ORDINANCE NO. 0-2021-04

AN ORDINANCE OF THE CITY OF PHARR, TEXAS, AUTHORIZING A GENERAL MUNICIPAL ELECTION TO BE HELD ON MAY 1, 2021, FOR THE PURPOSE OF ELECTING COMMISSIONER PLACE 2, COMMISSIONER PLACE 3, AND COMMISSIONER PLACE 4; PROVIDING FOR THE PUBLICATION AND POSTING OF NOTICE; PROVIDING FOR EARLY VOTING; PROVIDING FOR THE APPOINTMENT OF ELECTION ADMINISTRATOR AND JUDGES; ESTABLISHING REGULAR BUSINESS HOURS OF THE CITY CLERK'S OFFICE ON THE DAVS OF EARLY VOTING BY PERSONAL APPEARANCE; REPEALING ALL ORDINANCES IN CONFLICT; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, The City of Pharr, Texas is a home rule municipal corporation in Hidalgo County, Texas; and

WHEREAS, Section 41.001(a)(1) of the Texas Election Code establishes the first Saturday of May 2021, as a uniform election day for the purposes of conducting a general election; and

WHEREAS, Section 3.004(a) (3) of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a general election of electing municipal officers.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF PHARR, TEXAS, THAT:

SECTION 1. A general municipal election is hereby ordered to be held on the 1st day of May, 2021, for the purpose of electing the following city officers:

Commissioner Place# 2 Commissioner Place # 3 Commissioner Place# 4

SECTION 2. The hours during which the polling places for each voting precinct are to be open on Election Day shall be from 7:00 o'clock a.m. to 7:00 o'clock p.m.

SECTION 3. The election precincts and polling places for the general election to be held in the City of Pharr, Hidalgo County, Texas are described in Exhibit "A" attached hereto and made a part of this Ordinance for all purposes.

In the event the Mayor shall find that one or more of the polling places designated above shall have become unavailable or unsuitable for use at the Election, he is hereby authorized to designate substitute polling places and provide such notice as required by applicable law.

SECTION 4. The Election shall be held under the provisions of the Charter of the City, the Constitution and laws of the State of Texas and United States, and this Ordinance. The City Commission has determined, pursuant to Chapter 31 of the Texas Election Code, that the City is authorized to enter into an Election Services Contract with Hidalgo County, Texas.

SECTION 5. The City Clerk is hereby authorized and directed to have prepared and provided the ballots for the Election and any other necessary supplies and services not provided for under the terms of the Contract for Election Services between the City and the County (the "Election Contract"), in accordance with applicable law.

SECTION 6. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing of the City Clerk as provided by section 52.094 of the Texas Election Code.

The form of the ballot for the election shall be as follows:

OFFICIAL BALLOT

General Election City of Pharr, Texas May 1, 2021

INSTRUCTION NOTE: Vote for the candidate of your choice in each race by placing an "X" in the square beside the candidate's name.

For Commissioner, Place No. 2

• (candidates' name)

• (candidates' name)

  For Commissioner, Place No. 3

• (candidates' name)

• (candidates' name)

  For Commissioner, Place No. 4

• (candidates' name)

• (candidates' name)

(Vote for one)

(Vote for one)

(Vote for one)

SECTION 7. Voting at the Election shall utilize a voting system approved pursuant to the provisions of the Texas Election Code and/or the United States Department of Justice, as applicable ("an approved voting system").

SECTION 8. The Elections Administrator of the County will act as Contracting Officer and is designated as Early Voting Clerk in accordance with Section 31.097 and

271.006 of the Texas Election Code to perform those responsibilities as described in the Election Contract and that the dates and times for early voting by personal appearance shall be at the locations for the general election as shown on Exhibit "B" hereto. The City Clerk is hereby designated as the Custodian of Records of the Election for such

purposes as required under the Texas Election Code other than records of the General Election required to be maintained by the Hidalgo County Election Administrator. Other election officials, including the Presiding Judge of the Early Voting Ballot Board, the Presiding Judges and Alternate Judges to serve on Election Day, and Central Tabulation Center Officials shall be nominated by the Hidalgo County Election Administrator and presented to the City Commission for consideration and approval as soon as the list is compiled.

SECTION 9. The Early Voting Clerk shall receive applications for early voting ballots to be voted by mail in accordance with the Election Code. Applications for Election ballots to be voted by mail shall be mailed to:

Early Voting Clerk

Office of Elections Administration 101 S. 10th Avenue

Edinburg, Texas 78539

SECTION 10. In accordance with all applicable federal and state law, the Elections Administrator of the County shall also provide to the voters Spanish translations of all ballots where appropriate; and, as required by applicable law, all other election materials shall be available and distributed in Spanish as well as English as provided in the Election Contract.

SECTION 11. This Ordinance constitutes the election order for the Election and notice of the Election shall be given by publication and posting as required by the Texas Election Code and other applicable law.

SECTION 12. It is hereby found, determined and declared that a written notice of the date, hour, place and subject of the meeting of the City Commission at which this Ordinance was adopted was given for the time required by law preceding this meeting as required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Commission further ratifies, approves, and confirms such written notice and the contents and posting thereof.

SECTION 13. The Mayor is authorized to execute, and the City Clerk is authorized to attest this Election Order on behalf of the Board of City Commissioners. The Mayor is further authorized to do all other things legal and necessary in connection with the holding and consummation of the Election.

SECTION 14: The importance of the subject matter hereof creates an emergency and an imperative public necessity requiring the suspension of the rule that Ordinance be read on three separate days, and such rule is hereby suspended and said requirement is dispensed with by a vote of not less than a majority of all the members of the Board of Commissioners. This Ordinance shall take effect and be in full force from and after its passage and approval.

PASSED AND APPROVED BY THE BOARD OF CITY COMMISSIONERS OF

THE CITY OF PHARR, TEXAS, on this the 18th day of January, 2021.

Ambrosio "Amos' etnapdez, Mayor

ATTEST:

Hilda Pedraza, City c"..';l,,c,-.,rIv"\ V

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EXHIBIT "A"

POLLING LOCATIONS FOR MAY 1, 2021 GENERAL MUNICIPAL ELECTION

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EXHIBIT "B"

City of Pharr Early Voting Schedule May 1, 2021 - General Election

Early Voting shall commence on Monday, April 19, 2021 and terminate on Tuesday, April 27, 2021. The main polling place for early voting by personal appearance shall be at the Jose "Pepe" Salinas Recreation Center, 1011 W. Kelly, Pharr, Texas.

A temporary branch early voting polling place for early voting by personal appearance shall be at the Development & Research Center, 850 W. Dicker Road, Pharr, Texas. Any voter who is entitled to vote an early voting ballot by personal appearance may do so at the temporary branch early voting polling place. Early voting shall be conducted in accordance with the Texas Election Code on the following days, dates, and hours during the early voting period.