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R-2016-142 2016-08-22Resolution No. R2016-142 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 Tuesday, November 8, 2016, for the legal sale of all alcoholic beverages for off - premise consumption only. 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 Tuesday, November 8, 2016, for the legal sale of all alcoholic beverages for off -premise consumption only; 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 Election (the "Special Election") be held in and throughout the City on Tuesday, November 8, 2016, 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 the legal sale of all alcoholic beverages for off -premise consumption only. (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 at any Vote Center within the City of Pearland and Brazoria County. 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 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 for or against the legal sale of all alcoholic beverages for off -premise consumption only. 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 for or against the legal sale of all alcoholic beverages for off -premise consumption only. 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 October 28, 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 (30�) day or later than the tenth (10'h) 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 (151h) day before the date of the Elections; and (iii) posted, not later than the fifteenth (15') 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 Election. At the Special Election, the measure receiving a majority of all votes cast For or Against will determine the legalization of the legal sale of all alcoholic beverages for off -premise consumption only. 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 22ntl day of August, A. D., 2016. PIZ, TOM REID MAYOR ATTEST: Y NG LO I , T C Cl SEC ARY`. ,'���'�nuun�`�S`• APPROVED AS TO FORM: (� DARRIN M. COKER CITY ATTORNEY Resolution No. R2016-142 Exhibit "A" EXHIBIT "A" ELECTION DAY VOTE CENTERS AND POLLING PLACES 7:00 A.M. — 7.00 P.M. Locations of Election Day Polling Places — Include Name of Building and Address Home Precinct No. East Annex (Old Walmart Building), 1524 E Mulberry, Angleton 1 Precinct 4 Building, 121 N 10th St, West Columbia 2 - -Ryan Ryan Center, 2925 South Bypass 35, Alvin 3 American Legion Hall, 203 E San Bernard, Brazoria 4 Liverpool City Hall, 8901 CR 171, Liverpool 6 Freeport Library, 410 Brazosport Blvd, Freeport 7 Oyster Creek City Hall, 3210 FM 523, Oyster Creek 8 Bonney Annex Building, 19025 FM 521, Bonney 9 Damon Elementary School, 1211 Mulcahy, Damon 10 Drainage District #4 Building, 4813 W Broadway, Pearland 12 Turner High School, 4717 Bailey Rd, Pearland 13 Sweeny Community Center, 205 W Ashley Wilson Rd, Sweeny 14 Danbury Community Center, 6115 5th St, Danbury 15 Joe's Banquet Center, 1400 E. Hwy 6, Alvin 16 St Mary Star of the Sea Catholic Church, 1019 W 6th St, Freeport 17 Clute City Hall, 108 E Main, Clute 19 Jones Creek Community House, 7207 Stephen F Austin Rd, Jones Creek 20 Sandy Point Bible Church, 119 CR 42, Sandy Point 21 Lake Jackson Civic Center, 333 Hwy 332 East, Lake Jackson 23 Richwood City Hall, 1800 N Brazosport Blvd, Richwood 24 Hillcrest Village Municipal Building, 200_W Timberlane, Alvin 25 Pearland Church of Christ Annex, 2217 N Grand Blvd, Pearland 28 Westside Event Center, 2150 Countryplace Pkwy, Pearland 29 Mims Community Center, 4283 FM 521, Brazoria 33 Surfside'Beach City Hall, 1304 Monument Dr, Surfside Beach 38 Alvin Library, 105 S Gordon, Alvin 39 North Annex, 7313 Corporate Dr, Manvel 40 St Michael's Catholic Church, 100 Oak Drive South, Lake Jackson 43 Silverlake Recreation Center, 2715 Southwyck Pkwy, Pearland 44-A Southwyck Golf Club, 2901 Clubhouse Dr, Pearland 44-B Tom Reid Library, 3522 Liberty Dr, Pearland 46 Columbia Lakes Conference Hall, 188 Freeman Blvd, West Columbia 49 Shadycrest Baptist Church, 3017 Yost Blvd, Pearland 51 Rodeo Palms Clubhouse, 33 Rodeo Palms Dr, Manvel 53 West Annex, 451 N Velasco, Room 144, Angleton 55 Northway Baptist Church, 1421 Buchta Rd, Angleton 56 Emerald Bay Recreation Center, 11814 N Clear Lake Loop, Pearland 59 First Church of Pearland, 1850 Broadway, Pearland 61 Pearland Westside Library, 2803 Business Center Dr #101, Pearland 67 Resolution No. R2016-142 Exhibit "B" EXHIBIT "B" EARLY VOTING BY PERSONAL APPEARANCE LOCATIONS: Pearland East Branch Location: Tom Reid (Pearland) Library 3522 Liberty Dr., Pearland Pearland West Branch Location: Westside Event Center 2150 Countryplace Pkwy., Pearland Shadow Creek Branch Location: Pearland Westside Library 2803 Business Center Dr. #101, Pearland Angleton Main Location: East Annex (Old Walmart) 1524 E Mulberry #144, Angleton Alvin Branch Location: Alvin Library 105 S. Gordon, Alvin Brazoria Branch Location: Brazoria Library 620 S. Brooks, Brazoria Freeport Branch Location: Freeport Library 410 Brazosport Blvd., Freeport Lake Jackson Location: Lake Jackson Civic Center 333 Hwy 332 East, Lake Jackson Manvel Branch Location: North Annex 7313 Corporate Dr., Manvel West Columbia Branch Location: Precinct 4 Building 121 N. 1 O� St., West Columbia PERSONAL APPEARANCE TIMES AND DATES FOR ABOVE LOCATIONS: Monday, October 24 - Friday, October 28...............................................................8:00 a.m. — 5:00 p.m. Saturday, October 29..............................................................................................7:00 a.m. — 7:00 p.m. Sunday, October 30................................................................................................1:00 p.m. — 7:00 p.m. Monday, October 31 - Friday, November 4.............................................................7:00 a.m. — 7:00 p.m.