G-08-02-14-8A2 - 2/14/2008 ORDINANCE NO. r--,,r-(y,?-02-
AN
ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS,
CALLING AN ELECTION ON MAY 10, 2008 FOR THE PURPOSE
OF ELECTING CERTAIN CITY OFFICIALS AND FOR
SUBMITTING TO THE VOTERS CERTAIN PROPOSED
AMENDMENTS TO THE HOME RULE CHARTER OF THE CITY;
DESIGNATING ELECTION PRECINCTS AND POLLING PLACES;
PROVIDING FOR EARLY VOTING; PROVIDING FOR
PERFORMANCE OF REQUIRED ADMINISTRATIVE DUTIES;
AND PROVIDING FOR OTHER MATTERS RELATING TO SUCH
CITY ELECTION.
WHEREAS, the City Council of the City of Round Rock,
Texas, wishes to order a general city election on May 10, 2008
for the purpose of electing Mayor, Councilmember Place 1, and
Councilmember Place 4; and
WHEREAS, the City Council additionally wishes to order a
special city election on May 10, 2008 for the purpose of
electing Councilmember Place 2 (unexpired term) ; and
WHEREAS, the City Council additionally wishes to submit to
the voters at the same election certain proposed amendments to
the Home Rule Charter of the City of Round Rock; and
WHEREAS, Section 13 . 11 of the charter for the City of
Round Rock provides that proposed amendments to such charter may
be "framed and submitted to the voters of the City in the manner
provided by Tex. Loc. Gov' t Code Ann. , Chapter 9, as amended; "
and
WHEREAS, Vernon' s Texas Codes Annotated," Local Government
Code §9. 004 (a) provides that the "governing body of a
00129528/jkg
municipality on its own motion mcly submit a proposed charter
amendment to the municipality' s qualified voters for their
approval at an election; " and
WHEREAS, certain charter amendments are being proposed for
submission to the qualified voters of the City of Round Rock;
and
WHEREAS, Vernon' s Texas Codes Annotated, Local Government
Code §9. 004 (b) requires the charter amendment election to be
held on the first authorized uniform election date prescribed by
the Election Code which allows sufficient time to comply with
other requirements of law and which occurs on or after the
thirtieth (30th) day after the date on which the ordinance is
adopted; and
WHEREAS, the City Council has determined that May 10, 2008
is the appropriate date for holding the election to elect Mayor,
Councilmember Place 1 and Councilmember Place 4, and for
electing Councilmember Place 2 (unexpired term) , and for holding
the charter amendment election; and
WHEREAS, the City Council wishes to encourage all
registered voters in the city to vote in this election; Now,
Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS, THAT:
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I .
Section 1. ELECTION DATE, PRECINCTS AND POLLING PLACES, AND
ELECTION JUDGES.
Election Date. An election shall be held on Saturday, May 10,
2008 in accordance with the attached Order of Election, which
Order of Election is labeled as Exhibit "A" and incorporated
herein by reference for all purposes .
Precincts and Polling Places. The City hereby designates t h e
election precincts and polling places designated by the
Williamson County Elections Administrator, and approved by the
Williamson County Commissioners Court, for such Election Day
voting. Further, the City hereby designates the early voting
polling places and the temporary polling places designated by
the Williamson County Elections Administrator, and approved by
the Williamson County Commissioners Court, for early voting in
such election.
Election Judges. The Williamson County Elections Administrator
is conducting such election for the City pursuant to the terms
of a Contract for Election Services. The City Council hereby
appoints, for the term of such election, the presiding election
judge (s) and alternate election Judge (s) as being those
designated by the Williamson County Elections Administrator.
Section 2. ELECTION CLERKS.
The presiding election judge is hereby authorized to
appoint the number of election clerks necessary to assist in the
proper conduct of the election, and such election clerks shall
be qualified voters of the City of Round Rock, Texas. If the
election is conducted by the regularly appointed presiding
election judge, then the alternate presiding election judge
shall be appointed to serve as one of the clerks. The
appointment of such clerks shall include a person fluent in the
Spanish language to serve as a clerk to render oral aid in the
Spanish language to any voter desiring such aid at the polls on
the day of the election.
Section 3. EARLY VOTING.
Early Voting Clerk. The City Council hereby appoints the
Williamson County Elections Administrator as the City of Round
Rock Election Officer and Early Voting Clerk. The Early Voting
Clerk' s mailing address to which ballot applications and ballots
to be voted by mail may be sent is as follows:
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Williamson County Elections Administrator
Post Office Box 209
Georgetown, TX 78627-0209
Applications for ballots by mail must be received not later
than 5 : 00 p.m. on May 2, 2008 .
Dates for Early Voting. Early voting shall commence on April 28,
2008 and continue through May 6, 2008, as provided by the Texas
Election Code and as shown on attached exhibits .
Places for Early Voting. Early voting shall be conducted by
personal appearance and by mail at the early voting polling
places designated by the Williamson County Elections
Administrator and approved by the Williamson County
Commissioners Court .
Times for Early Voting. During the period in which early voting
is required or permitted by law, that being April 28, 2008
through May 6, 2008, the hours designated for early voting by
personal appearance shall be designated in writing by the
Williamson County Elections Administrator, and approved by the
Williamson County Commissioners Court.
Section 4. EARLY VOTING BALLOT BOARD.
An Early Voting Ballot Board is hereby created to process
early voting results, and the City hereby appoints the presiding
judge of the Early Voting Ballot Board as appointed by the
Williamson County Elections Administrator. Such presiding judge
shall appoint not less than two (2) other qualified members to
serve on such Board.
Section 5. CUSTODIAN OF ELECTION RECORDS.
Pursuant to the Texas Election Code and the applicable
Election Services Contract, the Williamson County Elections
Administrator shall be appointed as Custodian of Election
Records .
Section 6. CANDIDATE FILING PERIOD.
In accordance with applicable provisions of law, the
deadline for filing an application for a place on the ballot for
this election is declared to be 5 : 00 pm March 10, 2008 .
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Section 7. VOTERS.
All resident, qualified voters of the City shall be
entitled to vote at the election.
Section 8. NOTICE.
Posting. Notice of this election, including a Spanish
translation hereof, shall be given by posting the appropriate
documentation on the bulletin board used for posting notices of
City Council meetings, and same shall be posted not later than
April 18, 2008 and shall remain posted through Election Day.
Publication. Notice of this election, including a Spanish
translation hereof, shall be published once in a newspaper of
general circulation in the City, the publication to appear not
more than thirty (30) days and not less than ten (10) days prior
to the date of the election, that being between the period April
10, 2008 and April 30, 2008 .
Authorization to City Secretary. The City Secretary is hereby
authorized and directed to publish and post the required notices
in the manner and for the time periods required by law.
Section 9. VOTING DEVICES.
Pursuant to the Election Code and the applicable Election
Services Contract, the Williamson County Elections Administrator
may use electronic voting systems and corresponding voting
devices and equipment in conducting the election. The Elections
Administrator is currently using Election Systems and Software,
Optical Ballot Scanner, Model 650 certified by the Texas
Secretary of State.
The City Council of the City of Round Rock hereby finds as
follows :
Section 61 . 012, Texas Election Code, requires that at least
one accessible voting system must be provided in each polling
place used in a Texas election on or after January 1, 2006. Such
system must comply with state and federal laws setting the
requirements for voting systems that permit voters with physical
disabilities to cast a secret ballot. The Office of the Texas
Secretary of State has certified that the DRE - Election Systems
and Software iVotronic, Version 8 . 0 . 1 . 0 is an accessible voting
system that may legally be used in Texas elections .
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Sections 123 . 032 and 123 . 035, Texas Election Code,
authorize the acquisition of voting systems by local political
subdivisions and further mandate certain minimum requirements
for contracts relating to the acquisition of such voting
systems . As chief elections officer for the City of Round Rock,
the Williamson County Elections Administrator shall provide at
least one Election Systems and Software iVotronic, Version
8 . 0 . 1. 0 in each polling place at every polling location used to
conduct any election ordered on or after January 1, 2006. The
Election Systems and Software iVotronic, Version 8 . 0 . 1 . 0 may be
acquired by any legal means available to the City of Round Rock,
including but not limited to lease or rental from Williamson
County or from any other legal source, as authorized or required
by Sections 123 . 032 and 123 . 035 of the Texas Election Code.
The Williamson County Elections Administrator may also
utilize a central counting station as provided by Texas Election
Code § 127 . 000 et seq. , as amended.
Section 10. CONDUCT ACCORDING TO STATUTES.
In all substantive respects, the election shall be
conducted in accordance with applicable provisions of the Texas
Election Code, any other applicable statutes, and the City of
Round Rock' s Home Rule Charter.
Section 11. ELECTION RESULTS.
The Williamson County Elections Administrator shall conduct
an unofficial tabulation of results after the closing of the
polls on May 10, 2008 . The official canvass, tabulation and
declaration of the results of the election shall be conducted by
the City Council at a regular or special council meeting held in
accordance with provisions of the Texas Election Code.
Section 12. MISCELLANEOUS.
The provisions of this Ordinance are severable; and in case
any one or more of the provisions of this Ordinance or the
application thereof to any person or circumstance should be held
to be invalid, unconstitutional, or ineffective as to any person
or circumstance, then the remainder of this Ordinance
nevertheless shall be valid, and the application of any such
invalid provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
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Section 13. CHARTER AMENDMENTS.
At the election, the proposed amendments to amend the
charter shall be set forth substantially in the form contained
herein, and said proposed charter amendments shall be submitted
to the qualified voters in accordance with applicable law.
The official ballots shall be prepared so as to permit the
qualified electors to vote on a proposed charter amendment by
ballot title. The ballot title of a proposed charter amendment
may differ from its legal title and shall be a clear, concise
statement describing the substance of the proposed charter
amendment without argument or prejudice. The official ballots
for this charter amendment election shall be prepared so as to
permit the qualified electors to vote "Yes" or "No" on the
proposed charter amendments . Said proposed charter amendments
shall be combined with other allowable matters on the same
ballots, said ballots to contain such provisions, markings and
language as required by law. The proposed charter amendments
shall be expressed substantially as follows :
PROPOSITION NO. 1
AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND
ROCK, TEXAS, PROVIDING FOR ASSISTANTS) TO THE MAYOR AND
COUNCIL APPOINTED BY THE CITY MANAGER, WHICH ASSISTANT(S)
SHALL BE DIRECTED AND SUPERVISED BY THE CITY MANAGER,
MAYOR, AND COUNCIL.
Shall the above described charter amendment be adopted?
Yes ( )
No ( )
PROPOSITION NO. 2
AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND
ROCK, TEXAS, REMOVING PUBLICATION REQUIREMENTS AND ADDING A
PROVISION THAT THE COUNCIL MAY BY ORDINANCE ESTABLISH
ADDITIONAL PUBLICATION REQUIREMENTS.
Shall the above described charter amendment be adopted?
Yes ( )
No ( )
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PROPOSITION NO. 3
AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF ROUND
ROCK, TEXAS, PROVIDING THAT THE CHARTER REVIEW COMMISSION
SHALL PRESENT ITS FINDINGS AND PROPOSALS TO COUNCIL IN A
WRITTEN REPORT CONFORMING TO CERTAIN REQUIREMENTS AND BEING
SIGNED BY AT LEAST A MAJORITY OF ITS MEMBERS.
Shall the above described charter amendment be adopted?
Yes ( )
No ( )
II .
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting was open to the public as required by law at all
times during which this Ordinance and the subject matter hereof
were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
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Alternative 1 .
By motion duly made, seconded and passed with an
affirmative vote of all the City Council members present, the
requirement for reading this Ordinance on two (2) separate days
was dispensed with.
READ, PASSED and ADOPTED on first reading on this
1
day of 2008 .
Alternative 2 .
READ and APPROVED on first reading this the day of
IF 2008 .
READ, APPROVED and ADOPTED on second reading this the
day of , 2008 .
N XWELL, Mayor
City of Round Rock, Texas
ATTEST:
94A 1,- LAW
SARA L. WHITE, City Secretary
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EXHIBIT "A"
ORDER OF ELECTION
CITY OF ROUND ROCK, TEXAS
An Election is hereby ordered to be held on May 10, 2008 for the
purpose of electing Mayor, Councilmember Place 1, Councilmember Place
2 (unexpired term) , Councilmember Place 4, and for submitting certain
proposed amendments to the Home Rule Charter of the City.
Applications for a place on the ballot will be accepted beginning
February 9, 2008 and must be received by 5: 00 p.m. on March 10, 2008 .
Election Day voting shall be conducted at the polling places for the
precincts designated by the Williamson County Elections Administrator
and approved by the Williamson County Commissioners Court, all as are
shown on "Exhibit A to the Order of Election" which is incorporated
herein by reference and made a part hereof for all intents and
purposes. The polls at the designated polling places shall be open on
Election Day from 7 : 00 a.m. to 7: 00 p.m.
The Williamson County Elections Administrator is hereby appointed as
the Election Officer and Early Voting Clerk and Custodian of Election
Records for this election. The presiding judge (s) for each of said
polling places are those designated by the Williamson County Elections
Administrator and the Travis County Elections Administrator, and they
are hereby authorized to appoint additional election clerks (not less
than two and not more than six) to assist in conducting said election.
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 the attached "Exhibit B to the Order of Election" which
is incorporated herein by reference and made a part hereof for all
intents and purposes .
Applications for a ballot by mail shall be mailed to:
Williamson County Elections Administrator
P. 0. Box 209
Georgetown, TX 78627-0209
Applications for ballots by mail must be received no later than the
close of business on May 2, 2008 .
Issued this the 14th day of February, 2008 .
NY E , Mayor
City of Round Rock, Texas
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EXHIBIT
a
.0 "An
D RAFT
EARLY VOTING SCHEDULE
(HORARIO DE LA VOTACION ADELANTADA)
JOINT GENERAL SPECIAL ELECTIONS - MAY 10, 2008
(ELECCIONES GENERALES Y ESPECIALES CONJUNTAS— 10 DE MAYO DEL 2008)
DATES AND TIMES FOR FULL-TIME LOCATIONS:
(FECHAS Y HORAR/OS DE LAS LOCALIDADES DE TIEMPO COMPLETO)
April 28 through May 6 (Del 28 de abril al 6 de mayo)
7:00 a.m. to 7:00 p.m. Weekdays and Saturday (7:00 a.m. — 7:00 p.m. Lunes a Sabado)
Noon —6:00 p.m. on Sunday (12:00 p.m. — 6:00 p.m. Domingo)
FULL-TIME LOCATIONS:
(LOCALIDADES DE TIEMPO COMPLETO)
Main Location: Williamson County Inner Loop Annex, 301 SE Inner Loop, Georgetown 78626
(Localidad Central: Anexo del Condado de Williamson, 301 SE Inner Loop, Georgetown 78626)
Branch Locations (Otras localidades):
Georgetown ISD Admin Bldg, 603 Lakeway Dr., Georgetown 78628
(Edificio Administrativo del Distrito Escolar Independiente de Georgetown, 603 Lakeway Dr., Georgetown 78628)
Sun City Social Center, 2 Texas Dr., Georgetown 78628
(Centro Social de Sun City, 2 Texas Dr., Georgetown 78628)
Clay Madsen Recreation Center, 1600 Gattis School Road, Round Rock 78664
(Centro Recreacional Clay Madsen, 1600 Gattis School Road, Round Rock 78664)
McConico Building, 301 W. Bagdad St., Round Rock 78664
(Edificio McConico, 301 W. Bagdad St., Round Rock 78664)
Brushy Creek Community Center, 16318 Great Oaks Dr., Round Rock 78681
(Centro Comunitario de Brushy Creek, 16318 Great Oaks Dr., Round Rock 78681)
Round Rock ISD Administration Building, 1311 Round Rock Ave., Round Rock 78681
(Edif. Administrativo del Distrito Escolar Independiente de Round Rock, 1311 Round Rock Ave., Round Rock 7868 1)
Round Rock ISD Performing Arts Center, 1800 McNeil Dr., Round Rock 78729
(Centro de Interpretaci6n de las Artes del Distrito Esc. Indep. de Round Rock, 1800 McNeil Dr., Round Rock 78729)
Anderson Mill Municipal Utility District, 11500 El Salido Parkway,Austin 78681
(Servicios Publicos Municipales del Distrito Anderson Mill, 11500 EI Salido Parkway, Austin 78681
Austin Community College Campus, 1555 Cypress Creek Rd., Cedar Park 78613
(Campus del Colegio de la Comunidad de Austin, 1555 Cypress Creek Rd., Cedar Park 78613)
May 08/EV Page 1 of 2 Pages 13108
Cedar Park Public Library, 550 Discovery Blvd., Cedar Park 78613
(Biblioteca Publica de Cedar Park, 550 Discovery Blvd., Cedar Park 78613)
Taylor City Hall, 400 Porter St.,Taylor 76574
(Sala de la Ciudad de Taylor, 400 Porter St., 400, Taylor 76574)
Pat Bryson Municipal Hall, 201 N. Brushy, Leander 78641
(Sala Municipal Pat Bryson, 201 N. Brushy, Leander 78641)
PART-TIME LOCATION, DATES, AND TIMES:
(FECHAS Y HORARIOS DE LAS LOCALIDADES DE TIEMPO LIMITADO)
Hutto City Hall, 401 W. Front St., Hutto 78634
(Sala de la Ciudad de Hutto, 401 W. Front St., Hutto 78634)
Saturday May 3 7 a.m. to 7 p.m.
Sabado 3 de mayo 7 a.m. - 7 p.m.
Sunday May 4 Noon—6 p.m.
Domingo 4 de mayo 12 p.m. — 6 p.m.
Monday—Tuesday May 5-6 7 a.m. to 7 p.m.
Lunes y Mattes 5 y 6 de mayo 7 a.m. — 7 p.m.
Liberty Hill City Hall, 2801 RR 1869, Liberty Hill 78642
(Sala de la Ciudad de Liberty Hill, 2801 RR 1869, Liberty Hill 78642)
Monday May 5 11 a.m.—6 p.m.
Lunes 5 de mayo 11 a.m. — 6 p.m.
Tuesday May 6 7 a.m.—7 p.m.
Mattes 6 de mayo 7 a.m. — 7 p.m
RURAL TEMPORARY LOCATIONS, DATES AND TIMES:
(Fechas y Horarios de las Localidades Rurales Temporales)
Thrall VFD, 210 Main St., Thrall 76578 Thursday May 1 11 a.m.—6 p.m.
(Voluntarios del Departamento de Bomberos de Thrall Jueves 1 de mayo 11 a.m. —6 p.m.
210 Main St., Thrall 76578)
Granger City Hall, 214 E. Davilla, Granger 76530 Friday May 2 11 a.m.—6 p.m.
(Sala de la Ciudad de Granger, 214 E. Davilla, Granger 76530) Viernes 2 de mayo 11 a.m. —6 p.m.
Florence VFD, 301 S. Patterson, Florence 76527 Monday May 5 11 a.m.—6 p.m.
(Voluntarios del Departamento de Bomberos de Florence Lunes 5 de mayo 11 a.m.—6 p.m.
301 S. Patterson, Florence 76527)
Jarrell Memorial Park, 1651 CR 305,Jarrell 76537 Tuesday May 6 11 a.m. —6 p.m.
(Memorial Park de Jarrel, 1651 CR 305, Jarrel 76537) Mattes 6 de mayo 11 a.m.—6 p.m.
May 08/EV Page 2 of 2 Pages 13108
Taylor ISD Special Mobile Teams
April 28th --Naomi Pasemann Elementary 6 PM—9 PM
April 29th --Naomi Pasemann Elementary 6 PM —9PM
May 5th --Taylor High School &T.H.Johnson Elementary 6 PM —9PM
May 6th --Taylor Middle School 6 PM —9 PM
SUBJECT TO CHANGE
(SUJETO A CAMBIO)
May 08/EV Page 3 of 2 Pages 13108
EXHIBIT B TO THE ORDER OF ELECTION
Election Day Polling Places
To Be Determined by Williamson County Elections Office
12
DATE: February 7, 2008
SUBJECT: City Council Meeting - February 14, 2008
ITEM: 8A2. Consider an ordinance calling the May 10, 2008 City Election for
Mayor, Council Place 1, Council Place 2, Council Place 4, and for three
propositions for Charter Amendments. (First Reading)
Department: Administration
Staff Person: Sara White, City Secretary
Justification:
This resolution calls the May 10, 2008 City Election to elect Mayor, Council Place 1, Council
Place 2, Council Place 4 and Charter Amendments. The first day to file an application for a
place on the ballot is February 11, 2008. The last day to file an application for a place on
the ballot is 5:00 p.m. March 10, 2008.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources:
Williamson County and Travis County Election Administrators
Background Information:
Early voting will be held as follows:
Monday - Saturday April 28 - May 3, 2008 7:00 a.m. to 7:00 p.m.
Sunday May 4, 2008 Noon - 6:00 p.m.
Monday - Tuesday May 5-6, 2008 7:00 a.m. to 7:00 p.m.
At the following early voting locations in Williamson County:
The polls on Election Day will be open 7:00 a.m. to 7:00 p.m.
Public Comment: N/A