R-2016-032 2016-02-22RESOLUTION NO. R2016-32
A Resolution of the City Council of the City of Pearland, Texas, accepting
the records of a Local Option Petition (April 20, 2015) into the official
records of the City in accordance with Texas Election Code, Section
501.033.
Whereas, the City previously received an application for a Local Option Election,
to allow "The legal sale of alcoholic beverages including mixed beverages" within the
City of Pearland, Texas; and
Whereas, state law requires 7,038 valid petition signature in order for a Local Option
Election to be called; and
Whereas, on April 20, 015 the City Secretary issued Local Option petitions to the
applicants which were required to be returned to the City Secretary on or before June 22, 2015;
and
Whereas, the City Secretary received 131 petitions containing 1,182 non -validated
signatures on July 7, 2015; and
Whereas, the petition failed to meet the statutory requirements to require a Local Option
Election to be called.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council hereby accepts the petition, attached hereto as Exhibit
"A", into the records of the City.
PASSED, APPROVED, AND ADOPTED this 22nd day of February, A.D., 2016.
APPROVED AS TO FORM:
DARRIN M CODE
CITY ATTORNEY
TOM REID
MAYOR
Petitions will be available upon request
1 RESPONSIVE RESULTS-ORIENTED a TRUST-BUILDERS ACCOUNTABLE
Memo
`' % f 9y To: Clay Pearson, City Manager
e �e` r®`; From: Young Lorfing, City Secretary
l CC: Jon Branson, Deputy City Manager
Date: April 8, 2015.
Re: Possible Local Option Election November 3, 2015
On Tuesday, March 31, 2015 the City Secretary's Office received an Application for
Local Option Election for"The legal sale of all alcoholic beverages including mixed
beverages" within the City of Pearland. Mr. Mark Smith, who delivered the application
said this is a project the Chamber's Leadership Class is doing to secure the petition
signatures needed for the City to call a Special Local Option Election.
The application is in the proper form with more than the ten signatures of qualified voters
as required and has the affidavit of publication attached.
The City is responsible for preparing the petitions as prescribed by the Secretary of
State and Election Code. The petitions were ordered today. There will be enough
petitions for 10,000 signatures.
The petition signature requirement is 35 percent of the registered voters in the City who
voted for governor in the most recent gubernatorial election.
For the November 4, 2014 Election there were 20,107 votes cast and 35 percent of the
votes cast is a signature requirement of 7,038.
The petitions must be filed no later than 60 days after it is issued. The issue date of the
Petitions is Monday, April 20, 2015. The petitions will be due in the City Secretary's
Office Monday, June 22, 2015.
' If there are enough signatures received, the next uniform election date is Tuesday,
November 3, 2015 at which time a Special Local Option will be held.
The Mixed Beverage Permit (MB) authorizes the holder to sell mixed beverages from
unsealed containers and wine, beer, ale and malt liquor in containers of any size for on-
premise consumption.
For further clarification the application as submitted will not allow liquor stores. That is a
separate permit and will require an application requesting the legal sale of alcoholic
beverages for off-premise consumption only.
As we move through the process I will be sending you updates.
Please let me know if you have any questions.
Prescribed by Secretary of State - � ilinI
Section 501.026.501-027,501.028 %a.�:414.6{r111ivkeIi
Texas Election Code 4 09 •••:
i.
PETITION FOR LOCAL OPTION ELECTION TO LEGALIZE w? �\ • 5
PETICION PARA ELECCION DE OPCION LOCAL PARA LEGALIZAR $ \ .0
TO THE CITY COUNCIL OF THE CITY OF PEARLAND,TEXAS: SEAL OF THE CITY OF PEARLAND/BRAZORIA,HARRIS&FORT BEND COUNTIES ' 4181,lnWO��
Al.AYUNTAMIENTO DE LA CIUDAD DE PEARLAND. TFJAS: EL SELLO DE LA CIUDAD DE PEARLAND>BRAZORIA,HARRIS Y FORT BEND CONDADOS
We,the undersigned qualified voters of the City of Pearland,Texas,hereby respectfully request that a local option election be called in accordance with the terms and provisions of the Texas Election Code,Title 17 in the above
mentioned area for the purpose of submitting to the legally qualified voters of said area the determination of the following issue,to wit:
(Nosotros,los subcritos votantes capacitados de la Cuidad del Pearland, Tejas,por media de to presente,respetosamente suplicamos se haga ttna llamada de ELECCION de option local de acuerdo con los terminos y prarisiones del Codigo de Election de Texas, Thula 17
en area mencionada previamente y para el proposito de someter a los yotantes legalmente capacitados de dicha area la determination del siguiente asunto,a saber)
FOR/AGAINST"The legal sale of all alcoholic beverages including mixed beverages."
A FAVOR/EN CONTRA "La yenta legal de todas bebidas alcoltolicas incluyendo bebidas mixtas"
It is the hope,purpose and intent of the petitioners whose signatures appear heron to see legalized the sale of alcoholic beverage referred to in the issue set out above,
(Es Ia esperanza,proposito y intention de los solicitantes cuyas frrmas aqui aparecen,que este legalizada la yenta de bebidas alcoholicas referida en el asunto arriba expuesto.)
Date Signed Signature Panted Name Date of Birth Residence Address City/Zip County of Stale(Ertado) Voter Registration Number(f)ptionalt
(Fecha de (Firma) (Nombre en tetra de molde) (Fecha do (Direction de Residencia) (Ciudad, Registration (Num.de Registro de Vetannej
Firma) Nacimicnto) Zip) (Condado de
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Serial Number(Numbro de Serie): Young Lorfing,City Secretary
(Young Lorfing,Secretario de Ciudad) Date of Issuance(La fecha de Emision):November 12,2015
0001
RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE
Memo
eifd Pt
U°� ��y� To: Clay Pearson, City Manager
mo°
HARLAI1 From: Young Lorfing, City Secretary
D
fsr. 0or CC: Jon Branson, Deputy City Manager
Date: June 23, 2015
Re: Local Option Election Petitions
On Monday, June 22, 2015 the City Secretary's Office received an email from Mr. Smith
stating they had only received about 1,500 signatures on the petitions for"The legal sale
of all alcoholic beverages including mixed beverages" within the City of Pearland.
The petitions needed at least 7,038 signatures in order to call a Special Local Option
Election. With the lack of enough signatures no further action is required from the City.
We are waiting for the petitions to be turned in. The petitions were due Monday, June
22, 2015.
Please let me know if you have any questions.
Young Lorfing
From: J. Mark Smith <mark@jmsmithlaw.com>
Sent: Monday, June 22, 2015 12:03 PM
To: Young Lorfing
Subject: RE: Local Option Petition
K.p gall l in>l luC-3- OM you allit,m9onl fh j - about r:5'0®.gftipangiu
From:Young Lorfing [mailto:ylorfing@pearlandtx.gov]
Sent: Monday,June 22, 2015 12:00 PM
To:J. Mark Smith
Cc: Darrin Coker
Subject: RE: Local Option Petition
1 -.pat' o n is OPtoday .
Thank you - Young
From:J. Mark Smith [mailto:mark@jmsmithlaw.com]
Sent: Monday,June 22,2015 11:45 AM
To:Young Lorfing
Subject: Local Option Petition
,e ratworl ur best lonr6kwa o o i In o o -h no anpo,Vite . o :et ft needed sign-tures.ID3NG Do Ma 'REM Brnl i.
go
Sincerely,
Hark/Sin a h ,JD, A11374, SAW?, S(1A'1 SCP
The Law Office of Mark Smith, PLLC
1920 Country Place Parkway,Suite 320
Pearland,TX 77584
(281)489-3934 Phone
(281)506-8693 Fax
www.imsmithlaw.com
Representing entrepreneurs, small businesses, and non-profits.
Confidentiality Notice
This e-mail,including any files transmitted with it,is confidential and is intended soley for theuse of the individual or entity to whom it is addressed.This
communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for
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or copying of this e-mail is strictly prohibited. If you have received this e-mail in error,please immediately return this e-mail to the sender.Thank you.
X = Young Lorfing, TRMCJ City Secretary I City Secretary's Office
City of Pearland 13519 Liberty Drive I Pearland, TX 77581
T: 281.652.1655 C: 713.775.4019
pearlandtx.gov
1
is ,,
Young Lorfing
From: LisaM@brazoria-county.com
Sent: Tuesday, March 31, 2015 11:04 AM
To:. Young Lorfing
Subject: Registered Voters Petition
1. John Mark Smith yes
2. Seth.Thompson-yes
3. Kevin..Murphy-yes.
4. Rod Holmes-No record found
5. Angel Morales-No record found
6. Donna Cryer-yes
7. Jackie McGill-yes
8. Ethel Little-yes
9. Gary. Kidney on suspense with address of 3515 Teakwood Ln Pearland- but is registered.
10. Mary Helen Lowry-yes
11.Fay Watson-yes
12.Jonathan Watson-yes
13.David Watson-yes
14.James Kevin Cole-yes
15.Claire Ingalls-yes
16.Catherine A Kellogg- No record found
17.JoAnne Knodel-yes
18.Helen Beckman-yes
Lisa Mujica
Assessing/Voter Registration Supervisor
Brazoria County Tax Office
111 E. Locust
Angleton, TX 77515
(979) 864-1345 fax (979) 864-1346
lisam@brazoria-county.com
y jI4
1
This message has been prepared or disseminated using resources owned by Brazoria County and is subject to the County's policies on
the use of County provided technology.Email created or received through the County's computer system by any County employee or
official may be considered a public record,subject to public inspection under the laws of the State of Texas
2
4
COPYWICEIVein
Application for Local Option Election Petition to Legalze MAR 3 1 2015
RLANCOMES NOW,John Mark Smith, and applies for a petition for a local It -Fali'ag'OF SCE
Texas Election Code Chapter 501 to approve the legal sale of all alcoholic beverages m61u ing mixcd
' beverages within The City of Pearland,Texas.This application is delivered to Young Lorfing, City
Secretary, The City of Pearland,Texas. Proof of public notice as required by Section 501.023 of the
Texas Election Code is attached as Exhibit A to this Application.The required signatures for this
application are below.
It is the hope, purpose and intent of the applicants whose signatures appear hereon to see
legalized the sale of alcoholic beverages referred to in the issue set out above.
----
Signature21,....- Signature A e
Print Name )Cq j / $,t(/7 Print Name 7)i JJ1u J' /e) e/C_
Address (a1E37 /4. Address (!CLod--Pe A' E.0 L AI
City,State Zip ��'jl4fj,( D! '?7 City,State Zip 02/4 (1 f r�r�*/
Signature / Signature '1X.C
Print Name CV?) it 94 .4) Print Name -TAki(; ( G(W
Address 133 A) -Gle a (A) Address 5, p 2(/ 1 Q e
City,State Zip - D.j1 J 7�41 City,State Zip if 4 -� '� 16/ )�
'7/f A :
/ 1VL�Signature �` Signature �j
Print Name 14 e V 1 h '', /11u,r7/` Print Name / " L..- Lf�LL�
yQ Address ‘ 2 J(b g�i Address t S 6 ,P R-0-02-0504
City,State Zip r-P C,.. !u. Ty 7 7 J Q7 City,State Zip V6V-Clir'` /X` "'//' `_
Signature Signature 5t, \ k` 1
,.....,
Print Name — Print Name Cam.r-y ).( 14 t d n pY
Address /9 S St1.f? C-a C...;;a0 Address 67 2 3 �.et IN '3),%:5314 ' {`.
City,State Zip �v4771 ` /V.-74 1 City,State Zip e-e i f I/
Signature 0-4 // Signature
Print Name GU J d PoV?{(pp Print Name e (9 IT
Address ('q P]j( ,-0 I I 0 Wc Address
Xil
City,State Zip raft 'l l' o4 T� -7-7 St 3 City,State Zi ,hi Atli
No 42 ,-:--T
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COPYR. , CEIVID
Application for Local Option Election Petition to Le;* MAR 3 1 2015
COMES NOW,John Mark Smith, and applies for a petition for a local optiaPea16rfip
Texas Election Code Chapter 501 to approve the legal sale of all alcoholic beN&$.cs WilgihiVe§ OFFICE
beverages within The City of Pearland,Texas. This application is delivered to Young Lorfing, City
Secretary, The City of Pearland,Texas. Proof of public notice as required by Section 501.023 of the
Texas Election Code is attached as Exhibit A to this Application. The required signatures for this
application are below. .
It is the hope, purpose and intent of the applicants whose signatures appear hereon to see
legalized the sale of alcoholic beverages referred to in the issue set out above.
Signature \ IVtte>1 Signature c2. 4"..ec,_
Print Name ��, kC(/ , s Print Name if
r 4 _
Address 1-I07- ZracAccA G Address Z? )It a e_.,tiit.
t___u_.)
City,State Zip ?mac 1 A ` -7'15-8 1 City, State Zip P--. )/2_C_ (� riy \77
"---
Signature Signature 67,,a„,,_,6,,,,,- -i
Print Name y11 t1 (111'5°11 Print Name Jolt?4•,0- /c4 OX/
Address C `0 2 'B.�Q�-iC L t7 Address 3 D3 �e//focAZ elCity,State Zip i�'6Y�r1��1 .7C 77& 1 City,State Zip ar44C" 7 7718/
i
----r-241
Signature (�� 17/'‘' . Signature ,
Print Name D 1 i I,/� , ,-, f-7
,. Print Name ' c e n l� ('ck I ma f
/ 1 Address �i /
Address I 4 0`Z �D C(«-/ �o °-r ���_�j C�/�Z et lid);II
City,State Zip 1" e (Z(-i 0 /S[ 9-75-F i City,State Zip ��c` (-l ,,,e( 1 X7 75s,--/
Signature /-X (-` Signature
Print Name `"/� e v,)1 �1`e Print Name
Address 301 / (Q S OP A ' b Address
City,State Zip 7'' C A I . j City,State Zip
Signature Signature
Print Name C `Air>° LT,,i1A,115-
Print Name
Address alii01ji10A,k/ Address
City,State Zip tei5 lavid/ Ti 77$ 1 City,State Zip
Young Lorfing
From: Young Lolling
Sent: Tuesday, April 14, 2015 7:48 AM
To: 'mark@jmsmithlaw.com'
Cc: Darrin Coker; Jon Branson; City Secretary's Office
Subject: Local Option Election Petitions
Mr. Smith,
The petitions are ready for you to pick up.
They have the issue date of next Monday, April 20, 2015.
The petitions will be due in the City Secretary's Office Monday, June 22, 2015.
Please let me know if you have any questions.
Thank you,
Young
i
Young Lorfing
From: Young Lorfing
Sent: Wednesday, April 08, 2015 10:44 AM
To: 'mark@jmsmithlaw.com'
Cc: Manager's Office; Darrin Coker; City Secretary's Office
Subject: Local Option Petition Signatures
Mr. Smith,
For the November 4, 2014 Election there were 20,107 votes cast and 35% of the votes cast is a signature
requirement of 7,038.
The petitions will be ordered today. We will contact you when they are available for pickup.
There will be enough petitions for 10,000 signatures. The issue date of the Petitions is Monday April 20, 2015.
The petitions will be due in the City Secretary's Office Monday, June 22, 2015.
Please let me know if you need anything else.
Thank you,
Young
i
L -• J.
Young Lorfing
To: elections@sos.texas.gov
Subject: Notice of Local Option Petition -City of Pearland
Attachments: 2015-04-28 Letter SOS.pdf
Attached is a letter of notice of a Local Option Election Petition for the legal sale of alcoholic beverages
including mixed beverages within the City of Pearland.
Please let me know if you have any questions.
Thank you,
Young
i
RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE
V p4
e 'C,7 City of Pearland
v
i. 3519 Liberty Drive
IP `r g I .£ Pearland, Texas 77581
T t x A 5,, Tel= 281.652.1655
t'si 8ga ylorfing@pearlandtx.gov
Young Lorfing, TRMC
City Secretary
April 28,2015
The Honorable Carlos H. Cascos
Secretary of State
P.O..Box 12887
Austin, Texas 78711-2887
RE: Issuance of Petition for Local Option Election
" The legal sale of alcoholic beverages including mixed beverages"within
the City.of Pearland, Texas"
Dear Mr. Cascos,
On March 31, 2015 the City of Pearland City Secretary's Office received an application for Local
Option Election Petition to legalize the sale of alcoholic beverages including mixed beverages
within the City of Pearland, Texas. The application is in good form containing the proper amount
of signatures and an affidavit of publication.
On April 15, 2015 this office supplied enough petitions to obtain 10,000 signatures. The
issuance date of the Petition is April 20, 2015.
Based on the most recent gubernatorial election there were 20,107 votes cast and 35 percent of
the votes cast is a signature requirement of 7,038.
If you have any questions or need additional information, please call Young Lorfing, (281) 652-
1655.
Respectfully,
,
7-7
• ng Lo g, TR C
y Secretary
RESPONSIVE RESULTS-ORIENTED TRUST-BUILDERS ACCOUNTABLE
h
City of Pearland
3519 Liberty Drive
L.' ` `�' Pearland, Texas 77581
Tel: 281.652.1655
Sr, Soh ylor-fing@pearlandtx.gov
Young Lorfing, TRMC
City Secretary
April 28, 2015
Texas Alcoholic Beverage Commission
P.O. Box 13127
Austin;Texas 78711
RE: Issuance of Petition for Local_Option Election
"Legal sale of alcoholic beverages including Mixed Beverages within
the City of Pearland, Texas"
Dear Sir/Madam,
On March 31, 2015 the City of Pearland City Secretary's Office received an application for Local
Option Election Petition to legalize the sale of alcoholic beverages including mixed beverages
within the City of Pearland, Texas. The application is in good form containing the proper amount
of signatures and an affidavit of publication.
On April 15, 2015 this office supplied enough petitions to obtain 10,000 signatures. The
issuance date of the Petition is April 20, 2015.
Based on the most recent gubernatorial election there were 20,107 votes cast and 35 percent of
the votes cast is a signature requirement of 7,038.
If you have any questions or need additional information, please call Young Lorfing, (281) 652-
1655.
Respectfully,
ung L ing, TRMC
ity Secretary
AFFIDAVIT OF PUBLICATI SIMI
MAR 3 1 2015
The Pearland Reporter News CITY OF PEARLAND
2404 Park Avenue CITY SECRETARY'S OFFICE
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
Galveston Counties, for / issues, as follows:
No. / Date 3 -Z.- 20 /$
No. Date 20
•
No. Date 20
No. Date 20
No. Date 20
CFO
Subscribe and sworn to before me this day of CiinatcA
20 Jc
t AURA ANN EMMONS Laura Ann Emmons, Publisher
s
NOTARY PUBLIC
'. STATE OF TDU►3
+' ` mycommissionExpirescomon..; Notary Public, State of Texas
O
4r •
..p.—. ,
k_
i- 'I.0 REPORTER NEWS,March 25,2015
.1-' . rig REPORTER NEWS 28
8
CLA�SSIEIEDS r
4 LEGALS LEGALS LEGALS
Published March 25,2015 -ublished March 25,2015 i
` NOTICE OF APPLICATION FOR LOCAL OPTION-ELECTION • , PUBIS
- PETITION TO LEGALIZE \ HOUSING DISCRIMINAI '
Notice is given that John Mark Smith.is,applying for a petition fora' \;Fair Housing is a National Pc
- . local option election pursuant to Texas Election'Code Chapter 50f to, and it's your right. To promotl •
i- approve the legal sale of all alcoholic beverages including mixed bey...) Brookside Village has passed;
- erages within The City of Pearland,Texas.This application is delivered Haling the month of April passed;
to Young Lorfing,City Secretary,The City of Pearland,Texas.
Title VIII of the Civil Rights j
Published March 25&April 1,2015 discrimination against any per
Pearland ISD is now accepting competitive sealed proposals for 'gion;sex,age,disability,familii
ELECTRIC SUPPLY in the office of Ms. Connie Hill, Director of or renal of units in the housini-
l Purchasing, 1928 N. Main, Pearland, Texas, 77581 until 2 p,m. on
.Form a information on far
Thursday, April 16, 2015. Proposal packets may be,obtained'at' housing disc minatio�' call tti
http://www.pearlandisd.org/departments.cfm'subpage=19492 ' �
•- - (Click on current bids/proposals) beginning.Wednesday, March 25, Urban Dev' oRment's toll free.',
;: ' 2015 until Thursday,April 16,2015. - -
_ LEGALS LEGALS LEGALS
PUBLIC AUCTIOWOF,ABANDONED,VEHICLES \• •\,
. : •. " . Friday,.March 27,201'5 @ 9:00 am -
_: :.; PEARLAND PD & FORT-BEND COUNTY WRECKER SERVICES
- --= SALE SITE VARIOUS LOCATIONS IN PEARLAND&FORT BEND COUNTY
1
.',' * FIRST AUCTION WILL START AT 9:00 AM,ALL OTHER TIMES ARE ESTIMATED*-
_ 9:00am Landon's Hvy Wckr Svc,2242 N Sacramento,Pearland Tx 77581 - 281-485-7328 I
' ' ••' 9:15am(Est) HP Auto Wrecker,3412 Lockheed,Pearland Tx 77581 , 281-997-8697 I
9:30am(Est) Hollands Wrecker Service,3504 Lockheed,Pearland Tx 77581 713-922-5792 1
9:45am(Est) Hawk Wrecker&Storage,3503 Lockheed St,Pearland Tx 77581 281-948-7977
10;00am(Est) American Wckr of Pearland,3502 Lockheed,Pearland Tx 77581 21-485
8 6663
10:15arfi(Eet) Red's Wokr Svo,3020 Wagon Trail,Pearland Tx 77584 9487 1
7-,
10:45am(Est) JJ&K Auto Storage,6829 Arnie Ln,Pearland Tx 77584 N•\ 281.48 -
(- • 11:15am(Est) Express Auto Storage,6719 McKeever Rd,Pearland Tx 77584 281-692-0222
i- 11:45am(Est) Long's Auto Rpr&Wckr Svc Inc,4829 Betty Dr,Pearland Tx 775841i', 281.489-0203
.0203
12:30pm(Est) Quality Paint&Body Shop,513 Pecan,'Fresno Tx 77545 • j
1:00pm(Est) C&I Storage Yard LLC,210 McIntyre Ln,Houston TX 77053 281.416.9227
1:30pm(Est) Gomez Towing,16927 Horselane,Houston Tx 77053
;\
2:00pm(Est) Collision Clinic Storage,2703 Rastus,Stafford Tx 77459
281-261-0124
245pm(Est) Fort Bend Imp&Recvy Inc,1333 Packer Ln,Itafford Tx 77477 281-499-4350 I
= 3:15pm(Est) Elite Collision Paint&Bdy,10522 Brighton Ln,Houston Tx 77031 281-879-5173 I
3;45pm(Est) Off The Hook Auto&St,12339 Bellaire Blvd,Houston Tx 77072 281.495.4665
4:15pm(Est) Motorsports Wrk&Rec,400 Hillsman St,Sugar Land Tx 77478 281 9337177 ;`a :=µ'
14429 Auto Pkwy,Houston Tx Ti083 ,_• `, ' •
5:OOpm(Est) Allied Towing&Storage, Wrecker Services `- J -'`` ••:
Thursday,March 26th,2015 @ 10:00am ** Galveston City&County
Call for more information 1-800.448-2344 or view our website www,drugselzure.com •A 5/o Buyers Premiumi,
*RETURN CHECK FEE$50.00* All Auctions Are With Reserve. ' -
- >< D L MCCLURE TX CLJOBE TX 1719 A �
12482
_\