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R2022-022 2022-01-24RESOLUTION NO. R2022-22 A Resolution of the City Council of the City of Pearland, Texas, providing that a General Municipal Election be held on May 7, 2022, for the purpose of electing three (3) Councilmembers, providing for joint elections on May 7, 2022, with other entities contracting with Brazoria County, Fort Bend County and Harris 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 wishes to proceed with the ordering of such General 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 Election (the “General Election”) be held in and throughout the City of Pearland on Saturday, May 7, 2022, at which time all resident, qualified electors of the City shall be entitled to vote for Councilmember Position Number One (1), Councilmember Position Number Five (5), and Councilmember Position Number Six (6) of the City Council for three (3) full year terms. (b) The General 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 countywide polling places set forth in the Brazoria County Joint Election Agreement and Contract. The polling places 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. The polling places for voting on Election Day for each City election precinct located in Fort Bend County shall be at the locations designated by Fort Bend County as countywide polling places set forth in the Fort Bend County Joint Election Agreement and Contract. The polling places may be modified to include additional or different locations designated by the Fort Bend County Elections Administrator and to conform to the Fort Bend County Joint Election Agreement and Contract. The polling places for voting on Election Day for each City election precinct located in Harris County shall be at the locations designated by Harris County as the countywide polling places set forth in the Harris County Joint Election Agreement and Contract. The polling places may be modified to include additional or different locations designated by the Harris County Elections Administrator and to conform to the Harris 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; Fort Bend County, Texas; and Harris County, Texas; and such officials shall conduct the City’s Election in accordance with a Joint Elections Agreement and Contract for Election Services (the “Election Contracts”) between Brazoria County, Texas; Fort Bend County, Texas; Harris 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 Joyce Hudman, Brazoria County Elections Clerk, 111 East Locust, Suite 200, Angleton, Texas 77515- 4654; Fort Bend County Elections Administrator, John Oldham, 4520 Reading Road, Rosenberg, Texas 77471; Harris County Elections Administrator, Isabel Longoria, Attention: Elections Division, P.O. Box DocuSign Envelope ID: 92DC8EAF-DD7A-41CA-9152-18E3E94D6D7D 1148, Houston, Texas 77002. The physical address of the Brazoria County Elections Clerk is Brazoria County East Annex, 1524 E. Mulberry, Room 144, Angleton, Texas 77515; Fort Bend County Elections Administrator is 4520 Reading Road, Suite A-400, Rosenberg, Texas 77471; and Harris County Elections Administrator, 1001 Preston Street, 4th Floor, Houston, Texas 77002. Section 3. Election Day schedule. Each polling place on Election Day shall be open from 7:00 a.m. to 7:00 p.m. 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 the Brazoria County Joint Election Agreement and Contract. The polling places 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. Early voting by personal appearance for each City election precinct located in Fort Bend County shall be at the locations, dates, and times as set forth in the Fort Bend County Joint Election Agreement and Contract. The polling places may be modified to include additional or different early voting locations, dates, and times designated by the Fort Bend County Elections Administrator and to conform to the Fort Bend County Joint Election Agreement and Contract. Early voting by personal appearance for each City election precinct located in Harris County shall be at the locations, dates, and times as set forth in the Harris County Joint Election Agreement and Contract. The polling places may be modified to include additional or different early voting locations, dates, and times designated by the Harris County Elections Administrator and to conform to the Harris 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. The Fort Bend County Elections Administrator is hereby designated as the Early Voting Clerk for each City election precinct located in Fort Bend County. An application for a voting ballot to be voted by mail for each City election precinct located in Fort Bend County shall be mailed to: Fort Bend County Elections Administrator, 301 Jackson Street, Richmond, Texas 77469; personally delivered to: 4520 Reading Road, Suite A-400, Rosenberg, Texas 77471; faxed to: 281-341-4418 or emailed to: vote@fortbendcountytx.gov. The Harris County Elections Administrator is hereby designated as the Early Voting Clerk for each City election precinct located in Harris County. An application for a voting ballot to be voted by mail for each City election precinct located in Harris County shall be mailed by regular mail to: Isabel Longoria, Harris County Elections Administrator, Attn: Elections Division, P.O. Box 1148, Houston, Texas 77251-1148; sent by common or contract carrier (personal delivery) to: Isabel Longoria, Harris County Elections Administrator, 1001 Preston, 4th Floor, Houston, Texas 77002; faxed to: 713-755-4983 or 713-437-8683; or emailed to: vbm@harrisvotes.com. An application for a voting ballot to be voted by mail, must be received no later than Thursday, April 7, 2022. 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 the polling places on the City’s internet website. Section 7. Ballots. That the ballot of said General Election shall conform to the requirements of the Texas Local Government Code, as such code may be amended, and the Texas Election Code. DocuSign Envelope ID: 92DC8EAF-DD7A-41CA-9152-18E3E94D6D7D 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, except in Harris County, the Notice of the Elections shall be printed in English, Spanish, Chinese, and Vietnamese, stating in substance the contents of this Resolution, shall be: (i) published for one week, with the 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. 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 City Secretary shall give notice of such runoff election by causing said notice to be published in accordance with Texas Election Laws. 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. 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. 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 ensure 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 Passag e and approval. DocuSign Envelope ID: 92DC8EAF-DD7A-41CA-9152-18E3E94D6D7D PASSED, APPROVED, ADOPTED and ORDERED this the 24th day of January, A. D., 2022. ___________________________ J.KEVIN COLE MAYOR ATTEST: _______________________________ CRYSTAL N. ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: _______________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 92DC8EAF-DD7A-41CA-9152-18E3E94D6D7D