R2020-037 2020-02-10RESOLUTION NO. R2020-37
A Resolution of the City Council Of The City Of Pearland, Texas, providing that a
General Municipal Election be held on May 2, 2020, for the purpose of electing
the Mayor and two (2) Councilmembers, providing that a Special Election on the
same date for the purpose of submitting to the qualified voters of the City certain
proposed amendments to the existing Charter of the City, stating the subject
matter of the proposed amendments to the City Charter to be voted upon at said
election, providing the form of the ballot for such election, designating the
polling places, providing the form of the ballot for such election, directing and
giving notice of such election, and providing details relating to the holding of
such election.
WHEREAS, the City Council wishes to proceed with the ordering of such General Election and
Special Election and the City Council has determined that holding such elections is in the public
interest;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND CITY, TEXAS:
Section 1. Call of Election; Date; Eligible Electors and Hours.
(a) It is hereby ordered that a General Election (the "General Election") and Special Election
(the "Special Election") be held in and throughout the City of Pearland on Saturday, May 2, 2020,
between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m. at which time all resident, qualified
electors of the City shall be entitled to vote for the Mayor, Councilmember Position Number Three (3),
and Councilmember Position Number Seven (7) of the City Council for three (3) full year terms. The
Special Election of the City of Pearland, Texas shall be held for the purpose of submitting to the
resident, qualified electors of the City of Pearland, Texas eight (8) proposed Charter Amendments
proposed by the Pearland Charter Review Commission. Such proposed Charter amendments are
attached hereto as Exhibit "C".
(b) The General Election and Special Election shall be held under the provisions of the Charter
of the City, the Constitution and laws of the State of Texas and of this Resolution. All qualified voters
residing in the City shall be allowed to vote at the Election; and each voter shall vote in the election
precinct in which such voter resides.
Section 2. Election Polling Places; Election Officers.
(a) The election precincts for the Election shall include county election precincts and such
precincts, the polling places are hereby established and shall be as described in Exhibit "A" hereto.
(b) The election officials for each City precinct shall be designated by the County Clerk of
Brazoria County, Texas (the "Elections Administrator"); and such officials shall conduct the City's
Election in accordance with a Joint Election Agreement and Contract for Election Services (the
"Election Contract") between Brazoria County, Texas and the City. The Elections Administrator is
hereby authorized and instructed to provide and furnish all necessary election supplies for all City
precincts. The official mailing address for Elections Administrator, Joyce Hudman, County Clerk, 111
East Locust, Suite 200, Angleton, Texas 77515-4654. The physical address of the Elections
Administrator is Brazoria County East Annex, 1524 E. Mulberry, Room 144, Angleton, Texas 77515.
(c) In the event the Election Administrator shall find that one or more of the polling places listed
on Exhibit "A" or Exhibit "B" have become unavailable or unsuitable for use or if any person or
persons appointed herein do not appear or are unable to perform their duties, is hereby authorized to
designate substitute polling places and appoint substitute personnel, giving such notice as deemed
appropriate.
Section 3. Candidates in General Election. No person's name shall be placed upon the
official ballot as a candidate for Mayor, Councilmember Position Number Three (3), or Councilmember
Position Number Seven (7) of the City Council unless such person has filed a sworn application, as
provided by Section 141.031 of the TEXAS ELECTION CODE, with the City Secretary of this City at the
City of Pearland Municipal Building (City Hall), 3519 Liberty Drive, Pearland, Texas 77581, not later
than five o'clock (5:00) p.m. on the seventy-eighth (78) day, February 14, 2020, before the date of such
election. Each candidate must specify in each instance the City Council Position for which the
applicant is seeking 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 qualified voter of the
territory (City), and otherwise qualified to hold the position of a member of the City Council under Texas
law.
Section 4. Ballots. The City Secretary and the Elections Administrator are hereby authorized
and directed to prepare the ballots for the General Election and Special Election in accordance with the
provisions of the Texas Election Code. The ballots to be used in the General Election shall have printed
thereon the names of the candidates for Mayor, Councilmember Position Number Three (3), and
Councilmember Position Number Seven (7). The order in which the names of the candidates are to be
printed on the ballot will be determined by a drawing by the City Secretary on a form prescribed by the
Code. The ballots for the Special Election shall have printed the seven (7) proposed Charter
Amendments in accordance with the provisions of the Texas Election Code.
Section 5. Voting. Voting in the Election, including early voting by personal appearance shall
be by an electronic voting system adopted by the City and the Commissioners Court of Brazoria
County, Texas for use in elections held by the City and Brazoria County. Each voter in the General
Election and Special Election shall mark the ballot indicating such voter's choice of candidate for
Mayor, Councilmember Position Number Three (3), and Councilmember Position Number Seven (7)
and for each of the seven (7) proposed Charter Amendments. Voting shall be conducted in accordance
with the Texas Election Code.
Section 6. Early Voting. Early voting by personal appearance shall be conducted at the dates,
times and polling places listed in Exhibit "B" to this Resolution.
The City Council hereby establishes Brazoria County Courthouse East Annex, 1524 E.
Mulberry, Angleton, Texas 77515 as the main early voting polling place at which early voting by
personal appearance shall be conducted.
The Council hereby appoints the Elections Administrator as the early voting clerk. The Elections
Administrator shall receive applications for a ballot to be voted by mail. Completed applications may be
submitted to the Early Voting Clerk in person, by mail, by contract or common carrier, or by fax.
Completed applications may also be submitted to the Early Voting Clerk by e-mail if the e-mail contains
the scanned application containing the applicant's original signature. Applications for ballots by mail
may be received no later than 5:00 p.m. on April 21, 2020, however, applications for a ballot by mail
submitted in person must be received by the Early Voting Clerk before the close of business on April
17, 2020. An applicant submitting an application for ballot by mail via fax or e-mail must also submit the
physical application for ballot by mail via mail. In order for a faxed or e-mail application for ballot by mail
to be effective, the physical, mailed application for ballot by mail must be received within four days of
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the submission of the application by fax or email. The mailing address of the Early Voting Clerk is
Joyce Hudman, Brazoria County Clerk, 111 East Locust, Suite 200, Angleton, Texas 77515-4654, the
physical address of The physical address of the Elections Administrator is Brazoria County East Annex,
1524 E. Mulberry, Room 144, Angleton, Texas 77515, by e-mail at cclerkelections(aD-brazoria-
county.com, or by fax at 979.864. 1011.
The Council hereby appoints the Counting Station Judge or Alternate as the presiding judge of
the early voting ballot board to count and return early voting ballots in accordance with the Election
Code. The presiding judge shall appoint election clerks as needed, and such judge and clerks shall
constitute the early voting ballot board and shall perform the duties set forth for such board in the Texas
Election Code. The Central Counting Station will be located at the Angleton Main Location, East Annex,
1524 E. Mulberry, Angleton, Texas 77515.
Section 7. Notice of Elections. Notice of the Elections, shall be printed as required by Chapter
4 of the Election Code and the Charter of this City, in English and Spanish, stating in substance the
contents of this Resolution, shall be: (i) published on the same day in each of two successive weeks,
with the first publication occurring before the tenth (10th) day before the date of the election in a
newspaper of general circulation within the City's territory not earlier than the thirtieth (30th) day before
the Elections; (ii) posted on the bulletin board used by the Council to post notices of the Council's
meetings no later than the twenty-first (21 st) day before the date of the Elections.
Section 8. Declaring Results. City Council shall canvass the returns and declare the results of
the Elections.
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
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. At the Special Election, the Propositions that receive a majority
of all votes cast approving each particular Proposition shall be declared as approved and effective
immediately causing the City Charter to be amended.
Section 9. Notice of Meeting. It is further found and determined that a sufficient written notice
of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting
has been open to the public as required by law at all times during which this Resolution and the subject
matter thereof has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 10. Authority of the Mayor. The Mayor shall have the authority to take, or cause to be
taken, all actions reasonable and necessary to insure that the Elections are fairly held and returns
properly counted and tabulated for the canvass of the Election returns by the City Council in
accordance with state law.
Section 11. Severability Clause. If any section, subsection, sentence, phrase or word of this
resolution be found to be illegal, invalid or unconstitutional, the adjudication shall not affect any other
section, sentence, phrase, word, paragraph or provision of this resolution or the application of any other
section, sentence, phrase, word, paragraph, or provision of any other resolution of the City. The City
Council declares that it would have adopted the valid portion and applications of this resolution without
the invalid part, and to this end the provisions of this resolution are declared to be severable.
Section 12. Effective Date. This Resolution is effective immediately upon its Passage and
approval.
PASSED, APPROVED, ADOPTED and ORDERED this the 10th day of February, A. D., 2020.
A E T:
CRY TAL . ROAN, TRMC, CMC
CITY SECRETARY
AP ROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
rd
TOM REID
MAYOR
EXHIBIT "A"
VOTE CENTER LOCATIONS - MAY 2, 2020
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
38 Surfside Beach City Hall, 1304 Monument Dr., Surfside Beach
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
EXHIBIT "B"
NOTICE OF EARLY VOTING FOR THE FOLLOWING POLITICAL SUBDIVISIONS BEING HELD IN
BRAZORIA COUNTY, TEXAS ON MAY 2, 2020
EARLY VOTING BY PERSONAL APPEARANCE LOCATIONS:
Angleton Main Location
Alvin Branch Location
Brazoria Branch Location
Freeport Branch Location
Lake Jackson Branch Location
Manvel Branch Location
Pearland East Branch Location
Pearland West Branch Location
Pearland Shadow Creek Location
Sweeny Branch Location
West Columbia Branch Location
East Annex (Old Wal-Mart Building)
1524 E. Mulberry, Angleton
Alvin Library
105 S Gordon, Alvin
Brazoria Library
620 S Brooks, Brazoria
Freeport Library
410 Brazosport Blvd., Freeport
Lake Jackson Library
250 Circle Way, Lake Jackson
North Annex
7313 Corporate Dr, Manvel
Tom Reid (Pearland) Library
3522 Liberty Drive, Pearland
Westside Event Center
2150 Countryplace Pkwy, Pearland
Pearland Westside Library
2803 Business Center Dr #101, Pearland
Sweeny Community Center
205 W Ashley Wilson Rd., Sweeny
Precinct 4 Building
121 N 10th St, West Columbia
Personal Appearance Times and Dates for Above Locations:
April20-24.................................................................................8 AM — 5 PM
April25.....................................................................................7 AM — 7 PM
April 27 —April 28.......................................................................7 AM — 7 PM
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EXHIBIT "C"
Eight (8) Proposed Charter Amendments
(Underlined portions ADDED; s*�.GkeR portions DELETED; shaded portions will appear on the
BALLOT)
PROPOSED AMENDMENT NO. 1
THE AMENDMENT OF the Pearland Charter, Section 1.03, regarding the City's ability to annex
property.
This amendment requires that when the City annexes property it does so consistent with State law.
Section 1.03. - Annexation for all purposes.
The city council shall have the power by ordinance to fix the boundary limits of the City of
Pearland; and to provide for the alteration and the extension of said boundary limits; and the
annexation of additional territory
subject to such procedural rules as may be prescribed by law.
PROPOSED AMENDMENT NO. 2
THE AMENDMENT OF the Pearland Charter, Section 3.02, regarding the qualifications to serve
on City Council.
This amendment increases the residency requirement for candidates for City Council from six (6)
months to twelve (12) months.
Section 3.02. Qualifications.
Each member of the city council shall be a resident of the City of Pearland, shall be a qualified voter for
the State of Texas, shall have been such a resident citizen of the City of Pearland for a period of not
less than twelve (12) six months immediately preceding his/her election, and shall not be indebted
to the City of Pearland...
PROPOSED AMENDMENT NO. 3
THE AMENDMENT OF the Pearland Charter, Section 3.09, regarding the City Council Rules of
Procedure for establishing a quorum and method of vote.
This amendment establishes a quorum of City Council to be five members of city council, including the
mayor, instead of two thirds members of city council, including the mayor, and requires a record vote
instead of a roll call vote for all Resolutions and Ordinances.
Section 3.09. - Rules of procedure.
The city council shall determine its own rules of procedure and may compel the attendance of its
members. Five Two thiFds (2i3) of the qualified members of the city council, including the mayor,
shall constitute a quorum to do business, and the affirmative vote of the majority of those present
shall be necessary to adopt any ordinance or resolution. Minutes of the proceedings of all meetings
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of the city council shall be kept, to which any citizen may have access at all reasonable times and
which shall constitute one (1) of the archives of the city. The vote upon the passage of all the
ordinances and resolutions shall be taken by record vote Feld Gall and so entered upon the minutes,
and every ordinance or resolution, upon its final passage, shall be recorded in a book kept for that
purpose under full caption, and shall be authenticated by the signature of the presiding officer and
the person performing the duties of the city secretary. Said ordinances or resolutions and the voting
records shall be published in accordance with Article 3, section 3.10, of this charter.
PROPOSED AMENDMENT NO. 4
THE AMENDMENT OF the Pearland Charter, Section 3.12, regarding investigations.
This amendment increases the maximum fine amount for each day of non-compliance with a subpoena
from two hundred dollars ($200.00) to five hundred dollars ($500.00).
Section 3.12. Investigation by the city council.
The city council shall have power to inquire into the conduct of any office, department, agency, officer
or employee of the city and to make investigations as to municipal affairs, and for that purpose may
subpoena witnesses, administer oaths and compel the production of books, papers, and other
evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered
under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine not
to exceed five two hundred dollars ($5-200). Each day the subpoena is not complied with shall
constitute a separate violation.
PROPOSED AMENDMENT NO. 5
THE AMENDMENT OF the Pearland Charter, Section 5.05, regarding Ballots.
This amendment requires that ballots be prepared in accordance with State law
Section 5.05. - Ballots.
The positions of the several members of the council shall be designated on the official ballot as
member of the council, position number 1, 2, 3, 4, 5, 6 or 7. Each candidate shall indicate the
position which he/she desires to fill. Incumbent councilmembers seeking reelection must file for the
position for which they were originally elected. Candidates for all positions may reside in any portion
of the city.
beGarne iReligible, shall be PFiRted OR the efficial ballets without party designatiORS OR the order
All official ballots for general and
special elections shall be prepared in accordance with State Law. PFiRted at least twenty (20) days
prier to the date E)f aRY geReral e!eGt'GR, and early voting shall be governed by the geReral e!eGt49R
laws of the State of Texa-
PROPOSED AMENDMENT NO. 6
THE AMENDMENT OF the Pearland Charter, Section 6.06, regarding the presentation of recall
petitions to City Council.
This amendment increases the amount of time the City Secretary has to certify a recall petition from
five (5) days to ten (10) business days.
Section 6.06. Presentation of petition to city council.
Within ten 10 five (5) business days after the date of the filing of the papers constituting the recall
petition, the person performing the duties of the city secretary shall certify such petition or return same
to petitioners or correction. After certification, the person performing the duties of city secretary shall
present such petition to the city council of the City of Pearland at the next regular meeting.
PROPOSED AMENDMENT NO. 7
THE AMENDMENT OF the Pearland Charter, Section 8.02, regarding the preparation and
submission of the City's budget.
This amendment requires that the City's budget be prepared and submitted to City Council consistent
with State law.
Section 8.02. Preparation and submission of budget.
The city manager, betWeeR sixty (60) and R'Rety (90) days pFieF te the begiRRiRg of eaGh fiSGal year,
shall submit to the council a proposed budget in accordance with State law. , whiGh budget shall
PROPOSED AMENDMENT NO. 8
THE AMENDMENT OF the Pearland Charter, Section 10.15, regarding the City's Charter Review
Commission.
This amendment increases the size of the Charter Review Commission from five (5) members to seven
(7) members.
Section 10.15. Charter review commission.
The City council shall appoint at its first regular meeting in January of every sixth year, beginning with
2019, or more frequently if the city council deems necessary, a charter review commission of seven 7
five (5) citizens of the City of Pearland:...
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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 2, 2020. 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 31.092. The 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
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, total 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 of 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 publish 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's 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 "A" 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 "A".
E
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 name(s) and address(s) 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 election 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 employees subject
only to those benefits available to such employees.
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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" who 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.
M
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:
Alternate Counting Station Manager:
Tabulation Supervisor:
Alternate Tabulation Supervisor:
Presiding Judge:
Alternate Presiding Judge:
Lisa Mujica
Brandy Pena
Susan Cunningham
Patricia Deville
Tamara Reynolds
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.
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. The County participates in
"Vote Centers," therefor all political subdivisions can vote at any location.
5
It is agreed that the normal rental rate charged for the County's voting equipment used on
election day shall be calculated per polling locations and among the participants utilizing each
polling location. (See "Exhibit 1" for rental rates.) Total cost will be calculated, and then multiplied
by the Political Subdivisions percentage number of registered voters or with the minimum of
$1500.00, for those with lesser amount.
Costs for Early Voting by Personal Appearance will also be charge with the same formula
as Election Day. Those political subdivisions with the percentage of registered voters less than
amount equal to $1500.00 charged will be a minimum amount of $1500.00.
Political Subdivision contracting for a runoff shall be responsible for all associated costs.
XI. 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.
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.
D
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
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.
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.
7
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.
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.
14
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.
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 $10,000.00. This deposit shall be paid to County within 10 business days after the final
candidate filing deadline. The final candidate filing deadline is February 18, 2020. Therefore,
deposit is due by MARCH 3, 2020. The exact amount of the Political Subdivision's obligation under
the terms of this Agreement shall be calculated after the MAY 2, 2020, 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 day of , 2020 been executed on behalf of the County Clerk
by the County Clerk pursuant to the Texas Election Code;
(2) On the day of ajl& , 2020 been executed on behalf of the Political
Subdivision by its Mayor or authorized re resentative, pursuant to an action of the Political
Subdivision.
ATTE
By
BRAZORIA COUNTY, COUNTY CLERK by
Joyce Hudman, County Clerk
CITY OFREAF�I-AtsID, TEXAS
Presidint
CITY OF
9
cer or Authorized Representative
�RLAND
ATTACHMENT "A"- SUBJECT TO CHANGE
ELECTION DAY POLLING LOCATIONS MAY 2, 2020
HOME PCT#
POLLING PLACE
1
East Annex (Old Walmart), 1524 E Mulberry, Angleton
2
Precinct 4 Building #2, 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 Event Center, 100 Parkview Dr, 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
38
Surfside Beach City Hall, 1304 Monument Dr, Surfside Beach
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
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) ..........
Alvin............................
Brazoria .......................
Freeport ......................
Lake Jackson ................
Manvel ........................
Pearland East ..............
Pearland West .............
Shadow Creek .............
Sweeny ........................
West Columbia............
Early Voting Clerk
.................East Annex, 1524 E Mulberry
.................Alvin Library, 105 S Gordon
.................Brazoria Library, 620 S Brooks
.................Freeport Library, 410 Brazosport Blvd
.................Lake Jackson Library, 250 Circle Way
.................North Annex, 7313 Corporate Dr
.................Tom Reid Library, 3522 Liberty Dr
.................Westside Event Center, 2150 Countryplace Pkwy
.................Pearland Westside Library, 2803 Business Center Dr #101
.................Sweeny Community Center, 205 W Ashley Wilson Rd
.................Precinct 4 Building 2, 121 N 10th St
DATES AND HOURS:
April 20-24 .............................................8 AM — 5 PM
April 25 ..................................................7 AM — 7 PM
April 27-28 .............................................7 AM — 7 PM
AVISO DE VOTACION ADELANTADA EN LOS SITIOS DE VOTACION AUXILIARES
La votaci6n adelantada en persona se I1evar6 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
20-24 de abril........................................8 AM — 5 PM
25 de abril.............................................7 AM — 7 PM
27-28 de abril........................................7 AM — 7 PM
Secretaria de la Votaci6n Adelantada