Loading...
HomeMy WebLinkAboutMinutes - City Council - Special - 4/20/1976�C t APR. -1 1 f 76-35-157-426 (1) 76-35-157-427 (2) 176-35-157-428 (3) I SPECIAL CITY COUNCIL MEETING APRIL 29, 1976 The City Council of the City of Lubbock, Texas, met at 10:30 A.M. in the regular meeting place at City Hall, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Council- man Bill McAlister, City Manager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None The invocation was given by Mayor Roy Bass. The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber Mayor Bass announced that at the conculusion of this meeting to canvass returns of the April 27, 1976 Run-off Election, there would be an Executive Session with the City Attorney to discuss pending litigation. Mayor Bass then announced that the Council would recess to the Council Conference Room in order for the Council to physically work on the canvass in a better way; that it did not mean it was a closed meeting, and invited all who wished to go, into the Conference Room. After completion of the canvassing of the returns, the City Council returned to Council Chambers. Mayor Bass stated that the Council had completed its canvass of the results of the Special Run-off Election, which was held on April 27, 1976. Motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass the following resolution canvassing the returns and declaring the results of the Run -Off Election held on April 27, 1976. A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE RUN-OFF ELECTION HELD ON APRIL, 27, 1976. BE IT REMEMBERED THAT on the 29th day of April, 1976, the City Council of the City of Lubbock met at 10:30 o'clock A. M. in special session in compliance with the charter provisions, at the regular meeting place of the Council in the City Hall, in the City of Lubbock, with the following members present to -wit: Mayor Roy Bass, Councilmen Dirk West, Carolyn Jordan, Alan Henry, and Bill McAlister On motion of Councilman Henry, seconded by Councilman West, it is unanimously carried that the returns of the run-off election held April 27, 1976, for the election of one Councilman for the term provided by law, be opened and canvassed, and the results thereof declared therefrom; and said returns having been duly canvassed, it is found that the votes for the various candidates are as follows: CANDIDATES FOR COUNCILMAN, PLACE NO. 2: VOTES RECEIVED: Carolyn S. Jordan 7,350 Roy A. Middleton 7,272 And it further appearing that said election was duly held as provided by law and that Carolyn S. Jordan received a majority of the votes cast for the office of Councilman Place No. 2; and that such person receiving such majority of votes was duly elected by the qualified voters of the City of Lubbock; IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That Carolyn S. Jordan was duly elected Councilman Place No. 2 in the run-off election held on April 27, 1976. PASSED, APPROVED AND ADOPTED ON MOTION OF Councilman Henry, Seconded by Councilman West this 29th day of April, 1976, by the following vote: COUNCILMEN VOTING "AYE": Mayor Bass, Councilmen West, Jordan, Henry, and McAlister COUNCILMEN VOTING "NAY": None ATTEST: /s/ Roy Bass ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer i APPROVED AS TO FORM: /s/ Fred_ O.-Senter, Jr. _ Fred 0. Senter, Jr., City Attorney 76-35-157-429 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (4) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass the follow- ing resolution commending the Election Judges. RFC(IT TTTTOM WHEREAS, the City Election on April 3, 1976 and the Run Off Election on April 27, 1976 were handled in an efficient manner due to the careful planning and attention given to this election by the City Secretary, her staff, and the election judges and clerks; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: P" • 29 1976 THAT the City Secretary, her staff, and the election judges and clerks are hereby commended for their outstanding work and contribution to our City government during these elections. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter,_Jr., City Attorney /s/ Roy Bass, Mayor 6-35-158-430 Harold Harriger, Attorney, appeared before the City Council representing Roy A. Middleton and sub- (5) mitted a formal application on a request for a recount of the ballots according to provision of the Texas Election Code; together with a total of $390 in certified funds (two cashier's checks in the amount of $360 and $30) payable to the City of Lubbock. He requested permission of Mrs. Jordan to serve a copy of the application upon her at this time, rather than by mailing it by certified mail, which request was granted. Mr. Harriger delivered to Mrs. Jordan personally, in open Council Meeting, a copy of the request for the recount. Mayor Bass handed the application with the two cashier's checks totaling $390 to the City Secretary, with the statement he consider- ed it filed. 6-35-158-431 The City Council considered the appointment of three members to the Recount Committee. After (6) discussion of possible appointees, motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Ray Fargason, Attorney, Shelton Berry, Certified Public Accountant, and Dr. Hardy Clemons, Minister, as members of the Recount Committee with Mr. Fargason serving as Chairman. 6-35-158-432 Mayor Bass asked Fred Senter, City Attorney, to explain a resolution with respect to the mechanics (7) and access to the ballots. Following Mr. Senter's recommendations, motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize the Mayor, as Chairman of the Canvassing Board, to issue a written order and instructions to the City Secretary to deliver to the Chairman of the Recount Committee, Mr. Fargason, the ballot boxes. 6-35-158-433 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (8) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to authorize the Mayor, as Chairman of the Canvassing Board, to issue a similar written order and instruction to the officer having custody of the keys to the ballot boxes. A copy of these orders shall be delivered to the Chairman of the Recount Committee, who shall present it as proof of his identity to the officers respectively name in each order. Mayor Bass stated that each candidate is entitled to be present at the recount or have an appointed observer present. 6-35-158-434 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, (9) Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the Recount Committee begin its work on Saturday, May 1, or as soon as possible thereafter, within the provisions of the law. Mayor Bass instructed the City Attorney to determine whether the recount of the committee would be an "open meeting" under the law, allowing the media to be present or whether it is at the option of the Committee itself to determine whether people should be present or not. He stated if it is by law an open meeting, that law would, of course, be complied with; if it is not by law an open meeting, the wishes of the Committee will be adhered to. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Special City Council Meeting, April 29, 1976. ATTEST: Treva Phillips, City ecretary-Treasurer READ AND APPROVED THIS THE 13th day of May, ATTEST: Treva Phillips, dity Sec etary-Treasurer I ROY BASS, MAYOR 19 DV&9�- - ROY BASS, MAYOR 0 El Fli