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R-05-11-17-4B - 11/17/2005RESOLUTION NO. R -05-11-17-4B A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS, CALLING A SPECIAL RUNOFF ELECTION FOR DECEMBER 17, 2005 FOR THE PURPOSE OF ELECTING 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 RUNOFF ELECTION; AND PROVIDING FOR OTHER MATTERS RELATED TO SUCH ELECTION. STATE OF TEXAS COUNTY OF TRAVIS COUNTY OF 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 Section 5.06, the City Council of the City of Round Rock, Texas, is authorized to call a special runoff election for the election of Councilmember Six; and WHEREAS, the City Council deems it advisable to call such runoff election, and the City Council wishes to order such runoff election on Saturday, December 17, 2005 for the purpose of election of Councilmember Place Six; and WHEREAS, the City Council has determined that Saturday, December 17, 2005 is the appropriate date for holding such runoff election, 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 runoff election; and 00078981/jkg WHEREAS, it has been determined that Caldwell Heights Elementary School, Stony Point High School, Forest Creek Elementary School, Gattis Elementary School, First Baptist Church, Round Rock High School, Bluebonnet Elementary School, and Old Town Elementary School would be easily accessible to voters in the City of Round Rock on election day; and WHEREAS, it has been further determined that early voting places will be at Robert G. & Helen Griffith Public Library, Round Rock Independent School District Administration Building, United Heritage Conference Center, and Clay Madsen Recreation Center; 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 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 runoff election for the election of 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 Saturday, December 17, 2005, in accordance with the attached Order of Election. Precincts and Polling Places. The City hereby designates the election precincts and polling places designated by Cliff Borofsky, 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 designated by Cliff Borofsky, 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 within the City designated for holding the election are identified in the attached Order of Election, and such attachment it is incorporated herein by reference for all purposes. The City hereby designates the following as the official Election Day polling places: Caldwell Heights Elementary School, Stony Point High School, Forest Creek Elementary School, Gattis Elementary School, First Baptist Church, Round Rock High School, Bluebonnet Elementary School, and Old Town Elementary School. The City hereby designates the following as the official early voting polling places for the December 17, 2005 election: Robert G. & Helen Griffith Public Library, Round Rock Independent School District Administration Building, United Heritage Conference Center, and Clay Madsen Recreation Center. Election Judges. The Williamson County Elections Administrator is conducting such runoff 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 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: Cliff Borofsky, Williamson County Elections Administrator Post Office Box 209 Georgetown, TX 78626 Applications for ballots by mail must be received no later than 5 p.m. December 9, 2005. Dates for Early Voting. Early voting shall commence on Wednesday, November 30, 2005 (17th day before the election) and continue through Tuesday, December 13, 2005 (4th day before the election), as provided by the Texas Election Code and as shown on the attached "Precincts and Polling Places and Times for Election Day Voting and Early Voting." Places for Early Voting. Early voting shall be conducted by personal appearance and by mail at the following early voting polling places: Robert G. & Helen Griffith Public Library, Round Rock Independent School District Administration Building, United Heritage Conference Center, and Clay Madsen Recreation Center. 00078981/jkg Times for Early Voting. During the period in which early voting is required or permitted by law, that being November 30, 2005 through December 13, 2005, the hours designated for early voting by personal appearance shall be as follows, and/or as otherwise designated in writing by Cliff Borofsky, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court: November 30 — December 2, 2005 (Weekdays) 8:00 a.m. — 5:00 p.m. December 5 — December 9, 2005 (Weekdays) 8:00 a.m. — 5:00 p.m. December 10, 2005 (Saturday) 10:00 a.m. — 6:00 p.m. December 12 — December 13, 2005 (Weekdays) 7:00 a.m. — 7:00 p.m. 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 Cliff Borofsky, Williamson County Elections Administrator. Such presiding judge shall appoint not less than two (2) other qualified members to serve on such Board. Section S. CUSTODIAN OF ELECTION RECORDS. Pursuant to the Election Code and the applicable Election Services Contract, Cliff Borofsky shall be appointed as Custodian of Election Records. Section 6. VOTERS. All resident, qualified voters of the City of Round Rock, Texas shall be entitled to vote at the election. Section 7. NOTICE. Posting. Notice of this runoff 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 fifteenth (15th) day before the date of the election and shall remain posted through election day. Publication. Notice of this runoff election, including a Spanish translation hereof, shall be published once in a newspaper of general circulation in the City, the publication to appear not less than fifteen (15) 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 8. 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 9. 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 10. ELECTION RESULTS. The Williamson County Elections Administrator shall conduct an unofficial tabulation of results after the closing of the polls on December 17, 2005. The official canvass, tabulation and declaration of the results of the special runoff election shall be conducted by the City Council at a special council meeting held in accordance with provisions of the Texas Election Code. Section 11. 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. RESOLVED on this the 17th day of November 2005. Christine R. Martinez, City Secretary 00078981/jkg ORDER OF ELECTION CITY OF ROUND ROCK, TEXAS A runoff election is hereby ordered to be held on December 17, 2005 for the purpose of electing Councilmember Place 6. The runoff election shall be held at the polling places for the precincts designated on the attached Exhibit "A", which is 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. Cliff Borofsky, Williamson County Election Administrator is hereby appointed as the Early Voting Clerk and Custodian of Election Records. That the presiding judge(s) for each of said polling places are designated by Cliff Borofsky and who is hereby authorized to appoint additional election clerks (not less than 2 and not more than 6) to assist in conducting said election. Early voting will be conducted at all the following early voting locations on the dates and times noted below: 1. Robert G. & Helen Griffith Public Library (Main early voting location) 216 E. Main Street, Round Rock 2. Round Rock Independent School District Administration Building 1311 Round Rock Avenue, Round Rock 3. Clay Madsen Recreation Center 1600 Gattis School Road, Round Rock 4. United Heritage Conference Center, 3400 East Palm Valley Boulevard, Round Rock November 30 — December 2, 2005 December 5 — December 9, 2005 December 10, 2005 December 12 — December 13, 2005 (Weekdays) 8:00 a.m. — 5:00 p.m. (Weekdays) 8:00 a.m. — 5:00 p.m. (Saturday) 10:00 a.m. — 6:00 p.m. (Weekdays) 7:00 a.m. — 7:00 p.m. Applications for a ballot by mail shall be mailed to: Cliff Borofsky 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 December 9, 2005. Issued this the 17th day of November 2005. E MAX LL, Mayor City of Round Rock, Texas EXHIBIT "A" Election Day Locations: City Pct. No. 1 - Caldwell Heights Elementary, 4010 Eagles Nest Street (Williamson County Precincts 149, 484) City Pct. No. 2 - Stony Point High School, 1801 Bowman Road, Round Rock (Williamson County Precincts 420, 423, 436, 491) City Pct. No. 3 - Forest Creek Elementary School, 3805 Forest Creek Dr., Round Rock (Williamson County Precincts 424, 463) (Travis County Precinct T-200) City Pct. No. 4 - Gattis Elementary School, 2920 Round Rock Ranch Blvd., Round Rock (Williamson County Precincts 480, 488) City Pct. No. 5 - First Baptist Church, 306 Round Rock Avenue, Round Rock (Williamson County Precincts 150, 172, 455) City Pct. No. 6 - Round Rock High School, 300 Lake Creek Drive, Round Rock (Williamson County Precincts 122, 160) City Pct. No. 7 - Bluebonnet Elementary School, 1010 Chisholm Valley Dr., Round Rock (Williamson County Precincts 135, 137, 138) (Travis County Precinct T-225) City Pct. No. 8 - Old Town Elementary School, 2200 Chaparral Drive, Round Rock (Williamson County Precincts 119, 348, 382 00078981/jkg DATE: November 16, 2005 SUBJECT: City Council Meeting - November 17, 2005 ITEM: 4.B. Consider a resolution calling the December 17, 2005 Special Runoff Election to elect City Council, Place 6. Department: Administration Department Staff Person: Christine Martinez, City Secretary Justification: This resolution calls the December 17, 2005 Runoff Election to elect a Councilmember for Place 6. None of the four candidates for Place 6 received 50% or more of the votes cast in the November 8, 2005 election. Early voting will be conducted at all the following locations on the dates and times noted below: 1. Robert G. & Helen Griffith Public Library (Main early voting location) 216 E. Main Street, Round Rock 2. Round Rock Independent School District Administration Building 1311 Round Rock Avenue, Round Rock 3. Clay Madsen Recreation Center 1600 Gattis School Road, Round Rock 4. United Heritage Conference Center, 3400 East Palm Valley Boulevard, Round Rock November 30 - December 2, 2005 December 5 - December 9, 2005 December 10, 2005 December 12 - December 13, 2005 (Weekdays) (Weekdays) (Saturday) (Weekdays) 8:00 a.m. - 5:00 p.m. 8:00 a.m. - 5:00 p.m. 10:00 a.m. - 6:00 p.m. 7:00 a.m. - 7:00 p.m. On Election Day the polling places will be open from 7:00 a.m. to 7:00 p.m. at the following locations: Caldwell Heights Elementary School, Stony Point High School, Forest Creek Elementary School, Gattis Elementary School, First Baptist Church, Round Rock High School, Bluebonnet Elementary School, and Old Town Elementary School. Funding: Cost: Source of funds: Budget $32,000 (approximately) for Election Services Outside Resources: N/A Background Information: A runoff election is necessary because, as provided in the City Charter, "a majority vote for an elective office is that number of votes which is greater than one-half of the total number of valid ballots cast for the office concerned." None of the four candidates received a majority of the votes. Public Comment: None CERTIFICATION OF RUNOFF CANDIDATES (Pursuant to Chapter 2, Section 2.027, Texas Election Code) I, Nyle Maxwell, Mayor of the City of Round Rock do hereby certify that the names of the following candidates be placed on the ballot for a Runoff Election for City Council, Place 6 ensuing from the Special Election held on November 8, 2005. Ted Williamson received 2,848 votes, which is 41.38 percent of the votes. Sharon Izzo received 2,248 votes, which is 32.66 percent of the votes. The order of the names on the ballot will be determined in the same manner as in the main election. Issued this 17th day of November 2005. Ny - well, Mayor City of Round Rock, Texas NOTICE OF RUNOFF ELECTION (AVISO DE ELECCION CARRERA FINAL) To the Register Voters of the City of Round Rock,Texas: (A los votantes registrados del (Ciudad de Round Rock, Texas:) Notice is hereby given that the polling places listed below will be open from 7:00 a.m. to 7:00 p.m., on December 17, 2005, for voting in a runoff election to elect City Council, Place 6 (Notifiquese, por las presente, que las casillas electorales sitados abajo se abriran desde las 7:00 de la manana hasta las 7:00 de la noche el 17 de diciembre de 2005 para votar en el election carrera final para elegir el miembro del Ayuntamiento Municipal, Lugar Num 6. LOCATIONS (S) OF POLLING PLACES: (DIRECCION(ES) DE LAS CASILLAS ELECTORALES.) City Pct. No. 1 - Caldwell Heights Elementary, 4010 Eagles Nest Street (Co. Pct. 149, 484) (Precinto Num. 1 de la Ciudad - (Precintos 149, 484) City Pct. No. 2 - Stony Point High School, 1801 Bowman Road (Co. Pct. 420, 423, 436, 491) (Precinto Num. 1 de la Ciudad - (Precintos 420, 423, 426, 436, 491) City Pct. No. 3 - Forest Creek Elementary, 3805 Forest Creek Drive (Co. Pct. 424, 463, T-200) (Precinto Num. 1 de la Ciudad - (Precintos 424, 463) (Condado de Travis T-200) City Pct. No. 4 - Gattis Elementary, 2920 Round Rock Ranch Blvd. (Co. Pct. 480, 488) (Precinto Num. 1 de la Ciudad - (Precintos 480, 488) City Pct. No. 5 - First Baptist Church, 306 Round Rock Avenue (Co. Pct. 150, 172, 455) (Precinto Num. 1 de la Ciudad - (Precintos 150, 172, 455) City Pct. No. 6 - Round Rock High School, 300 Lake Creek Drive (Co. Pct. 122, 160) (Precinto Num. 1 de la Ciudad - (Precintos 122, 160) City Pct. No. 7 - Bluebonnet Elementary, 1010 Chisholm Valley Dr. (Co. Pct. 135, 137,138, T-225) (Precinto Num. 1 de la Ciudad - (Precintos 135, 137, 138) (Condado de Travis T-225) City Pct. No. 8 - Old Town Elementary, 2200 Chaparral Drive (Co. Pct: 119, 348, 382) (Precinto Num. 1 de la Ciudad -- (Precintos 119, 348, 382) Early voting by personal appearance will be conducted each weekday at: (La votacion adelantada en persona se llevara a cabo de lunes a viernes por el dia de recuerdo en:) • Robert G. & Helen Griffith Public Library 216 E. Main Street, Round Rock (Main early voting location) (Biblioteca Publica Robert G. & Helen Griffith) (Lugar principal de votacion temprana) • Round Rock Independent School District Administration Bldg. -1311 Round Rock Ave., Round Rock • United Heritage Conference Center - 3400 East Palm Valley Boulevard, Round Rock • Clay Madsen Recreation Center - 1600 Gattis School Road, Round Rock beginning on November 30, 2005 (empezando el 30 de noviembre de 2005) and ending on December 13, 2005. (y terminando el 13 de diciembre de 2005 .) November 30 - December 2, 2005 (Weekdays) 8:00 a.m. - 5:00 p.m. (38 de noviembre a 2 de diciembre de 2005 (entre semana) December 5 - December 9, 2005 (Weekdays) 8:00 a.m. - 5:00 p.m. (5 de diciembre a 9 de diciembre 2005) (entre semana) December 10, 2005 (Saturday) 10:00 a.m. - 6:00 p.m. (10 de diciembre de 2005) (sabado) December 12 - December 13, 2005 (Weekdays) 7:00 a.m. - 7:00 p.m. (12 de diciembre a 13 de diciembre 2005) (entre semana) Applications for ballot by mail shall be mailed to: (Las solicitudes para boletas que se votaran en ausencia por correo deberan enviarse a.) Cliff Borofsky (Name of Early Voting Clerk) (Nombre del Secretario(a) de la Votacion Adelantada) P. O. Box 209 (Address)(Direccion) Georgetown, Texas 78627 (City)(Ciudad) (Zip Code)(Zona Postal) Applications for ballot by mail must be received no later than the close of business on December 9, 2005. (Las solicitudes para boletas que se votaran en ausencia por correo deberan recibirse para el fin de las horas de negocio el 9 de diciembre, de 2005) Issued this the 17th day of November, 2005. (Emitada este dia 17 de noviembre, 2005.) of Mayo irma Del Alcalde)