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R2022-121 2022-05-16 Resolution No. R2022-121 A Resolution of the City Council of the City of Pearland, Texas, ordering the holding of a General Runoff Election to be held on Saturday, June 11, 2022, for the purpose of electing a Councilmember to Position Number Five (5). 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 Saturday, June 11, 2022, for the purpose of electing a Councilmember to Position Number Five (5) 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 Runoff Election”) be held in and throughout the City on Saturday, June 11, 2022, between the hours of 7:00 o’clock a.m. and 7:00 o’clock p.m. at which General Runoff Election all resident, qualified electors of the City shall be entitled to vote for Councilmember Position Number Five (5) 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 at any Vote Center within the City of Pearland. Section 2. Election Precincts; Polling Places; Election Officers. (a) The election precincts for the Election shall include the county election 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. The physical address of the Elections Administrator is Brazoria County East Annex Building, 1524 E. Mulberry, Suite 145, Angleton, Texas 77515. (c) In the event the Election Administrator or Mayor shall find that one or more of the polling places have become unavailable or unsuitable for use at the Elections or if any person or persons appointed herein do not appear or are unable to perform their duties, the Election DocuSign Envelope ID: AB79F583-53AA-44C1-9D5E-41DC9D278FA4 Administer or Mayor is hereby authorized to designate substitute polling places and appoint substitute personnel, giving such notice as they deems appropriate. Section 3. 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 Five (5). Section 4. 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 Runoff Election shall mark the ballot indicating such voter’s choice of candidate for Councilmember Position Number Five (5). Voting shall be conducted in accordance with the Texas Election Code. Section 5. Early Voting. Early voting by personal appearance shall be conducted at the polling places listed in Exhibit “B” to this Resolution. 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. The mailing address to which ballot applications and ballots voted by mail may be sent is as follows: Joyce Hudman, County Clerk, 111 East Locust, Suite 200, Angleton, Texas 77515-4654. Applications for ballots by mail may be received and no later than 5:00 p.m. on June 11, 2022. The County will appoint the Counting Station Judge, Tabulation Supervisor and 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. Section 6. Notice of Elections. Notice of the Elections, in English and Spanish, stating in substance the contents of this Resolution, shall be: (i) published one time in a newspaper of Special circulation within the City’s territory not earlier than the thirtieth (30th) day or later than the tenth (10th) day before the Election; (ii) posted on the bulletin board used by the Council to post notices of the Council’s meetings no later than the fifteenth (15th) day before the date of the Elections; and (iii) posted, not later than the fifteenth (15th) day before the date of the Elections, in three (3) public places within the City and at City Hall. Section 7. Declaring Results. City Council shall canvass the returns and declare the results of the Elections. At the General Runoff Election, the candidate for the office who has received a majority of all votes cast for each particular office shall be declared elected. Section 8. 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 f ormally DocuSign Envelope ID: AB79F583-53AA-44C1-9D5E-41DC9D278FA4 acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. 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 Elections returns by the City Council in accordance with state law. Section 10. Effective Date. This Resolution is effective immediately upon its passage and approval. PASSED, APPROVED, ADOPTED and ORDERED this 16th day of May A. D., 2022. ___________________________ J.Kevin Cole Mayor ATTEST: _______________________________ Leslie Crittenden City Secretary APPROVED AS TO FORM: _______________________________ Darrin M. Coker City Attorney DocuSign Envelope ID: AB79F583-53AA-44C1-9D5E-41DC9D278FA4 EXHIBIT A Brazoria County Election Day Vote Centers Westside Event Center 2150 Countryplace Pkwy. Pearland Tom Reid Library 3522 Liberty Dr. Pearland West Pearland Library 11801 Shadow Creek Pkwy Pearland DocuSign Envelope ID: AB79F583-53AA-44C1-9D5E-41DC9D278FA4 EXHIBIT B Early Voting by Personal Appearance Locations Pearland East Branch Location Tom Reid Library 3522 Liberty Drive Pearland West Branch Location Westside Event Center 2150 Countryplace Pkwy Pearland Shadow Creek Location West Pearland Library 11801 Shadow Creek Pkwy Personal Appearance Times and Dates for Above Locations Tuesday, May 31 – Friday, June 3……………………….……….…8:00 a.m. to 5:00 p.m. Saturday, June 4…………………………………………….….….….7:00 a.m. to 7:00 p.m. Monday, June 6 – Tuesday, June 7…………………….…………...7:00 a.m. to 7:00 p.m. DocuSign Envelope ID: AB79F583-53AA-44C1-9D5E-41DC9D278FA4