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HomeMy WebLinkAboutRES 020805-FF - Ordering General ElectionRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS, ORDERING A GENERAL ELECTION FOR ELECTION OF THE MAYOR AND CITY COUNCIL MEMBERS FOR COUNCIL DISTRICTS 2 AND 6 TO BE HELD IN CONJUNCTION WITH A SPECIAL ELECTION TO CONSIDER ADOPTION OF A SALES AND USE TAX UNDER SECTION 4A OF THE DEVELOPMENT CORPORATION ACT OF 1979 (VERNON'S TEX. REV. CIV. STAT. ANN. ART. 5190.6, § 4A (VERNON'S AND VERNON'S SUPP. 2004) TO BE HELD ON MAY 7, 2005, 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 7, 2005, there shall be a General Election at which shall be elected the following officials for this City: The Mayor of the City of Georgetown and two (2) Members of the Georgetown City Council: one Councilmember from each of Districts 2 and 6; and WHEREAS, pursuant to the Texas Election Code and the application portions of the Texas Tax Code, a Special Election to consider the adoption of a sales and use tax under Section 4A of the Development Corporation Act of 1979 (Vernon's Tex. Rev. Civ. Stat. Ann. Art. 5190.6, § 4A (Vernon's and Vernon's Supp. 2004) ("Section 4A") will be held in conjunction with the General Election to be held on Saturday, May 7, 2005; 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. Resolution No. t Z General Election to be Held In Conjunction with Special 4A Election Page 1 of 6 SECTION 2. CONFORMANCE WITH CENTURY PLAN The City Council has found that this action implements the following Century Plan Elements: Policy Statement 1 Citizens of Georgetown experience a stable, self-sustaining economy with expanding job opportunities. Policy Statement 6 All citizens have access to safe and adequate housing opportunities. Policy Statement 9 Parks, open space, recreation facilities and services, and social and cultural activities contribute to an enhanced quality of life for the citizens of Georgetown. The City Council further 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 general election shall be held to elect the Mayor of the City of Georgetown and Councilmembers for City of Georgetown Single -Member Districts 2 and 6. 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 confou lied to actual metes and bounds descriptions through the use of the City's 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 deteimiine 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, 2005, for the Mayor of the City of Georgetown and Councilmembers for Districts 2 and 6 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 7, 2005. 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 8, 2005 at 3:00 p.m. in the Main Floor Foyer at City Hall, 113 E. 8th Street, Georgetown, Texas. Resolution No. . G, t ; • General Election to be Held In Conjunction with Special 4A Election Page 2 of 6 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, June 4, 2005. 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. SPECIAL ELECTION TO BE HELD IN CONJUNCTION WITH GENERAL ELECTION By separate ordinance, a Special Election related to adoption of a Section 4A sales and use tax under the Development Corporation Act of 1976 (as amended) (Vernon's Tex. Rev. Civ. Stat. Ann. Art 5190.6) has been called and will be held in conjunction with this General Election. SECTION 7. OPTICAL SCAN BALLOTS Voting shall be conducted with optical scan ballots prepared in confoiiiiity with the Texas Election Code. 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, Special 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 7, 2005 General Election and 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. Resolution No. . General Election to be Held In Conjunction with Special 4A Election Page 3 of 6 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 Lobby of the City of Georgetown Municipal Court/Council Chamber, 101 E. 7th Street, 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 17th day preceding the date of the election, which is Wednesday, April 20, 2005, and ending the fourth day before Election Day, which is Tuesday, May 3, 2005. Early voting shall also be conducted on Saturday, April 23, 2005, from 9:00 a.m. to 1:00 p.m., on Sunday, April 24, from 1:00 p.m. to 5:00 p.m., on Saturday, April 30, 2005, from 9:00 a.m. to 1:00 p.m., and on Sunday, May 1, from 1:00 p.m. to 5:00 p.m. at the Main Early Voting Location at the Lobby of the City of Georgetown Municipal Court/Council Chamber, 101 E. 7th Street, 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 Lobby of the City of Georgetown Municipal Court/Council Chamber and at the Branch Early Voting Location at the GISD Administration Building, 603 Lakeway Drive beginning Wednesday, May 25, 2005, through Tuesday, May 31, 2005, excluding Monday, May 30, 2005, which is a holiday for Memorial Day. Each location will remain open during normal business hours (8:00 a.m. to 5:00 p.m.) each week day specified for early voting, and on Saturday, May 28, from 9:00 a.m. to 1:00 p.m., and on Sunday, May 29, from 1:00 p.m. to 5:00 p.m. SECTION 10. ELECTION DAY VOTING Election day voting shall take place at the Lobby of the City of Georgetown Municipal Court/Council Chamber 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 June 4, 2005, the same election day voting locations will be used as stated in the above paragraph for the General Election on May 7, 2005. Resolution No. 0 2., General Election to be Held In Conjunction with Special 4A Election Page 4 of 6 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 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 and Special Election in accordance with the Texas Election Code, the Texas Tax Code, and the City of Georgetown Charter at a Special City Council Meeting on Tuesday, May 17, 2005, 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 7, 2005, at 5:00 p.m. 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. Resolution No.v General Election to be Held In Conjunction with Special 4A Election Page 5 of 6 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 th day of February, 2005. THE CITY OF GEORGETOWN: By: Ga Nelon, Mayor Apprc ed as to form: Patricia E. Carls City Attorney Resolution No (`° "?- c`:; t= 1= Attest: General Election to be Held In Conjunction with Special 4A Election Page 6 of 6 EXHIBIT "A" [ATTACH GIS CONFORMED DISTRICT MAP] Resolution No. 020508-FF Exhibit A Page 1 of it City of Georgetown City Council Districts January 31, 2005 - Streets Ezi Council District 1 Council District 2 Mini Council District 4 Council District 5 Council District 6 Council District 3 En Council District 7 Cartographic Data For General Planning Purposes Only e 0 1.0002.000 4.000 6.000 8.000 Feet Coordinate System: Texas State Plane/Central Zone/NAD 83NS Feet Resolution No. 020508-FF Exhibit A Page 2 of City of Georgetown City Council Districts District Two January 31, 2005 - Streets 0 Council Distnct 4 Ea Council District 1 Council District 5 Council District 2 Ej Council District 6 Council District 3 © Council Distnct 7 Cartographic Data For General Planning Purposes Only ceoacer~ G/S� 0 0 250 500 1002 1500 2000 Feet Caordmete System Texas State Plane/Central Zone/NAD 83/US Feet Resolution No. 020508-FF Exhibit A Page 3 of t City of Georgetown City Council Districts District Six January 31, 2005 - Streets 1E21 Council District Efi Council District 2 MI Council District 4 Council District 5 Council District 6 Council District 3 1.:3 Council District 7 f.* Cartographic Data For General Planning Purposes Only 6EORGE704411 GIS Coordinate System: Texas State Plane/Cenral Zone.MAD1538.1S Feet 0 455 910 1.820 2 730 3 640 Feet Resotution No. 020508 FF Exhibit A Page 4 of if Exhibit `B" 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 7, 2005, 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 7, 2005, 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 16, 2005; i. Submitting to entities within 30 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: Resolution No. 0 2 s SAS r°i�Exhibit `B" Election Services Contract General/Special Election May 7, 2005 Page 1 of 3 Pages a. Authorizing the number of ballots to be ordered for Election Day and early voting; b. Paying election workers at the rate authorized by the commissioners court for joint elections and paying for 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; e. Appointing by the action of its governing body all election judges and alternates and designating polling places for the election including early voting locations; f. 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; g• election; Appointing Administrator as agent to Custodians of Election Records for the joint h. 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. i. 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 teuli 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. This contract is effective on the day of , 2005. GEORGETOWN INDEPENDENT SCHOOL DISTRICT Resolution No. 0:4-0‘635 - r=Exhibit "B" Election Services Contract General/Special Election May 7, 2005 Page 2 of 3 Pages President, Georgetown ISD School Board CITY OF GEORGETOWN Mayor, City of Georgetown Al 1EST: City Secretary APPROVED AS TO FORM: City Attorney VVILLIAIVISON COUNTY ELECTIONS ADMINISTRATOR Williamson County Elections Administrator Resolution No. 0 2 Cf.,;5c--‘,;:-Exhibit "B" Election Services Contract General/Special Election May 7, 2005 Page 3 of 3 Pages