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Home My WebLink AboutResolution No. 2009-15 RESOLUTION NO. R2009-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING RESOLUTION R2009-10 PROVIDING FOR THE HOLDING OF A GENERAL ELECTION ON MAY 9, 2009, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2) COUNCILMEMBERS (POSITION NOS. 1 AND 3) BY CORRECTING THE STATED TIMELINE FOR FILING FOR OFFICE; DESIGNATING THE POLLING PLACES AND APPOINTING ELECTION OFFICIALS FOR SUCH ELECTION; PROVIDING THE FORM OF THE BALLOTS AT SUCH ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. * * � * * WHEREAS, on the 23`d of February, 2009, the City Council of the City of Friendswood adopted Resolution R2009-10 calling a General Election for the second Saturday in May 2009, for the purpose of electing a Mayor and two Councilmembers (Pos.Nos.l and 3); and WHEREAS, Resolution R2009-10 stated that candidates must file for any of the above- mentioned positions no later that the sixty-seventh(67�`)day before the date of the election; and WHEREAS, state law provides that in a general election, candidates may file no later than the sixty-first(61 St)day before the election; and WHEREAS, while state law controls the timeline for the candidates to file for said offices, the City Council of the City of Friendswood seeks to amend Resolution R2009-10 to correct the error and be consistent with state law; and WHEREAS,the following shall amend,correct, and supersede Resolution No. R2009-10; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. General Election; Officers. In accordance with the general laws and Constitution of the State of Texas, a General Municipal Election is hereby called and ordered for the second Saturday in May 2009, the same being the 9th day of said month, at which general election all qualified voters of the City may vote for the purpose of electing the following officials of the City: Mayor Councilmember, Position No. 1 Councilmember,Position No. 3 Section 2. No person's name shall be placed upon the official ballot as a candidate for any of the above-mentioned Council positions unless such persons have filed his or her sworn application, as provided by Section 141.031 of the TExAS E�,ECTioN CoDE, with the City Secretary of the City at the City Hall, located at 910 South Friendswood Drive, Friendswood, Texas 77546, not later than five o'clock(5:00) p.m. on the sixty-first(61 st) day before the date of such election. The City Secretary shall note on the face of each such application the date and time of its filing. Such application shall include the number of the position the candidate is seeking. Section 3. The order in which the names of the candidates are to be printed on the ballot in said special election shall be determined by a drawing by the City Secretary, as provided by Section 52.094 of the TE�.s ELECT�oN CoDE. The City Secretary shall post a notice in her office, at least seventy-two (72) hours prior to the date on which the drawing is to be held, of the time and place of the drawing, and shall also give personal notice to any candidate who makes written request far such notice and furnishes to the City Secretary a self-addressed, stamped envelope. Each candidate involved in the drawing, or a designated representative, shall have a right to be present and observe the drawing. Section 4. The candidates receiving a majority of votes for the position to be filled at such election shall be declared elected. R2009-15 2 Section 5. Polling Place; Election Officials. Said election shall be held in each of the election precincts within said City and the polling places and election officials for each of said precincts shall be as follows: Election Precinct Nos. 456.457, 460, 461,462,483,484, and 485: Boundaries the same as those portions of Galveston County Election Precinct 456, 457, 460, 461, 462, 483, 484, and 485, lying within the City limits of the City of Friendswood. Election Precinct Nos. 378,474, and Part of Election Precinct No. 655: Boundaries the same as those portions of Harris County Election Precinct 378, 474, and part of Election Precinct No. 655, lying within the City limits of the City of Friendswood. Pollin P� Friendswood City Hall 910 South Friendswood Drive Friendswood, Texas Election Officers: Karen Van Auken,Presiding Judge Darlene Ursrey,Alternate Judge Central Counting Station: Presiding Judge: Eileen Mehnert Manager: Deloris McKenzie Tabulation Supervisor: Melinda Welsh Clerks: Sharon Parks Michelle Perez Amber Maurer The City Secretary is hereby authorized and directed to provide a copy of this Resolution to each judge as written notice of his or her appointment, as required by Section 32.009 of the TEXAS ELECTION CODE. The Presiding Judge shall have the authority to appoint qualified voters as clerks to assist in the holding of said election, but in no event shall the Presiding Judge appoint less than two (2) clerks. R2009-15 3 Section 6. Earlv Voting. Ms. Deloris McKenzie, City Secretary, is hereby appointed clerk for early voting; appointments by the City Secretary of deputy clerks for early voting shall be in accordance with Section 83.031 et seq., of the TEXAS ELECTION CODE and the City Hall 910 South Friendswood Drive Friendswood, Texas 77546 is hereby designated as the place for early voting for said election. Other than official state or federal holidays, and except as provided below, said clerks shall keep said office open for early voting for at least ten (10) hours, that is, from seven-thirty o'clock (7:30) a.m. until five-thirty o'clock (5:30) p.m., on Monday through Thursday, Apri127 through April 30, 2009, and Friday, May O1, 2009, for at least twelve (12) hours, that is from seven o'clock (7:00) a.m. until seven o'clock (7:00) p.m., on Monday, May 04, 2009, for at least ten (10) hours, that is from seven- thirty o'clock (7:30) a.m. until five-thirty o'clock (5:30) p.m. and May O5, 2009, for at least twelve (12) hours, that is from seven o'clock (7:00) a.m. until seven o'clock (7:00) p.m., beginning on the twelfth (12th) day and continuing through the fourth (4th) day preceding the date of said election. Provided, however, said clerks shall keep said office open for extended early voting on Saturday, May 02, 2009, for at least nine (9) hours, that is from eight o'clock (8:00) a.m. until five o'clock (5:00) p.m. Said clerks shall not permit anyone to vote early by personal appearance on any day that is not a regular working day for the clerk's office or as ordered, and under no circumstances shall they permit anyone to vote early by personal appearance at any time when such office is not open to the public. The above-described place for early voting is also the early voting clerk's mailing address to which ballot applications and ballots voted by mail may be sent. The early voting clerk, in accordance with the provisions of R2009-15 4 tlle TEXAS ELECTION CODE, shall maintain a roster listing each person who votes early by personal appearance and each person to whom an early voting ballot to be voted by mail is sent. The roster shall be maintained in a form approved by the Secretary of State. Section 7. Karen Van Auken is hereby appointed as Presiding Judge of the Early Voting Ballot Board. In accordance with Section 87.001 et seq., of the TE�.s ELECT�oN CoDE, said presiding judge shall appoint at least two (2) other members to said Board, and shall process early voting results in accordance with said TExas ELECT�oN CoDE. Section 8. Said election shall be held in accordance with the Constitution and laws of the State of Texas, and all duly qualified resident electors of the City of Friendswood, Texas, shall be entitled to vote. Section 9. Except as provided below, the voting at such election shall be by optical scan paper ballot. Early voting by personal appearance at such election shall be by optical scan paper ballot; early voting by methods other than by personal appearance shall be by optical scan paper ballot. In addition, Direct Recording Electronic (DRE) voting machines shall be available for early voting and for voting on Election Day. All expenditures necessary for the conduct of said election and the purchase or rental of materials or equipment therefore is hereby authorized. Section 10. Notice of the election ordered hereby shall be given in accordance with the provisions of the TExAS ELECT�oN CoDE and returns of such notice shall be made as provided for in said Code. The Mayor shall issue all necessary orders and writs for such election, and returns of same shall be made to the City Secretary immediately after the closing of the polls. Section 11. Said election shall be held in accordance with the TE�.s ELEC`rioN Co�E and the Federal Voting Rights Act of 1965, as amended. PASSED,APPROVED,AND RESOLVED this 23rd day of March 2009. R2009-15 5 � David J. H. Smith Mayor ATTEST . �' p� F R�EN�S � '` �o Deloris McKenzie, TRMC c� � v City Secretary ,� * �A � �4TF OF '�� R2009-15 6