R2011-159 - 2011-12-12RESOLUTION NO. R2011-159
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, JANUARY 14,
2012, FOR THE PURPOSE OF ELECTING A COUNCILMEMBER TO
POSITION NO. FIVE (5) 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, January 14, 2012, 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;
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, January 14, 2012, 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. Voting precinct lines and locations are the same that were in effect for the
December 3, 2011 Special Election.
(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
Resolution No. R2011-159
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 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 (5) 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. 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 January 6, 2012.
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
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Resolution No. R2011-159
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 Five (5) 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 12th day of December, A.
D., 2011.
TOM REID
MAYOR
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Resolution No. R2011-159
APPROVED AS TO FORM:
NGHIEM V. DOAN
DEPUTY CITY ATTORNEY
"EXHIBIT A"
ELECTION DAY PRECINCTS AND POLLING PLACES
City of Pearland
Precinct No.
Location
46 Pearland Community Center, 3523
Liberty Dr., Pearland
59 Mary Marek Elementary School,
1947 Kirby, Pearland
64 Bailey Road Facility, 4717 Bailey
Rd., Pearland
76 Westside Event Center, 2150
Countryplace Pkwy., Pearland
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County Precincts voting
at this location
28, 46, 51, 61, 68, Harris
537, 654
50, 59, Harris 131, Ft Bend
1134
12, 26 36, 64, 67, 77
29, 60, 62, 63, 65, 76, Harris
630
Resolution No. R2011-159
EXHIBIT "B"
EARLY VOTING POLLING PLACES
City of City of Pearland, Texas
January 14, 2012 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:
Tuesday, January 3 — Friday, January 6 8:00 a.m. to 5:00 p.m.
Saturday, January 7 7:00 a.m. to 7:00 p.m.
Monday, January 9 — Tuesday, January 10 7:00 a.m. to 7:00 p.m.
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