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R-11-03-10-10A1 - 3/10/2011RESOLUTION NO. R -11-03-10-10A1 A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS, CALLING AN ELECTION FOR MAY 14, 2011 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 Mayor, Councilmember Place 1, and Councilmember Place 4; and WHEREAS, the City Council has determined that Saturday, May 14, 2011 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 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 O:\wdox\SCC1nts\0112\ 1104\MUNICIPAL \00215 749. DOC 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 14, 2011 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. Precincts and Polling Places. For voters in Williamson County, 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. For voters in Travis County, the City hereby designates the election precincts and polling places designated by the Travis County Elections Administrator and approved by the Travis County Commissioners Court for Election Day voting, and same are delineated on Exhibit "Al" attached to the Order of Election and incorporated herein by reference for all purposes. Election Judges. For voters in Williamson County, 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. For voters in Travis County, the Travis 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 Travis 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. 2 Section 3. EARLY VOTING. Early Voting Clerk. For voters in Williamson County, 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: Rick Barron Post Office Box 209 Georgetown, TX 78627 For voters in Travis County, the City Council hereby appoints the Travis 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 Travis County, is as follows: Gail Fisher 5501 Airport Road Austin, TX 78751 Applications for ballots by mail must be received not later than 5:00 p.m. on Friday, April 29, 2011. Dates for Early Voting. Early voting shall commence on Monday, May 2, 2011 and continue through Tuesday, May 10, 2011, as provided by the Texas Election Code and as shown on attached exhibits. Places for Early Voting. For voters in Williamson County, 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 "A2" attached to the Order of Election and incorporated herein by reference for all purposes. For voters in Travis County, early voting shall be conducted by personal appearance and by mail at the early voting polling places and temporary polling places designated by the Travis County Elections Administrator and approved by the Travis County Commissioners Court for early voting, and same are delineated on Exhibit "A2" attached to the Order of Election and incorporated herein by reference for all purposes. Times for Early Voting. For voters in Williamson County, during the period in which early voting is required or permitted by law, that being May 2, 2011 through May 10, 2011, 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. For voters in Travis County, during the period in which early voting is required or permitted by law, that being May 2, 2011 through May 10, 2011, the hours designated for early voting by personal appearance shall be designated in writing by the Travis County Elections Administrator, and approved by the Travis County Commissioners Court. 3 Section 4. EARLY VOTING BALLOT BOARD. For voters in Williamson County, 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. For voters in Travis County, 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 Travis 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. For voters in Williamson County, 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 Secretary of Round Rock, Texas shall be appointed as custodian of all other election records. For voters in Travis County, pursuant to the Texas Election Code and the applicable Contract for Election Services, the Travis 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 14, 2011. 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 Friday, April 22, 2011 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 14, 2011 nor later than May 4, 2011. 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. 4 Section 9. VOTING DEVICES. For voters in Williamson County, 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. For voters in Travis County, pursuant to the Election Code and the applicable Contract for Election Services, the Travis County Elections Administrator may use electronic voting systems and corresponding voting devices and equipment in conducting the election. The Travis 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. For voters in Williamson County and for voters in Travis County, as chief elections officer for the City of Round Rock, the Williamson County Elections Administrator and the Travis 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 Travis 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 and the Travis 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. 5 Section 11. ELECTION RESULTS. For voters in Williamson County, the Williamson County Elections Administrator shall conduct an unofficial tabulation of results after the closing of the polls on May 14, 2011. For voters in Travis County, the Travis County Elections Administrator shall conduct an unofficial tabulation of results after the closing of the polls on May 14, 2011. 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 10th day of March 2011. ATTEST: SARA L. WHITE, City Secretary 6 CITY OF ROUND ROCK, TEXAS ALAN McGRAW, Mayor EXHIBIT "A" ORDER OF ELECTION CITY OF ROUND ROCK, TEXAS An election is hereby ordered to be held on Saturday, May 14, 2011 for the purpose of electing Mayor, Councilmember Place 1, and Councilmember Place 4. For voters in Williamson County, 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 "B" attached hereto and incorporated herein by reference for all purposes. For voters in Travis County, early voting by personal appearance will be conducted at the locations designated by the Travis County Elections Administrator and approved by the Travis County Commissioners Court, all as are delineated on Exhibit "B" attached hereto and incorporated herein by reference for all purposes. 2011. For voters in Williamson County, applications for ballots by mail shall be mailed to: Rick Barron Post Office Box 209 Georgetown, TX 78627 For voters in Travis County, applications for ballots by mail shall be mailed to: Gail Fisher 5501 Airport Road Austin, TX 78751 Applications for ballot by mail must be received no later than 5:00 pm on Friday, April 29, Issued this the 10th day of March 2011. 7 ALAN McGRAW, Mayor City of Round Rock, Texas EXHIBIT "Al" (ANEXO "Al ") ELECTION DAY SCHEDULE (HORARIO DEL DIA DE ELECCION) 8 EXHIBIT "A2" (Anexo "A2 ") EARLY VOTING LOCATIONS, DATES AND TIMES - WILLIAMSON COUNTY (L UGARES, FECHAS Y HORARIOS DE VOTACIONANTICIPADA - CONDADO DE WILLIAMSON) 9 ROUND ROCK, TEXAS {�IHRPOSC. PASSION. PROSPERITY Agenda Item No. 10A1. City Council Agenda Summary Sheet Agenda Caption: Consider a resolution calling the May 14, 2011 General Election. Meeting Date: March 10, 2011 Department: Administration Staff Person making presentation: Sara White, TRMC City Secretary Item Summary: This resolution orders the May 14, 2011 City Election in which the positions of Mayor, City Council Place 1, and City Council Place 4 will be elected. The City will contract with Williamson and Travis County Election offices to conduct the election. The first day of filing is February 12, 2011 and the last day to file is Monday, March 14, 2011 by 5:00 p.m. The Texas Election Code requires a municipality to call an election by resolution. The last day for ordering an election is March 14tH Strategic Plan Relevance: Cost: Approximately $40,000 Source of Funds: General Fund Date of Public Hearing (if required): N/A Recommended Action: Approval