrees to pay Brazoria County for equipment, supplies, services, and administrative costs as provided in this agreement. The County Clerk shall serve as the administrator for the Joint Election; however, the Political Subdivision shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The County Clerk shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of the Political Subdivision. It is understood that other political subdivisions may wish to participate in the use of the County's electronic voting system and polling places, and it is agreed that Brazoria County and the County Clerk may enter into other joint election agreements and contracts for election services for those purposes on terms and conditions generally similar to those set forth in this contract. Political Subdivision agrees that Brazoria County may enter into joint election agreements with other political subdivisions that may have territory located partially or wholly within the boundaries of Political Subdivision, and in such case all parties sharing common territory shall share a joint ballot 1 on the county's electronic voting system at the applicable polling places. In such cases, costs shall be divided among the participants. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. II. LEGAL DOCUMENTS Political Subdivision shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or Political Subdivision's governing body, charter, or ordinances. With reference to publications, the "County Clerk" will publish the "Notice of Test of Automatic Tabulating Equipment", but the "Political Subdivision" will publish the "Notice of Election." Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the County Clerk's Election Department. It is currently unclear whether the preclearance section of the Voting Rights Act of 1965, as amended, applies and whether preclearance is required. If it is determined that preclearance is required, the County Clerk's Election Department, with the assistance of the Brazoria County District Attorney's Office, shall prepare a submission to the United States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting Rights Act of 1965, as amended. If preclearance is required, each Political Subdivision shall provide necessary documentation for preclearance and this submission to the Department of Justice shall be made on behalf of all political subdivisions participating in joint elections on May 10, 2014. III. VOTING LOCATIONS The County Clerk's Election Office shall select and arrange for the use of and payment for all election day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by the county. The proposed voting locations are listed in Attachment A of this agreement. In the event a voting location is not available, the Elections Department will arrange for use of an alternate location with the approval of the Political Subdivision. The Elections Department shall notify the Political Subdivision of any changes from the locations listed in Attachment A. If polling places for the May 10, 2104 joint election are different from the polling place(s) used by Political Subdivision in it's most recent election, Political Subdivision agrees to post a notice no later than May 9, 201 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision's polling place names and addresses in effect for the May 10, 2014 election. Any changes in voting location from 2 those that were used in the last May Countywide Joint elections will be posted by the County Clerk's Electiion Office. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Brazoria County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location in accordance with Chapter 32 of the Texas Election Code. The County Clerk shall make emergency appointments of election officials if necessary. Upon request by the County Clerk, Political Subdivision agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). The Elections Department shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The County Clerk shall arrange for the training and compensation of all election judges and clerks. The Elections Department shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Department notifying him of his appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge will receive compensation at an hourly rate of $12.00. Each election clerk will receive compensation at an hourly rate of $10.00. The election judge will receive an additional sum of $25.00 for picking up the election supplies prior to election day and for returning the supplies and equipment to the central counting station after the polls close. All judges and clerks will receive $30.00 for attending training. It is agreed by all parties that at all times and for all purposes hereunder, all election judges, clerks, and all other personnel involved in this election are independent contractors and are not employees or agents of the County or Political Subdivision. No statement contained in this Agreement shall be construed so as to find any judge, clerk, or any other election personnel an employee or agent of the County or Political Subdivision, and no election personnel shall be entitled to the rights, privileges, or benefits of County or Political Subdivision employees except as otherwise stated herein, nor shall any election personnel hold himself out as an employee or agent of the County or Political Subdivision, unless considered a county employee as determined by the Brazoria County Human Resources Department. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Department shall arrange for all election supplies and voting equipment including, but not limited to official ballots, sample ballots, voter registration lists, and all forms, signs and other materials used by the election judges at the voting locations. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. 3 However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Department shall provide the necessary voter registration information, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. If special maps are needed for a particular Political Subdivision, the Election Department will order the maps and pass that charge on to that particular Political Subdivision. Political Subdivision shall furnish the County Clerk a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority's ballot is to be printed). This list shall be delivered to the Elections Department as soon as possible after ballot positions have been determined by each of the participating authorities. Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates and/or propositions. VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the County Clerk as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Political Subdivision agrees to appoint the County Clerk's permanent county employees as deputy early voting clerks. The participating authorities further agree that each Early Voting Location will have an "Officer in Charge" that will receive compensation at an hourly rate of $12.00. The clerks at each location will receive compensation at an hourly rate of $10.00. Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment "B" of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any one of the joint early voting locations. As Early Voting Clerk, the County Clerk shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the Political Subdivision shall be forwarded immediately by fax or courier to the Elections Department for processing. The Elections Department shall, upon request, provide the Political Subdivision a copy of the early voting report on a daily basis and a cumulative final early voting report following the election. VII. EARLY VOTING BALLOT BOARD Brazoria County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Elections Department, shall appoint two or more additional members to constitute the EVBB. The Elections Department shall determine the number of EVBB members required to efficiently process the early voting ballots. 4 VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The County Clerk shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Alternate Counting Station Manager: Tabulation Supervisor: Alternate Tabulation Supervisor: Presiding Judge: Alternate Presiding Judge: Janice Evans Brandy Pena Susan Cloudt Brandy Pena Bonnie Farrer Dottie Cornett The Elections Department will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to the Political Subdivision as soon as possible after all returns have been tabulated. All participating authorities shall be responsible for the official canvass of their respective elections. The Elections Department shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office. The Elections Department shall submit all Political Subdivision's precinct by precinct returns to the Texas Secretary of State's Office electronically. The Elections Department shall post all election night results to our website on election night. http://www. Brazoriacountyvotes.com. IX. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the cost per polling place. Costs for polling places shared by County, Political Subdivision, and other political subdivisions shall be divided equally among the participants utilizing that polling place. It is agreed that the normal rental rate charged for the County's voting equipment used on election day shall be divided equally among the participants utilizing each polling location. Costs for Early Voting by Personal Appearance will be divided by all Political Subdivisions as follows: Total cost of all 10 locations will be divided by all Political Subdivisions holding elections on May 10, 2014. Cost will be based on registered voters. 5 X. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Political Subdivision may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code, or should it be later ruled that the election is not needed. Political Subdivision is fully liable for any expenses incurred by Brazoria County on behalf of Political Subdivision. Any monies deposited with the county by the withdrawing authority shall be refunded, minus the aforementioned expenses. XI. RECORDS OF THE ELECTION The County Clerk is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the County Clerk or at an alternate facility used for storage of county records. The Elections Department shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the County Clerk shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the County Clerk any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. XII. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. Political Subdivision agrees that any recount shall take place at the offices of the County Clerk, and that the County Clerk shall serve as Recount Supervisor and the Political Subdivision's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Department agrees to provide advisory services to the District as necessary to conduct a proper recount and cost of the recount depends on the size of the election and number of precincts to be recounted. XIII. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, that other districts and political subdivisions may wish to participate in the use of the County's election equipment and voting places, and it is agreed that the County Clerk may contract with such other districts or political 6 subdivisions for such purposes and that in such event there may be an adjustment of the pro -rata share to be paid to the County by the participating authorities. 2. The County clerk shall file copies of this document with the Brazoria County Treasurer and the Brazoria County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. In the event that legal action is filed contesting Political Subdivision's election under Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its own expense, legal counsel for the County, the County Clerk, and additional election personnel as necessary. 4. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 5. The parties agree that under the Constitution and laws of the State of Texas, neither Brazoria County nor Political Subdivision can enter into an agreement whereby either party agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any, to indemnifying or holding or saving harmless for any reason are hereby deleted. 6. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazoria County, Texas. 7. In the event of one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 8. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 9. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. 10. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. XIV. COST ESTIMATES AND DEPOSIT OF FUNDS The cost of this election will be calculated once we know how many political subdivision will be holding elections and once we know the total expenses incurred to hold this election. Political Subdivision agrees to pay to Brazoria County a deposit of $5,800.00, which is about 50% of the cost of your most recent May election. This deposit shall be paid to Brazoria County within 10 days after the final candidate filing deadline. The final candidate filing deadline is February 28, 2014. Therefore, deposit is due by March 10, 2014. The exact amount of the Political Subdivision's obligation under the terms of this agreement shall be calculated after the May 10, 2014 election and if the amount of the Political Subdivision's obligation exceeds the amount deposited, the Political Subdivision shall pay to Brazoria County the balance due within thirty (30) 7 days after receipt of the final invoice from the County Clerk's Election Department. However, if the amount of the Political Subdivision's obligation is less than the amount deposited, Brazoria County shall refund to the Political Subdivision the excess amount paid within thirty (30) days after final costs are calculated. IN TESTIMONY HEREOF, this agreement, its multiple originals all of equal force, has been executed on behalf o/'fthe parties hereto as follows, to -wit: (1) It has on the T day of /a,� o , _ y / , 2014 been executed on behalf of Brazoria County by the County Judge or the ounty Clerk pursuant to the Texas Election Code so authorizing; (2) It has on the 10TH day of February , 2014 been executed on behalf of the Political Subdivision by its Presiding Officer or authorized representative, pursuant to an action of the Political Subdivision so authorizing; ATTEST: g L•, ing, y Se retary Yrp •nm„o„a+M°�• BRAZORIA COUNTY By By Joyce Hud - n, County Clerk POLITICAL SUBDIVISION ing Officer or Authorized Representative CI OF PEARLAND Jon R. Branson Interim City Manager 8 STATE OF TEXAS COUNTY OF BRAZORIA Personally appeared before the undersigned, a Notary Public within and for said County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly sworn, states under oath that the report of Legal Notice, a true copy of Which is hereto annexed was published in said newspapers in its issue(s) of February 20, 2014. SARAH REBECCA FERGUSON MY COMMISSION EXPIRES January 17, 2016 ublisher's sher's Representative Sworn to and subscribed before me this Zo day of March , 2014. Notary Public My commission expires on /'I7] tp 2013 City of Pearland Charter Review Commission's Proposed Charter Amendments Proposed Charter Amendments Section 3.01. - Number, selection and term. The legislative and governing body of the city shall consist of mayor and seven five (75) 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, 5, 6 and 75. (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) council - members 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 first election year after adoption of the amendments to the charter creat- ing positions 6 and 7 one councilmember shall be elected for an initial two (2) year term for position 6 (which shall be considered a full term of office) with three (3) year terms thereafter and one councilmember shall be elected for an initial three (3) year term for position 7 with three (3) year terms thereafter. (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 elec- tions 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 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, how- ever, the city council may designate another place for such meetings after publishing the due notice thereof in one (1) issue of the official 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, . 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. 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 fis- cal 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 in- clude 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, and the re 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 laws, 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 amend- ment. No ordinances or resolutions which may have been passed by the city coun- cil 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. Section 8.06. - Notice of public hearing on budget. , tin ac- cordance 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 suet-meefing-the public hearing on the submitted budget. adoption -p1 the -budget- Section 8.08 — Amendment Before Adoption 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-ttna1Iy 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 bud- get, 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 ; espies -made public availabilityle. 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 final budget shall be published on the City's website - and-eepics�s shawl -be made available for the use of all offices, departments, and agencies and for the use of interested persons and civic organizations. A Section 8.14. - Contingent appropriation. Provision shall be made in the annual budget and in the appropriation ordi- nance for a contingent appropriation in an amount not to exceed rnere than one (1)seven-(7) per centum of the general fund expenditures tetal-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. taxes. Section 4.05. - Department of finance. There shall be established and maintained a department of finance to admin- ister 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 and 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. total seven (7 Section 8.18. - Disbursement of funds. 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 counter- signed by the city secretary, or the city treasurer, council 2(Zozver-116/1) • • • Section 4.09. -Volunteer#Fire department. There shall be established and maintained a fire department to provide fire 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. 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 du- ties as maintenance of water and sewage facilities, maintenance of streets, , and such other and further duties for the public at large as may be assigned by the city manager. Section 4.12. - Department of parks, recreation and beautification. There shall be established and maintained a department of parks and recre- ation. 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 appropri- ate programs for the beautification of the city. 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, Of 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 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 draw- ing 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. Section 6.02. - Scope of recall. Any elected city official, . , shall be subject to recall and removal from office by the qualified voters of the city on grounds of incompetency, misconduct or malfeasance in office. 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 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, 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 en- titled 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 per- sons, 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 tan- gible 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. The budget adopted for the city for the fis al y ar October 1, 1970, to Sep .. 1 under the charter. extended one (1) year to the 1972 election. In 1972 elect the mayor and cilmembcrs for position 2 and position 4 shall be extended to the 1973 cicction. In 1973 elect councilmembers for position 2 and position 4 for Section 10.15. Charter review commission. The city council shall appoint at its first regular meeting in January of every sixthfourth year, beginning with 201905, or more frequently if the city coun- cil deems necessary, a charter review commission of five (5) citizens of the City of Pearland: word "city" means "City of P arland."