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HomeMy WebLinkAbout1979-04-09 - Special City Council14 SPECIAL SESSION - MONDAY APRIL 9, 1979 - 4:00 P.M. CHAMBER OF THE CITY COUNCIL CITY HALL, CITY OF STEPHENVILLE, TEXAS The City Council of the City of Stephenville, Texas met in Special Session Monday, April 9, 1979 at 4 o'clock p.m. with Mayor Donald R. Jones present and presiding. Councilmembers Mike Leese, Charles Riggins, E. W. Ferguson, and Larry Hammett.were present. Councilmembers W. M. Irwin, Calvin A. McGee, Raymond Anderson, and Linda Chew were absent. Others attending the meeting were City Administrator Marshall Shelton, Administrative Assistant Kurt Ackermann, Director of Public Works R. Y. Gann, Director of Parks & Recreation Ronnie Isham, and City Secretary Joyce Pemberton. ITEM I: CANVASS OF THE ELECTION RETURNS Mayor Jones appointed Councilman Hammett, with the assistance of City Administrator Shelton and himself as ex officio, to canvass the returns of the City Officers Election held on April 7, 1979. Councilman Hammett reported that the votes had been canvassed and everything seemed to be in order. The candidates received the following, votes out of 651 total ballots cast: Place 1 - Charles Riggins--------------- -545 votes Place 3 - Mike Leese-------------- - - - - -- -530 votes Place 5 - E. W. Ferguson---------- - - - - -- -348 votes Place 5 - G. C. "Cleve" Cole III-- - - - - -- -288 votes Place 7 - Raymond Anderson-------- - - - - -- -397 votes Place 7 - Larry Tatum------------- - - - - -- -238 votes Councilman Hammett moved, seconded by Mayor Jones, that a Resolution be passed declaring the results of the City Officers Election held on April 7, 1979, as reported. (Resolution attached to and becoming a part of these minutes). The motion carried by the following vote: AYES: Mayor Jones, Councilmen Leese, Riggins, Ferguson, and Hammett. NOES: None ABSENT: Councilmembers Irwin, McGee, Anderson, and Chew. The City Secretary gave the newly elected councilmembers the Oath of Office and presented a Certificate of Election to each (with the exception of Councilman Anderson who was absent). Councilman Leese moved, seconded by Councilman Riggins, to approve the expense account of $270.00 for the holding of the April 7, 1979 City Officers Election and authorize payment of said expense account. Motion carried by the following vote: AYES: Mayor Jones, Councilmen Leese, Riggins, Ferguson, and Hammett. NOES: None ABSENT: Councilmembers Irwin, McGee, Anderson and Chew. ITEM II: DISCUSSION OF USE OF CITY RECREATION BUILDING. Director of Parks & Recreation Ronnie Isham came before the Council requesting some official guidance with regard to the consumption of alcoholic beverages within the Recreation Hall in the City Park. Mr. Isham said that City Attorney Chandler had advised him that the State law does not cover this and something locally is needed. He said he had been advising everyone that alcoholic beverages were not allowed in the Recreation Hall, but legal counsel seemed to think that, if some- one wanted to question it, there is not a local ordinance to that effect. Mr. Isham,,in,,answer to the Mayor's question, said he was sure that some people brought alcoholic beverages into the park itself. There is not an ordinance saying they can or they can't. Mr. Isham said he would like an ordinance prohibiting alcoholic beverages in the Recreation Hall itself. It would be very hard to en- force an ordinance prhibiting alcoholic beverages in the park itself. Number of ballots received Number of ballots defectively printed Number of mutilated ballots returned by voters Number of ballots not given to voters . . . . Number of ballots voted (as shown by number of voters on poll list) . . . . . . . . TOTAL NUMBER OF BALLOTS ACCOUNTED FOR . . . . . . . . *These two numbers should be equal. . -----------------,-p------------ - - - --------- - - ---Y r c� 4 s-1 )15�n b I the undersigned, Presiding Judge of the Election held on the 21 ay of -, A. D. 19_ /'f , at Election Precinct No. _- { __ _------ -------------- Texas, do hereby certify that the above and fore oing statement of official ballots of said Election is true and correct, and that all ballots returned by me were locked in the ballot box as required by law. WITNESS MY HAND this the ____ - -- day of _____ _ A. D. 19__7'2 — . - -- aiding J ge. NOTE: This form to be executed and returned in Ballot Box No. 4. See Art. 100, Texas Election Code (V.A.C.S...Art. 8.18). 16- 4144 — RETURNS OF CITY OFFICER ELECTION (1277) Hart Graphics, Austin, Texas Election Returns For City Officers' Election THE STATE OF TEAS CITY OF TO THE CITY COUNCIL = COMMISSIONI OF THE CITY OF rCPlF.w, %�P TES; I, the undersigned, the presiding judge for an election held in Election Precinct No. at RC–U "Zz e W Building, in said City on the �7'i day of for the purpose of electing the hereinafter named officials, do hereby certify that at said election only resident qualified voters of said city were permitted to vote, and that there were votes cast, and that said respective candidates each received the following number of votes, to -wit: FOR MAYOR2 NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED FOR ALDERMANS /COMMISSIONERI — - - NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED Ch 4,e /Es X,4!7z vS - RIn e x ,r R� y/iPon/ ti /InI (_ -eso,v, x-014 .F % FOR -s- 94 ZVP .2.s Ss 39'17 NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED r'. FOR )'14 C F I. '? ("'i Ty �ou. ✓ri NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED PUCE r CE - A 1, A,4,yle-s elq�"yx 'PlIeE -3.. IVlke' t E'ESc- FOR 44126-67- tI%V C'O ✓. ✓r. / NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED E'. W. l =ec�i uso.✓ C . "C l6 Im " C'a /C- FOR 1.7 4CE 7- C� t o C ®v. ✓c, NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED' J. �B y TNT M) If_4 .Pa4 ,u,j df I herewith enclose poll list and tally sheets of said election. WITNESS MY HAND this the f Yh day of 19 c Presiding Kdge 'Strike one not applicable. •Strike if not applicable. -If Aldermen are elected by the place system, insert the place to be filled. i C 16 -3416 — Expense Account — Election (378) © Hart Graphics — p Austin, Texas EXPENSE ACCOUNT FOR HOLDING ELECTION, _APk 1 l 7 lg , ELECTION PRECINCT N0. _- �h'/3f�i COUNTY, TEXAS TO THE HONORABLE q,4 A0.p NAMES AND ADDRESSES OF PRESIDING JUDGE, AND CLERKS HOLDING THE ABOVE MEN- TIONED ELECTION: NAME OF ELECTION OFFICIAL ADDRESS OF ELECTION OFFICIAL HOURS WORKED AMOUNT Vn C-Ao'e1v ' i,j' ,P ,00f, /2 /V" 1F. E o l+T'E' _ ��_dl/t/Ze� %` /2 3o.oa Ov J� g /:N r /��z 33.7.5 FN /fie e.Ilauy�,l, /D Z 7 w / 96Y I2 30. o n S 2 5 T/lt��fe;✓ 12 0 /,g L and address of person who delivered returns and election supplies not used: n - OTHER EXPENKES NECESSARILY INCURRED IN HOLDING SAID ELECTION Item of expense and to whom payable and address of said party: I hereby certify that the above is a true and correct statement of the names, addresses, and hours served of all of the election officials conducting the above named election, and the other expenses incurred in said election, and that all of said expenses were necessary to conduct said election. Art. 22 of the Texas Election Code (V.A.C.S. Art. 3.08), authorizes the authority responsible for the expenses of the election to determine the rate of pay for each judge or clerk with a maximum of $2.50 per hour for each judge or clerk. No judge or clerk shall be paid for more than one hour of work before the polls open. Where voting machines are used no judge or clerk shall be paid for any period of time subsequent to two hours after the official time for closing the polls or subsequent to two hours after voting is concluded by all voters offering themselves for voting during regular voting hours, whichever is the latter. The judger who delivers the returns of election may be paid an amount not to exceed $15.00 for that service provided he also makes returns of ballots, ballot boxes and election supplies not used when he makes returns of the election. RETURN THIS COPY IN ENVELOPE NO. 3 i I ZX44 -A TALLY LIST OF THE SELECTION HELD ON THE -ODAY OF c.r 19 In Election Precinct County, Texas AS MANY AS 1200 TALLIES PER CANDIDATE (Use as many lines or as few lines as necessary for each candidate or proposition. There are 150 tallies for each single line.) This Form is prescribed in accordance with the Texas Election Code. (See last page of Tally List for Election Code Sections and Affidavit.) 16 -3756 — Tally List (374) Hart Graphics, Austin, Texas If the election is for the purpose of voting on candidates for office, indicate the name of the office in the 1st column and the names of the candidates in the 2nd column, allowing as many lines as necessary for each candidate as there are votes cast in the election. If the election is for the purpose of voting for or against certain propositions, indicate the words "FOR" and "AGAINST" in the 1st column and the various propositions should be listed in column two, allowing as many lines as necessary for the affirmative and for the negative on each proposition as there are votes cast in the election. OFFICE OR "FOR" AND CANDIDATES OR PROPOSITIONS i ®mmmmm ®mmmm WIN t► �J1► r�.�►! %!i11�;IPdi�:��11►11fY,�1 ftf':�l►talt1�11 WIN arillgluthe>! 1111 :111C11111WHIMIu•!IetaIRIVARal WHIM1I 1::iii`110' Ili M1i:1111C,irkr"1HAmri:ylllL�I 11011 Irk INIHEIfill Ilia" 11a1U :1111111 ai1r�t:liuJ MMMMMMMM =®M i'i'.Il fu:lli��f 11%II riff lflr' MINOR R MaIIIHIMI :Bllet11i11111::1IiIIII i:1j11asIllInSMI in: 511a1Is1111 :111ia11IREMMAIIfIHAS i`i 011111 W12411 f : �tllrF;! II�r�1Ili. 111S9fi :>!lli�..li�,illlfi'11i►.t1SI -I �1■Ila ®��Il�r��r I!• =MI!•I!•I!•MI!•I! MM � FIRM M.1 �._11191�n9f 11 1 11'a� h�liu�li : tlii.: lli�lli��lfi "..Ifi.'!11►.r_1fi, :arn11 1 ►�Il�iilllLi�ltr111in1 lIR�1.1 � 111it11�111�� �■Il���Ii1r11ifi1l�r�I1�■� 13�11Gn�1►°.I!�It�. I�Ii�.lil�llil�lt`',��11i�'! iii:;lli`ra1i�! 1111 ;9G:�ll�ralu:l�llf�::�llialf�: nJ r��������f1i■r �, 1�I�IIihI�1D'►�I�11�1f1��Q�G� �Ilr11l�r��11rr0�� ��Ir•��Ir•Ir•s��1r• F% g!< I1t�li>i Ellti hl6���1i::�1►.'!11)i;111f1�ii ra!11�j111 . ylli .ilc11liivrylG.n1u1111.1i1u1111ue Iiialiitl1�1111it11ii: 111i .:11i.19ii�a11►',111;:»I1►: \1 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ 1..1.1.1..1.1.1.1.1. TEXAS ELECTION CODE Art. 16 (Vernon's Art. 3.02). In elections where paper ballots are used, the ballots shall be counted by one or more sets of counting officers, each set to consist of one judge or clerk who shall read the ballots, and one or more clerks who shall enter the votes on tally lists prepared for the election. As a safeguard in the accuracy of the tallying, the votes shall be entered on three original tally lists, and during the progress of the counting the lists shall be compared and errors and discrepancies shall be corrected, and at the close of the counting the tally clerks shall certify offi- cially to the correctness of the lists. Art. 111b (Vernon's Art. 8.29b). Copies of returns, poll lists, and tally lists; distribution: (a) In precincts using paper ballots. In all general, special and primary elections, the number of copies of the returns, poll list, and tally list required for each precinct in which paper ballots are used shall be as follows: four copies of the returns, four copies of the poll list, and three copies of the tally list. These records shall be distributed as follows: (1) One copy of the returns, poll list, and tally list shall be delivered to the presiding officer of the authority which canvasses the returns (the county judge in elections held by the county; the mayor in city elections; the presiding officer of the governing board in elections held by other political subdivisions; and the chairman of the county executive committee in county primary elections) and shall be preserved by the canvassing authority for sixty days from the day of the election. (2) One copy of the returns, poll list, and tally list shall be delivered to the proper officer (the county clerk in elections held by the county and in county primary elections; the city secretary or clerk in municipal elections; and the presiding officer of the governing board in elections held by other political subdivisions), to be kept by him in his office open to inspection by the public for sixty days from the day of the election. (3) One copy of the returns, poll list, and tally list shall be placed in the ballot box containing the voted ballots. (4) The presiding judge shall retain in his custody one copy of the returns and one copy of the poll list of the election, and shall keep the same for sixty days after the day of the election, sub- ject to the inspection of anyone interested in such election. I HEREBY CERTIFY THAT THE WITHIN AND FOREGOING IS A TRUE AND COR- RECT TALLY LIST KEPT BY ME FOR THE ABOVE DESCRIBED ELECTION. *, , ,- - - 0- � - _A�c',,de ------ Clerk who kept this Tally List. Mr. Shleton advised that some clarification was needed on use of alcoholic beverages in the park itself because some police officers have -- asked some people to get their beer out of the park and others have been encouraged to bring beer into the park. Regardless of how easy or hard a policy is to enforce, any policy or ordinance that is passed is what should be enforced regardless. After considerable discussion, Mayor Jones directed that Mr. Isham get with City Attorney Chandler and draw up an ordinance relating to the use of alcoholic beveragres in the City Recreation Building and the covered pavillion areas to be considered at the May 1st meeting and, if need be, it can be amended at any time. Mr. Isham also advised the Council that since the gates have been installed in the park there have been very few problems of vandalism, etc. in the park area itself. ITEM III: DISCUSSION OF SELECTING A CONSULTING ENGINEERING FIRM. The Mayor advised the Council of the need to select or ratify another consulting engineering firm due to the fact that Hunter Associates have been purchased by another person and the Council needs to determine if the city should - continue with Hunter Associates or if they want to use another firm. City Administrator Shelton said he thought the Council might want to select another firm as most of the engineers the city has dealt with over the past years have gone with other firms. He said the city needs to — make a designation fairly soon on account of the new sewer plant grant. Mayor Jones said that Mr. Shelton and Mr. Gann work more closely with the engineer and he would favor whoever they select. Councilman Hammett suggested going with Graham Associates, Inc. as Mr. Conrad Callicoatte is so familiar with the city and has been working on the grant up to this point, if he has done the job to the satisfaction of Mr. Shelton and Mr. Gann. Mayor Jones said he agreed with Councilman Hammett, assuming that Mr. Callicoatte would be the one to continue to work with this city. It was the consensus of the Council to check with Graham Associates, Inc. to see if Mr. Callicoatte would be the engineer assigned to this area. Mayor Jones said if this takes action by the Council, they could ratify this at the next regular meeting on May 1st. Also check to see that their rates would basically be the same. There being no other business, the meeting adjourned at 4:40 p.m. May ATTEST: it Secretary 243