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R2011-121 - 2011-10-03RESOLUTION NO. R2011-121 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A SPECIAL ELECTION TO BE HELD ON SATURDAY, DECEMBER 3, 2011, FOR THE PURPOSE OF FILLING A VACANCY ON THE CITY COUNCIL, POSITION NUMBER FIVE (5), FOR AN UNEXPIRED TERM EXPIRING MAY 2013 IN AND FOR THE CITY OF PEARLAND, TEXAS. WHEREAS, pursuant to the Texas Constitution, Article XVI, Section 65(b), the resignation of elected city officers is required upon their candidacy for another office of trust if their term of office exceeds two (2) years and their remaining term is greater than one (1) year; and WHEREAS, a vacancy created as the result of the Texas Constitution, Article VXI, Section 65 (b), must be filled within 120 days from the day the vacancy was created; and WHEREAS, the City Charter of the City of Pearland and the laws of the State of Texas provide that the Election Code of the State of Texas is applicable to said Special Election, and in order to comply with said Code, an Order and/or Resolution should be passed ordering the call of said Special Election, establishing procedures to be followed in said election and to designate the voting places of said election; therefore, WHEREAS, the City Council (the "City Council") of the City of Pearland, Texas (the "City") is authorized and has determined to call a Special Election to be held on Saturday, December 3, 2011, for the purpose of electing a Councilmember to Position No. Five (5) 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; BE IT RESOLVED AND ORDERED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The Special Election of the City of Pearland, Texas, shall be held for the purpose of electing the following official for said City, to -wit: Resolution No. R2011-121 Fill a vacancy on the City Council, Position Number Five (5), for an unexpired term expiring May 2013. 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 on Saturday, December 3, 2011, 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. Five (5). (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 Rudman, 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 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. Five of the City Council. 2 Resolution No. R2011-121 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. Five (5) 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 and no later than 5:00 p.m. on June 12, 2011. 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 (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 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. Resolution No. R2011-121 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 3rd day of October, A. D., 2011. ATTEST: c �U1 TOM REID MAYOR APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 4 Resolution No. R2011-121 "EXHIBIT A" ELECTION DAY PRECINCTS AND POLLING PLACES City of Pearland Precinct No. 46 59 64 76 Location Pearland Community Center, 3523 Liberty Dr., Pearland Mary Marek Elementary School, 1947 Kirby, Pearland Bailey Road Facility, 4717 Bailey Rd., Pearland Westside Event Center, 2150 Countryplace Pkwy., Pearland 5 County Precincts voting at this location 28, 46, 51, 61, 68, Harris County 537, 654 50, 59, Harris County 131, Ft Bend County 1134 12, 26 36, 64, 67, 77 29, 58, 60, 62, 63, 65, 75, 76, Harris County 630 Resolution No. R2011-121 EXHIBIT "B" EARLY VOTING POLLING PLACES City of Pearland, Texas December 3, 2011 Special Election EARLY VOTING BY PERSONAL APPEARANCE LOCATIONS: East Pearland Branch Location: West Pearland Branch Location: Justice Of The Peace, Pct. 3, PI. 2 Courtroom 2436 S. Grand Blvd. Pearland, Texas Westside Event Center 2150 Countryplace Pkwy. Pearland, Texas PERSONAL APPEARANCE TIMES AND DATES FOR ABOVE LOCATIONS: Monday, November 21 — Wednesday, November 23: 8:00 a.m. to 5:00 p.m. Thursday, November 24, —Thanksgiving Holiday Closed Friday, November 25, — Thanksgiving Holiday Closed Monday, November 28 — Tuesday, November 29: 7:00 a.m. to 7:00 p.m. 6 CITY OF PEARLAND SPECIAL ELECTION CALENDAR DECEMBER 3, 2011 October 4, 2011 — First day for candidates to file application for place on the ballot. November 2, 2011 — Last day for candidates to file application for place on the ballot. 5:00 p.m. November 2, 2011 — City Secretary conducts drawing for order of names on ballot City Secretary conducts drawing for order of names on ballot at City Hall on the First Floor at 6:00 p.m. November 3, 2011 — Last day to register to vote in the December 3, 2011 Special Election. November 3, 2011 — Due date for filing first report 30th day before election report of campaign contributions and expenditures. 5:00 p.m. November 21, 2011 — 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, November 21 —Wednesday, November 23 8:00 a.m. to 5:00 p.m. Thursday, November 24—Thanksgiving Holiday Closed Friday, November 25—Thanksgiving Holiday Closed Monday, November 28 —Tuesday, November 29 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 earlier than October 4, 2011 and no later than the close of business (5:00 p.m.)on November 25, 2011. 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. November 25, 2011 — Last day for Brazoria County to receive applications by mail for early voting ballots to be voted by mail. November 25, 2011 — Due date for filing second report 8th day before election report of campaign contributions and expenditures. 5:00 p.m. November 29, 2011 — Last day for Regular Early Voting by personal appearance. 1 DECEMBER 3, 2011 - ELECTION DAY - 7:00 a.m. - 7:00 p.m. POSSIBLE VOTING LOCATIONS FOR DECEMBER 3, 2011 City of Pearland County Precincts voting Precinct No. Location at this location 46 Pearland Community Center Brazoria County Precincts 3523 Liberty Drive 28,46,51,61,68 plus Harris County Pearland, Texas Precincts 537 &654 59 Mary Burks Marek Elementary School Brazoria County Precinct 50 & 59 1947 Kirby plus Fort Bend County Precinct Pearland, Texas 1134 & Harris County Precinct 131 64 Bailey Road Facility Brazoria County Precincts 12, 26, 4717 Bailey Road 36, 36, 64, 67, & 77 Pearland, Texas 76 Westside Event Center Brazoria County Precincts 29, 58, 2150 Countryplace Pkwy. 60,62, 63, 65, 75 & 76 plus Harris Pearland, Texas County Precinct 630 December 12, 2011 — OFFICIAL CANVASS BY CITY COUNCIL, 6:00 p.m. Mayor issues CERTIFICATES OF ELECTION to person elected and/or Runoff is called. January 14, 2012— Most logical date for Runoff Election December 3, 2011. January 15, 2012— Due date for filing semiannual report of campaign contributions for all candidates and officeholders. 5:00 p.m. July 15, 2012— Due date for filing semiannual report of campaign contributions for all candidates and officeholders. 5:00 p.m. 2 SAM HOUSTON TOL WAY/BELTWA 8 IEarly Voting And Election Day 76, t Votacion Temprani y Dia de Eleccion stside Event Center 2150 Countryplace Pkwy. FM 2234 3333333�1 Harris Election Day 59 Da do Eleccion Mary Burks fvlarek Elementary School Mary Burks Marek Escuela Pnmana 1947 Kirby AOOJCREEK PKWY '•'h t>1wit: ease. OK I ,y.._.., 1 MAGN Car Aar* lvin7a4 hAILEY ' 15 4 tlry• I^ ,., SAM HOUSTON TOLLWAY/BELTWAY18 MCHAR0 RD ORANGE ST Early Voting Notation Ternprana Justice of the Peace Office Election Day 64 Dia de Election Bailey Road Facility Bailey Road Edificio 4717 Baile Road 654 Harris Election Day 46 Da de Eleccion �*IPeariand Community Cente 11•+* Pearland Centro Social 3523 Libert Dr. CITY OF PEARLAND Special Election Election Day & Early Voting Locations Shadow Creek Ranch visitor center Pearland Community Center Bailey Road Facility Vlkstside Event Center CityLimits In al Ow* 4 INN$ This produd is kr Infamaronat nu poses and may not have been prepared for a be sutablo for legal, engeieerng. a sunre)ing purposes. It d:>es not *present an on -the -ground survey aid *presents only the approximate re4drve location or property boundaries Man Prepared September 2011