HomeMy WebLinkAbout11/11/2009 - Special Minutes City CouncilCITY or COLLEGE STATION
Mayor Home of TexasA6N/ University' Councilmembers
Ben White John Crompton
Mayor ProTem James Massey
David Rusink Dennis Maloney
City Manager Katy -Marie Lyles
Glenn Brown Lawrence Stewart
Minutes
City Council Special Meeting
Wednesday, November 11, 2009 8:30 a.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor White, Council members Massey, Lyles, and Stewart
STAFF PRESENT: Assistant City Manager Neeley, Assistant City Manager Merrill, City Attorney
Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team
COUNCIL MEMBER ASSENT: Mayor ProTem Ruesink, Council members Crompton, and Maloney
Special Agenda Item No. 1 -- Call meeting to order.
Mayor White called meeting to order at 8:33 p.m.
Special Agenda Item No. 2 -- Presentation, possible action, and discussion of resolution declaring
results of City Special Election November 3, 2009.
City Secretary Connie Hooks presented a resolution canvassing the results of the November 3, 2009
Special Election for Red Light Camera.
A motion was made by Council member Lyles to approve Resolution No. 11 -11- 2009 -02 as presented
and seconded by Council member Stewart, which carried 4 -0.
FOR: Mayor White, Council members Massey, Lyles, and Stewart
AGAINST: None
ABSENT: Mayor ProTem Ruesink, Council members Crompton, and Maloney
Special Agenda Item No. 2 -- Adiourn.
Hearing no objections, Mayor White adjourned the meetings at 8:40 a.m. on Wednesday, November 11,
2009.
PASSED AND APPROVED this 23' day of November 2009.
APPROVED
ayor B i •
On Behalf of the Citizens of College Station, Home of Texas A&M University, We will continue to Promote and Advance the
Community's Quality of Life
CAUSE NO. 09-002877-CV-85
JOHN HEMRICK, GARY IVES;
§
Plaintiffs
§ IN THE DISTRICT COURT OF
V.
§
THE CITY OF COLLEGE STATION,
§ BRAZOS COUNTY, TEXAS
BEN WHITE, in his official capacity
§
as Presiding Officer for the City Council
§
of the City of College Station;
§
Defendants
§ 85 JUDICIAL DISTRICT
JUDGMENT
On the 20�' day of November, 2009, this Cause came to be heard. John Hemrick and
Gary Ives, the Contestants, appeared in person and by their attorneys of record and announced
ready for trial. The City of College Station and Ben White, in his official capacity as the
presiding officer for the City Council of the City of College Station, the Contestees, appeared
through their attorneys of record and announced ready for trial.
The Court, after hearing the evidence and considering the Agreed Statement of Facts,
arguments and briefs of counsel, is of the opinion that the outcome of the contested election for
the approval of Proposition Number 1, related to the adoption of an ordinance declaring City of
College Station Ordinance No. 3017 unenforceable, as previously determined and certified by
the City Council of the City of College Station, is not the true outcome. The Court is of the
opinion that the effect of the proposed ordinance would operate to repeal a previously enacted
and enforced City Ordinance, and thus should have been classified as a referendum petition.
Inasmuch as Section 84 of the College Station City Charter imposed an obligation upon the
citizens to submit a referendum petition within twenty (20) days of enactment of City Ordinance
John Hemrick and Gary Ives v. City of College Station, Texas, et al. 1
Final Judgment
1 A
3017, the citizens of the City of College Station submitted the petition outside of the statutorily-
required time frame.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the results of the
contested election for the approval of Proposition Number 1, related to the adoption of an
ordinance declaring City of College Station Ordinance No. 3017 unenforceable, are hereby
declared VOID and without any legal effect for all purposes. Therefore, it is ORDERED that all
relief should be, and the same is hereby GRANTED, to Plaintiffs John Hemrick and Gary Ives.
All costs of court are taxed against the party incurring the same.
All other relief not expressly granted herein is denied.
This is a Final Judgment.
Signed on this the day of December, 2009.
Judge Presiding
John Renwick and Gay Ives v. City of College Station, Texas, et al. 2
Final Judgment