HomeMy WebLinkAboutAgenda CC 11.12.2010 SpecialNotice of Meeting of the
Governing Body of the
City of Georgetown, Texas
NOVEMBER 12, 2010
The Georgetown City Council will meet on NOVEMBER 12, 2010 at 1:00 P.M. at the Council Chambers at
101 E. 7th Street
If you need accommodations for a disability, please notify the city in advance.
Regular Session
(This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose
authorized by the Open Meetings Act, Texas Government Code 551.)
A SPECIAL SESSION TO BEGIN NO EARLIER THAN 1:00 PM
CANVASS OF NOVEMBER 2, 2010 SPECIAL ELECTION RESULTS
• Call to Order
B Consideration and possible action to approve a resolution canvassing the votes for the November 2,
2010 Special Election, declaring the results to be official — Jessica Brettle, City Secretary and Mark
Sokolow, City Attorney
C Adjournment
Certificate of Posting
I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 11.3 E. 8th Street, a place readily accessible to the general public at all
times, on the day of , 2010, at , and remained so posted for at least
72 continuous hours preceding the scheduled time of said meeting.
Jessica Brettle, City Secretary
City of Georgetown, Texas
November 12, 2010
SUBJECT:
SPECIAL SESSION TO BEGIN NO EARLIER THAN 1:00 PM
CANVASS OF NOVEMBER 2, 2010 SPECIAL ELECTION RESULTS
• Call to Order
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Jessica Brettle, City Secretary
Cover Memo
Item # A
City of Georgetown, Texas
November 12, 2010
Consideration and possible action to approve a resolution canvassing the votes for the November 2, 2010
Special Election, declaring the results to be official — Jessica Brettle, City Secretary and Mark Sokolow, City
Attorney
[MY"U&IN lu/.11
Votes have been tabulated by the Williamson County Elections Division and unofficial results were
announced on Tuesday evening, November 2, 2010.
Chapter 321 of the Texas Tax Code states: within 10 days after an election in which the voters approve of the
adoption or the abolition of a tax authorized by the chapter, the governing body of the municipality shall by
resolution or ordinance entered in its minutes of proceedings, declare the results of the election. [Tax Code,
Sec. 321.405 (a)]
As the Canvassing Committee, the Council will be asked to compare the vote tabulations provided by the
Williamson County Elections Administrator with the official tabulation to be placed in the City of
Georgetown Election Register. The vote tabulation and results of the election will be considered official and
will be approved when the Council passes this resolution.
The City Secretary will then send to the State Comptroller a certified copy of the resolution along with a map
of the municipality showing its boundaries. Not later than the 30th day after the date the comptroller
receives the documents showing the adoption of the municipal sales tax, the comptroller shall notify the
Secretary that he is prepared for the administration of the tax. [Tax Code, Sec. 321.405 (c)]
Please see attached for a copy of the Resolution and the applicable sections of the Election Code and Tax
Code.
The Williamson County Elections ballot board will finalize the votes on November 9, 2010. The final vote
tally and unofficial tabulation will be provided to the City Council as soon as possible prior to the canvass.
FiNANCIAL IMPACT:
SUBMITTED BY:
Jessica Brettle, City Secretary
ATTACHMENTS:
Resolution Canvassing November 2, 2010 Special Election
Texas Tax Code —Chapter 321
Texas Election Code —Chapter 67
Official Tabulation for the City's Election Register
Williamson County Election Returns- By Precinct
Cover Memo
Item # B
Attachment number 1
Page 1 of 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE
CITY OF GEORGETOWN NOVEMBER 2, 2010 SPECIAL ELECTION
PERTAINING TO THE PROPOSITION OF "THE REAUTHORIZATION OF THE
LOCAL SALES AND USE TAX IN THE CITY OF GEORGETOWN, TEXAS AT THE
RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE PROVIDING
REVENUE FOR THE MAINTENANCE AND REPAIR OF MUNICIPAL STREETS."
WHEREAS, on August 24„ 2010, the City Council of the City of Georgetown, Texas
adopted Ordinance No. 2010-26 which ordered an election to be held on November 2, 2010, for
the purpose of seeking voter response to the proposition of "the reauthorization of the local sales
and use tax in the City of Georgetown, Texas at the rate of one-fourth of one percent to continue
providing revenue for the maintenance and repair of municipal streets" pursuant to Chapter 327
of the Texas Tax Code;
WHEREAS, the election officers who held said election have prepared the returns of the
results thereof, and the returns have been delivered to the City Council; and
WHEREAS, according to Section 67.003 of the Election Code, the local canvassing
authority shall convene to conduct the local canvass not earlier than the eighth day or later than
the eleventh day after the Election Day; and
WHEREAS, the last day to canvass the results for a sales tax election is the tenth day
after the Election, per Section 321.405 Texas Tax Code; and
WHEREAS, according to said returns, duly and legally made, a copy of which is attached
as Exhibit "A," the proposition received the following votes:
The reauthorization of the local sales and use tax in the City of Georgetown, Texas, at
the rate of one-fourth of one percent to continue providing revenue for maintenance and
repair of municipal streets.
Early Votes Election Day Total
rt+eY-11r,210"I
WHEREAS, the total number of votes cast for and against was with the
proposition being approved by votes for to votes against;
2010 Special Electron Resolution No.
Page 1 of 2 Pages
Item # B
Attachment number 1
Page 2 of 3
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 officially finds and determines that the election was duly ordered and called,
that proper notice of the election was given in accordance with law, that proper election officers
were duly appointed prior to the election, that the election was held in accordance with the
applicable laws, that the City complied with the Federal Voting Rights Act, the Texas Election
Code, and the Texas Tax Code, that returns of the results of the election have been made and
delivered, and that the City Council has canvassed the returns, all in accordance with the law
and the Ordinance calling the election.
The City Council officially finds and determines, as is evidenced on the official tabulation of votes
which is included herein as Exhibit A, that the proposition for the reauthorization of the local
sales and use tax in the City of Georgetown, Texas, at the rate of one-fourth of one percent to
provide revenue for maintenance and repair of municipal streets was approved.
SECTION IV.
It is further found and determined that in accordance with the order of this governing body, the
City Secretary posted written notice of the date, place and subject of this meeting on the bulletin
board located outside of the City Hall, a place convenient and readily accessible to the general
public, and said notice was posted and remained posted continuously for at least 72 hours
preceding the scheduled time of the meeting. A copy of the posting shall be attached to the
minutes of this meeting and shall be made a part thereof for all intents and purposes.
SECTION V.
It is further found and determined that a certified copy of this Resolution shall be sent to the
Comptroller of the State of Texas by certified or registered mail by the City Secretary with a map
of the City of Georgetown clearly showing its boundaries.
2010 Special Election Resolution No.
Page 2 of 2 Pages
Item # B
Attachment number 1
Page 3 of 3
PASSED AND APPROVED this th day of November, 2010.
George Garver
Mayor
ATTEST:
Jessica Brettle
City Secretary
2010 Special Election Resolution No.
Page 3 of 2 Pages
Mark T. Sokolow
City Attorney
Item # B
WILLIAMSON COUNTY
JOINT GENERAL ELECTION 2010.- 1.1/2/2010
Street Maintenance Sales Tax
Grand Totals:
22 of 22 Precincts
City of Georgetown Prop. 2
Total Votes
%
EV iVo
EV paper
Eday iVo
Eday M100
mail & prov
For
13565
79.68
9662
341
766
2789
7
,
Total
3459
20.32
2321
94
193
850
1
17024
11983
435
959
3639
S
Over Votes
2
0
0
0
2
0
Under Votes
595
291
87
29
188
0
Item # B
Page 1 of 12
Precinct 142
City of Georgetown Prop. 2 ( Total Votes ( % ( EV Wo I EV paper ( Eday Wo I Eday M100 I mail & prov
For
263
74.72
130
22
39
72
0
89
25.28
38
5
10
36
0
Total
352
168
27
49
108
0
Over Votes
0
0
0
0
0
0
Under Votes
42
12
6
7
17
0
Precinct 168
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
167
78.04
86
3
32
46
0
ElAiiii��
47
21.96
21
1
6
19
0
Total
214
107
4
38
65
0
Over Votes
0
0
0
0
0
0
Under Votes
12
4
3
3
2
0
Item # B
Page 2 of 12
Precinct 301
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
746
74.97
41.0
13
51
272
0
�tst
249
25.03
131
8
15
95
0
Total
995
541
21
66
367
0
Over Votes
0
0
0
0
0
0
Under Votes
54
28
8
2
16
0
Precinct 302
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
177
81.19
90
10
26
51
0
41
18.81
19
0
6
16
0
Total
218
109
10 r
32
67
0
Over Votes
1
0
0
0
1
0
Under Votes
8
3
0
0
5
0
Item # B
Page 3 of 12
Precinct 305
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
83
74.11
38
0
14
31
0
t
29
25.89
11
0
4
14
0
Total
112
49 `
0
18
45
0
Over Votes
0
0
0
0
0
0
Under Votes
2
0
0
0
2
0
Precinct 314
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
623
78.27
400
13
49
159
2
173
21.73
95
9
11
58
0
Total
796
495
22
60
217
2
Over Votes
0
0
0
0
0
0
Under Votes
29
8
4
1
16
0
Item # B
Page 4 of 12
Precinct 330
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
5
55.56
3
1
0
1
0
t
4
44.44
2
0
0
2
0
Total
9
5
1
0
3
0
Over Votes
0
0
0
0
0
0
Under Votes
1
1
0
0
0
0
Precinct 332
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
117
78
82
5
4
26
0
LM2�im
33
22
19
1
2
11
0
Total
150
101i
6
6 `
37
0
Over Votes
0
0
0
0
0
0
Under; Votes
11
6
4
0
1
0
Item # B
Page 5 of 12
Precinct 343
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
762
77.6
493
11
8
249
1
„
�t
220
22.4
140
4
2
74
0
Total
982
633
15
10
323
1
Over Votes
1
0
0
0
1
0
Under Votes
24
10
0
0
14
0
Precinct 345
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
290
76.72
158
5
6
121
0
itt
88
23.28
54
4
0
30
0
Total
378
212
9
6
151
0
Over Votes
0
0
0
0
0
0
Under Votes
13
4
0
0
9
0
Item # B
Page 6 of 12
Precinct 357
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
409
76.31
238
18
55
97
1
z�t
127
23.69
76
1
17
32
1
Total
536
314`«
19
72
129
2
Over Votes
0
0
0
0
0
0
Under Votes
22
8
1
3
10
0
Precinct 367
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
94
83.93
48
5
9
32
0
�t
1.8
1.6.07
11
0
1
6
0
Total
112
59
5
10
38
0
Over Votes
0
0
0
0
0
0
Under Votes
1
1
0
0
0
0
Page 7 of 12
Precinct 369
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
735
75.77
397
24
19
294
1
n G
235
24.23
128
6
8
93
0
Total
970
525
30
27
387
1
Over Votes
0
0
0
0
0
0
Under Votes
28
10
3
0
15
0
Precinct 370
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
346
84.39
207
18
49
72
0
nt,j
64
15.61
32
1
9
22
0
Total
410
239
19
58
94
0
Over Votes
0
0
0
0
0
0
Under Votes
8
4
2
1
1
0
Item # B
Page 8 of 12
Precinct 371
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
596
78.11
386
17
27
1.66
0
167
21.89
108
4
3
52
0
Total
763
494
21
30
218
0
Over Votes
0
0
0
0
0
0
Under Votes
21
9
5
0
7
0
Precinct 379
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
1370
79.33
831
21
82
435
1
222�i�
Total
357
1727
20.67
183
1014
6
27
32
114'
136
571
0
1
Over Votes
0
0
0
0
0
0
Under Votes
54
14
8
4
28
0
Item # B
Page 9 of 12
Precinct 381
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
2323
81.28
2046
45
74
158
0
'� r tt[
535
18.72
473
18
10
34
0
Total
2858
2519
63
84
192
0
Over Votes
0
0
0
0
0
0
Under Votes
88
54
16
1
17
0
Precinct 392
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
628
80.1
380
23
77
1.48
0
t
Total
156
784
19.9
88
468
5
28
25
102'
38
186
0
0
Over Votes
0
0
0
0
0
0
Under Votes
24
9
6
0
9
0
Item # B
Page 10 of 12
Precinct 394
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
301
82.47
248
8
6
39
0
64
17.53
54
4
2
4
0
'Ag
Total
365
302
12
8
43
0
Over Votes
0
0
0
0
0
0
Under Votes
12
7
2
1
2
0
Precinct 396
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
1923
84.16
1649
50
67
156
1
` t
Total
362
2285
15.84
311
1960
6
56
10
77
35
191
0
1
Over Votes
0
0
0
0
0
0
Under Votes
88
58
16
4
10
0
Item # B
Page 11 of 12
Precinct 399
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
1605
80.05
1341
29
72
163
0
MM��
400
19.95
327
11
20
42
0
Total
2005
1668
40
92
205
0
Over Votes
0
0
0
0
0
0
Under Votes
53
41
3
2
7
0
Precinct 484
City of Georgetown Prop. 2
Total Votes
%
EV Wo
EV paper
Eday Wo
Eday M100
mail & prov
For
2
66.67
1
0
0
1
0
t gat
Total
1
33.33
0
0
0
1
0
3
1
0
0
2
0
Over Votes
0
0
0
0
0
0
Under Votes
0
0
0
0
0
0
Item # B
Page 12 of 12
City of Georgetown Official Tabulation by Precinct
November 2, 2010
114 cent Sales Tax Proposition - Proposition 2
EARLY VOTING
152
43
Precinct 142
Precinct 168 `i
89
22
Precinct 301
423
139
Precinct 302
100
19
Precinct 305
38
11
Precinct 314
413
104
Precinct 330
4
2
Precinct 332 i
87
20
Precinct 343
504
144
Precinct 345 `
163
58
Precinct 357
256
77
Precinct 367
53
Pa941 of i
Precinct369
421
134
Precinct 370
225
33
Precinct371
403
112
Precinct 379
852
189
Precinct381
2091
491
Precinct 392 `
403
93
Precinct 394
256
58
Precinct 396
1699
317
Precinct399
1370
338
Precinct 484
1
0
Total' Votes
10003
2,415
ELECTION DAY1
Precinct 142
Ill
46
Precinct 168 '-
78
25
Precinct 301
323
110
Precinct 302
77
22
Precinct 305
45
18
Precinct 314
210
69
Precinct 330
1
2
Precinct 332
30
13
Precinct343
258
76
Precinct 345 '
127
30
Precinct 357
153
50
Precinct 367
41
7
Precinct 369
314
101
Precinct 370
121
31
Precinct 371
193
55
Precinct 379
518
168
Precinct 381
232
44
Precinct 392
225
63
Precinct 394
45
6
Precinct 396 ''
224
45
Precinct 399
235
62
Precinct 484
1
1
Total Votes
3,562
1,044
I, George Garver, Mayor of the City of Georgetown, met with the City Council, sitting as the Canvassing
Board, to canvass the results of the Special Election of the City of Georgetown, held on November 2, 2010,
and do hereby certify that the figures on this Official Tabulation correspond with the figures on the Media
Report provided by the Williamson County Elections Administrator. Witness my hand this 12th day of
November, 2010.
George Garver, Mayor Attest:
iding Officer of the Canvassing Authority Jessica Brettle, City Secretary Item # B
TAX CODE CHAPTER 321. MUNICIPAL SALES AND USE TAX ACT Page 1 of 1
Attachment number 4
Page 1 of 1
Sec. 321.405. OFFICIAL RESULTS OF ELECTION. (a) Within 10
-days after an election in which the voters approve of the adoption or
abolition of a tax authorized by this chapter, the governing body of
the municipality shall by resolution or ordinance entered in its
minutes of proceedings, declare the results of the election. A
resolution or ordinance under this section must include statements
showing:
(1) the date of the election;
(2) the proposition on which the vote was held;
(3) the total number of votes cast for and against the
proposition; and
(4) the number of votes by which the proposition was
approved.
(b) If the application of the taxes that may be imposed under
this chapter is changed by the results of the election, the municipal
secretary shall send to the comptroller by United States certified or
registered mail a certified copy of the resolution or the ordinance
along with a map of the municipality clearly showing its boundaries
(c) Not later than the 30th day after the date the comptroller
receives a certified copy of an ordinance or resolution showing the
adoption of the additional municipal sales and use tax, the
comptroller shall notify the municipal secretary that he is prepared
for the administration of the tax.
Added by Acts 1987, 70th Leg.,-ch. 191, Sec. 1, eff. Sept. 1, 1987.
Item # B
http://www.statutes.legis.state.tx.us/Does/TX/htm/TX.321.htm 11/9/2010
ELECTION CODE CHAPTER 67. CANVASSING ELECTIONS Page 1 of 2
Attachment number 5
Page 1 of 2
Sec. 67.004 PROCEDURE FOR LOCAL CANVASS (a) At the time set
for convening the canvassing authority for the local canvass, the
presiding officer of the canvassing authority shall deliver the
sealed precinct returns to the authority. The authority shall open
the returns for each precinct and canvass them as provided by this
section. Two members of the authority constitute a quorum for
purposes of canvassing an election.
(b) The canvassing authority shall prepare a tabulation stating
for each candidate and for and against each measure:
(1) the total number of votes received in each precinct;
and
(2) the sum of the precinct totals tabulated under
Subdivision (1).
(b=1) The tabulation in Subsection (b) must also include for
each precinct the total number of voters who cast a ballot for a
candidate or for or against a measure in the election. The secretary
of state shall prescribe any procedures necessary to implement this
subsection.
(c) The canvassing authority may prepare the tabulation as a
separate document or may enter the tabulation directly in the local
election register maintained for the authority. The authority shall
attach or include as part of the tabulation the report of early
voting votes by precinct received under Section 87.1231
(d) The canvassing authority may compare the precinct returns
with the corresponding tally list. If a discrepancy is discovered
between the vote totals shown on the returns and those shown on the
tally list for a precinct, the presiding judge of the precinct shall
examine the returns and tally list and make the necessary corrections
on the returns.
(e) On completion of the canvass, the presiding officer of the
canvassing authority shall deliver the tabulation to the custodian of
the local election register unless it is entered directly in the
election register. The custodian shall preserve the tabulation for
the period for preserving the precinct election records.
(f) On completion of the canvass, the presiding officer of the
canvassing authority shall deliver the precinct returns, tally lists,
and early voting precinct report used in the canvass to the general
custodian of election records. Thecustodianshall preserve them for
Item # B
http://www.statutes.legis.state.tx.us/Does/EL/htm/EL.67.htm 11/9/2010
ELECTION CODE CHAPTER 67. CANVASSING ELECTIONS Page 2 of 2
Attachment number 5
Page 2 of 2
the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec:- 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 114,;Sec. 10, eff. Sept. 1, 1989; Acts
1991, 72nd Leg., ch. 203,-Sec. 1.01, 2.51; Acts 1991, 72nd Leg., ch.
554, Sec. 22, eff. Sept. 1, 1991; Acts 1993 73rd Leg., ch. 728, Sec.
23, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1349, Sec. 32, eff.
Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1107, Sec. 1.14, eff. September 1,
2005.
Item # B
http://www.statutes.legis.state.tx.us/Does/EL/htm/EL.67.htm 11/9/2010
City of Georgetown, Texas
November 12, 2010
SUBJECT:
Adjournment
ITEM SUMMARY:
SUBMITTED BY:
Jessica Brettle, City Secretary
Cover Memo
Item # C