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HomeMy WebLinkAboutRes 050603-B - Canvass Election ResultsRESOLUTION NO. WHEREAS, the City Council of the City of Georgetown, Texas ordered an election to be held on Saturday, May 3, 2003, for the purpose of the following: To elect Councilmembers from City of Georgetown Single -Member Districts 1 and 5, and to consider amendments to the City of Georgetown Charter; and WHEREAS, the City Council has investigated all matters pertaining to said election, including the ordering, giving notice, holding and making returns of said election; and WHEREAS, the election officers who held said election have prepared the returns of the results thereof, and the returns have been delivered to the City Council; and WHEREAS, it appears from the returns, duly and legally made, that the following votes were cast: COUNCILMEMBER DISTRICT 1 Patty Eason COUNCIL,MEMBER DISTRICT 5 John Kirby 334 Howard Fomby 191 Doug Cota 154 PROPOSITION 1. Shall Section 1.09 of the City Charter, pertaining to the Comprehensive Plan, be amended to add an element for public safety? FOR 1400 AGAINST 417 PROPOSITION 2. Shall Section 2.16 of the City Charter, pertaining to Establishment of Personnel Policy, be amended to provide that city employees shall be "at will" employees? FOR 1100 AGAINST 647 PROPOSITION 3. Shall Section 4.07 of the City Charter, pertaining to Power of Recall, be amended to provide that the citizens shall have the power to recall a city official on the grounds of incompetence, misconduct, or malfeasance in office? FOR 1490 AGAINST 412 PROPOSITION 4. Shall Section 4.07 of the City Charter, pertaining to Power of Recall, be amended to provide that a recall petition must be signed by 15% of the registered voters in the City (in the case of the Mayor), and by 15% of the registered voters in a council district (in the case of a particular council member), and to provide that all registered voters may vote in a recall election involving the Mayor, and that all registered voters in a council district be allowed to vote in a recall election involving that particular council member? FOR 1339 AGAINST 519 PROPOSITION 5, Shall Section 4.08 of the City Charter, pertaining to Recall Election, be amended to state that a recall petition must specifically and distinctly set forth the factual basis and circumstances upon which the petition for removal is based to give the official notice of all matters and things forming the basis of the petition? FOR 1319 AGAINST 538 PROPOSITION 6, Shall Section 5.06 of the City Charter, pertaining to the City Attorney, be amended to provide that the hiring of all Assistant City Attorneys be approved by the City Council, and that the City Attorney and any Assistant Attorneys serve at the will of the Council? FOR 1220 AGAINST 597 PROPOSITION 7. Shall Sections 6.09 and 6.10 of the City Charter, pertaining to Revenue Bonds and Sale of Bonds, be amended to include the term "obligations" and thereby to also apply to the issuance of Certificates of Obligation? FOR 1273 AGAINST 427 PROPOSITION 8. Shall Section 6.10 of the City Charter, pertaining to Sale of Bonds, be amended to provide that the City could sell bonds at par or a price that achieves the overall lowest interest rate for the City? FOR 1522 AGAINST 267 PROPOSITION 9. Shall Section 6.11 of the City Charter, pertaining to Purchasing Power, be amended to provide that the City Manager has the authority to contract for expenditures without further approval of Council for all budgeted items that do not exceed the dollar limitations set forth in State Law pertaining to competitive bidding? FOR 1072 AGAINST 739 PROPOSITION 10. Shall Section 9.01 of the City Charter, pertaining to Nepotism, be amended to provide that the prohibition against nepotism does not apply to a person employed by the City at least one year prior to the election or appointment of a related city official, and that it does not apply to any unpaid members of City boards, committees, or commissions? 2003 General/Special Election Resolution No. Page 2 of 4 Pages FOR 1052 AGAINST 718 PROPOSITION 11. Shall Sections 2.09, 2.13, and 9.19 of the City Charter be amended to include provisions related to operations of the City and functioning of the City Council in the case of an emergency or disaster? FOR 1539 AGAINST 252 PROPOSITION 12. Shall a new section of the Charter be added authorizing the City Council, by ordinance, to make nonsubstantive amendments to the Charter only for the purpose of correcting grammatical errors, enhancing readability, updating legal citations, and clarifying existing provisions to aid in public understanding? FOR 1413 AGAINST 392 PROPOSITION 13. Shall the following sections of the City Charter be updated and amended to be made consistent with current state law as follows: a. Section 1.06, to allow annexation by election in compliance with state law; b. Section 2.03, to require vacancies on the City Council to be filled in accordance with state law; C. Section 2.07, to exclude references to state controlled roads if required by state law; d. Section 2.09 to require minutes of meetings to be taken in the form and manner required by the Texas Open Meetings Act; e. Section 3.01, to require the general elections to be held on the uniform election dates prescribed by state law; f. Section 3.04, to require candidates for City office to file in accordance with state law; g. Section 4.03, to add a requirement that petitions for initiative or referendum must conform to state law; h. Section 4.04, to require petitions for initiative or referendum to be filed, examined, and certified in accordance with state law; i. Sections 4.07 and 4.08, to delete the reference to initiative petitions, and to add a requirement that a recall petition must be signed and verified in accordance with the requirements of state law; j. Section 4.09, to require that vacancies resulting after a successful recall election be filled in the manner provided for by state law; k. Section 4.12, to require compliance with state law in the event that a recall election is not called upon receipt of a proper recall petition; 1. Section 5.08, to provide that a Judge of Municipal Court may be removed in accordance with state law; in, Section 6.01, to require open public meetings on the budget prior to adoption in conformance with state law; n. Section 6.12, to require disinterested City auditors in accordance with state law; o. Section 7.01, to require taxation to be in accordance with state law; p. Section 8.05, to refer to state law on the regulation of rates charged by public utility franchise holders; q. Section 9.02, to be consistent with the requirements of state law regarding availability of records; r. Section 9.07, to refer to the oath of office as required by state law. FOR 1524 AGAINST 262 Q �, N111 Re] IN" SECTION I. The City Council officially finds and determines that the election was duly called; that proper notice of the election was given in accordance with law; that the election was held in accordance with law; that returns of the 2003 General/Special Election Resolution No. Page 3 of 4 Pages results of the election have been made and delivered, and that the City Council has canvassed the returns, all in accordance with the law and the resolution calling the election. WHEREAS, it appears from said returns, duly and legally made, that the voters have made the following decisions: Patty Eason shall be the Councilmember for District 1. No one candidate received the majority of the votes for Councilmember for District 5, but there shall be no Runoff Election on Saturday, May 31, 2003, because on May 5, 2003, Howard Fomby has conceded the election to John Kirby and has filed a Certificate of Withdrawal with the City Secretary in accordance with Sections 145.092 and 145.095 of the Texas Election Code, Therefore, John Kirby shall be the Councilmember for District 5. The following Charter Amendment Propositions were approved by the voters and shall be codified into the City of Georgetown Charter. Propositions Number: 1 through 13 SECTION III. It is further found and determined that in accordance with the order of this governing body, the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located outside of City Hall, a place convenient and readily accessible to the general public, and said notice was posted and remained posted continuously for at least 72 hours preceding the scheduled time of the meeting. A copy of the posting shall be attached to the minutes of this meeting and shall be made a part thereof for all intents and purposes. PASSED, AND APPROVED, on this 6th day of May, 2003. iviay vi City Secretary 2003 General/Special Election Resolution No. Page 4 of 4 Pages APPROVED AS TO FORM: Patricia E. Carls City Attorney