R2020-255 2020-11-23 RESOLUTION NO. R2020-255
A Resolution of the City Council of the City Of Pearland, Texas, providing that a
General Municipal Runoff Election be held on December 15, 2020, for the
purpose of electing two (2) Councilmembers, with other entities contracting with
Brazoria County, respectively, for such joint elections, providing the form of the
ballot for such election, designating the polling places, directing and giving
notice of such election, providing for repeal; providing for severability; and
containing other provisions relating to the subject.
WHEREAS, the City Council (the "City Council") of the City of Pearland, Texas (the "City") is
authorized and has determined to call a General Runoff Election to be held on Tuesday, December 15,
2020, for the purpose of electing a Councilmember to Position Number 3 and Position Number 7 of the
City Council;
WHEREAS, the City Council wishes to proceed with the ordering of such General Runoff
Election and the City Council has determined that holding such election is in the public interest;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND CITY, TEXAS:
Section 1. Call of Election; Date; Eligible Electors and Hours.
(a) It is hereby ordered that a General Runoff Election (the "General Election") be held in and
throughout the City of Pearland on Tuesday, December 15, 2020, 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 full year terms.
(b) The General Runoff 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. The polling
places for voting on Election Day for each City election precinct located in Brazoria County shall be at
the locations designated by Brazoria County as the polling place or the polling places set forth in Exhibit
"A", attached hereto and made a part hereof. Exhibit "A" may be modified to include additional or
different locations designated by the Brazoria County Elections Clerk and to conform to the Brazoria
County Joint Election Agreement and Contract.
(b) The election officials for each City precinct shall be designated by the County Administrators
of Brazoria County, Texas; and such officials shall conduct the City's Election in accordance with a Joint
Election Agreement and Contract for Election Services (the "Election Contracts") between Brazoria
County, Texas; and the City. The Elections Administrators are hereby authorized and instructed to
provide and furnish all necessary election supplies for all City precincts. The official mailing address for
Brazoria County, Joyce Hudman, Brazoria County Elections Clerk, 111 East Locust, Suite 200,
Angleton, Texas 77515-4654. The physical address of the Brazoria County Elections Clerk is Brazoria
County East Annex, 1524 E. Mulberry, Room 144, Angleton, Texas 77515.
Section 3. Election Day schedule. Each polling place on Election Day shall be open from
7:00 a.m. to 7:00 p.m.
RESOLUTION NO. R2020-25o
Section 4. Early voting polling places and schedule. Early voting by personal
appearance for each City election precinct located in Brazoria County shall be at the locations, dates,
and times as set forth in Exhibit "B", attached hereto and made a part hereof. Exhibit "B" may be
modified to include additional or different early voting locations, dates, and times designated by the
Brazoria County Elections Clerk and to conform to the Brazoria County Joint Election Agreement and
Contract.
Section 5. Early Voting. The Brazoria County Elections Administrator is hereby designated
as the Early Voting Clerk for each City election precinct located in Brazoria County. An application for a
voting ballot to be voted by mail for each City election precinct located in Brazoria County shall be
mailed to: Joyce Hudman, Brazoria County Elections Clerk, 111 East Locust, Suite 200, Angleton,
Texas 77515-4654; personally delivered to Brazoria County Elections Clerk, Brazoria County East
Annex, 1524 E. Mulberry, Room 144, Angleton, Texas 77515; by fax to: 979.864.1011, or by e-mail to:
cclerkelections@brazoria-county.com. An application for a voting ballot to be voted by mail, must be
received no later than Monday, November 23.
Section 6. Notice of changes_ The City Secretary shall provide notice of the election in
accordance with state law and shall provide notice of any modifications to Exhibits A or B on the City's
internet website.
Section 7. Ballots. The City Secretary and the Election Administrator are hereby authorized
and directed to prepare the ballots for the General Runoff Election in accordance with the provisions of
the Texas Election Code. The ballots to be used in the General Runoff Election shall have printed
thereon the name of the candidates for Councilmember Position Number Three (3) and Councilmember
Position Number Seven (7).
Section 8. Voting. Voting in the Election, including early voting by personal appearance
shall be by an electronic voting system designated by the contracting entity and approved by the Texas
Secretary of State. Early voting by mail shall be by paper ballot processed by an Early Voting Ballot
Board through an electronic voting system designated by the contracting entity and approved by the
Texas Secretary of State.
Section 9. 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 (21st) day before the date of the Elections.
Section 10. Declaring Results. City Council shall canvass the returns and declare the
results of the Elections.
Section 11. Open 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.
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RESOLUTION NO. R2020-25o
Section 12. 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 13. Repeal. Any ordinance or any part of an ordinance in conflict herewith shall be
and is hereby repealed only to the extent of such conflict.
Section 14. 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 15. Effective Date. This Resolution is effective immediately upon its Passage and
approval.
PASSED, APPROVED, ADOPTED and ORDERED this the 23rd day of November, A. D., 2020.
EVIN COLE
MAYOR
ATTEST:
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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ORDER OF GENERAL ELECTION AND SPECIAL ELECTION
(ORDEN DE ELECCION GENERAL Y ELECCION ESPECIAL)
City of Pearland
A General Runoff Election is hereby ordered to be held on December 15, 2020 for the purpose to elect
Councilmembers, Position 3, and Position 7. Por to presente se ordena la celebracion de una
Eleccion General y Eleccion Especial el 15 de diciembre de 2020 con el fin de elegir Concejales,
Posicion 3, y PosiciOn 7.
Early voting by personal appearance will be conducted at the following locations:
La votacion anticipada en persona se Ilevara a cabo en los siguientes lugares:
Brazoria County Election Day Vote Centers
7:00 a.m. to 7:00 p.m.
Tom Reid Library 3522 Liberty Drive Pearland
Westside Event Center, 2150 Countryplace Parkway Pearland
Pearland Westside Library 2803 Business Center Drive#101 Pearland
EARLY VOTING BY PERSONAL APPEARANCE LOCATIONS:
Tom Reid (Pearland) Library 3522 Liberty Drive Pearland
Westside Event Center 2150 Countryplace Parkway Pearland
Pearland Westside Library 2803 Business Center Drive#101 Pearland
Monday, November 30-Friday, December 4 8:00 a.m. to 5:00 p.m.
Saturday, December 5 7:00 a.m. to 7:00 p.m.
Monday, December 7—Wednesday, December 9 8:00 a.m. to 5:00 p.m.
Thursday, December 10 & Friday, December 11 7:00 a.m. to 7:00 p.m.
Applications for voting by mail should be received no later than the close of business (5:00 p.m.) on
November 23, 2020.
Applications should be mailed to:Joyce Hudman, Brazoria County Elections Clerk, 111 East Locust,
Suite 200, Angleton, Texas 77515-4654.
Personally delivered: to Brazoria County Elections Clerk, Brazoria County East Annex, 1524 E.
Mulberry, Room 144, Angleton, Texas 77515.
By fax to: 979.864.1011
E-mail to: cclerkelectionsnbrazoria-county.com
Contact the City Clerk's Office for additional information.
Comuniquese con la Oficina del Secretario de la Ciudad para obtener informacion adicional.
Issued this the 23rd day of November, 2020. City Council Resolution No. R2020-255
(Emitida el 23 de noviembre de 2020. Concejal de Ciudad Resolucion NRO. R2020-255)
vin Cole, Mayor (Alcalde)
Instruction Note: A copy of this election order must be delivered to the County Clerk/Elections
Administrator and Voter Registrar. Nota de instruccion: Una copia de esta orden de eleccion debe
ser entregada al Secretario del Condado/Administrador de Elecciones y Registrador de Votantes.
I certify that a copy of this notice of the Order of Election, was posted at City Hall, 3519 Liberty Dr.,
Pearland, Texas 77581 on November 24, 2020 by 10:00 p.m.
411-e-e
Crystal N. Roan, TR C CMC
ry ,
City Secretary