Loading...
R2022-038 2022-02-14_NO ACTION TAKENRESOLUTION NO. R20 22-38 A Resolution of the City Council of the City of Pearland, Texas, providing that a Special Election be held on May 7, 2022, for the purpose of submitting to the qualified voters of the City one (1) proposed Proposition, stating the subject matter of the proposed proposition to be voted upon at said election, providing for joint elections on May 7, 2022, with other entities contracting with Brazori a 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 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 CIT Y OF PEARLAND CITY, TEXAS: Section 1. Call of Election; Date; Eligible Electors and Hours. (a) It is hereby ordered that a Special Election (the “Special 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 one (1) Proposition proposed by the Pearland City Council. Such proposed Proposition is attached hereto as Exhibit “A”. (b)The 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. 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 po lling 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 Con tract. (b) The electio n 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, No Action Taken - February 14, 2022 RESOLUTION NO. R20 22-38 2 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 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 770 02. 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 t he 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 Fo rt 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 Votin g 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: Elec tions Division, P.O. Box 1148, Houston, Texas 77251-1148; sent by common or contract carrier (personal delivery) to: Isa bel 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. RESOLUTION NO. R20 22-38 3 Section 7. Ballots. That the ballot of said Special Election shall conform to the requirements of the Texas Local Government Code, as such code may be amended, and the Texas Election Code, as such code may be amended, with the provision on such ballot allowing voters to vote “FOR” or “AGAINST” the proposition. Such proposition, lettered, in accordance with Section 52.095 of the Texas Election Code. 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 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 Election. At the Special Election, the Propo sition that receives a majority of all votes cast approving the particular Proposition shall be declared as approved and effective immediately establishing a Municipal Drainage Utility. 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 ha ve ad opted 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. RESOLUTION NO. R20 22-38 4 PASSED, APPROVED, ADOPTED and ORDERED this the 14th day of February, A. D., 2022. ___________________________ ATTEST: J. KEVIN COLE MAYOR _______________________________ CRYSTAL N. ROAN, TRMC, CMC CITY SECRETARY APPROVE D AS TO FORM: _______________________________ DARRIN M. COKER CITY ATTORNEY EXHIBIT A Proposed Measure: Authorizing establishment of a Municipal Drainage Utility in accordance with Chapter 552, Municipal Utilities, Subchapter C, of the Texas Local Government Code, to fund drainage system improvements using monthly drainage utility charges ("Fees") in the amount of $5 per month for all residential properties and $1.79 per 1,000 square foot of impervious coverage for all non-residential properties, subject to the following Conditions: a) 85% of all Fees shall be designated for capital drainage projects; b) Fees shall not be amended more often than once every 5 years; c) Fee increases shall be limited to the combined increases of a Consumer Price Index (CPI) for the previous 5 year period; and d) proposed amendments to the referenced Conditions shall be subject to voter approval.