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HomeMy WebLinkAboutRes 021103-M-2 - General & Special ElectionRESOLUTION i4 A RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS, ORDERING A GENERAL ELECTION FOR ELECTION OF CITY COUNCIL MEMBERS FOR COUNCIL DISTRICTS 1 AND 5, AND A SPECIAL ELECTION TO BE HELD IN CONJUNCTION THEREWITH TO CONSIDER AMENDMENTS TO THE CITY CHARTER IN GEORGETOWN, TEXAS TO BE HELD ON MAY 3, 2003, ORDERING A RUN-OFF ELECTION, IF NECESSARY, AND ESTABLISHING PROCEDURES FOR SAID ELECTIONS. WHEREAS, the laws of the State of Texas and the Charter of the City of Georgetown, Texas provide that on Saturday, May 3, 2003, there shall be a General Election at which shall be elected the following officials for this City: Two (2) Members of the Georgetown City Council: one Councilmember from each of Districts 1 and 5; and WHEREAS, pursuant to the laws of the State of Texas and the City Charter of the City of Georgetown, Texas, a Special Election to consider amendments to the City Charter of the City of Georgetown will also be held in conjunction with the General Election on Saturday, May 3, 2003; and WHEREAS, the laws of the State of Texas and the Charter of the City of Georgetown, Texas further provide that the Election Code of the State of Texas is applicable to said election, and in order to comply with said Code, a Resolution should be passed establishing the procedure to be followed in said election, and designating the voting places for said election. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT. SECTION 1 - VERIFICATION OF FACTS The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION 2 - CONFORMANCE WITH CENTURY PLAN The City Council has found that this action implements Governmental Affairs Focus End 15.01 of the Century Plan - Policy Plan Element, which states: "All citizens actively participate in governmental functions;" and has found that this action is not inconsistent or in conflict with any General and Special Election Resolution No. February 11, 2003 Page I of 8 Pages other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, SECTION 3 - CANDIDATES This election shall be held to elect Council Members for City of Georgetown Single -Member Districts 1 and 5. The single -member district boundaries, as depicted in "Illustrative Plan 3 Revised," were adopted by the City Council on February 26, 2002. The boundaries shown on that map have been conformed to actual metes and bounds descriptions through the use of the City `s new GIS technology, and a copy of the GIS conformed District Map is attached to this Resolution as Exhibit "A. " The conforming revisions are not material and do not change the boundaries of the Districts for any purpose; the district lines are now shown with computer -aided accuracy. The GIS conformed District Map is hereby adopted as the Official Council District Map and shall determine the qualification of the candidates to serve and shall govern the qualification of the voters to vote in said election. SECTION 4 - CANDIDATE APPLICATION DEADLINE AND ORDER OF NAMES ON BALLOT All candidates for the election to be held on the first Saturday in May, 2003, for Councilmembers for Districts 1 and 5 shall file their applications with the City Secretary at the City Hall, 113 E. 81h Street, Georgetown, Texas, on or before 5:00 p.m. on the forty-fifth day before the election, such date being Wednesday, March 19, 2003. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing held by the City Secretary on Monday, March 24, 2003 at 3:00 p.m. in the Main Floor Foyer at City Hall, 113 E. 8th Street, Georgetown, Texas. SECTION 5 - POSSIBLE RUN-OFF ELECTION As provided in the City Charter, in the event that no candidate can be declared the winner in any or all of the individual races to be conducted in the General Election, a runoff election shall be held not earlier than 20 days nor later than 30 days after the date of the final canvass of the main election, that date being Saturday, May 31, 2003. In such Runoff Election, the two candidates who received, in the preceding election, the highest number of votes for each office to which no one was elected, shall be voted on again, and the candidate who receives the majority of the votes cast for each such office in the Runoff Election shall be elected to such office. SECTION 6 -- CHARTER AMENDMENTS The following amendments to the Georgetown City Charter shall be proposed on the ballot: General and Special Election Resolution No. February 11, 2003 Page 2 of 8 Pages 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 AGAINST 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 AGAINST 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 AGAINST 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 AGAINST 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 AGAINST 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 AGAINST General and Special Election Resolution No. February 11, 2003 Page 3 of 8 Pages 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 AGAINST 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 AGAINST 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 AGAINST 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 connnissions? FOR AGAINST 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 AGAINST 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? AGAINST General and Special Election Resolution No. February 11, 2003 Page 4 of 8 Pages Rl- 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 AGAINST SECTION 7 — OPTICAL SCAN BALLOTS Voting shall be conducted with optical scan ballots prepared in conformity with the Texas Election Code. General and Special Election Resolution No. February 11, 2003 Page 5 of 8 Pages SECTION 8 — CONDUCT OF ELECTION Pursuant to Subchapter D of Chapter 31 of the Texas Election Code, the City Council is further ordering that this General Election and possible Runoff Election be conducted under the terms and conditions of an Election Services Agreement between the City of Georgetown and Williamson County, which is attached to this Resolution and labeled as Exhibit "B" and incorporated by reference as if fully set out herein. Chapter 31, Subchapter D of the Texas Election Code provides that a city may contract with the County Elections Officer for election services if the city is located in whole or in part in the county. As authorized by Chapter 31, Subchapter D of the Texas Election code, the Georgetown City Council hereby appoints the Williamson County Elections Administrator, John Willingham, P. O. Box 209, Georgetown, Texas 78627, as the election officer for the purpose of conducting the May 3, 2003 General Election. This appointment includes services as Early Voting Clerk for the election, Counting Station Manager, Presiding Judge of the Central Counting Station, and Tabulation Supervisor. In addition and in accordance with Chapter 66 and Chapter 31 of the Texas Election Code, the City Council hereby appoints John Willingham as agent for the Custodian of Records ("Agent") for the election for the purpose of preserving voted ballots and other election records as required by the Texas Election Code. SECTION 9 - EARLY VOTING Early voting by personal appearance shall take place at the Williamson County Courthouse, 710 Main St., Georgetown, Texas, and Branch Early Voting by personal appearance will take place at the Georgetown Independent School District Administration Building, 603 Lakeway Drive, Georgetown, Texas. Each location will remain open during normal business hours (8:00 a.m. to 5:00 P.M.) each day specified for early voting, which is not a Saturday, a Sunday, or an official state holiday, beginning on the 20th day preceding the date of the election, which is Thursday, April 17, 2003, through Tuesday, April 29, 2003, each location remaining open from 7:00 a.m. to 7:00 p.m. Early voting shall also be conducted on Saturday, April 19, from 9:00 a.m. to 1:00 p.m., on Sunday, April 20, from 1:00 a.m. to 5:00 p.m., on Saturday, April 26 from 9:00 a.m. to 1:00 p.m., and on Sunday, April 27, 2003, from 1:00 a.m. to 5:00 p.m. at the Main Early Voting Location at the Williamson County Courthouse, 710 Main St., and at the Branch Early Voting Location at the GISD Administration Building, 603 Lakeway Drive, Georgetown, Texas. In the event of a Runoff Election, early voting by personal appearance shall take place at the Main Early Voting Location at the Williamson County Courthouse, 710 Main Street and at the Branch Early Voting Location at the GISD Administration Building, 603 Lakeway Drive beginning Wednesday, May 14, 2003, through Tuesday, May 27, 2003. General and Special Election Resolution No. w February 11, 2003 Page 6 of 8 Pages SECTION 10 - ELECTION DAY VOTING Election day voting shall take place at the Williamson County Courthouse, 710 Main Street for voters in County Voting Precincts 142, 168, 314, 357, 367, and 370; the Georgetown Post Office, 2300 Scenic Drive for voters in County Voting Precincts 343, 345, and 369; the Georgetown Independent School District Administration Building, 603 Lakeway Drive for voters in County Voting Precincts 301, 302, 305, 332, 371, and 379; and the Sun City Fitness Center, 2 Texas Drive, Building C for voters in County Voting Precincts 381 and 310. In the event of a Runoff Election on May 31, 2003, the same election day voting locations will be used as stated in the above paragraph for the General Election on May 3, 2003, SECTION 11— ELECTION INFORMATION TO BE PROVIDED IN SPANISH The Mayor and all other election officers appointed by the City Council as being responsible for the preparation of notices, instructions, orders, ballots, and other written material pertaining to the General Election shall cause each such document to be translated into and furnished to voters in both the English language and the Spanish language in order to aid and assist voters speaking Spanish as a primary or an alternative language to properly participate in the election process. In addition, the Mayor and other responsible election officers are hereby authorized and directed to make available to the voters having the need of an individual capable of acting as a translator and speaking both English and Spanish languages who will assist Spanish speaking voters in understanding and participating in the election process. SECTION 12 — CANVASSING OF RETURNS; DECLARING RESULTS The Williamson County Elections Administrator, as Georgetown's designated election officer, shall provide the written return of the General Election results to the City of Georgetown in accordance with the Texas Election Code. The City Council shall canvass the returns and declare the results of the General Election in accordance with the Texas Election Code and the City of Georgetown Charter at a Special Council Meeting on Tuesday, May 6, 2003, at 5:00 p.m. If a Runoff Election is required, the Williamson County Elections Administrator shall provide the written return of the Runoff Election results to the City of Georgetown in accordance with the Texas Election Code. The City Council shall canvass the returns and declare the results of the Runoff Election in accordance with the Texas Election Code and the City of Georgetown Charter at a Special Council Meeting on Tuesday, June 3, 2003, at 5:00 p.m. SECTION 13— NOTICE OF ELECTION General and Special Election Resolution No. February 11, 2003 Page 7 of 8 Pages Notice of the General Election shall be published one time in the English and Spanish languages, in a newspaper published within Georgetown's territory at least 10 days and no more than 30 days before the General Election and as otherwise may be required by the Texas Election Code. Notice of the General Election shall also be posted on the bulletin board used by the City Council to post notices of its City Council meetings no later than the 2 1 " day before the General Election. SECTION 14 — AUTHORIZATION TO EXECUTE The Mayor of the City of Georgetown is authorized to execute and the City Secretary is authorized to attest to this Order on behalf of the City Council; and the Mayor is further authorized to do all other things legal and necessary in connection with the holding and consummation of the General Election, SECTION 15— PREAMBLE TRUE AND CORRECT The facts and recitations contained in the preamble of this resolution are hereby found to be true and correct, and are incorporated by reference herein and made a part hereof, as if copied verbatim. SECTION 16 — EFFECTIVE DATE This Order shall be effective immediately upon its approval. RESOLVED this 1 lth day of February, 2003. THE CITY OF GEORGETOWN: Approved as to form: Patricia E. Carls City Attorney General and Special Election Resolution No. February 11, 2003 Page 8 of 8 Pages Attest: c2e� � 0 4 Sandra D. Lee, City Secretary ELECTION SERVICES CONTRACT This contract is entered into between the WILLIAMSON COUNTY ELECTIONS ADMINISTRATOR, hereinafter referred to as Administrator, the CITY OF GEORGETOWN, hereinafter referred to as City, acting by and through its City Council, and the GEORGETOWN INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as District. The City and District (the entities) are entering into this contract to secure election services from the Administrator for a joint election to be conducted by the entities on May 3, 2003, and in connection therewith do hereby agree as follows: 1. The Administrator shall be responsible for providing the following services: a. Procuring, allocating, and distributing all election supplies, including coordination of ballot printing; b. Arranging for election officers and personnel necessary to conduct the joint election on May 3, 2003, including personnel to conduct the verification count after the election; C. As the Early Voting Clerk for the joint election, making arrangements for locations and clerks, providing modems and terminals if requested, and conducting early voting by mail; d. Arranging for election day polling locations and providing appropriate number of voting booths; e. Providing pre -locked, pre -sealed ballot boxes; f. Testing of tabulation of equipment; g. Keeping the Administrator's office open on election day from 7 a.m. until all work is completed and providing assistance to election workers and the public on election day; h. Operating the central counting station in the Williamson County Annex on election day and providing tabulations to each entity by May 5, 2003 ; i. Submitting to entities within 45 days a statement of costs payable based on use of combined ballots, polling places, supplies, programming, etc., with costs to be allocated in proportion to each entity's actual share of expenses; costs to be itemized and based on actual invoices or other appropriate documents; j. Serving as agent to the Custodians of election records for the purpose of securing and storing voted ballots; k. Conducting election schools for early voting and election day clerks. 2. The entities shall be responsible for the following actions: a. Authorizing the number of ballots to be ordered for election day and early voting; b. Paying election workers and polling place expenses, including furniture rental, if any, at a rate proportional to each entity's use of a polling place; C. Paying Williamson County an administrative fee not to exceed 10 percent of the actual cost of the election; d. Preparing and submitting to the U.S. Department of Justice any changes to voting practices or procedures; f. Appointing by the action of its governing body all election judges and alternates and designating polling places for the election including early voting locations; g. Appointing Administrator as Early Voting Clerk for the election and manager of the Central Counting Station, and forwarding any ballot by mail applications to Administrator; h. Appointing Administrator as agent to Custodians of Election Records for the joint election; i. Paying an advance to Administrator (County) equal to 70% of the estimated cost of the election no later than 45 days before the election date. j. Paying the costs of the joint election within 30 days of the date on which City receives the statement of costs from Administrator. 3. In connection with the performance of this contract, neither Williamson County nor the Administrator shall be liable to third parties for any default of the City in connection with the holding of the joint election, including the failure by the City to pay any expenses hereunder, and such the City shall not be liable to third parties for any default of the Administrator in connection with the holding of the joint election. 4. This contract shall be constructed under and in accordance with the laws of the State of Texas. 5. In case any one or more of the provisions contained in this contract for any reason shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereto, and this contract shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 6. No amendment, modifications, or alteration of the term hereof shall be binding unless the same is in writing, dated subsequent to the date of this contract and duly executed by the parties hereof. ThiiYYontract is eff ive n the lAay of_/dl.0 sy' 2003. res`ident,�eorgetown ISD School Board ATTEST: Sec tar Mayor, ty of Georgettoy Attorney ����JJ e ?eem rt) 7 I/OIR ~ d V® .ov fr lf