HomeMy WebLinkAboutRES 010901-OO - Request Special Election! i •
• i ! a • • A ,
• • ! i ` , •
11M ON K0101 11 !1 k b 1wil 0 lei AN 0.
WHEREAS, Texas Attorney General John Cornyn determined in JC -0318, issued
on December 22, 2000, that the City of Georgetown is required to fill a vacancy created in
District 7 as the result of an automatic resignation by calling a special election;
WHEREAS, JC -0318 states that "the City may hold an election on the third
Saturday in January or, if that is not possible, some date prior to the first Saturday in May,
provided the Governor determines that an emergency warrants holding an election on an
earlier nonuniform date ";
WHEREAS, in order to comply with the Texas Election Code and the requirements
for preclearance with the United States Department of Justice, it was impossible on the
date that the opinion of the Attorney General was issued for the City of Georgetown to hold
an election on the third Saturday in January, which is the only remaining uniform election
date prior to the general election to be held on the first Saturday in May, 2001;
WHEREAS, the § 41.0011 of the Texas Election Code provides as follows:
(a) If the governor determines that an emergency warrants holding a special
election before the appropriate uniform election date, the election may be held
on an earlier nonuniform date.
(b) An authority of a political subdivision desiring to order a special election as an
emergency election under this section must ask the governor for permission to
do so. If the governor determines that an emergency exists, the governor shall
grant permission.
(c) The proclamation or order for an emergency election under this section must
include a statement identifying the nature of the emergency.
TEX. EXEC. CODE § 41.0011 (Vernon Supp. 2000).
WHEREAS, the City Council desires to hold such special election on a date earlier
than the first Saturday in May, 2001.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
SECTION 1. 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. The City Council hereby
finds that this resolution implements Governmental Affairs Policy 6.1 of the Century Plan
- Policy Plan Element, which states: "All citizens actively participate in governmental
Resolution Requesting Special Election No.
Page 1 of 2
functions"; and further finds that the adoption of this resolution is not inconsistent or in
conflict with any other Century Plan Policies, as required by Section 1.05 of the
Administrative Chapter of the Policy Plan.
SECTION 2. The City Council of the City of Georgetown respectfully requests that
the Honorable Rick Perry, Governor of the State of Texas, consider the request of the City
to hold a special election for the purpose of filling the vacancy created by the automatic
resignation of District 7 City Councilmember Ferdinand Tonn when he filed as a candidate
and ran for Mayor in March 1998. The City Council submits that the nature of the
emergency is that the City is required to comply with the mandates of Article XI, Section
11 of the Texas Constitution and Attorney General Decision JC-0318. The City requests
that the Governor issue a proclamation or order for an emergency election in accordance
with § 41.0011(c) of the Texas Election Code.
SECTION 3. The Mayor is hereby authorized to execute, and the City Secretary to
attest thereto.
SECTION 4. This resolution shall be effective immediately upon adoption.
RESOLVED this 9th day of January, 2001.
ATTEST,:
4
Sandra D. Lee
City Secretary
,.APPROVED AS TO FORM:
/Ma i nn'etan8l6ris Banks
City Attorney
THE CITY OF GEORGETOWN:
MaryEllen Kersch
Mayor
Resolution Requesting Special Election No. 49/0 IV/ —00
Page 2 of 2