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Home My WebLink AboutResolution No. 2009-49 RESOLUTION NO. R2009-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS CALLING A SPECIAL ELECTION TO BE HELD WITHIN THE CITY FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS, IN A LOCAL OPTION ELECTION, THE ISSUES OF: 1) LEGALIZING THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION ONLY AND 2) LEGALIZING THE SALE OF MIXED BEVERAGES IN . RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY; MAKING PROVISIONS FOR THE CONDUCT AND THE GIVING OF NOTICE OF THE ELECTION; AND CONTAINING OTHER PROVISIONS RELATING THERETO. � � � � � WHEREAS, on April 29, 2009, the City of Friendswood, Texas (the "City") received an application for a written petition for a local option election, from ten or more qualified voters of the city, for the issue of the "legalization of the sale of beer and wine for off-premise consumption only"; and; and WHEREAS, on April 29, 2009, the City of Friendswood, Texas (the "City") received another application for a written petition for a local option election, from ten or more qualified voters of the city, for the issue of the "legalization of the sale of mixed beverages in restaurants by food and beverage certificate holders only"; and WHEREAS, on May 1, 2009, the City Secretary issued the petitions and notified the Texas Alcoholic Beverage Commission and Secretary of State, as required by law; and WHEREAS, the petitions were returned on June 1, 2009, and on July 6, 2009, the City Council accepted the certification of the executed petitions; and WHEREAS, the City Council of the City of Friendswood, Texas, finds and determines that it is necessary and advisable to call and hold a special election for and within the City on the issues hereinafter set forth; and WHEREAS, it is hereby officially found and determined that said election will be held on November 3, 2009, a uniform election date established by Section 41.001(a), Texas Election Code, as amended, as required by Texas law;Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. Findin s. The statements contained in the preamble of this Resolution are true and correct and are hereby adopted as findings of fact and as a part of the operative provisions hereof. Section 2. Special Election Ordered; Date; Propositions. A special election (the "Election") shall be held for and within the City on Tuesday, November 3, 2009 ("Election Day"), in accordance with the Texas Election Code (the "Code"). In accordance with Texas Election Code §501.035(b), the Ballot shall be prepared to permit voting "for" or "against" the following issues: ISSUE NO. ONE "The legal sale of beer and wine for off-premise consumption." ISSUE NO. TWO "The legal sale of mixed beverages in restaurants by food and beverage certificate holders only." Section 3. Official Ballot. (a) The DRE Voting System and electronically counted paper ballots, an electronic voting system, as defined and described by Title 8, Texas Election Code, shall be used for said election, and the following are hereby appointed officers of said election to serve at the Central Counting Station: Manager of the Central Counting Station: Deloris McKenzie Tabulation Supervisor: Melinda Welsh Presiding Judge for the Central Counting Station: R.J. Blanken Clerks: Sharon Parks Michelle Perez Amber Maurer (b) The preparation of the necessary equipment and the official ballots for the Election shall conform to the requirements of the Code so as to permit the electors to vote "FOR" or"AGAINST" the aforesaid Issues which shall be set forth on the ballot in substantially the following form: ISSUE NO. ONE R2009-49 2 [ ] FOR ) The legal sale of beer and wine for off-premise ) consumption. ) [ ] AGAINST ) ISSUE NO. TWO [ ] FOR ) The legal sale of mixed beverages in restaurants by food ) and beverage certificate holders only. [ ] AGAINST ) Section 4. Persons Qualified to Vote. All resident, qualified electors of the City shall be eligible to vote at the Election. Section 5. Election Precincts, Votin� Locations and Votin� Hours on Election Day. The election precincts for the Election shall consist of the territory within the boundaries of the City situated within one or more County election precincts, which bear the precinct numbers set forth in Exhibit A attached hereto and incorporated herein. The voting location for voting on Election Day for each election precinct shall be as set forth in Exhibit A. On Election Day the polls shall be open from 7:00 a.m. to 7:00 p.m. Section 6. Early Voting Locations, Dates and Times. Early voting by personal appearance for all election precincts shall be held at the locations, at the times and on the days set forth in Exhibit B. The address for applications for ballot by mail and the Early Voting Clerk shall also be set forth in Exhibit B. 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 Texas Election 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 Election Code. Section 8. Notice of Election. Notice of such election shall be given by posting a substantial copy of this election resolution, in English and Spanish, at the City Hall on or before the 21St day prior to the date set for the Election. Additionally, notice of this election, in English and Spanish, also shall be published in a newspaper of general circulation at least once between the 30�' and 10�' day before Election Day. Notice of the Election shall also be provided to the county clerks of the Counties not later than the 60th day before the Election Day. Section 9. Conduct of Election. Said Election shall be held in accordance with the Code, except as modified by the Texas Government Code and the Federal Voting Rights Act of 1965, as amended, including particularly Chapter 272 of the Code pertaining to bilingual requirements. R2009-49 3 Section 10. Necessary Actions. The Mayor, in consultation with the City Attorney, is hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein. Section 11. Severabilitv. If any provision, section, subsection, sentence, clause or phrase of this Resolution, or the application of the same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid or unenforceable, neither the remaining portions of this Resolution nor their application to other persons or sets of circumstances shall be affected thereby, it being the intent of the City Council in adopting this Resolution that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, invalidity or unenforceability of any other portion hereof, and all provisions of this Resolution are declared to be severable for that purpose. PASSED AND APPROVED this 17th day of August,2009. Da 'd J. . S ' Mayor ATTEST: �.. oF FR�Fpos _ ,� �t � o D loris McKenzie, T C J � o City Secretary '� * � 9TF OF TE�'� R2009-49 4 EXHIBIT A Election Day Pollin�Places 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. Polling Place: Friendswood City Hall 910 South Friendswood Drive Friendswood, Texas Election Officers: Karen Van Auken,Presiding Judge Lynette Burns, Alternate Judge A-1 EXHIBIT B EARLY VOTING LOCATION: City Hall 910 South Friendswood Drive Friendswood, Texas 77546 HOURS FOR EARLY VOTING: Monday through Thursday, October 19—22, 2009 7:30 a.m.—5:30 p.m. Friday, October 23, 2009 7:00 a.m. —7:00 p.m. Monday through Thursday, October 10/26—29, 2009 7:30 a.m. —5:30 p.m. Friday, October 30, 2009 7:00 a.m. —7:00 p.m. Saturday, October 24, 2009 8:00 a.m. —5:00 p.m. EARLY VOTING CLERK: Ms. Deloris McKenzie City Secretary B-1