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R-09-02-12-10E1 - 2/12/2009RESOLUTION NO. R -09-02-12-10E1 A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS, CALLING AN ELECTION FOR MAY 9, 2009 FOR THE PURPOSE OF ELECTING CERTAIN OFFICIALS; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR EARLY VOTING AND ELECTION DAY VOTING; PROVIDING FOR PERFORMANCE OF REQUIRED ADMINISTRATIVE DUTIES; MAKING PROVISIONS FOR THE CONDUCT OF SUCH ELECTION; CERTIFYING PROVISION OF REQUIRED ACCESSIBLE VOTING SYSTEMS AT EACH POLLING PLACE; AND PROVIDING FOR OTHER MATTERS RELATED TO SUCH ELECTION. STATE OF TEXAS COUNTIES OF TRAVIS AND WILLIAMSON CITY OF ROUND ROCK § § § § KNOW ALL BY THESE PRESENTS: WHEREAS, pursuant to the provisions of the Texas Election Code (as amended), other related statutes, and its Home Rule Charter, the City Council of the City of Round Rock, Texas, is authorized to order a city election for the purpose of electing Councilmember Place 3, and Councilmember Place 5; and WHEREAS, the City Council has determined that Saturday, May 9, 2009 is the appropriate date for holding such election, and that date allows sufficient time to comply with requirements of law; and WHEREAS, the City Council wishes to encourage all registered voters in the City of Round Rock to vote in this election; and 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 that such meeting was open to the public as times during which this Resolution and the were discussed, 0:\WDOX\RESOLUTI\R90212E1.DOC/jkg adopted was required subject by posted law matter at and all hereof 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. An election shall be held on Saturday, May 9, 2009 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 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. 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 an Election Services Contract. 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: 2 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 Friday, May 1, 2009. Dates for Early Voting. Early voting shall commence on Monday, April 27, 2009 and continue through Tuesday, May 5, 2009, 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 27, 2009 through May 5, 2009, 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 serve as the custodian of voted ballots, and the City Secretary of Round Rock, Texas shall be appointed as custodian of all other election records. Section 6. CANDIDATE FILING PERIOD. In accordance with Section 143.007 of the Texas Election Code, the deadline for filing an application for a place on the ballot for this election is declared to be 5:00 pm Monday, March 9, 2009. 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 3 documentation on the bulletin board used for posting notices of City Council meetings, and same shall be posted not later than Friday, April 17, 2009 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 earlier than April 9, 2009 nor later than April 27, 2009. 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 Williamson County Elections Administrator is currently using election systems and software certified by the Texas Secretary of State. The City Council of the City of Round Rock, Texas, finds as follows: Section 61.012, Texas Election Code, requires that at least one accessible voting station 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 (i) fully comply with applicable laws relating to accessible voting systems which make voting accessible for disabled voters; and (ii) provide a practical and effective means for 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 is an accessible voting system that may legally be used in Texas elections. 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 DRE - Election Systems and Software iVotronic in each polling place at every polling location used to conduct any election ordered on or after January 1, 2006. The DRE - Election Systems and Software iVotronic 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. 4 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 9, 2009. 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 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 12th day of February 2009. ATTEST: ci"litL ' liatktf, Sara L. White, City Secretary 5 CITY OF ROUND ROCK, TEXAS l,l McGRAW, Mayor EXHIBIT "A" ORDER OF ELECTION CITY OF ROUND ROCK, TEXAS An Election is hereby ordered to be held on May 9, 2009 for the purpose of electing Councilmember Place 3, and Councilmember Place 5. Applications for a place on the ballot will be accepted beginning February 7, 2009 and must be received no later than 5:00 p.m. on March 9, 2009. 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 the attached "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 on said Election Day shall be open from 7:00 a.m. to 7:00 p.m. The Williamson County Election Administrator is hereby appointed as the Election Officer and Early Voting Clerk and Custodian of Voted Ballots for this election. The presiding judge(s) for each of said polling places are those designated by the Williamson County Election Administrator and the Travis County Election 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 shall 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 Post Office Box 209 Georgetown, TX 78627-0209 Applications for ballot by mail must be received not later than 5:00 pm on Friday, May 1, 2009. Issued this the 12th day of February 2009. )11 ALAN McGRAW, Mayor City of Round Rock, Texas 6 EXHIBIT "A" (Anexo A) ELECTION DAY SCHEDULE FOR MAY 9, 2009 (Dia de votacion horario para el 9 de mayo 2009) LOCATIONS OF POLLING PLACES: (La localizacion de los sitios de votacion) COUNTY LOCATION PRECINCT (La localizacion) ADDRESS (Direccion) Note: County precincts designated with a "T" are located in Travis County. DATE AND TIMES: The polling places will be open on Election Day from 7:00 a.m. to 7:00 p.m. 7 EXHIBIT "B" (Anexo "B) EARLY VOTING SCHEDULE (PROGRAMA DE VOTACI6N ADELANTADA) Early voting by personal appearance will be conducted at the following locations on the specified date and time: (La votaciones adelantadas por presentacidn se llevaran a cabo en las siguientes ubicaciones, en las fechas y horarios especificados) DATES AND TIMES: (FECHAS Y HORARIOS:) MAIN LOCATION: Williamson County Inner Loop Annex, 301 SE Inner Loop, Georgetown (UBICACION PRINCIPAL): Williamson County Inner Loop Annex, 301 SE Inner Loop, Georgetown) BRANCH LOCATIONS: (UBICACION DE SUCURSALES) RURAL TEMPORARY LOCATIONS, DATES AND TIMES: (UBICACIONES TEMPORALES EN ZONAS RURALES, 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 ubicaciones son de 11:00 a.m. a 6:00 p.m. cada dia.) 8 DATE: February 4, 2009 SUBJECT: City Council Meeting — February 12, 2009 ITEM: 10E1. Consider a resolution calling the May 9, 2009 General Election. Department: Staff Person: Justification: Administration Sara White, City Secretary This resolution calls the May 9, 2009 City Election. In 2009, Council Place 3 and Council Place 5 are up for re-election. The first day to file an application for a place on the ballot is February 9th and the last day to file is March 9th by 5:00 p.m. Funding: Cost: Estimated at $40,700 Source of funds: General Fund Outside Resources: Williamson County and Travis County Election Administrators Background Information: A resolution calling the election is required by the Texas Election Code. The recommended timeframe for calling and election and posting the notice of the election is January 26th — February 10th Public Comment: None