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HomeMy WebLinkAboutRES 081021-U - Local Option ElectionRESOLUTION NO. 6 :5 10 2-1 - D A RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS, ORDERING A SPECIAL LOCAL OPTION ELECTION TO LEGALIZE THE SALE OF ALL ALCOHOLIC BEVERAGES, INCLUDING MIXED BEVERAGES, TO BE HELD ON NOVEMBER 2, 2021; AND ESTABLISHING PROCEDURES FOR SAID ELECTIONS. WHEREAS, the City Council is composed of a Mayor and seven Council Members per Article II of the City Charter; and WHEREAS, Chapter 501 of the Texas Election Code and Chapter 251 of the Texas Alcoholic Beverage Code provide for the holding of local option elections; and WHEREAS, Section 501.032 of the Texas Election Code requires a city to order a local option election upon receipt of a valid petition containing signatures equal to or greater than at least thirty-five percent (35%) of the registered voters in the city who voted for governor in the most recent gubernatorial election; and WHEREAS, a Petition for Local Option Election was presented to the City Clerk of the City of Georgetown, Texas, on July 11, 2021, and the City Secretary has verified that the Petition exceeds the number of signatures of qualified voters required to request a local option election be held for the legal sale of all alcoholic beverages including mixed beverages; and WHEREAS, Section 501.032 of the Texas Election Code requires the City Council at its next regular session, on or after the 30th day after the petition is filed, to order a Local Option Election to be held on the issue set out in the Petition; and WHEREAS, pursuant to Section 501.032 of the Texas Election Code, the City Council shall by this Resolution order a Special Local Option Election to be held on a uniform election day, said date being November 2, 2021, establish the procedure to be followed in said election, and designate the voting places for said election. Resolution No.: Qi) bZ _I —II Page 1 of 7 Ordering a Local Option Election on November 2, 2021 Date Adopted: August 10, 2021 NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: SECTION 1. SPECIAL LOCAL OPTION ELECTION ORDERED A Special Local Option Election is hereby ordered to be held on November 2, 2021 for the purposes of considering the following: The legal sale of aII alcoholic beverages including mixed beverages in the City of Georgetown. SECTION 2. 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 3. CONDUCT OF ELECTION Pursuant to Chapter 501 of the Texas Election Code, the City Council is further ordering that this Special Local Option Election be conducted under the terms and conditions of a Joint Election Agreement and Contract for Election Services ("Joint Election Agreement") between the City of Georgetown and Williamson County. 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. In addition, this will be a joint election conducted with other entities that will also hold an election on November 2, 2021 pursuant to the Joint Election Agreement. As authorized by Chapter 31, Subchapter D of the Texas Election Code, the Georgetown City Council hereby appoints the Williamson County Elections Administrator, Christopher J. Davis, 301 Inner Loop, Suite 104, Georgetown, Texas 78626, as the election officer for the purpose of conducting the November 2, 2021 Special Local Option Election. This appointment includes services as Early Voting Clerk for the Election, Counting Station Manager, Presiding Judge of the Central Counting Station, Alternate Judge and Tabulation Supervisor. In addition to and in accordance with Chapter 66 and Chapter 31 of the Texas Election Code, the City Council hereby appoints Williamson County Elections Administrator, Christopher J. Davis, as agent for the Custodian of Records ("Agent") for the November 2, 2021 General Election for the purpose of preserving voted ballots and other election Resolution No.: I —Q Page 2 of 7 Ordering a Local Option Election on November 2, 2021 Date Adopted: August 10, 2021 records as required by the Texas Election Code. The City hereby designates the election precincts and polling places designated by the Williamson County Elections Administrator and approved by the Williamson County Commissioners Court for Election Day voting, and same are delineated on Exhibit A-1 attached to the Order of Election and incorporated herein by reference for all purposes. SECTION 4. EARLY VOTING Early Voting by Personal Appearance shall take place at the locations and times delineated by the Williamson County Election Administrator per the Joint Election Agreement beginning on the 12th day preceding the date of the election, which is Monday, October 18, 2021, and ending on the fourth day before Election Day, which is Friday, October 29, 2021. Those locations are delineated on Exhibit B-1, attached to the Order of Election and incorporated herein by reference for all purposes. If the Elections Administrator plans to change any of the polling locations or the dates and times, he shall timely notify the City of Georgetown so that the appropriate Justice Department Submission can be made by the City Attorney and the City Council can be made aware thereof and be given the opportunity to comment thereon. The Early Voting Clerk's mailing address to which applications for ballots by mail may be sent, for voters residing in Williamson County, is as follows: Early Voting Clerk Williamson County Post Office Box 209 Georgetown, TX 78627 A completed, scanned application for a ballot by mail containing an original signature may be submitted electronically to bbmgwilco.org. Applications for ballot by mail must be received no later than Friday, October 22, 2021. The last day to receive ballots by mail is Tuesday, November 2, 2021 at 7:00 p.m. or Wednesday, November 3, 2021 (next business day after Election Day) at 5:00 p.m. if carrier envelope is postmarked by 7:00 p.m. at the location of the election on Election Day, unless overseas or military deadlines apply. SECTION 5. ELECTION DAY VOTING Election Day Voting shall take place from 7:00 a.m. to 7:00 p.m. at the locations delineated by the Williamson County Election Administrator per the Joint Election Agreement. If the Elections Administrator 121ans_ta Change any of the polling locations or the times. he/she Resolution No.: OW 0 Zl — U Page 3 of 7 Ordering a Local Option Election on November 2, 2021 Date Adopted: August 10, 2021 shall timely notify the City of Georgetown so that the appropriate Justice Department Submission can be made by the City Attorney and the City Council can be made aware thereof and be given the opportunity to comment thereon. SECTION 6. 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 Local Option 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 7. CANVASSING OF RETURNS; DECLARING RESULTS The Williamson County Elections Administrator, as Georgetown's designated election officer, shall provide the written return of the Election results to the City of Georgetown in accordance with the Texas Election Code. The City Council shall canvass the returns on a date and time set by the Mayor between the dates of November 5, 2021 and November 13, 2021 and declare the results of the Special Local Option Election in accordance with the Texas Election Code Section 67.003(b), which provides that for elections held on the uniform election date in November, the following provisions apply: For an election held on the uniform election date in November, the local canvass must occur not later than the 11th day after Election Day and not earlier than: (1) the third day after election day; (2) the date on which the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election; or the date on which all timely received ballots cast from addresses outside of the United States are counted, if a ballot to be voted by mail in the election was provided to a person outside of the United States. SECTION 8. NOTICE OF ELECTION Resolution No.: 6 81 0 Z I- 1) Page 4 of 7 Ordering a Local Option Election on November 2, 2021 Date Adopted: August 10, 2021 Notice of the Local Option Election shall be published at least 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 Local Option Election and as otherwise may be required by the Texas Election Code. Notice of the Local Option 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 21stday before the Local Option Election. SECTION 9. AUTHORIZATION TO EXECUTE The Mayor of the City of Georgetown is authorized to execute and the City Secretary is authorized to attest to the 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 Local Option Election which includes the giving of and the publication of the Notice of Election to be in a form as to be approved by the City Attorney. SECTION 10. BALLOT The official ballot to be used in the Election shall be prepared in accordance with Sections 501.035 and 501.109 of the Texas Election Code. The ballot shall permit the voter to vote "For" or "Against" the aforementioned proposition and shall be set forth substantially in the following form: PROPOSITION (Letter to be Determined) THE LEGAL SALE OF ALL ALCOHOLIC BEVERAGES INCLUDING MIXED BEVERAGES. For Against SECTION 11. 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. Resolution No.: D$ 1021 - l) Page 5 of 7 Ordering a Local Option Election on November 2, 2021 Date Adopted: August 10, 2021 SECTION 12. EFFECTIVE DATE This Resolution shall be effective immediately upon its approval. PASSED AND APPROVED this loth day of August 2021 by the City Council of the City of Georgetown. ATTEST: THE CITY OF GEORGETOWN Robyn De more, City Secretary APPROVED AS TO FORM: .44 lcye Masson, City Attorney Resolution No.: d$1() 2t — (.) Page 6 of 7 Ordering a Local Option Election on November 2, 2021 Date Adopted: August 10, 2021 EXHIBIT A ORDER OF ELECTION CITY OF GEORGETOWN, TEXAS A Special Local Option Election is hereby ordered to be held on Tuesday, November 2, 2021 for: THE LEGAL SALE OF ALL ALCOHOLIC BEVERAGES INCLUDING MIXED BEVERAGES Election day voting and early voting by personal appearance will be conducted at the locations designated by the Williamson County Elections Administrator and approved by the Williamson County Commissioners Court, all as are delineated on Exhibits A-1 and B-1, attached hereto and incorporated herein by reference for all purposes. Applications for ballots by mail shall be mailed to: Williamson County Early Voting Clerk Post Office Box 209 Georgetown, TX 78627 A completed, scanned application for a ballot by mail containing an original signature may be submitted electronically to bbi-nkwilco.org. Applications for ballot by mail must be received no later than Friday, October 22, 2021. The last day to receive ballots by mail is Tuesday, November 2, 2021 at 7:00 p.m. or Wednesday, November 3, 2021 (next business day after Election Day) at 5:00 p.m. if carrier envelope is postmarked by 7:00 p.m. at the location of the election on Election Day, unless overseas or military deadlines apply. Issued this loth day of August 2021. josh Schroeder, Ma Ci of Geor n, Texas Resolution No.:. D $l 02 l — L) Page 7 of 7 Ordering a Local Option Election on November 2, 2021 Date Adopted: August 10, 2021