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R-2017-4891 - 10/26/2017 RESOLUTION NO. R-2017-4891 A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS, CALLING A SPECIAL ELECTION FOR DECEMBER 16, 2017 FOR THE PURPOSE OF FILLING A VACANCY FOR COUNCILMEMBER PLACE SIX; 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 § KNOW ALL BY THESE PRESENTS: AND WILLIAMSON § CITY OF ROUND ROCK § WHEREAS, pursuant to the provisions of Article XI, 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 has determined that Saturday, December 16, 2017 is the appropriate date for holding the special election for the purpose of electing Councilmember Place Six, and that such date allows sufficient time to comply with requirements; and WHEREAS,the City Council wishes to encourage all registered voters in the city to vote in this election; Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,THAT: I. 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 between the hours of 7:00 a.m. and 7:00 p.m. on Saturday, December 16, 2017, in accordance with the attached Order of Election, which Order of Election is labeled as Exhibit "A" attached hereto and incorporated herein by reference for all purposes. 0112.1704;00388209/ss2 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 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. Election Judges. The Williamson County Elections Administrator is conducting such special 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 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 bbm cgwilco.org. Applications for ballots by mail must be received not later than 5:00 p.m. on Tuesday, December 5, 2017. Dates for Early Voting. Early voting shall commence on Wednesday, November 29, 2017 and continue through Tuesday, December 12, 2017, as provided by the Texas Election Code and as shown on attached exhibits. 2 Places for Early Voting. Early voting shall be conducted by personal appearance and by mail at the early voting polling places and temporary polling places designated by the Williamson County Elections Administrator and approved by the Williamson County Commissioners Court for early voting, and same are delineated on Exhibit "A-2" attached to the Order of Election and incorporated herein by reference for all purposes. Times for Early Voting. During the period in which early voting is required or permitted by law, that being November 29, 2017 through December 12, 2017, 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 Contract for Election Services, the Williamson County Elections Administrator shall serve as the custodian of voted ballots, and the City Clerk of Round Rock, Texas shall be appointed as custodian of all other election records. Section 6. CANDIDATE FILING PERIOD. In accordance with Section §201.054(c) of the Texas 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 p.m. on Monday,November 6, 2017. 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 the twenty-first (21St) day before the date of the election 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 (3 0) days and not less than ten (10) days prior to the date of the election. 3 Authorization to City Clerk. The City Clerk 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 Contract for Election Services, 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 Williamson County Elections Administrator may also utilize a central counting station as provided by Texas Election Code Section 127.000 et seq., as amended. 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. 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. For voters, 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. 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. 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. 4 Section 11. ELECTION RESULTS. The Williamson County Elections Administrator shall conduct an unofficial tabulation of results after the closing of the polls on December 16, 2017. 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 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. 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 this 26th day of October, 2017. CRAIGtokeock, Mayor City ofund Texas ATTEST: 5"'V*L' . V* SARA L. WHITE, City Clerk 5 EXHIBIT "A" ORDER OF ELECTION CITY OF ROUND ROCK, TEXAS A Special Election is hereby ordered to be held on December 16, 2017 for the purpose of electing Councilmember Place Six to fill the vacancy due to the resignation of former Councilmember Place Six, Kris Whitfield. 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 Exhibit "A-2" 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 bbin cnre,wilco.org. Applications for ballot by mail must be received no later than 5:00 pm on Tuesday, December 5, 2017. Issued this 26"' day of October, 2017. CRAI MOR , Mayor City Round ock, Texas 6 EXHIBIT 66A-1" ELECTION DAY PRECINCTS AND POLLING PLACES Baca Senior Center, 303 W. Bagdad Avenue, Round Rock Williamson County Jester Annex, 1801 East Old Settlers Boulevard, Round Rock 7 EXHIBIT "A-2" EARLY VOTING LOCATIONS, DATES AND TIMES— WILLIAMSON COUNTY Dates and Times: Wednesday, November 29, 2017 through Tuesday, December 12, 2017 Locations: Baca Senior Center, 303 W. Bagdad Avenue, Round Rock Williamson County Jester Annex, 1801 East Old Settlers Boulevard, Round Rock 8