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R2009-021 - 2009-02-09RESOLUTION NO. R2009-21 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A GENERAL ELECTION TO BE HELD ON SATURDAY, MAY 9, 2009, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS POSITION NO. 2 AND POSITION N0.4 OF THE CITY OF PEARLAND CITY COUNCIL. WHEREAS, the City Council (the "City Council") of the City of Pearland, Texas (the "City") is authorized and has determined to call a General Election to be held on May 9, 2009 for the purpose of electing Councilmembers Position No. 2 and Position No. 4 of the City Council; WHEREAS, the City Council wishes to proceed with the ordering of such General 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 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 on Saturday, May 9, 2009, between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m. at which General Election all resident, qualified electors of the City shall be entitled to vote for Councilmembers Position No. 2 and Position No. 4 of the City Council. (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 Precincts; Polling Places; Election Officers. (a) The election precincts for the Election shall include the county election precincts and such 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 Resolution No. R2009-21 for Elections Administrator, Joyce Hudman, County Clerk, 111 East Locust, Suite 200, Angleton, Texas 77515-4654. 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 shall find that one or more of the polling places listed on Exhibit "A" 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, and is hereby authorized to designate substitute polling places and appoint substitute personnel, giving such notice as he deems appropriate. Section 3. Candidates in General Election. Persons desiring to become candidates for Councilmembers Position No. 2 and Position No. 4 of the City Council in the General Election shall, not later than the March 9, 2009 at 5:00 p.m. file their written applications for candidacy for office with the City Secretary, Pearland City Hall, 3519 Liberty Drive, Pearland, Texas 77581, pursuant to the provisions of Chapter 143, Texas Election Code, as amended. Each candidate must specify in each instance the City Council Position for which the applicant is filing and no candidate may file for more than one City Council position to be filled at the General Election. Candidates must be a resident of the City and must be a qualified voter and otherwise qualified to hold the position of a member of the City Council under Texas law. Section 4. Ballots. The City Secretary and the Election Administrator are hereby authorized and directed to prepare the ballots for the General Election in accordance with the provisions of the Texas Election Code. The ballots to be used in the General Election shall have printed thereon the names of the candidates for Councilmembers Position No. 2 and Position No. 4 of the City Council. Section 5. 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 Election shall mark the ballot indicating such voter's choice of candidate for Councilmembers Position No. 2 and Position No. 4 of the City Council. Voting shall be conducted in accordance with the Texas Election Code. Section 6. Early Voting. Early voting by personal appearance shall be conducted at the dates, times and polling places listed in Exhibit "B" to this Resolution. The City Council hereby establishes Brazoria County Courthouse East Annex, 1524 E. Mulberry, Room 144, Angleton, Texas 77515 as the main early voting polling place at which early voting by personal appearance shall be conducted. 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 2 Resolution No. R2009-21 is as follows: Joyce Hudman, County Clerk, 111 East Locust, Suite 200, Angleton, Texas 77515-4654. Applications for ballots by mail may be received no earlier than March 10, 2009 and no later than 5:00 p.m. on May 1, 2009. The Council hereby appoints the Counting Station Judge or Alternate as 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 7. 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 general circulation within the City's territory not earlier than the thirtieth (30th) day or later than the tenth (10th) 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; and (iii) posted, not later than the twenty-first (21St) day before the date of the Elections, in three (3) public places within the City and at City Hall. Section 8. 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. A runoff election shall be ordered by the Mayor of the City 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 General Election laws of the State of Texas and the Charter of the City. 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. The City Secretary shall give notice of such runoff election by causing said notice to be published in accordance with Texas Election Laws. Section 9. 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 formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Resolution No. R2009-21 Section 10. Authority of the Mayor. The Mayor shall have the authority to take, or cause to be taken, all actions reasonable and necessary to insure 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 11. Effective Date. This Resolution is effective immediately upon its passage and approval. PASSED, APPROVED, ADOPTED and ORDERED this the 9th day of February, A. D., 2009. TOM REID MAYOR ATTEST: ~„ ., ,,,~ ~ARLq,yp., o4Q YO G L NG, T C =~-: ~ CI SEC ETARY `~ ` ., .. APPROVED AS TO FORM: ~ ' C~--~ ro.....~ DARRIN M. COKER CITY ATTORNEY 4 Resolution No. R2009-21 EXHIBIT "A" City of Pearland PRECINCTS AND POLLING PLACES Precinct No. Location 26 Lawhon Elementary School 5810 Brookside Pearland, Texas 46 Knapp Activity Center 2424 S. Park Ave Pearland, Texas 59 63 64 Nolan Ryan Jr. High School 11500 Shadow Creek Parkway Pearland, Texas Silverlake Recreation Center 2715 Southwyck Pkwy. Pearland, Texas Dawson High School (Bailey Rd.) 4717 Bailey Road Pearland, Texas 77581 County Precincts voting at this location Brazoria County Precincts 12, 26 Brazoria County Precincts 28, 46,51,61,68& Harris County Precincts 537 & 654 Brazoria County Precinct 59 Harris County Precincts 131 & Fort Bend County Precinct 1134 Brazoria County Precincts 29, 58, 60, 63, 65, 75, 76 Harris County Precinct 630 Brazoria County Precincts 36, 47, 62, 64, 67, 77 5 Resolution No. R2009-21 EXHIBIT "B" EARLY VOTING POLLING PLACES City of City of Pearland, Texas May 9, 2009 General Election EARLY VOTING BY PERSONAL APPEARANCE LOCATIONS: Angleton Main Location: Brazoria County Courthouse East Annex 1524 E. Mulberry, Room 144 Angleton Texas Alvin Branch Location: Alvin Library 105 S. Gordon St. Alvin, Texas Brazoria Branch Location: Precinct 4 County Barn 1001 Market St. Brazoria, Texas Clute/Lake Jackson Branch Location: Brazosport College 500 College Drive Lake Jackson, Texas Freeport Branch Location: Velasco Community House 110 Skinner Rd. Freeport, Texas Manvel Branch Location: Brazoria County Courthouse North Annex 7313 Corporate Dr. Manvel, Texas East Pearland Branch Location: Justice Of The Peace, Pct. 3, PI. 2 Courtroom 2436 S. Grand Blvd. Pearland, Texas West Pearland Branch Location: Westside Event Center 2150 Countryplace Pkwy. Pearland, Texas Sweeny Branch Location: Sweeny Community Center 205 W. Ashley Wilson Rd. Sweeny, Texas West Columbia Branch Location: West Columbia City Hall 512 E. Brazos West Columbia, Texas PERSONAL APPEARANCE TIMES AND DATES FOR ABOVE LOCATIONS: Monday, April 27 -Friday, May 1: 8:00 a.m. to 5:00 p.m. Saturday, May 2: 7:00 a.m. to 7:00 p.m. Monday, May 4 -Tuesday, May 5: 7:00 a.m. to 7:00 p.m. 6