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.