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HomeMy WebLinkAboutRes 111103-Z - Special Election Dist 7AESOLUTIONNO. A RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS, ORDERING A SPECIAL ELECTION FOR ELECTION OF A CITY COUNCIL MEMBER FOR COUNCIL DISTRICT 7 IN GEORGETOWN, TEXAS TO BE HELD ON DECEMBER 20, 2003, ORDERING A RUN-OFF ELECTION, IF NECESSARY, AND ESTABLISHING PROCEDURES FOR SAID ELECTION. WHEREAS, the laws of the State of Texas provide that on Saturday, December 20, 2003, there shall be a Special Election at which shall be elected the following official for this City: One (1) Member of the Georgetown City Council from Single -Member District 7; 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 governinental functions;" and has found that this action is not inconsistent or in conflict with any 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 a Councihnember for City of Georgetown Single -Member District 7. A copy of the map of City of Georgetown Single -Member District 7 is attached to this Resolution as Exhibit "A. " The District 7 Map is hereby adopted as the Official City Council Special Election Resolution No. Page 1 of 5 Pages Y Single -Member District 7 Map and shall determine the qualification of the candidates to serve and shall govern the qualification of the voters to vote in said election. 1 l 1 lNUNN I• In accordance with the provisions governing special elections at Chapter 201 of the Election Code, all candidates for the election to be held on Saturday, December 20, 2003, for Councilmember for District 7, shall file their applications with the City Secretary at the City Hall, 113 E. 81i, Street, Georgetown, Texas, on or before 5:00 p.m. on the thirty-first day before the election, such date being Wednesday, November 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 Friday, November 21, 2003, at 4:30 p.m. in the Main Floor Foyer at City Hall, 113 E. 8t" Street, Georgetown, Texas. SECTION 5 - POSSIBLE RUN-OFF ELECTION In the event that no candidate can be declared the winner in the Special 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 Special Election, that date being Saturday, January 24, 2004. 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— OPTICAL SCAN BALLOTS Voting shall be conducted with optical scan ballots prepared in conformity with the Texas Election Code. SECTION 7 — CONDUCT OF ELECTION Pursuant to Subchapter D of Chapter 31 of the Texas Election Code, the City Comicil is further ordering that this Special Election and possible Runoff Election be conducted under the tenns and conditions of an Election Services Contract between the City of Georgetown and the Williamson County Elections Administrator, 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. Special Election Resolution No. mZ. Page 2 of 5 Pages 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 January 31, 2004 Special 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 8 - EARLY VOTING Early voting by personal appearance shall take place at the Williamson County Courthouse, 710 Main St., Georgetown, Texas, 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 Wednesday, December 3, through Tuesday, December 16, 2003. Early voting shall also be conducted on Saturday, December 6, from 9:00 a.m. to 1:00 p.m., on Sunday, December 7, from 1:00 a.m. to 5:00 p.m., on Saturday, December 13, from 9:00 a.m. to 1:00 p.m., and on Sunday, December 14, 2003, from 1:00 p.m. to 5:00 p.m. at the Main Early Voting Location at the Williamson County Courthouse, 710 Main St., Georgetown, Texas, h1 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, Georgetown, Texas, 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, begiiuling Wednesday, January 7, 2004, through Tuesday, January 20, 2004. Early Voting for said Runoff Election shall also be conducted on Saturday, January 10, from 9:00 a.m. to 1:00 p.m., on Sunday, January 11, from 1:00 p.m. to 5:00 p.m., on Saturday, January 17, from 9:00 a.m. to 1:00 p.m., and on Sunday, January 18, from 1:00 p.m. to 5:00 p.m. at the Main Early Voting Location at the Williamson County Courthouse, 710 Main St., Georgetown, Texas. SECTION 10 - ELECTION DAY VOTING Election Day voting shall take place at the Williamson County Courthouse, 710 Main Street for voters who reside within the boundaries of City of Georgetown Single -Member District 7 as shown on the attached Exhibit "A." Special Election Resolution No. Page 3 of 5 Pages In the event of a Runoff Election on January 24, 2004, the same election day voting location will be used as stated in the above paragraph for the Special Election on December 20, 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 Special 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 Special 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 Special Election in accordance with the Texas Election Code at a Special Council Meeting on Tuesday, December 30, 2004, 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 at a Special Council Meeting on Tuesday, February 3, 2004, at 5:00 p.m. SECTION 13— NOTICE OF ELECTION Notice of the Special 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 Special Election and as otherwise may be required by the Texas Election Code. Notice of the Special 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 21s' day before the Special Election. Special Election Resolution No. ^� Page 4 of 5 Pages 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 Special 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 llth day of November, 2003. OF, GEORGETOWN: y: GgfjNelon, Mayor Approved as to form: Patricia E. Carls City Attorney Special Election Resolution No. I I � . Page 5 of 5 Pages Attest: SandraD. Lee, City Secretary 8alc� , n J -66 61, If If - If �tCk } �w � aw OGo(�aoi N cQ K�eu 1"� bra G, Patti o rt a ewe NE,mnei �.pOQ. L ELECTION SERVICES CONTRACT This contract is entered into between the WILLIAMSON COUNTY ELECTIONS ADMINISTRATOR, hereinafter referred to as Administrator, and the CITY OF GEORGETOWN, hereinafter referred to as City, acting by and through its City Council. The purpose of this contract is to secure election services from the Administrator for an election to be conducted on January 31, 2004, 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 election on January 31, 2004, including personnel to conduct the verification count, if required, after the election; C. As the Early Voting Clerk for the election, making arrangements for locations and clerks, providing modems and terminals if necessary, 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 the City by February 2, 2004; i. Submitting to City within 30 days a statement of costs payable based on use of ballots, polling places, supplies, programming, etc., with costs to be itemized and based on actual invoices or other appropriate documents; j. Serving as the agent to the Custodian of election records for the purpose of securing and storing voted ballots; k. Conducting election schools for early voting election day clerks. 1. Preparing and publishing all Notices pertaining to tabulation testing, as required by law; M. Providing City with copies of election records. 2. The City shall be responsible for the following actions: a. Paying for ballots, election supplies, computer programming and maintenance, and other election; b. Paying election workers and polling place expenses, including furniture rental, if any; C. Paying Williamson County an administrative fee not to exceed 10 percent of the actual cost of the election; d. Paying Williamson County within 14 working days of the signing of this contract an advance not to exceed 70% of the total estimated cost of the election, with the county to refund any portion of the advance not required to pay the actual costs of the election; e. 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 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 Custodian of Election Records for the election; i. Paying any balance of amount of the advance of the date on which from Administrator. costs for the City election that exceed the listed in paragraph d. above within 30 days City receives the statement of total costs 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 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 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. Thi ,contrAq is effective on the f ay of 101 2003, NJyor, 4ty of Georgetown Attorney 4.