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R-2016-083 2016-05-16Resolution No. R2016-83 A Resolution and Order of the City Council of the City of Pearland, Texas, ordering the holding of a General Runoff Election to be held on Saturday, June 18, 2016, for the purpose of electing a Councilmember to Position Number Six (6) 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 Runoff Election to be held on Saturday. June 18, 2016, for the purpose of electing a Councilmember to Position Number Six (6) of the City Council: WHEREAS, the City Council wishes to proceed with the ordering of such General Runoff 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 Runoff Election (the "General Runoff Election") be held in and throughout the City on Saturday, June 18, 2016, between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m. at which General Runoff Election all resident, qualified electors of the City shall be entitled to vote for a Councilmember to Position Number Six (6). (b) The General Runoff 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 at any Vote Center within the City of Pearland. 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, Angleton, Texas 77515. The physical address of the Elections Administrator is Brazoria County East Annex Building. 1524 E. Mulberry, Suite 145, Angleton, Texas 77515. (d) In the event the Election Administrator or Mayor 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 or Mayor is hereby authorized to designate substitute polling places and appoint substitute personnel, giving such notice as they deems appropriate. Section 3. Ballots. The City Secretary and the Election Administrator are hereby authorized and directed to prepare the ballots for the General Runoff Election in accordance with the provisions of the Texas Election Code. The ballots to be used in the General Runoff Election shall have printed thereon the name of the candidates for Councilmember Position Number Six (6) 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 General Runoff Election shall mark the ballot indicating such voter's choice of candidate for Councilmember Position Number Six (6) 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 7, 2016. The County will appoint the Counting Station Judge, Tabulation Supervisor and 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 General Runoff 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 16th day of May, A. D., 2016. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Resolution No. R2016-83 EXHIBIT A Brazoria County Election Day Vote Centers Drainage District # 4 Building 4813 W. Broadway Pearland Turner High School 4717 Bailey Rd. Pearland Westside Event Center 2150 Countryplace Pkwy. Pearland Tom Reid (Pearland) Library 3522 Liberty Dr. Pearland Fellowship Bible Church 1720 E. Broadway Pearland Pearland Westside Library 2803 Business Center Dr. #101 Pearland On Election Day, the City will open the same Votes Centers as on May 7. 2016 with the exception of Silverlake Recreation Center which is outside the City limits and cannot be used for a City only election. Resolution No. R2016-83 EXHIBIT B EARLY VOTING BY PERSONAL APPEARANCE LOCATIONS: Pearland East Branch Location Tom Reid (Pearland) Library 3522 Liberty Drive, Pearland Pearland West Branch Location Westside Event Center 2150 Countryplace Pkwy., Pearland Pearland Shadow Creek Location Pearland Westside Library 2803 Business Center Drive #101, Pearland Personal Appearance Times and Dates for Above Locations: Monday, June 6 — Friday, June 10. 8:00 a.m. to 5:00 p.m. Saturday, June 11 7:00 a.m. to 7:00 p.m. Monday, June 13 — Tuesday, June 14 7:00 a.m. to 7:00 p.m. Resolution No. R2016-83 STATE OF TEXAS COUNTY OF BRAZORIA Personally appeared before the undersigned, a Notary Public within and for said County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly sworn, states under oath that the report of Public Notice of TEST ATE a true copy of which is hereto annexed was published in said newspapers in its issue(s) of May 26, 2016. ublisher's Representative Sworn toAadi subscribed before me this /5 f day of u h e , 2016. 'F / /<-- •tary ' ublic My commission expires on /--/8- Z o zU "•i" Lr'C:ILE GUERRA Nfr..taw .'uuI c• Stole of Texas Commission Expires '' ^riory 18, 2020 NOTICE OF GENERAL RUNOFF ELECTION (AVISO DE ELECCION GENERAL DECISIVA) To the Registered Voters of the County of Brazoria, Texas: (A los votantes registrados del Condado de Brazoria, Texas) Notice is hereby given that the polling places listed below will be open from 7:00 a.m. to 7:00 p.m. on June 18, 2016, for voting in a General Runoff Election to elect a City of Pearland Councilmember Position Number Six (6) for a Three -Year Term. (Notifiquese, por las presente, que las casillas electorates citadas abajo se abrirrn desde las 7.•00 a.m. hasta las 7:00 p.m. el 18 de junio de 2016 para votar en una Eleccibn General Decisiva para ele9ir a un Concejal para la ciudad de Pearland a la posicibn nrimero seis (6) por un plazo de tres (3) anos. A voter may vote at any of the locations listed below: (Los votantes podrrn votar en cualquiera de las ubicaciones nombradas abajo.) LOCATIONS OF ELECTION DAY POLLING PLACES (DIRECCIONESES DE LAS CASILLAS ELECTORALES EL DIA DE City/Area (Ciudad)Polling Place (Casilla electoral) Pearland Drainage District #4 Building, 4807 W. Broadway Pearland Fellowship Bible Church, 1720 E. Broadway Pearland Pearland Westside Library, 2803 Business Center Dr. #101 Pearland Tom Reid Library, 3522 Liberty Dr. Pearland Turner High School, 4717 Bailey Rd. Pearland Westside Event Center, 2150 Countryplace Pkwy. LOCATIONS OF EARLY VOTING POLLING PLACES: (DIRECCIONES DE LAS CASILLAS ELECTORALES DE VOTACION ADELANTADA:) Early voting by personal appearance will be conducted at: (La votaci6n adelantada en persona se Ilevarr a cabo en) Pearland East Tom Reid Library. 3522 Liberty Dr. Pearland West Westside Event Center, 2150 Countryplace Pkwy. Shadow Creek Pearland Westside Library, 2803 Business Center Dr. #101 Days and Hours of Operation: (Dias y Horas HJbiles) June 6-10 8 AM — 5 PM June 11 7 A — 7 PM June 13-14 7 A — 7 PM Applications for ballot by mail should be mailed to: (Las solicitudes para boletas que se votarrn en ausencia por correo deberrn enviarse a.) JOYCE HUDMAN, COUNTY CLERK 111 E. LOCUST, SUITE 200 ANGLETON, TX 77515-4654 Or emailed to CCIerkElections@brazoria-county.com (o enviado por correo electrdnico a CCIerkElections®brazoria-counry.com). Applications for voting by mail must be received no later than the close of business on June 7, 2016. (Las solicitudes para boletas de votacibn adelantada por correo deberrn recibirse para el fin de las horas de negocio el 7 de junto de 2016). Issued this the 16th day of May, 2016. (Emitida este dia 16 de mayo de 2016.) Tom Reid, Mayor, City of Pearland Resolution No. R2016-83 STATE OF TEXAS COUNTY OF BRAZORIA Personally appeared before the undersigned, a Notary Public within and for said County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly sworn, states under oath that the report of Public Notice of TEST ATE a true copy of which is hereto annexed was published in said newspapers in its issue(s) of May 26, 2016. Sworn to ,410 •tary ' ublic ublisher's Representative subscribed before me this /S 74 day of 1174t7 e , 2016. My commission expires on /-/8- Z o zo o,kt•• ••`:t,�-,= ! LLE 6UERRA --4,•••^= N.;tory tkrooc. State of Texas 1r4‘.Commission Expires ^nary 18. 2020 PUBLIC NOTICE OF TEST OF AUTOMATIC TABULATING EQUIPMENT Notice is hereby given that the automatic tabulating equipment that will be used for the Joint Local Election, to be held on June 18, 2016, will be tested on May 31, 2016, at 9:00 a.m. at the Brazoria County East Annex, 1524 E. Mulberry, Room 145, An- gleton, Texas to ascertain that it will accurately count the votes cast for all offices and on all measures. JOYCE HUDMAN, COUNTY CLERK BRAZORIA COUNTY, TEXAS AVISO PUBLICO DE PROBAR EL EQUIPO PARA TABULAR AUTOMATICAMENTE Por lo presente se da aviso que el equipo para tabular automati- camente que se usar3 en la Elecci6n Local Conjunto, se Ilevaran a cabo el 18 de junio de 2016, se probara el 31 de mayo de 2016 a las 9:00 por la manana en el Pabell6n Este del Condado de Brazoria, 1524 E. Mulberry, Cuarto 145, Angleton, Texas, para determinar si el equipo contara con exactitud los votos para to- dos los puestos oficiales y sobre todos los proyectos de ley. JOYCE HUDMAN, SECRETARIA DEL CONDADO CONDADO DE BRAZORIA, TEXAS