R2019-051A 2019-02-11 RESOLUTION NO. 2019-51-A
A Resolution ordering a General Election to be held on Saturday, May 4,
2019 for the purpose of electing Councilmembers to Position 1, Position 5
and Position 6 of the City of Pearland City Council; making provisions for
the conduct and the giving of notice of the General Election; and containing
other provisions related thereto
WHEREAS, the City Council (the "City Council") of the City of Pearland, Texas (the
"City") is authorized and has determined to call a general election to be held on Saturday, May 4,
2019 for the purpose of electing members to Position 1, Position 5 and Position 6 of the City
Council;
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. General Election Ordered; Eligible Electors and Hours; Date. A General
Election (the "General Election") at which all resident, qualified electors of the City shall be
entitled to vote for the Position 1, Position 5 and Position 6 of the City Council 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. Ballots for General Election. The City Secretary and the Administrator are
hereby authorized and directed to prepare the ballots for the General Election in accordance with
the provisions of the Code. The ballots to be used in the General Election shall have printed
thereon the names of the candidates for City Council Position 1, City Council Position 5 and City
Council Position 6.
Section 4. Candidates in General Election. Persons desiring to become candidates for _
Position 1, Position 5 or Position 6 of the City Council in the General Election shall, not later
than February 15, 2019 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 of the Code, as amended. Each candidate must specify in each
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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 Election. Candidates must be a
resident of the City and must be a registered voter of the territory elected from as of the filing
deadline.
Section 5. Voting. Voting in the General 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 Election shall mark the ballot indicating such voter's
choice of candidate for Position 1, Position 5 and Position 6 of the City Council. 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 General 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.
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
General 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 General Election or if any person
or persons appointed herein do not appear or are unable to perform their duties, and is hereby
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authorized to designate substitute polling places and appoint substitute personnel, giving such
notice as he deems appropriate
Section 9. Notice of General Election. Notice of the General Election shall be given
by (i) publishing the notice of election, in English and Spanish, at least once in a newspaper of
general circulation within the City's territory not earlier than the thirtieth (30th) day nor later
than the tenth (10th) day prior to the date set for the Election, and (ii) posting the notice of
election, in English and Spanish at the City Hall on the bulletin board used for posting notices of
the meetings of the City Council not later than the twenty-first (21st) day prior to the date set for
the Election through Election Day.
Section 10. Conduct of General Election. Voting at the General Election, and early
voting therefor, shall be by the use of the lawfully approved voting systems and ballots of the
County. Said General 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 General Election, whether or not expressly
authorized herein.
Section 12. Declaring Results.At the General 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 13. 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 14. 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 General Election are fairly held
and returns properly counted and tabulated for the canvass of the General Election returns by the
City Council in accordance with state law.
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Section 15. 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]
4135-9411-1258.1
PASSED, APPROVED, ADOPTED AND ORDERED on the j j+h day of
Gr , 2019.
Tom Rei , Mayor
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APPROVED AS TO FORM:
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Darrin Coker
City Attorney
4135-9411-1258.1
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
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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
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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:
Tom 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-A ordering a General Election to be held on
Saturday,May 4,2019 for the purpose of electing Councilmembers to Position
1, Position 5 and Position 6 of the City of Pearland City Council; making
provisions for the conduct and the giving of notice of the General 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: '0 ABSTENTIONS: a
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
4136-9011-9450.1
44198-8
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
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 C:6a rL.s 11 , 2019.
c===)49-7
Secret Mayor
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4136-9011-9450.1
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vendor Number: 2509-Joyce Hudman, County Clerk . REORDER 905•U.Sehelek4405:08,5642753697364,MOOD.
Invoice Total: (-) Retainage (-) Discount (+) Freight (+) State Tax (+) City Tax (+) County Tax (=)Total Payment
15,000.00 0.00 0.00 0.00 0.00 0.00 0.00 - 15,000.00
DATE INVOICE NO. DESCRIPTION NET AMOUNT
03/18/2019 May 2019 Deposit Election Deposit for May 4,2019 15,000.00
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Total: $15,000.00
THIS e0--.1:01,E6130RDER AND BE61(4R 01.17.1D.PLUS`II:KNIGHT&FINGET11#1 NT WATERAAAili{- 1111E.BAK"-.•
HOLD AT ANGLE TO VIEW-
City of Pearland Wells Fargo 37-65
PO Box 6995 1119 . Check No: 273697
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°NO:-,Pearland Texas 77588,2.719 •
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Date Amount
03/21/2019 $15,000.00
• Void after 90 Days
PAY . Fifteen ThOUSand and 00/100 Dollarst.
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TO Joyce Hudman, County Clerk
THE 111 E. Locust •• • 1.0
ORDER Suite 200
OF Angleton , TX 77515-4654 • k:-c96411`6'n_
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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.
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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.corn.
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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 .2 ` day of FC , 2019 been executed on behalf of the County Clerk
by the County Clerk pursuant to the Texas Election Code;
(2) On the o1 11% day of FebrMcr.r , 2019 been executed on behalf of the Political
Subdivision by its Mayor or authorizedfrepresentative, pursuant to an action of the Political
Subdivision.
BRAZORIA COUNTY, COUNTY CLERK by
Joy Hu man, County Clerk
ATTEST: CITY OF PEARLAND, TEXAS
By
Pr_ idin l Officer or Authorized Representative
CIT a PEARLAND
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 5th 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 votacion adelantada en persona se llevara a cabo en los siguientes sitios de esta manera:
Angleton (Ubicaci6n 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
OF Teti
GINA FERGUSON +fin, �� ~4/) BRAZORIA COUNTY
Chief Deputy /� � 111 E.Locust,Ste.200
�l(�� \
�1P,4 46 Angleton,TX 77515
OFB
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,
frikk-ye-g--)-
Lisa Mujica
Brazoria County
Election Director
Angleton—979-864-1373 Brazosport—979-288-1373 North County—281-756-1373