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R2017-017 2017-02-13Resolution No. R2017-17 A Resolution and Order of the City Council of the City of Pearland, Texas, ordering the holding of a General and Special Election to be held on Saturday, May 6, 2017, for the purpose of electing the Mayor, Councilmember Position No. 3, New Councilmember Position No. 7 and a Special Election to fill a vacancy on Councilmember Position No. 5 an unexpired term expiring May 4, 2019, in and for the City of Pearland, Texas; establishing polling places; naming clerks; and establishing procedures for said Regular City Officers and Special Election. WHEREAS, the City Council (the 'City Council-) of the City of Pearland, Texas (the `City") is authorized and has determined to call a General and Special Election to be held on Saturday, May 6, 2017 for the purpose of electing the Mayor, Councilmember Position No. 3 and New Councilmember Position No. 7 and a Special Election to fill a vacancy on Councilmember Position No. 5 an unexpired term expiring May 4, 2019; WHEREAS. the City Council wishes to proceed with the ordering of such General and Special Election the City Council has determined that holding such election is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND CITY, TEXAS: Section 1. Call of Election; Date; Eligible Electors and Hours. (a) It is hereby ordered that a General Election (the "General Election") and Special Election (the `Special Election") be held in and throughout the City of Pearland on Saturday, May 6, 2017. between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m. at which General and Special Election all resident, qualified electors of the City shall be entitled to vote for the Mayor, Councilmember Position Number Three (3). new Councilmember Position Number Seven (7) and Councilmember Position Number Five (5) unexpired term of the City Council. (b) The General Election shall be held under the provisions of the Charter of the City, the Constitution and laws of the State of Texas and of this Resolution. All qualified voters residing in the City shall be allowed to vote at the Election. Section 2. Election Polling Places; Election Officers. (a) The election locations for the Election shall include Brazoria County Vote Centers, the polling places are hereby established and shall be as described in Exhibit "A" Brazoria County Vote Centers hereto. (b) The election officials for each City precinct shall be designated by the County Clerk of Brazoria County, Texas (the "Elections Administrator"); and such officials shall conduct the City's Election in accordance with a Joint Election Agreement and Contract for Election Services (the Election Contract") between Brazoria County. Texas and the City. The Elections Administrator is hereby authorized and instructed to provide and furnish all necessary election supplies for all City precincts. The official mailing address for Elections Administrator, Joyce Hudman. County Clerk, 111 East Locust, Suite 200, Angleton. Texas 77515-4654. The physical address of the Elections Administrator is Brazoria County East Annex (Old Wal-Mart Building), 1524 E. Mulberry, Room 144, Angleton, Texas 77515. (c) In the event the Election Administrator shall find that one or more of the polling places listed on Exhibit "A" have become unavailable or unsuitable for use at the Elections or if any person or 1 persons appointed herein do not appear or are unable to perform their duties, and is hereby authorized to designate substitute polling places and appoint substitute personnel, giving such notice as he deems appropriate. Section 3. Candidates in General and Special Election. Persons desiring to become candidates for Mayor, Councilmember Position Number Three (3), new Councilmember Position Number Seven (7) of the City Council in the General Election shall, not later than February 17, 2017 at 5:00 p.m. file their written applications for candidacy for office with the City Secretary, Pearland City Hall, 3519 Liberty Drive, Pearland, Texas 77581, Persons desiring to become candidate for Councilmember Position No. Five (5) unexpired term in the Special Election shall, not later than March 3. 2017 at 5:00 p.m. file their written applications for candidacy for office with the City Secretary. Pearland City Hall, 3519 Liberty Drive, Pearland, Texas 77581, pursuant to the provisions of Chapter 143, Texas Election Code, as amended. Each candidate must specify in each instance the City Council Position for which the applicant is filing and no candidate may file for more than one City Council position to be filled at the General and Special Election. Candidates must be a resident of the City and must be a registered voter of the territory (City) elected from as of the filing deadline. Section 4. Ballots. The City Secretary and the Election Administrator are hereby authorized and directed to prepare the ballots for the General and Special Election in accordance with the provisions of the Texas Election Code. The ballots to be used in the General and Special Election shall have printed thereon the names of the candidates for Mayor, Councilmember Position Number Three (3), new Councilmember Position Number Seven (7) and Councilmember Position Number Five (5) unexpired term of the City Council. Section 5. Voting. Voting in the Election, including early voting by personal appearance shall be by an electronic voting system adopted by the City and the Commissioners Court of Brazoria County, Texas for use in elections held by the City and Brazoria County. Each voter in the General and Special Election shall mark the ballot indicating such voter's choice of candidate for Mayor, Councilmember Position Number Three (3), new Councilmember Position Number Seven (7) and Councilmember Position Number Five (5) unexpired. Voting shall be conducted in accordance with the Texas Election Code. Section 6. Early Voting. Early voting by personal appearance shall be conducted at the dates, times and polling places listed in Exhibit "B" to this Resolution. The City Council hereby establishes Brazoria County Courthouse East Annex (Old Wal-Mart Building), 1524 E. Mulberry, Room 144, Angleton, Texas 77515 as the main early voting polling place at which early voting by personal appearance shall be conducted. The Council hereby appoints the Elections Administrator as the early voting clerk. The Elections Administrator shall receive applications for a ballot to be voted by mail. The mailing address to which ballot applications and ballots voted by mail may be sent is as follows: Joyce Hudman, County Clerk, 111 East Locust, Suite 200, Angleton, Texas 77515-4654. Applications for ballots by mail may be received no later than 5:00 p.m. on April 29, 2016. The Central Counting Station will be located at the Angleton Main Location, East Annex (Old Walmart Building) 1524 E. Mulberry, Angleton, Texas 77515. Section 7. Notice of Elections. Notice of the Elections, in English and Spanish, stating in substance the contents of this Resolution, shall be: published at least once in a newspaper of general circulation within the City's territory not earlier than the thirtieth (30') day before the Elections; posted on the bulletin board used by the Council to post notices of the Council's meetings no later than the eighteenth (18th) day before the date of the Elections, in three (3) public places within the City and at City Hall. Section 8. Declaring Results. City Council shall canvass the returns and declare the results of the Elections. At the General and Special Election, the candidate for each office who has received a majority of all votes cast for each particular office shall be declared elected. The Mayor of the City shall order a runoff election in the event any candidate fails to receive a majority of all votes cast for each particular office. The date for the runoff election shall be ordered and held in a timely manner as prescribed by the General Election Laws of the State of Texas and the Charter of the City. The two candidates who receive the largest number of votes cast for each particular office requiring a runoff election shall again be voted for. The candidate receiving the largest number of votes in the runoff election shall be declared elected. The City Secretary shall give notice of such runoff election by causing said notice to be published in accordance with Texas Election Laws. Section 9. Notice of Meeting. It is further found and determined that a sufficient written notice of the date, hour. place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. Authority of the Mayor. The Mayor shall have the authority to take, or cause to be taken, all actions reasonable and necessary to insure that the Elections are fairly held and returns properly counted and tabulated for the canvass of the Elections returns by the City Council in accordance with state law. Section 11. Effective Date. This Resolution is effective immediately upon its Passage and approval. PASSED, APPROVED, ADOPTED and ORDERED this the 13th day of February, A. D., 2017. ATTEST: 1/ e UNG IN Y S: RETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID YOR 3 Resolution No. R2017-17 Exhibit "A" EXHIBIT A Brazoria County Vote Centers May 6, 2017 7 AM - 7 PM Home Pct # Polling Place Precincts Formerly Voting at this Location 1 East Annex (Old Walmart), 1524 E Mulberry, Angleton 1, 42, 56 2 San Jacinto Room, 512 E Brazos, West Columbia 2, 10 3 Nolan Ryan Center, 2925 South Bypass 35, Alvin 3 4 Brazoria Library, 620 S Brooks, Brazoria 4, 32 6 Liverpool City Hall, 8901 CR 171, Liverpool 6, 57 7 Freeport Library, 410 Brazosport Blvd, Freeport 7, 17 8 Oyster Creek City Hall, 3210 FM 523, Oyster Creek 8 9 Bonney Annex Building, 19025 FM 521, Bonney 9, 21 12 Drainage District No. 4 Building, 4805 W Broadway, Pearland 12, 26 14 Sweeny Community Center, 205 W Ashley Wilson Rd, Sweeny 14 15 Danbury Community Center, 6115 5th St, Danbury 15 19 Clute City Hall, 108 E Main, Clute 19, 48 20 Jones Creek Comm House, 7207 Stephen F Austin Rd, Jones Creek 20 23 Lake Jackson Civic Center, 333 Hwy 332 East, Lake Jackson 22, 23, 30, 43, 45 24 Richwood City Hall, 1800 N Brazosport Blvd, Richwood 24 25 Hillcrest Village Municipal Bldg, 200 W Timberlane, Alvin 25, 35 29 Public Safety Building, 2555 Cullen Blvd, Pearland 27, 29, 54 33 Mims Community Center, 4283 FM 521, Brazoria 33 36 Pearland Recreation Center, 4141 Bailey Rd, Pearland 13, 36, 47 38 Surfside Beach City Hall, 1304 Monument Dr, Surfside Beach 38 39 Alvin Library, 105 S Gordon, Alvin 16, 34, 39 40 North Annex, 7313 Corporate Dr, Manvel 11, 40, 53, 63, 64 44 Silverlake Recreation Center, 2715 Southwyck Pkwy, Pearland 44, 58, 60, 62 46 Tom Reid Library, 3522 Liberty Dr, Pearland 28, 46 49 Columbia Lakes Conference Center, 188 Freeman Blvd, West Columbia 49 55 West Annex, 451 N Velasco, Angleton 31, 55 61 Shadycrest Baptist Church, 3017 Yost Blvd, Pearland 51, 52, 61 67 Pearland Westside Library, 2803 Business Center Dr #101, Pearland 50, 59, 67, 68 4 Resolution No. R2017-17 Exhibit "B" EXHIBIT B NOTICE OF EARLY VOTING FOR THE FOLLOWING POLITICAL SUBDIVISIONS BEING HELD IN BRAZORIA COUNTY, TEXAS ON MAY 6, 2017 EARLY VOTING BY PERSONAL APPEARANCE LOCATIONS: Angleton Main Location East Annex (Old Wal-Mart Building) 1524 E. Mulberry, Room 144, Angleton Alvin Branch Location Brazoria Branch Location Freeport Branch Location Lake Jackson Branch Location Manvel Branch Location Pearland East Branch Location Pearland West Branch Location Pearland Shadow Creek Location Sweeny Branch Location West Columbia Branch Location Nolan Ryan Center 2925 South Bypass 35, Alvin Brazoria Library 620 South Brooks, Brazoria Freeport Library 410 Brazosport Blvd., Freeport Lake Jackson Library 250 Circle Way, Lake Jackson North Annex 7313 Corporate Dr., Manvel Tom Reid (Pearland) Library 3522 Liberty Drive, Pearland Public Safety Building 2555 Cullen Blvd., Pearland Pearland Westside Library 2803 Business Center Drive #101, Pearland Sweeny Community Center 205 W. Ashley Wilson Rd., Sweeny San Jacinto Room, West Columbia City Hall 512 E Brazos, West Columbia Personal Appearance Times and Dates for Above Locations: April 24-28 8 AM — 5 PM April 29 ..7 AM -7 PM May 1-2 7AM-7PM 5