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R2009-089 - 2009-05-18RESOLUTION NO. R2009-89 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A SPECIAL RUNOFF ELECTION TO BE HELD ON SATURDAY, JUNE 20, 2009, FOR THE PURPOSE OF ELECTING A COUNCILMEMBER TO POSITION NO. 2 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 Special Runoff Election to be held on Saturday, June 20, 2009, for the purpose of electing a Councilmember to Position No. 2 of the City Council; 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 CITY OF PEARLAND CITY, TEXAS: Section 1. Call of Election; Date; Eligible Electors and Hours. (a) It is hereby ordered that a Special Runoff Election (the "Special Election") be held in and throughout the City on Saturday, June, 20 2009, between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m. at which Special Election all resident, qualified electors of the City shall be entitled to vote for a Councilmember to Position No. 2. (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 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, Resolution No. R2009-89 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, the Election Administer is hereby authorized to designate substitute polling places and appoint substitute personnel, giving such notice as he deems appropriate. Section 3. Ballots. The City Secretary and the Election Administrator are hereby authorized and directed to prepare the ballots for the Special Election in accordance with the provisions of the Texas Election Code. The ballots to be used in the Special Election shall have printed thereon the name of the candidates for Councilmembers Position No. 2 of the City Council. 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 Special Election shall mark the ballot indicating such voter's choice of candidate for Councilmember Position No. 2 of the City Council. 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 dates, times and 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 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 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 (30t") day or later than the tenth (10t") 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 (15t") day before the date of the Elections; and (iii) posted, not later than the 2 Resolution No. R2009-89 EXHIBIT "A" City of Pearland PRECINCTS AND POLLING PLACES Precinct No. Location 29 Challenger Elementary School 9434 Hughes Ranch Road Pearland, Texas 46 Knapp Activity Center 2424 S. Park Ave Pearland, Texas 59 64 Nolan Ryan Jr. High School 11500 Shadow Creek Parkway Pearland, Texas Bailey Road Campus (Previously) Dawson High School 4717 Bailey Road Pearland, Texas 77581 County Precincts voting At this location Brazoria County Precincts 12 26, 29, 58, 60, 63, 65, 75, 76 Harris County 630 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 36, 47, 62, 64, 67, 77 4 Resolution No. R2009-89 EXHIBIT "B" EARLY VOTING POLLING PLACES City of City of Pearland, Texas June 20, 2009 Special Election EARLY VOTING BY PERSONAL APPEARANCE LOCATIONS: 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 PERSONAL APPEARANCE TIMES AND DATES FOR ABOVE LOCATIONS: Monday, June 8 -Friday, June 12: 8:00 a.m. to 5:00 p.m. Saturday, June 13: 7:00 a.m. to 7:00 p.m. Monday, June 15 -Tuesday, June 16: 7:00 a.m. to 7:00 p.m. 5 Resolution No. R2009-89 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 Special 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 formally 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 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 10. Effective Date. This Resolution is effective immediately upon its passage and approval. PASSED, APPROVED, ADOPTED and ORDERED this the 18th day of May, iH. D., 2009. ATTEST: YO GLO I ,T C CI SECR TARY d TOM REID MAYOR APPROVED AS TO FORM: ~`~,~"~ DARRIN M. COKER CITY ATTORNEY r =- f ate ' ~a ,,-, �t—r " y E d',i° ' „.' , — y„ - .:L "ssw' P 4 F Sie yr' V �F , - a. � ' r � -pea s� -" x i a - .-: -.,---. A,v;-":--ii.,42,,• ".:-A-f,f7;:,--6.-..,,..1,-,_4,-;:,,4'---4,47,,,.:_:=,,,i fyi,,,,,-,:,"______:„.„,---r_TItl,:,,,..L---; ...7,,,--,-_,,...,_.. . . .....,..--Ta-,7_7„., l s DI ,., ie I ,. TO: Young Leming, City'Secretary Certification of Runoff Candidates hereby certify that the office title and names of.candidates:to be_ e placed on the ballot for the runoff election to be held,on Saturday, June 20, 2009 Councilmember, Position No 2 Scott Sherman Ben Carranza bated this 13th day'of May, 2009, vYt✓ . Tom Reid, Mayor 3519;LIBERT Y DRIVE•PEARLAND,TEXAS:775815 16 281 65216(IO.•www ci pearlarid tx.us . - .•Winfed en.ReryCed Paper CITY OF PEARLAND SPECIAL RUNOFF ELECTION CALENDAR JUNE 20, 2009 May 18, 2009— Call Runoff Election. May 18, 2009— City Secretary conducts drawing for order of names on the ballot at City Hall, 3519 Liberty Drive, Pearland, Texas at 6:30 p.m. June 8, 2009— First day for Early Voting by personal appearance. EARLY VOTING BY PERSONAL APPEARANCE LOCATIONS: EAST PEARLAND BRANCH LOCATION: JUSTICE OF THE PEACE, PCT. 3, PL. 2 COURTROOM 2436 S. GRAND BLVD., PEARLAND, TX WEST PEARLAND BRANCH LOCATION: WESTSIDE EVENT CENTER 2150 COUNTRYPLACE PKWY, PEARLAND, TX PERSONAL APPEARANCE TIMES AND DATES FOR ABOVE LOCATIONS: Monday, June 8— Friday, June 12 8:00 a.m.to 5:00 p.m. Saturday, June 13 7:00 a.m. to 7:00 p.m. Monday, June 15—Tuesday, June 16 7:00 a.m. to 7:00 p.m. EARLY VOTING BY MAIL: Applications for voting by mail should be mailed to be received no later than the close of business(5:00 p.m.)on June 12,2009. • Applications should be mailed to: JOYCE HUDMAN,COUNTY CLERK 111 E. LOCUST,SUITE 200 ANGLETON,TX 77515-4654 REASONS FOR BEING QUALIFIED TO VOTE BY MAIL ARE: 65 years of age or older; Confinement in jail; Disability; Absence from the county on Election Day and absence during the Early Voting period. June 12, 2009— Last day for Brazoria County to receive applications by mail for early voting ballots to be voted by mail. June 10, 2009— Due date for filing Runoff Report 10th day before election report of campaign contributions and expenditures. 5:00 p.m. June 16, 2009— Last day for Regular Early Voting by personal appearance. JUNE 20, 2009 — RUNOFF ELECTION DAY - 7:00 a.m. - 7:00 p.m. POSSIBLE VOTING LOCATIONS FOR MAY COUNTYWIDE ELECTION PRECINCT NO. LOCATION PCTS. VOTING AT THIS LOCATION 29 Challenger Elem. School 12, 26, 29, 58, 60, 63, 9434 Hughes Ranch Road 65, 75, 76 Pearland, Tx Harris County 630 46 Knapp Activity Center 28, 46, 51, 61, 68 2424 S. Park Ave Harris County 537 & Pearland, Tx 654 1 PRECINCT NO. LOCATION PCTS. VOTING AT THIS LOCATION 59 Nolan Ryan Jr. High School 59 11500 Shadow Creek Parkway Harris County 131 Pearland, Tx Ft. Bend 1134 64 Bailey Road Campus (Previously)Dawson High School 36, 47, 62, 64, 67, 77 4717 Bailey Road Pearland, Texas June 29, 2009— OFFICIAL CANVASS BY CITY COUNCIL, 6:00 p.m. Mayor issues CERTIFICATE OF ELECTION to person elected. July 15, 2009— Due date for filing semiannual report of campaign contributions for all candidates. 5:00 p.m. January 15, 2010— Due date for filing semiannual report of campaign contributions for all candidates. 5:00 p.m. •