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R2019-051B 2019-02-11 RESOLUTION NO. 2019-51-B A Resolution calling a Bond Election to be held within the City of Pearland, Texas; making provisions for the conduct and the giving of notice of the Bond Election; and containing other provisions related thereto WHEREAS, the City Council (the "City Council") of the City of Pearland, Texas (the "City") finds and determines that an election should be held to determine whether the City Council shall be authorized to issue bonds of the City in the amounts and for the purposes hereinafter set forth; and WHEREAS, the City will enter into one or more Election Agreements (collectively, the "Election Agreement") with Brazoria County, Texas (the "County"), by and through the County Clerk of the County (the "Administrator"), and possibly other 'political subdivisions, in accordance with the laws of the State of Texas (the "State") and applicable federal law; and WHEREAS, the City Council finds and declares that the meeting at which this Resolution is considered is open to the public, and that the public notice of the time, place and purpose of the meeting was given, as required by Chapter 551, Texas Government Code, as amended; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Findings. The statements contained in the preamble of this Resolution are true and correct and are hereby adopted as findings of fact and as a part of the operative provisions hereof. Section 2. Election Ordered; Eligible Electors and Hours; Date. A bond election (the "Bond Election") shall be held for and within the City on Saturday, May 4, 2019, between the hours of 7:00 a.m. and 7:00 p.m., ("Election Day"), in accordance with the Texas Election Code (the"Code"). Section 3. Bond Propositions. At the Bond Election the following propositions (the "Propositions") shall be submitted to the qualified voters of the City in accordance with law: PROPOSITION "A" Shall the City Council of the City of Pearland, Texas be authorized to issue general obligation bonds of the City in the principal amount of$28,498,000 for permanent public improvements and public purposes, to wit: 1) purchasing, acquiring, enlarging, extending, equipping and constructing drainage improvements and facilities at various locations within the City, including acquiring lands and rights-of-way for any such purposes, 2) purchase of equipment and support facilities in connection with drainage improvements and facilities, 3) engineering and related studies in connection with drainage problems in the City and 4) all matters necessary or incident related thereto; such bonds to 4125-4728-9882.4 mature serially or otherwise over a period not to exceed forty (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity? PROPOSITION"B" Shall the City Council of the City of Pearland, Texas be authorized to issue general obligation bonds of the City in the principal amount of$34,816,000 for permanent public improvements and public purposes, to wit: 1) purchasing and• otherwise acquiring land for and constructing, repairing and improving streets, bridges and sidewalks of the City with first priority to be given to a street reconstruction program within the City and the construction, repair and improvement of Bailey Road and Pearland Parkway, 2) purchase of equipment and support facilities in connection with street, bridge and sidewalk improvements, 3) engineering and related studies in connection with street, bridge and sidewalk improvements in the City and 4) all matters necessary or incident related thereto; such bonds to mature serially or otherwise over a period not to exceed forty (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity? PROPOSITION"C" Shall the City Council of the City of Pearland, Texas be authorized to issue general obligation bonds of the City in the principal amount of $2,500,000 for permanent ,public improvements and public purposes, to wit: 1) purchasing, acquiring, constructing, repairing and improving facilities and equipment for park and recreation purposes and 2) all matters necessary or incident related thereto; such bonds to mature serially or otherwise over a period not to exceed forty (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity? PROPOSITION "D" Shall the City Council of the City of Pearland, Texas be authorized to issue general obligation bonds of the City in the principal amount of$12,875,000 for permanent public improvements and public purposes, to wit: 1) purchasing and otherwise acquiring land for and constructing an animal services shelter, 2) 4125-4728-9882.4 engineering and related studies in connection with animal services shelter facilities and improvements and 3) all matters necessary or incident related thereto; such bonds to mature serially or otherwise over a period not to exceed forty (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity? PROPOSITION `B" Shall the City Council of the City of Pearland, Texas be authorized to issue general obligation bonds of the City in the principal amount of $1,300,000 for permanent public improvements and public purposes, to wit: 1) constructing, repairing, and improving a Fire Department fire training burn building, 2) engineering and related studies in connection with fire facilities and improvements and 3) all matters necessary orincident related thereto; such bonds to mature serially or otherwise over a period not to exceed forty (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity? Section 4. Ballots for Bond Election. The official ballots for the Bond Election shall be prepared in accordance with and conform to the requirements of the Code so as to permit the electors to vote"FOR" or"AGAINST"the aforesaid Propositions which shall be set forth on the ballots substantially in the following form: 4125-4728-9882.4 PROPOSITION "A" [ ] FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $28,498,000 FOR 1) PURCHASING, ACQUIRING, ENLARGING, EXTENDING, EQUIPPING AND CONSTRUCTING DRAINAGE IMPROVEMENTS AND FACILITIES AT VARIOUS LOCATIONS WITHIN THE CITY, [ ] AGAINST INCLUDING ACQUIRING LANDS AND RIGHTS-OF- WAY FOR ANY SUCH PURPOSES, 2) PURCHASE OF EQUIPMENT AND SUPPORT FACILITIES IN CONNECTION WITH DRAINAGE IMPROVEMENTS AND FACILITIES, 3) ENGINEERING AND RELATED STUDIES IN CONNECTION WITH DRAINAGE PROBLEMS IN THE CITY AND 4) ALL MATTERS NECESSARY OR INCIDENT RELATED THERETO PROPOSITION"B" [ ] FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $34,816,000 FOR. 1) PURCHASING AND OTHERWISE ACQUIRING LAND FOR AND CONSTRUCTING, REPAIRING AND IMPROVING STREETS, BRIDGES AND SIDEWALKS OF THE CITY WITH FIRST PRIORITY TO BE GIVEN [ ] AGAINST TO A STREET RECONSTRUCTION PROGRAM WITHIN THE CITY AND THE CONSTRUCTION, REPAIR AND IMPROVEMENT OF BAILEY ROAD AND PEARLAND PARKWAY, 2) PURCHASE OF EQUIPMENT AND SUPPORT FACILITIES IN CONNECTION WITH STREET, BRIDGE AND SIDEWALK IMPROVEMENTS, 3) ENGINEERING AND RELATED STUDIES IN CONNECTION WITH STREET, BRIDGE AND SIDEWALK IMPROVEMENTS IN THE CITY AND 4) ALL MATTERS NECESSARY OR INCIDENT RELATED THERETO 4125-4728-9882.4 PROPOSITION "C" [ ] FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $2,500,000 FOR 1) PURCHASING, ACQUIRING, CONSTRUCTING, REPAIRING AND IMPROVING FACILITIES AND EQUIPMENT FOR PARK AND RECREATION PURPOSES AND 2) ALL MATTERS NECESSARY OR [ ] AGAINST INCIDENT RELATED THERETO PROPOSITION"D" [ ] FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $12,875,000 FOR 1) PURCHASING AND OTHERWISE ACQUIRING LAND FOR AND CONSTRUCTING AN ANIMAL SERVICES SHELTER, 2) ENGINEERING AND RELATED STUDIES IN CONNECTION WITH ANIMAL [ ] AGAINST SERVICES SHELTER FACILITIES AND IMPROVEMENTS AND 3) ALL MATTERS NECESSARY OR INCIDENT RELATED THERETO PROPOSITION "E" [ ] FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS IN THE AMOUNT OF $1,300,000 FOR 1) CONSTRUCTING, REPAIRING, AND IMPROVING A FIRE DEPARTMENT FIRE TRAINING BURN BUILDING, 2) ENGINEERING AND RELATED STUDIES IN CONNECTION WITH FIRE FACILITIES [ ]AGAINST AND IMPROVEMENTS AND 3) ALL MATTERS NECESSARY OR INCIDENT RELATED THERETO Section 5. Voting. Voting in the Bond 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 Bond Election desiring to vote in favor of a proposition shall mark the ballot indicating "FOR" the proposition, and each voter desiring to vote against a proposition shall mark the ballot indicating"AGAINST"the proposition. Voting shall be conducted in accordance with the Code. Section 6. Election Polling Places and Voting Hours on Election Day. The election precincts for the Bond Election are the Brazoria County Vote Centers as described in Exhibit A hereto, or at such other locations as hereafter may be designated by the Administrator. On Election Day the polls shall be open from 7:00 a.m. to 7:00 p.m. • 4125-4728-9882.4 Section 7. Early Voting Locations, Dates and Times. Early voting by personal appearance for all election precincts shall be held at the locations, at the times and on the days set forth in Exhibit B, or at such other locations as hereafter may be designated by the Administrator. The City Council hereby establishes Brazoria County 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 City Council hereby appoints the Administrator as the early voting clerk. The 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 23, 2019. The Central Counting Station will be located at the Angleton Main Location, East Annex (Old Walmart Building) 1524 E. Mulberry,Angleton, Texas 77515. Section 8. Appointment of Election Officers. The election officials for each City precinct shall be designated by the Administrator and such officials shall conduct the City's Bond Election in accordance with the Election Agreement. The Administrator is hereby authorized and instructed to provide and furnish all necessary election supplies for all City precincts. The official mailing address for Administrator, Joyce Hudman, County Clerk, 111 East Locust, Suite 200, Angleton, Texas 77515-4654. The physical address of the Administrator is Brazoria County East Annex (Old Wal-Mart Building), 1524 E. Mulberry, Room 144, Angleton, Texas 77515. In the event the Administrator shall find that one or more of the polling places listed on Exhibit A have become unavailable or unsuitable for use at the Bond Election or if any person or 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 9. Notice of Bond Election. Notice of the Bond Election shall be given by: (i) publishing a substantial copy of this Resolution, in English and Spanish, on the same day of each of two (2) successive weeks not earlier than the thirtieth (30th) day nor later than the fourteenth (14th) day prior to the date set for the Election, in a newspaper published in the City, (ii) posting a copy of this Resolution, in English and Spanish at the City Hall on the bulletin board used for posting notices of the meetings of the City Council and at three (3) other public places within the boundaries of the City, not later than the twenty-first(21st) day prior to the date set for the Election and (iii) posting a copy of this Resolution, in English and Spanish, on the City's website, prominently and together with the notice of the Election and the contents of the Propositions, not later than the twenty-first (21st) day prior to the date set for the Election through Election Day. Additionally, on Election Day and during early voting by personal appearance,this Resolution shall be posted in a prominent location at each polling place. 4125-4728-9882.4 Section 10. Conduct of Bond Election. Voting at the Bond Election, and early voting therefor, shall be by the use of the lawfully approved voting systems and ballots of the County. Said Bond Election shall be held in accordance with the Code, except as modified by other applicable provisions of law. Section 11. Necessary Actions. The Mayor and City Council of the City, in consultation with the City's attorney and bond counsel are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Bond Election, whether or not expressly authorized herein. Section 12. Mandatory Disclosure of Information. (a) Pursuant to Section 3.009, Texas Election Code: (i) the proposition language that will appear on the ballot is set forth in Section 4 of this Resolution, (ii) the purposes for which the bonds are to be authorized are set forth in Section 3 of this Resolution, (iii) the principal amount of bonds to be authorized is set forth in Section 3 of this Resolution, (iv) if the issuance of bonds is authorized by voters,taxes sufficient to pay the annual principal of and interest on the bonds may be imposed, as set forth in Section 3 of this Resolution, (v)bonds authorized pursuant to this Resolution may be issued to mature over not to exceed 40 years from their date of issuance and bearing interest at the rate or rates (not to exceed 15%), as authorized by law and determined by the City Council, (vi) as of the beginning of the City's current fiscal year, the aggregate amount of outstanding principal of the City's debt obligations was $324,770,000.00, and the aggregate amount of outstanding interest on the City's debt obligations was $102,144,361.71, and (vii) the City's ad valorem debt service tax rate as of the date of adoption of this Resolution is $0.43 per$100 of taxable property. (b) Based upon market conditions as of the date of this Resolution, the maximum interest rate for any series of the bonds is estimated to be 5.25%. Such estimated maximum interest rate is provided as a matter of information, but is not a limitation on the interest rate at which the bonds, or any series thereof, may be sold. In addition, the estimate contained in this subsection (b) is (i) based on certain assumptions (including assumptions concerning prevailing market and economic conditions at the time(s) of issuance of the bonds) and derived from projections obtained from the City's financial advisor, (ii) subject to change to the extent that actual facts, circumstances and conditions prevailing at the time that the bonds are issued differ from such assumptions and projections, (iii)provided solely in satisfaction of the requirements of Section 3.009, Texas Election Code, and for no other purpose, without any assurance that such projections will be realized, and (iv) not intended to give rise to a contract with voters or limit the authority of the City Council to issue bonds in accordance with the Propositions submitted by this Resolution. Section 13. Declaring Results. City Council shall canvass the returns and declare the results of the Bond Election. Section 14. 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 4125-4728-9882.4 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 15. 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 Bond Election are fairly held and returns properly counted and tabulated for the canvass of the Bond Election returns by the City Council in accordance with state law. Section 16. Effective Date. Pursuant to the provisions of Section 1201.028, Texas Government Code, this Resolution shall be effective immediately upon adoption, notwithstanding any provision of the City Charter to the contrary. [Signature Page Follows] 4125-4728-9882.4 PASSED, APPROVED, ADOPTED AND ORDERED on the " day of 2019. Tom Reid,Mayor AT PEST: .40 .«/.//I.�; g Lord!, Thy ec,i ry �e .Np APPROVED AS TO FORM: By: • �--- Darrin Coker City Attorney 4125-4728-9882.4 EXHIBIT A ELECTION DAY POLLING LOCATIONS VOTE CENTER LOCATIONS - MAY 4, 2019 7:00 A.M. —7:00 P.M. Home Precinct# Polling Place 1 East Annex (Old Walmart), 1524 E Mulberry, Angleton 2 New Precinct 4 Building, 121 N 10th St, West Columbia 4 Brazoria Library, 620 S Brooks, Brazoria 7 Freeport Library, 410 Brazosport Blvd, Freeport 8 Oyster Creek City, Hall, 3210 FM 523, Oyster Creek 12 Drainage District No. 4 Building, 4805 W Broadway, Pearland 14 Sweeny Community Center, 205 W Ashley Wilson Rd, Sweeny 15 Danbury Community Center, 6115 5th St, Danbury 19 Clute City Hall, 100 Parkview Drive, Clute 20 Jones Creek Comm House, 7207 Stephen F Austin Rd, Jones Creek 23 Lake Jackson Civic Center, 333 Hwy 332 East, Lake Jackson 24 Richwood City Hall, 1800 N Brazosport Blvd, Richwood 29 Westside Event Center, 2150 Countryplace Pkwy, Pearland 36 Pearland Recreation Center, 4141 Bailey Rd, Pearland 39 Alvin Library, 105 S Gordon, Alvin 40 North Annex, 7313 Corporate Dr, Manvel 44 Silverlake Recreation Center, 2715 Southwyck Pkwy, Pearland 46 Tom Reid Library, 3522 Liberty Dr, Pearland 67 Pearland Westside Library, 2803 Business Center Dr#101, Pearland 4125-4728-9882.4 meeting for such purpose; that such meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of such meeting was given as required by the Open Meetings Law, Chapter 551, Texas Government Code. SIGNED this �� fl.� of 1 I l , 2019. ef )621 iat , Secr Mayor `,au 1 nii,,,. ''''''��� .. ..... 4136-9011-9450.1 44198-8 EXHIBIT B EARLY VOTING LOCATIONS,DATES AND TIMES NOTICE OF EARLY VOTING FOR THE FOLLOWING POLITICAL SUBDIVISIONS BEING HELD IN BRAZORIA COUNTY,TEXAS ON MAY 4,2019 EARLY VOTING BY PERSONAL APPEARANCE LOCATIONS: Angleton Main Location East Annex(Old Wal-Mart Building) 1524 E. Mulberry,Angleton Alvin Branch Location Alvin Library 105 S Gordon,Alvin Brazoria Branch Location Brazoria Library 620 S Brooks,Brazoria Freeport Branch Location Freeport Library 410 Brazosport Blvd., Freeport Lake Jackson Branch Location Lake Jackson Library 250 Circle Way,Lake Jackson Manvel Branch Location North Annex 7313 Corporate Dr,Manvel Pearland East Branch Location Tom Reid(Pearland)Library 3522 Liberty Drive,Pearland Pearland West Branch Location Westside Event Center 2150 Countryplace Pkwy, Pearland Pearland Shadow Creek Location Pearland Westside Library 2803 Business Center Dr#101,Pearland Sweeny Branch Location Sweeny Community Center 205 W Ashley Wilson Rd., Sweeny West Columbia Branch Location New Precinct 4 Building 121 N 10th St,West Columbia Personal Appearance Times and Dates for Above Locations: April 22-26 8 AM—5.PM April 27 7 AM—7 PM April 29—April 30 7 AM—7 PM 4125-4728-9882.4 r CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS § COUNTIES OF BRAZORIA, HARRIS AND § FORT BEND We,the undersigned officers of the City of Pearland, Texas (the "City"),hereby certify as follows: 1. The City Council of the City convened in a regular meeting on February 11, 2019, at the special meeting place of the City,and the roll was called of the duly constituted officers and members of the City Council,to wit: Torn Reid Mayor Trent Perez Mayor Pro Tem Tony Carbone Councilmember Derrick Reed Councilmember Gary Moore Councilmember Adrian Hernandez Councilmember J. David Little Councilmember Woody Owens Councilmember and all of such persons were present, except , thus constituting a quorum. Whereupon, among other business,the following was transacted at said meeting: a written RESOLUTION NO. 2019-51-B calling a Bond Election to be held within the City of Pearland, Texas; making provisions for the conduct and the giving of notice of the Bond Election; and containing other provisions related thereto (the"Resolution")was duly introduced for the consideration of the City Council and read in full. It was then duly moved and seconded that the Resolution be adopted on first reading; and, after due discussion, such motion, carrying with it the adoption of the Resolution,prevailed and carried by the following vote: AYES: 7 NAYS: D ABSTENTIONS: p 2. That a true,full and correct copy of the Resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate;that the Resolution has been duly recorded in the City Council's minutes of such meeting;that the above and foregoing paragraph is a true, full and correct excerpt from the City Council's minutes of such meeting pertaining to the adoption of the Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the City Council as indicated therein; that each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and subject of the aforesaid meeting, and that the Resolution would be introduced and considered for adoption at such meeting,and each of such officers and members consented, in advance,to the holding of such 4136-9011-9450.1 44198-8 - meeting for such purpose; that such meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of such meeting was given as required by the Open Meetings Law, Chapter 551, Texas Government Code. SIGNED this �.2.bf L cu 1 I t s , 2019. Secr5013 Mayor ,‘„I I I r/„��� gNO'�.� (SE . 4136-9011-9450.1 44198-8 JOINT CONTRACT FOR ELECTION SERVICES THIS CONTRACT (this "Agreement") is made effective as of the Effective Date (as defined below), by and between the CITY OF PEARLAND, TEXAS, acting by and through its governing body, hereinafter referred to as " Political Subdivision", and County Clerk of Brazoria County, Texas, hereinafter referred to as "County," and by authority of Section 31.092(a), Texas Election Code, and Chapter 791, Texas Local Government Code, for the conduct and supervision of the Political Subdivision's election to be held on MAY 4, 2019. Political Subdivision and County may be referred to individually as a "Party" and collectively as "the Parties." This contract is made by and between the CITY OF PEARLAND, TEXAS, acting by and through its governing body, hereinafter referred to as "Political Subdivision" and the County Election Officer of Brazoria County, defined by statute as the County Clerk through the authority set forth in Texas Election Code §§31.091 and 31.092The purpose of this contract is for the performance of election services as authorized by statute. This contract shall serve as the general contract for each election for which the Political Subdivision requests the assistance of the County Clerk. Provisions specific to each particular election will be included as an attachment to the original contract. Political Subdivision and County Clerk may be referred to individually as "Party" or collectively as "Parties" RECITALS The County Clerk has care, custody, and control over the electronic voting system, the Hart InterCivic Verity Voting System (Version 6.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122, as amended, and is compliant with the accessibility requirements set forth by Texas Election Code Section 61.012. Political Subdivision desires to use the electronic voting system and to compensate the County Clerk for such use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The Parties agree to hold a "Joint Election" in accordance with Chapter 271 of the Texas Election Code and this Agreement. The County Clerk shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this Agreement. Political Subdivision agrees to pay County Clerk for equipment, supplies, services, and administrative costs as provided in this Agreement. The County Clerk shall serve as the administrator for the Joint Election; however, the Political Subdivision shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The County Clerk shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of the Political Subdivision. It is understood that other political subdivisions may wish to participate in the use of the electronic voting system and polling places, and it is agreed that the County Clerk may enter into 1 other joint election agreements and contracts for election services for those purposes on terms and conditions set forth in the Election Code. Political Subdivision agrees that County Clerk may enter into joint election agreements with other political subdivisions that may have territory located partially or wholly within the boundaries of Political Subdivision, and in such case all parties sharing common territory shall share a joint ballot on the electronic voting system at the applicable polling places. In such cases, costs shall be divided among the participants. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. II. LEGAL DOCUMENTS Political Subdivision shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code or Political Subdivision's governing body, charter, or ordinances. With reference to publications, the County Clerk will publish the "Notice of Test of Automatic Tabulating Equipment" and the "Notice of Election". If a Political Subdivision is holding any type Special Election, the Political Subdivision may have to publish their own "Notice of Election" in order to meet additional requirements. Please advise the County Clerk's Elections Office if the Political Subdivision must print a separate notice so the Political Subdivision's notice is not included in the Notice published by the County Clerk. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the County Clerk's Election Department. III. STATUTORY COMPLIANCE Political subdivisions shall follow all applicable State and Federal laws related to elections, including, but not limited to, Section 52.072 of the Election Code, which states in part, "A proposition shall be printed on the ballot in the form of a single statement ..."." Failure to do so may prohibit the political subdivision's participation in a Joint Election. IV. VOTING LOCATIONS The County Clerk' Election Office shall select and arrange for the use of and payment for all election day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by the county. The proposed voting locations are listed in Attachment B of this agreement. In the event a voting location is not available, the Elections Department will arrange for use of an alternate location with the approval of the Political Subdivision. The Elections Department shall notify the Political Subdivision of any changes from the locations listed in Attachment B. 2 If polling places for the, joint election in Attachment A are different from the polling place(s) used by Political Subdivision in its most recent election, Political Subdivision agrees to post a notice no later than the date of the election described in Attachment A, at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision's polling place names and addresses in effect for the, election described in Attachment A. Any changes in voting location from those that were used in the most recent, - COUNTYWIDE JOINT elections will be posted by the County Clerk's Election Office. V. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL The Brazoria County Commissioners Court shall be responsible for the appointment of the presiding judge and alternate judge for each polling location in accordance with Chapter 32 of the Texas Election Code. In the event an emergency appointment is necessary, appointment shall be made in accordance with Election Code §32.007 which authorizes the presiding officer of the Brazoria County Commissioners Court to make an emergency appointment; should that officer not be available, the County Clerk's office shall make emergency appointments of election officials.. Upon request by the County Clerk, Political Subdivision agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). The County's Elections Department shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to ensure that all election judges appointed for the Joint Election are eligible to serve. The County Clerk shall arrange for the training and compensation of all election judges and clerks. The Elections Department shall arrange for the date, time, and place for the presiding election judge to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Department notifying him of his appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge will receive compensation at an hourly rate of$12.00. Each election clerk will receive compensation at an hourly rate of$10.00. The election judge will receive an additional sum of$25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. All judges and clerks who attend training will be compensated at an hourly rate of$8.00 as compensation for same. It is agreed by all Parties that at all times and for all purposes hereunder, all election judges, clerks, and all other personnel involved in this election are temporary part-time employee's subject only to those benefits available to such employees. 3 VI. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The County Clerk Elections Department shall arrange for all election supplies and voting equipment including, but not limited to official ballots, sample ballots, voter registration lists, and all forms, signs and other materials used by the election judges at the voting locations. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The County Clerk Elections Department shall provide the necessary voter registration information, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. If special maps are needed for a particular Political Subdivision, the County Clerk Election Department will order the maps and pass that charge on to that particular Political Subdivision. Political Subdivision shall furnish the County Clerk a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority's ballot is to be printed). THE POLITICAL SUBDIVISION SHALL ALSO PROVIDE A COPY OF EACH CANDIDATE'S APPLICATION TO THE COUNTY CLERK ELECTIONS OFFICE. This list shall be delivered to the County Clerk Elections Department as soon as possible after ballot positions have been determined by each of the participating authorities. Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates and/or propositions. VII. EARLY VOTING The Parties agree to conduct joint early voting and to appoint the County Clerk as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Political Subdivision agrees to appoint the County Clerk's permanent county employees as deputy early voting clerks. The Parties further agree that each Early Voting Location will have an "Officer in Charge" that will receive compensation at an hourly rate of$12.00. The clerks at each location will receive compensation at an hourly rate of$10.00. Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment "B" of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any one of the joint early voting locations. As Early Voting Clerk, the County Clerk shall receive applications for early voting ballots to be voted by mail in accordance with Chapter 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the Political Subdivision shall be forwarded immediately by fax or courier to the Elections Department for processing. The County Clerk Elections Department shall, upon request, provide the Political Subdivision a copy of the early voting report on a daily basis and a cumulative final early voting report following the election. 4 VIII. EARLY VOTING BALLOT BOARD The County Clerk shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the County Clerk Elections Department, shall appoint two or more additional members to constitute the EVBB. The County Clerk Elections Department shall determine the number of EVBB members required to efficiently process the early voting ballots. IX. CENTRAL COUNTING STATION AND ELECTION RETURNS The County shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Lisa Mujica Alternate Counting Station Manager: Brandy Pena Tabulation Supervisor: Susan Cunningham Alternate Tabulation Supervisor: Patricia DeVille Presiding Judge: Tamara Reynolds Alternate Presiding Judge: Dottie Cornett The County Clerk Elections Department will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to the Political Subdivision as soon as possible after all returns have been tabulated. All participating authorities shall be responsible for the official canvass of their respective elections. The County Clerk Elections Department shall be responsible for conducting the post- election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office. The County Clerk Elections Department shall submit all Cities' precinct by precinct returns to the Texas Secretary of State's Office electronically. The County Clerk Elections Department shall post all election night results to County website on election night. http://www. Brazoriacountyvotes.com. 5 X. ELECTION EXPENSES AND ALLOCATION OF COSTS The Parties agree to share the costs of administering the Joint.Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which 'is based on the cost per polling place. Since the County participates in "Vote Centers", all political subdivisions can vote at any location. For billing purposes, each "Vote Center" will be assigned precincts in the area and if a political subdivision is on the ballot for any of the assigned precincts, they will share in the cost of that voting location. It is agreed that the normal rental rate charged for the County's voting equipment used on election day shall be divided equally among the participants utilizing each polling location. (see "exhibit 1" for rental rates) Costs for Early Voting by Personal Appearance will be divided by all political subdivisions as follows: Total cost of all entities entered into a contract will be divided by all political subdivisions holding elections on MAY 4, 2019. Cost will be based on registered voters. Political Subdivision contracting for a runoff shall be responsible for all associated cost. Xl. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Political Subdivision may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code, or should it be later ruled that the election is not needed. Political Subdivision is fully liable for any expenses incurred by County Clerk on behalf of the Political Subdivision. Any monies deposited with the county by the withdrawing authority shall be refunded, minus the aforementioned expenses. XII. RECORDS OF THE ELECTION The County Clerk is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the County Clerk or at an alternate facility used for storage of county records. The County Clerk Elections Department shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the County Clerk shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the County Clerk any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. 6 XIII. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. Political Subdivision agrees that any recount shall take place at the offices of the County Clerk and that the County Clerk shall serve as Recount Supervisor and the Political Subdivision's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. - The County Clerk Elections Department agrees to provide advisory services to the Political Subdivision as necessary to conduct a proper recount and cost of the recount depends on the size of the election and number of precincts to be recounted. XIV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, that other districts and political subdivisions may wish to participate in the use of the election equipment and voting places; it is agreed that the County Clerk may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. 2. The County clerk shall file copies of this document with the County Treasurer and the County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. In the event that legal action is filed contesting the Political Subdivision's election under Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its own expense, legal counsel for the County, the County Clerk, and additional election personnel as necessary. 4. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code; however, any action taken is subject to any immunity provided by statute or common law to governmental entities. For purposes of this contract, the County Clerk's office is acting as a governmental entity covered by any immunity available to Brazoria County. 5. The parties agree that under the Constitution and laws of the State of Texas, neither Brazoria County nor Political Subdivision can enter into an agreement whereby either party agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any, to indemnifying or holding or saving harmless for any reason are hereby deleted. 7 6. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazoria County, Texas. 7. In the event of one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 8. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 9. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. 10. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. 11. Authorization of Agreement. This Agreement has been approved and authorized by the governing body of the Political Subdivision. 12. Purpose, Terms, Rights, and Duties of the Parties. The purpose, terms, rights, and duties of the Parties shall be as set forth in this Agreement. 13.Payments from Current Revenues. Each Party paying for the performance of governmental functions or services must make those payments from current revenues available to that paying Party. 14.Fair Compensation. The Parties acknowledge and agree that each of the payments contemplated by this Agreement fairly compensate the performing Party. 15.Termination. At any time and for any reason, either Party may terminate this Agreement by providing thirty (30) days' written notice of termination to the other Party. 16.Funding. The Parties understand and acknowledge that the funding of this Agreement is contained in each Party's annual budget and is subject to the approval of each Party in each fiscal year. The Parties further agree that should the governing body of any Party fail to approve a budget that includes sufficient funds for the continuation of this Agreement, or should the governing body of any Party fail to certify funds for any reason, then and upon the occurrence of such event, this Agreement shall automatically terminate as to that Party and that Party shall then have no further obligation to the other Party. When the funds budgeted or certified during any fiscal year by a Party to discharge its obligations under this Agreement are expended, the other Party's sole and exclusive remedy shall be to terminate this Agreement. • 8 17.No Joint Enterprise. The Agreement is not intended to, and shall not be construed to, create any joint enterprise between or among the Parties. 18.Public Information. This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Texas Government Code Chapter 552 et seq., as amended (the "Texas Public Information Act"), such provision shall be void and have no force or effect. 19. No Third-Party Beneficiaries. This Agreement is entered solely by and between, and may be enforced only by and among the Parties. Except as set forth herein, this Agreement shall not be deemed to create any rights in, or obligations to, any third parties. 20.No Personal Liability. Nothing in this Agreement shall be construed as creating any personal liability on the part of any employee, officer, or agent of any Party to this Agreement. 21.Nothing in this Agreement requires that either the Political Subdivision or County incur debt, assess or collect funds, or create a sinking fund. 22.Sovereign Immunity Acknowledged and Retained. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITY FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE CITY AND THE COUNTY RETAIN ALL GOVERNMENTAL IMMUNITIES. 9 XV. COST ESTIMATES AND DEPOSIT OF FUNDS It is estimated that the Political Subdivision's obligation under the terms of this agreement shall be DETERMINED AFTER THE ELECTION. Political Subdivision agrees to pay to County a deposit of$15,000.00. This deposit shall be paid to County within 10 business days after the final candidate filing deadline. The final candidate filing deadline is February 15, 2019. Therefore, deposit is due by MARCH 4, 2019. The exact amount of the Political Subdivision's obligation under the terms of this Agreement shall be calculated after the MAY 4, 2019, election, and if the amount of the Political Subdivision's obligation exceeds the amount deposited, the Political Subdivision shall pay to County the balance due within thirty (30) days after receipt of the final invoice from the County's Election Department. However, if the amount of the Political Subdivision's obligation is less than the amount deposited, County shall refund to the Political Subdivision the excess amount paid within thirty (30) days after final costs are calculated. IN TESTIMONY HEREOF, this agreement, its multiple originals all of equal force, has been executed on behalf of the parties. (1) On the II* day of FG , 2019 been executed on behalf of the County Clerk by the County Clerk pursuant to the Texas Election Code; (2) On the a day of Februa.r , 2019 been executed on behalf of the Political Subdivision by its Mayor or authorized representative, pursuant to an action of the Political Subdivision. BRAZORIA COUNTY,e5k-\,1, COUNTY CLERK by CSS . JoyHu man, County Clerk ATTEST: CITY OF PEARLAND, TEXAS alt./ /7 ...d By Pr, idinl Officer or Authorized Representative CIT PEARLAND ( 4� z . 10 "Attachment A" SUBJECT TO CHANGE VOTE CENTER LOCATIONS-MAY 2019 Home Precincts that formerly voted Pct# Polling Place at this Location 1 East Annex(Old Walmart), 1524 E Mulberry,Angleton 1,42,56 2 Pct 4 Building, 121 N 10th St,West Columbia 2, 10 4 Brazoria Library,620 S Brooks, Brazoria 4,32 7 Freeport Library,410 Brazosport Blvd, Freeport 7, 17 8 Oyster Creek City Hall,3210 FM 523,Oyster Creek 8 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 th St, Danbury 15 19 Clute Event Center, 100 Parkview Dr,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 29 Westside Event Center,2150 Countryplace Pkwy, Pearland 27, 29,54 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 67 Pearland Westside Library,2803 Business Center Dr#101, Pearland 50,59, 67, 68 ONLY OPEN FOR LOCAL ELECTIONS IF THE CITY HAS AN ELECTION 6 Liverpool City Hall,8901 CR 171, Liverpool 6,57 9 Bonney Annex Building, 19025 FM 521, Bonney 9, 21 25 Hillcrest Village Municipal Bldg,200 W Timberlane,Alvin 25,35 CLOSING 2019 3 Nolan Ryan Center,2925 South Bypass 35,Alvin 3 33 Mims Community Center,4283 FM 521, Brazoria 33 61 First Church of Pearland, 1850 Broadway, Pearland 51,52, 61 CLOSED FOR LOCAL ELECTION 55 West Annex,451 N Velasco,Angleton 31,55 CLOSED DUE TO FLOOD DAMAGE 5 Holiday Lakes City Hall, 195 N Texas Ave, Holiday Lakes 5 AW5-49 Prescribed by Secretary of State Sections 85.067 and 85.068,Texas Election Code 3/07 ATTACHMENT "B" NOTICE OF EARLY VOTING AT BRANCH POLLING PLACES Early voting by personal appearance will be conducted at the following locations: Angleton (Main) East Annex, 1524 E Mulberry Alvin Alvin Library, 105 S Gordon Brazoria Brazoria Library, 620 S Brooks Freeport Freeport Library, 410 Brazosport Blvd Lake Jackson Lake Jackson Library, 250 Circle Way Manvel North Annex, 7313 Corporate Dr Pearland East Tom Reid Library, 3522 Liberty Dr Pearland West Westside Event Center, 2150 Countryplace Pkwy Shadow Creek Pearland Westside Library, 2803 Business Center Dr#101 Sweeny Sweeny Community Center, 205 W Ashley Wilson.Rd West Columbia Precinct 4 Building 2, 121 N 10th St DATES AND HOURS: • April 22-26 8 AM-5 PM April 27 7 AM—7 PM April 29-30 7 AM —7 PM • Early Voting Clerk • AVISO DE VOTACION ADELANTADA EN LOS SITIOS DE VOTACION AUXILIARES La votacidn adelantada en persona se llevara a cabo en los siguientes sitios de esta manera: Angleton (Ubicacion Principal) East Annex, 1524 E Mulberry Alvin Alvin Library, 105 S Gordon Brazoria Brazoria Library, 620 S Brooks Freeport Freeport Library, 410 Brazosport Blvd Lake Jackson Lake Jackson Library, 250 Circle Way Manvel North.Annex, 7313 Corporate Dr Pearland Este Tom Reid Library, 3522 Liberty Dr Pearland Oeste • Westside Event Center, 2150 Countryplace Pkwy Shadow Creek Pearland Westside Library, 2803 Business Center Dr#101 Sweeny Sweeny Community Center, 205 W Ashley Wilson Rd West Columbia Precinct 4 Building 2, 121 N 10th St FECHAS Y HORAS 22-26 de abril 8 AM—5 PM 27 de abril 7 AM-7 PM 29-30 de abril 7 AM—7 PM Secretaria de la Votacion Adelantada TE OFT�y �c► GINA FERGUSON ��n'�� ~;(/ BRAZORIA COUNTY Chief Deputy �� 111 E.Locust,Ste.200 \ok�l� /\ Q Jo Angleton,TX 77515 OF� JOYCE HUDMAN COUNTY CLERK www.brazoriacountyclerk.net CITY OF PEARLAND Your deposit for the MAY 4, 2019, LOCAL JOINT ELECTION has been received. Amount Received: $15,000.00 Check Date: 03/21/2019 Check number#273697 Thank you, fjAU-SitCg-)' Lisa Mujica Brazoria County Election Director Angleton—979-864-1373 Brazosport—979-288-1373 North County—281-756-1373