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HomeMy WebLinkAboutR2025-026 20250210-English RESOLUTION NO. R2025-26 A Resolution of the City Council of the City of Pearland, Texas, ordering a General Election to be held on the 3rd day of May 2025 establishing the procedure; and providing for other related matters related thereto. Whereas, Section 41.001 of the Texas Election Code, as amended (hereinafter referred to as the “Code”) establishes May 3, 2025 as a “uniform election date” for the purposes of conducting an election; and Whereas, the City of Pearland, Texas (hereinafter the “City”), wishes to order a general election for the purpose of electing three (3) Councilmembers by position, from the City at large, for Councilmember, Position one (1); Councilmember Position five (5); and Councilmember, Position six (6), for a term of three (3) years; and Whereas, the Pearland City Council wishes to proceed with the ordering of such election and the City Council has determined that holding such election is in the public interest; and Whereas, the laws of the State of Texas further provide that the Texas Election Code ("Code") is applicable to all general municipal elections and in order to comply with said Code, a resolution should be passed establishing the procedures to be followed for the May 3, 2025, election; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. General Election Ordered. In accordance with the Charter of the City of Pearland and the laws and the Constitution of the State of Texas, a General Municipal Election is hereby ordered to be held in and throughout the City of Pearland on May 3, 2025 between the hours of 7:00 a.m. - 7:00 p.m. at which General Election all qualified voters of the City of Pearland, Texas (the "City") may vote for the purpose of electing the following officials of the City: Councilmember, Position one (1); Councilmember Position five (5); and Councilmember, Position six (6). Section 2. Placement on Official Ballot. That any eligible and qualified person may have his/her name printed upon the official ballot as an independent candidate for the office of Councilmember by filing a sworn application with the City Secretary of the City of Pearland, no later than 5:00 p.m., February 14, 2025. Candidates shall file their applications with the City Secretary on any weekday that is not a City holiday, between 8:00 a.m. - 5:00 p.m., Monday through Friday. The form of the sworn application for the candidates for the office of Councilmember shall be as set forth by Section 141.031 of the Texas Election Code. Section 3. Drawing. The order in which the names of the candidates for each office are to be printed on the ballot shall be determined by a drawing conducted by the City Secretary as provided by the Texas Election Code. Such drawing will be held in the City Secretary’s Office at City Hall on Friday, February 21, 2025 at 10:00 a.m. for the general election. Section 4. Joint Election. That the general election called in Section 1 hereof shall be held as a joint election and authorize the City Secretary to execute a contract with Brazoria County to conduct the election. Docusign Envelope ID: 855D2A85-31F4-4B02-BEF2-ECA6BDF8225F Section 5. Polling Locations. That the City shall use the polling places along with election officials for the general election ordered in Section hereof as designated by Brazoria County. Section 6. Early Voting. Each qualified voter who desires to cast an early vote shall be entitled to an official ballot and the right to cast such ballot in accordance with the provisions of the Texas Election Code. Early voting will be conducted by the Early Voting Clerks at the places designated by Brazoria County as described in “Exhibit A”. The location of the main early voting polling place for each county is as follows: Brazoria County East Annex 1524 E Mulberry Angleton, TX 77515 Early voting by personal appearance shall commence on April 22, 2025 and end on April 29, 2025 in accordance with the schedules adopted by Brazoria County. Applications for a ballot to be voted on by mail should be mailed as follows: By Regular Mail By Fax By Common or Contract Carrier Joyce Hudman County Clerk 111 E Locust Ste 200 Angleton, TX 77515 979-864-1011 Joyce Hudman County Clerk 111 East Locust, Suite 200 Angleton, Texas 77515-4654 By email: ABBM@brazoriacountytx.gov Phone No.: 979-864-1662, 281-756-1662 or 979-388-1662 Website: https://www.brazoriacountyclerktx.gov/departments/elections/vote-by-mail If an application is sent to the early voting clerk by fax or email, the original application must still be mailed, and received by the early voting clerk no later than the 4th business day after receiving the emailed or faxed ABBM or faxed FPCA, to the address shown above for Regular Mail. The last day to submit an application for a ballot to the respective Early Voting Clerk to be voted by mail is April 22, 2025 (received, not postmarked). Section 7. Election Polling Places and Voting Hours on Election Day. The election precincts for the General Election are the Brazoria County Vote Centers as described in “Exhibit B” or at such other locations as hereafter may be designated by the Administrator. On Election Day the polls shall be open from 7:00 a.m. - 7:00 p.m. Section 8. Central Counting Stations. The Central Counting Stations to receive and tabulate voted ballots shall be located at the Brazoria County East Annex, 1524 E Mulberry, Angleton, TX 77515. Section 9. Election Notice. The general election shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. In the general election, the Mayor and the City Secretary of the City of Pearland shall do and perform each act as required to be done and performed respectively by the County Judge and the County Clerk of the Commissioners' Court. The notice of the general election shall be given by posting a substantial copy of this election resolution at City Hall not later than the 21st day prior to the date set for the election; and a substantial copy of this election resolution also shall be published at least once in a newspaper of general circulation published in the City, the date of the first publication to be not Docusign Envelope ID: 855D2A85-31F4-4B02-BEF2-ECA6BDF8225F more than 30 days and not less than 10 days prior to the date set for the general election. Notice of the general election shall also be provided to the Brazoria County Clerk not later than the 60th day before the date of the election ordered herein. Section 10. Determination of Ballots for General Election. The candidates receiving a majority of votes for the position to be filled at such election shall be declared elected. Section 11. Further Action. The City Secretary is further authorized to give or cause to be given notices required for the general election, and to take such other and further action as is required to conduct such election in compliance with the Texas Election Code. Section 12. Compliance with Law. In all matters relating to the ordering, giving notice, and holding the general election, the City shall comply with the applicable parts of the Texas Election Code, including Chapter 272 of the Texas Election Code pertaining to bilingual requirements, and the Federal Voting Rights Act of 1965, as amended. Section 13. Open Meetings Act. 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 14. This Resolution is effective immediately upon its passage and approval. PASSED, APPROVED and ADOPTED this the 10th day of February, A.D., 2025. _____________________________ J.KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ______________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 855D2A85-31F4-4B02-BEF2-ECA6BDF8225F “Exhibit A” Docusign Envelope ID: 855D2A85-31F4-4B02-BEF2-ECA6BDF8225F “Exhibit B” Docusign Envelope ID: 855D2A85-31F4-4B02-BEF2-ECA6BDF8225F