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R-05-08-30-5B1 - 8/30/2005 RESOLUTION NO. R-05-08-30-5B1 A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS, CALLING A SPECIAL ELECTION FOR NOVEMBER 8, 2005 FOR THE PURPOSE OF FILLING A VACANCY FOR COUNCILMEMBER PLACE SIX; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR EARLY VOTING; PROVIDING FOR PERFORMANCE OF REQUIRED ADMINISTRATIVE DUTIES; MAKING PROVISIONS FOR THE CONDUCT OF SUCH ELECTION; AND PROVIDING FOR OTHER MATTERS RELATED TO SUCH ELECTION. STATE OF TEXAS § COUNTIES OF TRAVIS § KNOW ALL BY THESE PRESENTS: AND WILLIAMSON § CITY OF ROUND ROCK § WHEREAS, pursuant to the provisions of Article Xl, Section 11 of the Texas Constitution, the Texas Election Code (as amended), other related statutes, and the City of Round Rock Home Rule Charter Section 3.06(c), the City Council of the City of Round Rock, Texas, is authorized to call a special election to fill a vacancy in order to submit to the voters of the City a ballot for the election of Councilmember Place Six; and WHEREAS, the City Council deems it advisable to call such special election to fill a vacancy, and the City Council wishes to order such special election on Tuesday, November 8, 2005 for the purpose of electing Councilmember Place Six; and WHEREAS, the City Council has determined that Tuesday, November 8, 2005 is the appropriate date for holding the election to elect Councilmember Place Six, and that such date allows sufficient time to comply with requirements of law; and WHEREAS, the City Council wishes to encourage all registered voters in the city to vote in this election; and R50830B 1/jkg WHEREAS, it is hereby officially found and determined that the written public notice of the date, hour, place, purpose and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551 of the Texas Government Code (as amended); Now, therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: Section 1. ELECTION DATE, PRECINCTS AND POLLING PLACES, AND ELECTION JUDGES. Election Date. A special election to fill a vacancy for Councilmember Place Six shall be held in the City of Round Rock as prescribed by applicable law between the hours of 7:00 a.m. and 7:00 p.m. on Tuesday, November 8, 2005, in accordance with the attached Order of Election. Precincts and Polling Places. For election day voting, 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 such election day voting. For early voting, the City hereby designates the early voting polling places designated by the Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court, for early voting in such election. The City election precincts and polling places designated for holding the election are identified in the attached Order of Election, and such attachment is incorporated herein by reference for all purposes. Election Judges. The Williamson County Elections Administrator is conducting such special election for the City pursuant to terms of an Election Services Contract. The City Council hereby appoints, for the term of such single 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 2 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 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: Williamson County Elections Administrator Post Office Box 209 Georgetown, TX 78626 Applications for ballots by mail must be received not later than 5:00 p.m. on Tuesday, November 1, 2005. Dates for Early Voting. Early voting shall commence on Monday, October 24, 2005 and continue through Friday, November 4, 2005, as provided by the Texas Election Code and as shown on attachments hereto. 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 October 24, 2005 through November 4, 2005, the hours designated for early voting by personal appearance shall be those 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 Election Code and the applicable Election Services Contract, the Williamson County Elections Administrator shall be appointed as Custodian of Election Records. 3 Section 6. CANDIDATES FILING PERIOD. In accordance with §201.054(c) of the Election Code, the deadline for filing an application for a place on the ballot for this special election to fill a vacancy is hereby declared to be 5:00 pm Tuesday, October 11, 2005. Section 7. VOTERS. All resident, qualified voters of the City of Round Rock, Texas shall be entitled to vote at the election. Section 8. NOTICE. Posting. Notice of this special election to fill a vacancy, 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 the twenty-first (21") day before the date of the election and shall remain posted through election day. Publication. Notice of this special election to fill a vacancy, 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. 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. Electronic voting systems and corresponding voting devices and equipment may be used in conducting the election. 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 Constitution, 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 November 8, 2005. The official canvass, tabulation and declaration of the results of the special 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. 4 Section 12. MISCELLANEOUS. The provisions of this Resolution are severable; and in case any one or more of the provisions of this Resolution 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 Resolution 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. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all in accordance with and as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED on this the 30 day of August, 2005. CITY OF ROUND ROCK, TEXAS 442Mayor {i-p r+.e-ry-) Adan mCEl' ATTEST: Christine R. Martinez, City Secretary 5 ORDER OF SPECIAL ELECTION CITY OF ROUND ROCK, TEXAS A Special Election is hereby ordered to be held on November 8, 2005 for the purpose of electing Councilmember Place 6 to fill the vacancy due to the resignation of former Councilmember Place 6, Gary Coe. Applications for a place on the ballot will be accepted beginning August 31, 2005 and must be received no later than 5:00 p.m. on October 11, 2005. On Election Day, the Special Election shall be held at the City 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" which is incorporated herein by reference and made a part hereof for all intents and purposes. The polls at the designated polling places shall on said Election Day be open from 7:00 a.m. to 7:00 p.m. The Williamson County Election Administrator is hereby appointed as the Early Voting Clerk and Custodian of Election Records. The presiding judge(s) for each of said polling places are as designated by the Election Administrator, and such presiding judge(s) 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 shown on Exhibit"B" 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.O. Box 209 Georgetown, Texas 78627-0209 Applications for ballot by mail must be received no later than the close of business on November 1, 2005. Issued this the � day of August, 2005. Alan Mayor Pro-terf1 City of Round Rock, Texas 6 EXHIBIT "A" ELECTION DAY SCHEDULE LOCATIONS OF POLLING PLACES: COUNTY LOCATION ADDRESS PRECINCT 119 Old Town Elementary School 2200 Chaparral Drive Round Rock 122 Round Rock High School 300 N. Lake Creek Drive Round Rock 135 Bluebonnet Elementary School 1010 Chisholm Valley Drive Round Rock 137 St. Barnabas the Encourager Church 1150 McNeil Road Round Rock 138 Chisholm Trail Middle School 500 Oakridge Drive Round Rock 149 Williamson County Annex 211 Commerce Cove Round Rock 150 First Baptist Church 306 Round Rock Avenue Round Rock 160 Fern Bluff Elementary School 17815 Park Valley Drive Round Rock 172 First Baptist Church 306 Round Rock Avenue Round Rock 348 Round Rock Presbyterian Church 4010 Sam Bass Road Round Rock 382 Round Rock Presbyterian Church 4010 Sam Bass Road Round Rock 420 Hutto Elementary School 100 Mager Lane Hutto 423 Round Rock Church of Christ 1200 N. Georgetown Street Round Rock 424 Forest Creek Elementary School 3805 Forest Creek Drive Round Rock 436 Stony Point High School 1801 Bowman Drive Round Rock 455 Voi t Elementary School 1201 Cushing Drive Round Rock 463 The Fellowship at Forest Creek Church 3379 Gattis School Road Round Rock 480 Gattis Elementary School 2920 Round Rock Ranch Boulevard Round Rock 484 Caldwell Heights Elementary School 4010 Eagles Nest Street Round Rock 488 Round Rock Fire Station No. 4 3300 Gattis School Road Round Rock 491 Double File Trail Elementary School 2400 Chandler Creek Boulevard Round Rock T-200 Fellowship at Forest Creek Church 3379 Gattis School Road Round Rock T-225 Bluebonnet Elementary School 1010 Chisholm Valley Drive Round Rock EXHIBIT"B" EARLY VOTING SCHEDULE FULL-TIME LOCATIONS, DATES AND TIMES• Main Location: Williamson County Inner Loop Annex, 301 SE Inner Loop, Georgetown Additional Locations: Robert G. Helen Griffith Public Libra 216 E. Main Street Round Rock Brushy Creek Community Center 16318 Great Oaks Drive Round Rock Anderson Mill Municipal Utility District 11500 EI Salido Parkway, Austin Williamson County Cedar Park Annex 350 Discovery Boulevard Cedar Park Celebrations (formerly known as Brookshire Brothers 3010 Williams Drive Georgetown Sun City Social Center 2 Texas Drive Georgetown Clay-Madsen Recreation Center 1600 Gattis School Road Round Rock Williamson County Taylor Annex 412 Vance Taylor Dates and Times: Monday-Friday October 24-28, 2005 8:00 a.m. to 5:00 p.m. Saturday October 29, 2005 7:00 a.m. to 7:00 p.m. Sunday October 30, 2005 Noon to 5:00 p.m. Monday-Friday October 31-November 4, 2005 7:00 a.m. to 7:00 p.m. PART-TIME LOCATION, DATES AND TIMES: Pat Bryson Municipal Hall, 201 N. Brushy, Leander Dates and Times: Saturday October 29, 2005 7:00 a.m. to 7:00 p.m. Sunday October 30, 2005 Noon to 6:00 p.m. Monday-Friday October 31-November 4, 2005 7:00 a.m. to 7:00 p.m. Round Rock I.S.D. Administration Building (Red River Room), 1311 Round Rock Ave, Round Rock Dates and Times: Saturday October 29, 2005 7:00 a.m. to 7:00 p.m. Sunday October 30, 2005 Noon to 5:00 p.m. Monday-Friday October 31-November 4, 2005 7:00 a.m. to 7:00 p.m. RURAL TEMPORARY LOCATIONS DATES AND TIMES• The hours for the following locations are 11:00 a.m. to 6:00 p.m. each day. Florence V.F.D. 301 S. Patterson Florence Thursday October 27 2005 Granger City Hall 214 E. Davilla Gran er Monday October 31 2005 Liberty Hill Annex 3407 RR 1869 Liberty Hill Tuesday November 1 2005 Thrall City Hall 104 S. Main St. Thrall Wednesdav November 2 2005 Jarrell Memorial Park 1651 CR 305 Jarrell Thursday November 3 2005 Hutto City Hall 401 W. Front St., Hutto Friday November 4 2005 DATE: August 23, 2005 SUBJECT: City Council Meeting - August 30, 2005 ITEM: 5.B.1. Consider a resolution calling the November 8, 2005 Special Election to fill the vacancy of City Council, Place 6. Department: Administration Staff Person: Christine Martinez, City Secretary Justification: This resolution will call the City of Round Rock Special Election on November 8, 2005 to fill the vacancy of City Council Place 6. Funding: Cost: Approximate Cost $20,000 for election services Source of funds: 2005-2006 Budget Outside Resources: Williamson County Election Administrator Background Information: Article 11, Section 11 of the Texas Constitution, not the Texas Election Code, stipulates the dates for elections to fill vacancies for home-rule cities with terms of office exceeding two years. It provides that elections must be held within 120 days of a vacancy occurring. Councilmember Coe's resignation was effective July 14, 2005. Public Comment: N/A AW 1-8. doc Prescribed by Secretary of State Sections 4.004, 83.010, 85.004, Texas Election Code 09/2001 NOTICE OF SPECIAL ELECTION (AVISO DE ELECCION ESPECIAL) To the Register Voters of the Citv of Round Rock Texas Williamson County (A los votantes registrados del la Ciudad de Round Rock Texas Williamson County) Notice is hereby given that the polling places listed below will be open from 7:00 a.m. to 7:00 p.m., on November 8, 2005 for voting in a special election to elect City Council, Place 6 (Mediante el presente se notifica que los sitios de votaci6n que se indican a continuaci6n estaran abiertos de 7:00 a.m, a 7:00 p.m. e/ dia 8 de noviembre de 2005 para el registro de votos de elecci6n del Puesto 6 en el Ayuntamiento Local.) LOCATIONS (S) OF POLLING PLACES ARE ON EXHIBIT"A" (LA LOCALIZACION DE LOS SITIOS DE VOTACION SE INDICA EN EL ANEXO "A") EARLY VOTING BY PERSONAL APPEARANCE WILL BE CONDUCTED AT THE LOCATIONS DATES AND TIMES ON EXHIBIT "B" (LA VOTACION ANTICIPADA MEDIANTE APARICION PERSONAL SERA REALIZADA EN LOS SITIOS, FECHAS Y HORARIOS SEIVALADOS EN EL ANEXO "8':) Applications for ballot by mail shall be mailed to: (Las solicitudes para boletas que se votaran en ausencia por correo deberan enviarse a:) Cliff Borofskv (Name of Early Voting Clerk) (Nombre del Secretario(a) de la Votacion Adelantada) P. O. Box 209 (Address)(Direccion) Georaetown, Texas 78627 (City)(Ciudad) (Zip Code)(Zona Postal Applications for ballot by mail must be received no later than the close of business on November 1, 2005. (Las solicitudes para boletas que se votaran en ausencia por correo deberan recibirse para el fin de las horas de negocio el primero dia de noviembre del ano 2005). Issued this the 30th day of August 2005. (Emitada este dia 30 de augusto del ano 2005.) Signature of Mayor (Firma Del Alcalde) EXHIBIT"A" TO NOTICE OF ELECTION (ANEXO "A"DE INFORMS DE ELECCION) ELECTION DAY SCHEDULE (DIA DE VOTACION HORARIO) Special Election (Eleccion Especial) November 8, 2005 LOCATIONS OF POLLING PLACES: (LA LOCALIZACION DE LOS SITIOS DE VOTACION) COUNTY LOCATION ADDRESS PRECINCT 119 Old Town Elementary School 2200 Chaparral Drive Round Rock 122 Round Rock High School 300 N. Lake Creek Drive Round Rock 135 Bluebonnet Elementary School 1010 Chisholm Valley Drive Round Rock 137 St. Barnabas the Encourager Church 1150 McNeil Road Round Rock 138 Chisholm Trail Middle School 500 Oakridge Drive Round Rock 149 Williamson County Annex 211 Commerce Cove Round Rock 150 First Baptist Church 306 Round Rock Avenue Round Rock 160 Fern Bluff Elementary School 17815 Park Valle Drive Round Rock 172 First Baptist Church 306 Round Rock Avenue Round Rock 348 Round Rock Presb terian Church 4010 Sam Bass Road Round Rock 382 Round Rock Presbyterian Church 4010 Sam Bass Road Round Rock 420 Hutto Elementary School 100 Mager Lane Hutto 423 Round Rock Church of Christ 1200 N. Georgetown Street Round Rock 424 Forest Creek Elementary School 3805 Forest Creek Drive Round Rock 436 Stonv Point High School 1801 Bowman Drive Round Rock 455 Voi t Elementary School 1201 Cushing Drive Round Rock 463 The Fellowship at Forest Creek Church 3379 Gattis School Road Round Rock 480 Gattis Elementary School 2920 Round Rock Ranch Boulevard Round Rock 484 Caldwell Heights Elementary School 4010 Ea les Nest Street Round Rock 488 Round Rock Fire Station No. 4 3300 Gattis School Road Round Rock 491 Double File Trail Elementary School 2400 Chandler Creek Boulevard Round Rock T-200 Fellowship at Forest Creek Church 3379 Gattis School Road Round Rock T-225 Bluebonnet Elementary School 1010 Chisholm Valley Drive Round Rock 2 EXHIBIT"B" TO NOTICE OF ELECTION (ANEXO "B"DE INFORMS DE ELECCION) EARLY VOTING SCHEDULE (LA VOTACION ANTICIPADA HORARIO) Special Election (Eleccion Especial) (LA VOTACION ANTICIPADA MEDIANTE APARICION PERSONAL SERA REALIZADA EN LOS SITIOS, SIGUIENTES LOCALIDADES) FULL-TIME LOCATIONS DATES. AND TIMES• (SITIOS DE TIEMPO COMPLETO, FECHAS Y HORARIOS:) Main Location: Williamson County Inner Loop Annex, 301 SE Inner Loop, Georgetown Additional Locations: Robert G. Helen Griffith Public Library 216 E. Main Street Round Rock Brushy Creek Community Center 16318 Great Oaks Drive Round Rock Anderson Mill Municipal Utility District 11500 EI Salido Parkway, Austin Williamson County Cedar Park Annex 350 Discovery Boulevard Cedar Park Celebrations (formerly known as Brookshire Brothers 3010 Williams Drive Geor etown Sun City Social Center 2 Texas Drive Georgetown -Clay-Madsen Recreation Center 1600 Gattis School Road Round Rock Williamson County Taylor Annex 412 Vance Taylor Dates and Times: (Fechas y horarios:) Monday-Friday October 24-28, 2005 8:00 a.m. to 5:00 p.m. Saturday October 29, 2005 7:00 a.m. to 7:00 p.m. Sunday October 30, 2005 Noon to 5:00 p.m. Monday-Friday October 31-November 4, 2005 7:00 a.m. to 7:00 p.m. PART-TIME LOCATION DATES, AND TIMES• (SITIOS DE TIEMPO PARCIAL, FECHAS Y HORARIOS:) Pat Bryson Municipal Hall, 201 N. Brushy, Leander Dates and Times: (Fechas y horarios:) Saturday October 29, 2005 7:00 a.m. to 7:00 p.m. Sunday October 30, 2005 Noon to 6:00 p.m. Monday-Friday October 31-November 4, 2005 7:00 a.m. to 7:00 p.m. 3 EXHIBIT "B" TO NOTICE OF ELECTION (ANEXO "8"DE INFORME DE ELECCION) EARLY VOTING SCHEDULE (LA VOTACION ANTICIPADA HORARIO) Special Election (Elecci6n Especial) Round Rock I.S.D. Administration Building (Red River Room), 1311 Round Rock Ave, Round Rock Dates and Times: (Fechas y horarios:) Saturday October 29, 2005 7:00 a.m. to 7:00 p.m. Sunday October 30, 2005 Noon to 5:00 p.m. Monday-Friday October 31-November 4, 2005 7:00 a.m. to 7:00 p.m. RURAL TEMPORARY LOCATIONS DATES AND TIMES: (SITIOS RURALES TEMPORALES, FECHAS Y HORARIOS:) The hours for the following locations are 11:00 a.m. to 6:00 p.m. each day. (Los horarios de las siguientes localidades son de 11:00 a.m, a 6:00 p.m. cada dia.) Florence V.F.D. 301 S. Patterson Florence Thursday October 27 2005 -Granger City Hall 214 E. Davilla Granger Monday October 31 2005 -Liberty Hill Annex 3407 RR 1869 Liberty Hill Tuesday November 1 2005 Thrall City Hall 104 S. Main St., Thrall -Wednesday November 2 2005 Jarrell Memorial Park 1651 CR 305 Jarrell Thursday November 3 2005 Hutto City Hall 401 W. Front St. Hutto Friday November 4 2005 4