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HomeMy WebLinkAboutMinutes City Council - 04/25/1977 - SpecialPRESENT: *Mayor Jason Luby Mayor Pro Tem Bill Tipton Councilmembers: Eduardo E. de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample SPECIAL COUNCIL MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING April 25, 1977 8:30 A.M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Tipton called the meeting to order in the Council Chamber of City Hall during the temporary absence of Mayor Luby. City Secretary Read called the roll and stated there was a quorum present. City Manager Townsend stated that the purpose of the meeting is to begin the canvass of the votes of the Runoff Election held on April 23, 1977, since Mayor Luby had received a request for a recount for the Place 1 position of the Council from Dr. James W. Simpson, a candidate for that place. *Mayor Luby arrived at this time. City Manager Townsend read the letter of request for a recount from Dr. Simpson in which he stated that he felt that there was a significant enough difference in total votes cast in the Runoff Election and the total votes cast for Place 1 to warrant a recount. In his letter, Dr. Simpson assured the Council that he was not making charges of intentional wrongdoing on the part of anyone, but simply felt that such a close race should be carefully checked. Councilmember Gulley pointed out that the number of votes cast in Place 1 race was comparable to the number of votes cast in the Places 3, 4 and 6 races. Councilmember de Ases inquired as to whether or not the recount request is governed by the City Charter or by the State Election Code. City Attorney Aycock stated that the authority for the recount is under the State Election Code, Article 7.14, Section 19, and is not included in the City Charter. Councilmember de Ases asked if the Article specifies which officials are required to conduct the recount. City Attorney Aycock stated that a County Judge and a District Judge must participate. City Manager Townsend stated that the law Minutes Special Council Meeting April 25, 1977 Page 2 is not very clear as to whether or not a quorum of the Council must participate in the recount, and City Attorney Aycock stated that this matter could be determined by the governing body, which, in this case, would be the Council. Dr. Simpson pointed out that at a previous recount, the Council had designated that a quorum of the Council should participate in the recount. After further discussion, it was determined that two members of the Council should be present for the entire recount. Motion by de Ases that at least two members of the Council should parti- cipate in the recount at all times; seconded by Sample. Councilmember Gill asked that the motion be amended to indicate that the same two Councilmembers should be present during the entire recount, with other members joining the canvassing whenever possible. Motion was approved unanimously. Mayor Luby stated that County Judge Robert Barnes, District Judge Vernon Harville, and two members of the Council should participate in the recount, as based on the ruling of the City Attorney that the governing body may determine how many members must be present. Councilmembers Gill and Lozano stated that they would be present throughout the recount, and Mayor Luby and Councilmember Gulley indicated that they would join the group whenever possible. Judge Barnes, Judge Harville and Dr. Simpson agreed. The Special Council Meeting was recessed at 9:00 a.m., April 25, 1977, to be reconvened at some time following completion of the recount. Mayor Luby reconvened the recessed meeting of April 25, 1977 at 2:00 p.m. April 27, 1977. City Secretary Read called the roll of those in attendance and stated that a quorum was present. The following members were present: Mayor Jason Luby Mayor Pro Tem Bill Tipton Councilmembers: Eduardo E. de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample City Manager R. Marvin Townsend City Secretary Bill G. Read Minutes Special Council Meeting April 25, 1977 Page 3 City Manager Townsend stated that the only item to be considered during this meeting is the canvassing of the returns of Runoff Election held April 23, 1977. Mr. Townsend stated that City Secretary Read had placed before the Council a memorandum explaining the few corrections necessary following the recount and also a Certification of the results of the recount. City Secretary Read further explained that the Council had received a copy of the official tally sheet showing the results of the Runoff Election and which included the minor correction of the number of votes cast for Place 1 in Precinct 4. Motion by Lozano that the Order canvassing the returns and declaring the results of the Runoff Election be approved; seconded by Sample, and passed unanimously. No. 13717 (AN ORDER) CANVASSING RETURNS AND DECLARING THE RESULTS OF THE RUNOFF ELECTION FOR THE PURPOSE OF ELECTING THE MAYOR AND COUNCIL MEMBERS OF THE CITY OF CORPUS CHRISTI HELD ON THE 23RD DAY OF APRIL, 1977. There being no further business to come before the Council, Mhyor Luby declared the meeting adjourned at 2:05 p.m., April 27, 1977.