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R-09-05-19-3B - 5/19/2009RESOLUTION NO. R -09-05-19-3B RESOLUTION PROVIDING FOR THE LOCAL CANVASS OF PRECINCT RETURNS, AND DECLARING THE VOTING TOTALS AND RESULTS OF THE CITY OF ROUND ROCK'S GENERAL ELECTION OF MAY 9, 2009. WHEREAS, the City Council of the City of Round Rock ordered a general election to be held May 9, 2009 for the purpose of electing Councilmember Place 3 and Councilmember Place 5; and WHEREAS, the City Council has investigated all matters pertaining to the election, including the ordering, giving notice, officers, holding, and making returns of the election; and WHEREAS, the election officers who held the election have duly made the returns of the result thereof, and the returns have been duly delivered to this City Council; and WHEREAS, in accordance with Chapter 67 of the Texas Election Code, the City Council has canvassed the election returns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 1. That the City Council officially finds and determines that the election was duly ordered, the proper notice of the election was duly given, that proper election officers were duly appointed prior to the election, that the election was duly held, that the City has complied with the Federal Voting Rights Act and the Texas Election Code, that due returns of the result of the election have been made and delivered, and that the City Council has duly canvassed the returns, all in accordance with the law and the ordinance calling and conducting the election. 2. That the City Council officially finds and determines that the following votes were cast by the resident, qualified electors of the City who voted at the election held for the purpose of electing Councilmember Place 3: Joe Clifford 1,456 votes 3. That the City Council officially finds and determines that the following votes were cast by the resident, qualified electors of the City who voted at the election held for the purpose of electing Councilmember Place 5: John Moman 1,113 votes 00138710/jkg Craig Morgan 757 votes 7. That the City Council officially finds, determines and declares the result of the election to be that Joe Clifford was elected as Councilmember Place 3. 8. That the City Council officially finds, determines and declares the result of the election to be that John Moman was elected as Councilmember Place 5. 9. That the provisions of this Resolution are severable; and in case any one or more of the provisions hereof 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. 10. That 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 19th day of the month of May, 2009. Chm Alan McGraw, Mayor ATTEST: Sara L. White, City Secretary 2 SUMMARY OF 2009 ELECTION RETURNS I, the undersigned, presiding officer of the canvassing authority for the Round Rock City Council General Election for Place 3, and Place 5 held on the 9th day of May 2009 in Williamson County and Travis County, do hereby certify that the following is a total of all votes received by each candidate and proposition. I further certify that the following vote totals include early voting votes by precinct received under Section 87.1231 of the Texas Election Code. Dated this 19th day of May 2009. Presiding Officer City of Round Rock, Texas Name of Office Place? Place 5 Name of Candidate/Proposition Joe Clifford Unopposed John Moman Craig Morgan Total Ballots Cast County Williamson Travis Williamson Travis Williamson Travis Williamson Travis Total Total Votes Received 1450 6 1108 5 754 3 2265 4 2269 Vote Percent 100% 59.52% 40.48% Elected / Approved Elected Elected Registered voters for May 9, 2009 Election: Williamson County 65,259 Travis County 513 CANVASS OF ELECTION RETURNS FOR CITY OF ROUND ROCK MAY 9, 2009 GENERAL ELECTION On this the 19th day of May, 2009, the City of Round Rock, Texas met to canvass the returns from the May 9, 2009 general election for the purpose of electing Councilmember Place 3 and Councilmember Place 5. The undersigned officers, and the entire governing body of the municipality, do hereby certify that the returns are official and correct and contain precinct -by -precinct tabulations of election day and early voting ballots, all as required by law. ATTEST: atfin- 1,- • te,411, Sara L. White, City Secretary 138730/jkg Alan McGraw, Mayor