04-12-1982 (City Council) Minutes CITY COUNCIL MINUTES
SPECIAL CALL SESSION
APRIL 12, 1982
7:00 P.M.
The meeting was called to order by Mayor Pro Tem William Martin.
A quorum was present and notice of the meeting had been posted for
the time and manner required by law. Those in attendance were
William Martin, Mayor Pro Tem, Council members Harold Eavenson,
Bill Berry, Geline Dodd and Reta Allen, City Manager Lee Vickers,
City Secretary Gail Wallace, Police Chief Royce Abbott, Councilman
elect Percy Simmons, Mayor-elect Robert Squires, Bobby Skipwith,
Albert Masters, Dennis Hoffman, Shirley Berry and Joyce Gaddy.
Invocation was given by Mayor Pro Tem Martin.
The City Secretary read the following letter to the Council :
"I , John W. Akin, residing at 303 N. Keefer, '.!ylie, Texas and being
a candidate for Mayor, hereby request a recount of the votes from
the April 3, 1982 City election on the grounJ that the difference
in the number of votes received by myself and the next highest
candidate is less than five percent. Robert Squires resides at
302 Valentine, Wylie, Texas. The Presiding Judge of the election
was Albert E. Masters who resides at 807 Memorial , Wylie, Texas. "
Signed John W. Akin. Received by City Secretary on April 7, 1982
at 1:15 p.m.
Bill Berry made motion to accept request for recount submitted by
John Akin, motion seconded by Harold Eavenson, all in favor. It
was also noted that Mr. Akin had publicly announced he preferred
to have a runoff election
At this point, Robert Squires also publicly announced he would
prefer a runoff if there was any legal way to do so.
Albert Masters, Presiding Judge of the election, advised everyone
there was no provision in the statutes for the City to have a
runoff. The only way possible for another election is for the
recount to declare a tie between the candidates or for the election
to be overturned in District Court.
Councilman Berry made a motion to order a recount of the ballots
based upon the request of John Akin. Motion was seconded by
Geline Dodd, all in favor.
Reta Allen made the following nominations to the Ballot Recount
Committee: Al Draper, First Baptist Church, Chairman; Robert
Blakey, First Assembly of God Church; Walter Boyter, Catholic
Church; O.W. Hampton, alternate. Geline Dodd seconded the nomi-
nations . Harold Eavenson made motion that nominations cease,
seconded by Bill Berry. All in favor to accept nominations.
The City Secretary read the following Order to Recount Ballots:
"In accordance with Article 9.38a of the Texas Election Code you
are hereby ordered and instructed to conduct a recount of the
ballots cast for the Office of Mayor of the City of Wylie at the
election which was conducted on April 3, 1982.
The recount committee will convene in the Council Chamber of the
Wylie City Hall at 114 N. Ballard on April 15, 1982 at 1:00 p.m.
and shall there conduct a total recount of all paper ballots cast
in the above election. The recount committee will report its
findings to the Mayor immediately upon completion of the recount.
A certified copy of the Council minutes ordering this recount is
attached hereto and made a part of this order.
Issued on this the 12th day of April , 1982. Signed William E.
Martin, Mayor Pro Tem, attested by Gail Wallace, City Secretary. "
The Order was accepted on motion by Reta Allen, seconded by Harold
Eavenson, all in favor.
Mayor Pro Tem Martin advised the recount would be held in the City
Council Chambers as the City Secretary' s office was too small . The
only persons allowed during the recount are the three members
appointed to the Ballot Recount Committee, the two candidates or
their representatives, and the City Secretary. Mayor Pro Tem also
advised Council of the need for a special meeting to be held to
accept the results of the Ballot Recount Committee. On motion by
Bill Berry, seconded by Geline Dodd, all in favor, the special
meeting was set for April 15, 1982 at 7:00 p.m.
The City Secretary was ordered to deliver the ballot boxes to the
chairman of the Recount Committee and the Police Chief was ordered
to deliver the keys to the ballot boxes to the Chairman of the Recount
Committee at 1:00 p.m. on April 15, 1982, at which time the recount
of the ballots will be conducted.
If the Ballot Recount Committee finds no discrepancies the Mayor will
be sworn in and take the chair at 7:00 p.m. , April 15.
Reta Allen amended her previous motion appointing Al Draper, Chairman
of the Recount Committee and moved to appoint O.W. Hampton as an
Alternate Chairman in case Al Draper was not available. Motion was
seconded by Harold Eavenson, all in favor
ob r -. ires, Mayor
ATTEST:
'W lace, City Secretary