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HomeMy WebLinkAboutRES 021307-GG - Ordering General ElectionRESOLUTION NO. 7 /3O7 tom& A RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS, ORDERING A GENERAL ELECTION FOR ELECTION OF THE CITY COUNCIL MEMBERS FOR CITY COUNCIL DISTRICTS 3, 4, AND 7 TO BE HELD ON MAY 12, 2007, ORDERING A RUN-OFF ELECTION, IF NECESSARY, AND ESTABLISHING PROCEDURES FOR SAID ELECTION. WHEREAS, the laws of the State of Texas and the Charter of the City of Georgetown, Texas provide that on Saturday, May 12, 2007, there shall be a General Election at which shall be elected the following officials for this City: Three (3) Members of the Georgetown City Council: one Councilmember from each of Districts 3, 4 and 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 the following Century Plan Policy Statements: Policy Statement 14 A high level of cooperation and involvement exists among Georgetown's citizens and governmental organizations. Policy Statement 16 Georgetown City Government will operate openly and under the highest ethical standards. Resolution No. Oa/3 07— a6 General Election May 2007 Page 1 of 6 The City Council further has found that this action is not inconsistent or in conflict with any other Century Plan Policy Statements, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 3. CANDIDATES This General Election shall be held to elect Councilmembers for City of Georgetown Single -Member Districts 3, 4 and 7. The boundaries for Single -Member Districts 3, 4 and 7 have been updated to include newly annexed lands. Maps showing the updated boundaries of Districts 3, 4 and 7 are attached hereto as Exhibits "A", "B" and "C." These maps are hereby adopted as the Official Council District Maps 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 May 12, 2007 for the Councilmembers for Districts 3, 4 and 7 shall file their applications with the City Secretary at the City Hall, 113 E. 8th Street, Georgetown, Texas, on or before 5:00 p.m. on Monday, March 12, 2007. 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 Tuesday, March 13, 2007 at 4:00 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, which canvassing date shall be on or after Tuesday, May 15, 2007, but in no event later than Wednesday, May 23, 2007. 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. Resolution No. 021307 G6 General Election May 2007 Page 2 of 6 SECTION 6. OPTICAL SCAN BALLOTS Voting shall be conducted with optical scan ballots prepared in conformity with the Texas Election Code, and there shall be at least one disabled -access voting device, such as a Direct Recording Electronic (DRE) machine at each polling place. SECTION 7. 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 "D" 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 12, 2007 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 Williamson County Elections Administrator, John Willington, as agent for the Custodian of Records ("Agent") for the May 12, 2007 General 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 following main location: Main Location: Williamson County Inner Loop Annex 301 SE Inner Loop Georgetown, Texas Early Voting by Personal Appearance shall take place at the following branch locations, but these locations are subject to change as determined by the Elections Administrator: Resolution No. OZ 130?-GG General Election May 2007 Page 3 of 6 Branch Locations (preliminary list): Georgetown ISD Admin Bldg, 603 Lakeway Drive Sun City Social Center, 2 Texas Drive, Georgetown, TX Round Rock Library, 216 E. Mayon Street, Round Rock, TX —WILL CHANGE Brushy Creek Community Center, 16318 Great Oaks Dr., Round Rock, TX Clay -Madsen Recreation Center, 1600 Gattis School Road, Round Rock, TX Round Rock ISD Admin Building,1311 Round Rock Ave, Round Rock Cedar Park Public Library 550 Discovery Blvd. Cedar Park, TX 78613 Pat Bryson Municipal Hall, 201 N. Brushy, Leander, TX Taylor City Hall, 400 Porter St, Taylor, TX The Main Location and each Branch Location will remain open from 7:00 a.m. to 7:00 p.m., Monday through Saturday, beginning on the twelfth day preceding the date of the election, which is Monday, April 30, 2007 and ending on the fourth day before Election Day, which is Tuesday, May 8, 2007. Early Voting shall also be conducted on Sunday, May 6, 2007 from Noon to 6:00 p.m. at all Early Voting Locations In the event of a Runoff Election, Early Voting by Personal Appearance shall take place at the Georgetown locations listed above and for the same hours used for the General Election, beginning on the twelfth day before the Runoff Election and ending on the fourth day before the Runoff Election. During this period, each location will remain open from 7:00 a.m. to 7:00 p.m. from Monday through Saturday and on Sunday from noon to 6:00 p.m. SECTION 9. ELECTION DAY VOTING Election Day Voting shall take place from 7:00 a.m. to 7:00 p.m. at the following locations: Location For Georgetown voters in County Voting Precincts Nos: Williamson County Central Maintenance Facility, 3151 SE Inner Loop Dr., Georgetown 168, 369, 370 First Baptist Church, 1333 W. University Ave., Georgetown 343 First United Methodist Church, 410 E. University, Georgetown 142, 314, 357 Georgetown Independent School District Administration Building, 603 Lakeway Drive, Georgetown 302, 305, 371, and 379 Sun City Social Center, 2 Texas Drive, Georgetown 381 Resolution No. 'Z13O7-GG General Election May 2007 Page 4 of 6 In the event of a Runoff Election, the same Election Day voting locations will be used as stated above for the General Election on May 12, 2007. SECTION 10. 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 11. 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 and 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 General Election in accordance with the Texas Election Code, and the City of Georgetown Charter at a City Council Meeting to be held on or after Tuesday, May 15, 2007, but in no event later than Wednesday, May 23, 2007. Notice of the meeting at which the canvassing will take place shall be provided in accordance with the requirements of the Texas Open Meetings Act. 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. Notice of the meeting at which the canvassing will take place shall be provided in accordance with the requirements of the Texas Open Meetings Act. Resolution No. dZ/3 0 7- G6 General Election May 2007 Page 5 of 6 SECTION 13. NOTICE OF ELECTION 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 21st 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 13th day of February, 2007. THE CITY OF GEORGETOWN: •�tr ry Nelon, Mayor Approved as to form: Attest: Sandra D. Lee, City Secretary lKe C DE(G`& Patricia E. Carls, Brown & Carls, LLP, City Attorney Resolution No. 02/3 07- G'G General Election May 2007 Page 6 of 6 W SH 29 Reg. o !� 7-4G Exhihi COUNCIL K RIDGE R Legend •em■i City Council Districts DISTRICT 0...r City Limits , District 1 District 5 Ei r. IS9fi THREE River/Stream I I District 2 District 6 CI EO RG ETO�` Local Street ® District 3 i 1 District 7 TEXAS JANUARY 1, 2007 Major Street District4 &XHIPlt h Cartographic Data For General Planning Purposes Only I✓`5 I fC K= W. ■U■1 MEM •�■1■1■■■■w... i Ainsimpla Ormwial Ili* `ylsa®'�� �r� mi ligko TERAVIST e 0 2,000 4,000 Feet 1 inch equals 4,000 feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US Feet 92 See "West Lal� ;' Inset -to l / 0....1%• J 0 f+; \ 1 1I L 7 r . t c AKE GEORGETOWN J 0•.r. ..- . 1; �,"-' r + .awl. �f: ll `n . 52 to EP v 1 4-4 , ►1, . ii/ Pti,K N is. NtN1NpR GNRo v0 pPV'CJ f� V 73 �tG O COUNCIL DISTRICT GEORGETOWN r.T. t:t« FOUR TEXAS JANUARY 1, 2007 Legend ,oc 1,..11 ,City Limits River/Stream Local Street Major Street ,Qes. Z/307-66 Ewh;bit s I 7 City Council Districts II District 1 I District 5 District 2 District 6 11111 District 3 r I District 7 District4 Cartographic Data For General Planning Purposes Only e 0 2,750 5,500 Feet 1 inch equals 5,500 feet Coordinate System Texas State Plane/Central Zone/NAD 83/US Feet . & 171,9 I '. ,1 ear Branch �► West Fork Crc ' P COUNCIL DISTRICT �7. IS41 G EORG ETOWN SEVEN TEXAS JANUARY 1, 2007 Legend 1,...,11 City Limits River/Stream Local Street Major Street City Council Districts District 1 , District 5 I District 2 District 6 111111 District 3 District 7 District 4 Cartographic Data For General Planning Purposes Only 0 ... 0 1,750 3,500 Feet 1 inch equals 3,500 feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US Feet RES. 02/301-GG EXhibif G� EXHIB 17 "D" THE STATE OF TEXAS CONTRACT FOR ELECTION SERVICES COUNTY OF WILLIAMSON This Contract is entered into by and between the WILLIAMSON COUNTY ELECTIONS ADMINISTRATOR (ADMINISTRATOR) on behalf of WILLIAMSON County, a political subdivision of the State of Texas, and the CITY OF GEORGETOWN (CITY) individually, a "Party" or, collectively, the "Parties," pursuant to Texas Election Code Section 31.092. RECITALS WHEREAS, CITY, by appropriate action of its governing body acting in accordance with all applicable laws, has called a joint election to be held with WILLIAMSON County and desires that certain election services be provided by ADMINISTRATOR through the Elections Department; and WHEREAS, ADMINISTRATOR has provided a cost estimate for election services to be rendered by CITY under this Contract, which estimate is $5,600.00; and WHEREAS, CITY and ADMINISTRATOR desire to enter into a contract setting out the respective responsibilities of the parties; NOW, THEREFORE, the Parties agree as follows: ARTICLE I PURPOSE 1.01 The Parties have entered into this Contract for election services described in Article II to be provided to CITY for its election to be held on May 12, 2007. ARTICLE II SERVICES 2.01 ADMINISTRATOR agrees to provide to CITY the following general services: (A) Procure and distribute election supplies, including, but not limited to, the preparation, printing and distribution of ballots and sample ballots; (B) Procure election judges and clerks for early voting and Election Day voting; (C) Procure early voting polling places and Election Day polling places, as ordered; Res- Oa/3O7�GG o�FS% Exhi,6"/ D P ,yam 1 (D) Procure, prepare, and distribute adequate election equipment and transport equipment to and from the initial polling locations, including early voting substations, for CITY; (E) Distribute the lists of registered voters to be used in conducting the election, as provided by WILLIAMSON County Voter Registration pursuant to the request by CITY; (F) Pay Election Day and early voting judges and clerks; (G) Pay the judges for election night returns and early voting returns; (H) Provide information for election officers; (I) Provide general overall supervision of the election and advisory services; (J) Prepare writ of election to election officers and notice of appointment to Presiding and Alternate judges, as required by law; (K) Conduct early voting, in person and by mail, for CITY; (L) Establish a Central Counting Station for the purpose of tabulating ballots; (M) Provide such incidental related services as may be necessary to effect the election; (N) Meet ADA requirements as the law relates to polling locations and voter assistance, etc; and (0) Provide for Central Count Tabulation (s): a. Preparation and programming of the ballots on the ES&S 650 Optical Scanner b. Preparation and tabulation of votes from the iVotronic Voting System. ARTICLE III SCHEDULE FOR PERFORMANCE OF SERVICES 3.01 Specific services to be provided related to the general services identified in Article II shall be performed in accordance with the time requirements set out in the Texas Election Code. ARTICLE IV SERVICES NOT PROVIDED BY COUNTY ,?es• Oz/3O7-GGZo�� E�ChihIV 0 page 2 4.01 ADMINISTRATOR shall have no responsibility for insuring the passage of the appropriate Election Order by CITY, preparing or sending Justice Department Submissions, publishing and (or) posting the election notice as required by the Texas Election Code Section 4.003, or canvassing election results. ADMINISTRATOR shall have no responsibility as custodian of CITY'S election records. ARTICLE V TERM 5.01 Except as hereinafter set out, the term of this Contract shall be from the time of execution until all items with respect to this Contract and the election held hereunder have been completed. ARTICLE VI COST OF SERVICE AND BILLING 6.01 In consideration for the services provided hereunder by ADMINISTRATOR, CITY agrees to pay ADMINISTRATOR its pro rata share of performing the services, including any overtime incurred by ADMINISTRATOR'S employees. CITY further agrees to deposit with ADMINISTRATOR $ (67% of the cost) no later than March 12, 2007 to cover the estimated pro rata cost. The balance of projected costs will be due not later than July 2, 2007. 6.02 In the event the actual election costs exceed CITY'S deposit, the difference between the actual costs and the deposit will be paid by CITY within 30 days after receiving an itemized invoice from ADMINISTRATOR. Payment shall be made by check payable to WILLIAMSON COUNTY and mailed to: Elections Administrator 301 SE Inner Loop, Box 0209 Georgetown, TX 78627-0209 6.03 Any monies remaining after the payment of all costs of elections bills, shall be the property of the CITY and returned to it. ARTICLE VII GENERAL PROVISIONS 7.01 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in WILLIAMSON County, Texas. 7.02 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision, and this Contract shall be construed as if the Res. OZ13o7- G e 3 VExhihit D p 3 invalid, illegal or unenforceable provision had never been a part of the Contract. 7.03 This Contract constitutes the only agreement of the Parties hereto and supersedes any prior understanding or written or oral agreement between the parties respecting the written subject matter. 7.04 No amendment, modification, or alteration of this Contract shall be binding unless it is in writing, dated subsequent to the date of the Contract and duly executed by the Parties. BY: Executed in triplicate originals this day of , 2007. WILLIAMSON COUNTY CITY OF GEORGETOWN ELECTIONS ADMINISTRATOR JOHN WILLINGHAM 4 BY: PRINT: TITLE: