R2005-0156-1 11-07-05
RESOLUTION NO. R2005-156-1
A RESOLUTION AMENDING AN ORDER OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A
SPECIAL ELECTION TO BE HELD ON SATURDAY, DECEMBER 3,
2005, FOR THE PURPOSE OF FILLING A VACANCY ON THE CITY
COUNCIL, POSITION NUMBER (3), FOR AN UNEXPIRED TERM
EXPIRING MAY 2008 IN AND FOR THE CITY OF PEARLAND, TEXAS;
ESTABLISHING POLLING PLACES; NAMING CLERKS; AND
ESTABLISHING PROCEDURES FOR SAID SPECIAL ELECTION.
WHEREAS, pursuant to the Texas Constitution, Article XVI, Section 65(b), the
resignation of elected city officers is required upon their candidacy for another office of
trust if their term of office exceeds two (2) years and their remaining term is greater than
one (1) year; and
WHEREAS, a vacancy created as the result of the Texas Constitution, Article
VXI, Section 65 (b), must be filled within 120 days from the day the vacancy was
created; and
WHEREAS, the City Charter of the City of Pearland and the laws of the State of
Texas provide that the Election Code of the State of Texas is applicable to said Special
Election, and in order to comply with said Code, an Order and/or Resolution should be
passed ordering the call of said Special Election, establishing procedures to be followed
in said election and to designate the voting places of said election; therefore,
BE IT RESOLVED AND ORDERED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS:
Section 1. The Special Election of the City of Pearland, Texas, shall be held for
the purpose of electing the following official for said City, to-wit:
Fill a vacancy on the City Council, Position Number Three (3), for an unexpired
term expiring May 2008.
RESOLUTION NO. R2005-156-1
Section 2. The election precincts for the Election shall include county election
precincts located within the limits of the City of Pearland, City of Pearland Voting
Precinct No. 546 will consist of Brazoria County Precinct Numbers 28, 46, 51, 61 pt
and 68 pt, Harris County Election Precinct Numbers 537 and 654 shall be held at the
Melvin Knapp Activity BuildinQ, 2425 S. Grand Boulevard, Pearland, Texas and
City of Pearland Voting Precinct No. 512 will consist of Brazoria County Precinct
Numbers 12, 21 pt, 26 pt, 29 pt, 36 pt, 58 pt, 59 pt, 60 pt, 62 pt , 63 pt, 64 pt, 65 pt, 67,
76 pt and 77 pt; Harris County Election Precinct Numbers 131 and 630; and Fort Bend
County Precinct Number 2003 shall be held at the Jamison Middle School. 2506
Woody. Pearland, Texas. The polls on said Election Day shall be open from 7:00 a.m.
until 7:00 p.m.
Section 3. Wanda Heard is hereby appointed as Presiding Judge and Adela
Villarreal as Alternate Presiding Judge for City of Pearland Precinct No. 546. Cheryl
Barnett is hereby appointed Presiding Judge and Susan Cullen as Alternate Presiding
Judge for City of Pearland Precinct No. 512. The Presiding Judge shall appoint the
necessary clerks to assist her which shall be not less than two (2) nor more than nine
(9) clerks. Notice of appointment of Presiding Judge shall be in accordance with
Section 32.009 of the Texas Election Code.
Section 4. Early Voting by mail for the Special Election may be conducted by
making application for an early voting ballot with YounQ LorfinQ, Early VotinQ Clerk,
3519 Liberty Drive, Pearland, Texas 77581-5416. Voters qualified to vote early by
mail may begin applying for a ballot by mail on Tuesday, October 11, 2005.
Section 5. Except as otherwise provided herein and in accordance with Texas
Election Code, early voting by personal appearance shall be conducted each weekday
between the hours of 7:30 a.m. and 5:30 p.m. at Pearland City Hall, First Floor
Conference Room, 3519 Liberty Drive, Pearland, Texas 77581-5416 and between
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RESOLUTION NO. R2005-156-1
the hours of 8:00 a.m. and 5:00 p.m. at Epiphany Lutheran Church Gymnasium.
5515 W. Broadway. Pearland. Texas 77581-5416. The period for early voting by
personal appearance shall begin on Wednesday, November 16, 2005, the 17th day
before Election Day and continue through Tuesday, November 29, 2005, the 4th day
before Election Day. If the 17th day for beginning the period of early voting is a
Saturday, Sunday, official City holiday, or legal State holiday, the period will begin on
the next regular business day. Late voting by sick or disabled voters after close of
regular early voting period shall be in accordance with Chapter 102 of the Texas
Election Code. Early VotinQ on Friday. November 18. and Monday. November 21.
2005. will be conducted from 7:00 a.m. until 7:00 p.m. at of the aforementioned early
voting locations.
Section 6. Young Lorfing is hereby appointed Clerk for early voting and Jane
Taylor, Shannon Seale, and Theresa Smith are hereby appointed Deputy Clerks for
early voting.
Section 7. In accordance with the Texas Election Code, it is hereby determined
that electronic voting systems shall be used in the above-mentioned election for all
voting, including early voting by personal appearance and by mail.
Section 8. Cheryl Barnett is hereby appointed as the Presiding Judge of the
Early Voting Ballot Board for said election. The Presiding Judge shall appoint the
necessary clerks to assist her which shall be not less than two (2).
Section 9. The above-called election shall be held in accordance with the
Election Code of the State of Texas and only resident qualified voters of the City of
Pearland shall be eligible to vote at said election.
Section 10. Notice of the above-ordered election shall be given in accordance
with the terms and provisions of Chapter 4 of the Texas Election Code and the City
Secretary is hereby instructed to have said notice posted and/or published in
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RESOLUTION NO. R2005-156-1
accordance with said Chapter 4.
Section 11. Immediately after said Special Election is held, the officer holding
the same shall make known results of the returns thereof to the Mayor in accordance
with the Texas Election Code.
Section 12. All independent candidates for the Special Election to be held on
December 3, 2005, for Council Position Number Three (3), shall file their applications to
become candidates for said position with the City Secretary of this City at the City Hall,
3519 Liberty Drive, Pearland, Texas 77581-5416, on or before 61 days before the date
of said election. The earliest day for filing applications shall be 91 days before the
deadline for filing. The deadline for filing is 5 p.m. of the 31st day before election.
Section 13. All candidates for the Special Election shall file, along with said
applications, the loyalty affidavit and nepotism law as required by Section 141.031 of
the Texas Election Code.
Section 14. The City Secretary of the City shall post in his office the names of
all independent candidates who have filed their applications in accordance with the
terms and provisions of this Resolution and Order, and said names shall be posted at a
conspicuous place in said office for at least 10 days before said Secretary orders the
same to be printed on the Official Ballot for said election. The order in which the names
of the candidates are to be printed on the ballot shall be determined by a drawing by the
City Secretary as provided by Section 52.094 of the Texas Election Code.
Section 15. The City Secretary is hereby authorized and instructed to provide
and furnish all necessary election supplies to conduct said election.
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RESOLUTION NO. R2005-156-1
PASSED, APPROVED, ADOPTED and ORDERED this the ~ day of
November, A. D., 2005.
,~..~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
/~
LJ~ ft-t ' ~-
DARRIN M. COKER
CITY ATTORNEY
5
CITY OF PEARLAND
SPECIAL ELECTION CALENDAR
DECEMBER 3, 2005
October 17, 2005 -
Call Election
October 11, 2005 -
First day for candidates to file application for place on the ballot.
November 3, 2005 -
Last day for candidates to file application for place on the ballot. 5:00 p.m.
November 3, 2005 -
City Secretary conducts drawing for order of names on ballot at City Hall on the
Third Floor in the City Secretary's Office at 6:00 p.m.
November 3, 2005 -
Last day to register to vote in the December 3rd Election.
November 3, 2005 -
Due date for filing first report of campaign contributions and expenditures.
5:00 p.m. (30th day before election)
November 28, 2005 -
Last day for receiving applications by mail for early voting ballots to be voted by mail.
November 16, 2005-
Wednesday, First day for Early Voting by personal appearance at City Hall, 3519
Liberty Drive, 1st Floor Conference Room from 7:30 a.m. - 5:30 p.m. and Epiphany
Lutheran Church Gym, 5515 W. Broadway from 8:00 a.m. - 5:00 p.m.
November 23,2005 -
Due Date for filing second report of campaign contributions and expenditures.
5:00 p.m. (8th day before election)
November 18, 2005-
Friday Early Voting 7:00 a.m. - 7:00 p.m. both locations.
November 19, 2005-
Saturday Early Voting 9:00 a.m. - 5:00 p.m. both locations.
November 20, 2005-
Sunday Early Voting 12:00 p.m. - 4:00 p.m. both locations.
November 21,2005-
Monday Early Voting 7:00 a.m. - 7:00 p.m. both locations.
November 24, 2005-
Thursday CLOSED for Thanksgiving Holidays.
November25,2005-
Friday CLOSED for Thanksgiving Holidays.
November29,2005-
Tuesday, Last day for Regular Early Voting by personal appearance.
December 3, 2005 -
ELECTION DAY - 7:00 a.m. - 7:00 p.m. - East of SH 35 - Melvin Knapp Activity Bldg.,
2425 S. Grand, West of SH 35 - Jamison Middle School, 2506 Woody.
5:00 p.m. is deadline for receiving applications for late ballots to be voted by persons
who became ill or disabled on or after December 2nd or later. 7:00 p.m. is deadline for
receiving early ballots by mail and late ballots cast by ill or disabled voters.
December 12, 2005 -
OFFICIAL CANVASS BY CITY COUNCIL, 6:00 p.m. Mayor issues CERTIFICATES OF
ELECTION to persons elected andlor Runoff is called.
December 14, 2005 -
Due date for filing report of campaign contributions and expenditures for candidates
involved in a runoff election. 5:00 p.m.
January 14, 2006 -
Most logical date for Runoff Election January 14, 2006.
July 15, 2006 -
Due date for filing semiannual report of campaign contributions for all candidates. 5:00
p.m.
Due date for filing semiannual report of campaign contributions for all candidates. 5:00
p.m.
January 15, 2006 -