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HomeMy WebLinkAboutOrdinance No. 2014-06 (Title: Ordering a City Election to be held on May 10,2014) ORDINANCE NO. 2014-06 AN ORDINANCE OF THE CITY COUNCIL OF FRIENDSWOOD CALLING FOR THE HOLDING OF A GENERAL ELECTION ON MAY 10, 2014, FOR THE PURPOSE OF ELECTING TWO (2) COUNCILMEMBERS, (POSITION NUMBERS 2 AND 5); ORDERING A RUNOFF ELECTION ON JUNE 14, 2014, IF NECESSARY; AND MAILING OTHER PROVISIONS RELATED TO THE SUBJECT. * * * * * * * * * * * * * * Y * + WHEREAS, in accordance with the laws of the State of Texas, on the 10th day of May, 2014, a General Election shall be held to elect two (2) Councilmembers (Position Numbers 2 and 5); and WHEREAS, the Friendswood City Council wishes to proceed with the ordering of such election and the City Council has determined that holding such election is in the public interest; and WHEREAS,the laws of the State of Texas further provide that the Election Code (Code) of the State of Texas is applicable to all municipal elections and in order to comply with said Code, an ordinance should be passed establishing the procedures to be followed and in designating the voting place(s)for the May 10, 2014, election; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF 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 2014, the same being the 10t" day of said month, at which election all qualified voters of the City may vote for the purpose of electing the following officials of the City: Councilmember,Position No. 2 Couneihnember,Position No. 5 Section 2. Placement on Official Ballot. 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 ELECTION 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 seventy-first (71") day before the date of such election, such date being February 28, 2014. 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. Order on Ballot. The order in which the names of the candidates are to be printed on the ballot in said General Election shall be determined by a drawing by the City Secretary, as provided by Section 52.094 of the TEXAS ELECTION 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 for 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. Determination of Ballots. The candidates receiving a majority of votes for the position to be filled at such election shall be declared elected. Section 5. Runoff Election. If no candidate for any office shall receive a majority of all votes cast for such office at such election as required by the City's home-rule Charter, a runoff election between the two (2) highest vote-getters for such office shall be held on Saturday, June 14, 2014, (the"Runoff Election"), as permitted by the TExAS ELECTION CODE. Ord 2014-06 2 Section 6. Joint Election. Said election shall be a joint election conducted in accordance with the "Joint Election Agreement' by and between the City and the Galveston County Consolidated Drainage District(GCCDD), approved on February 03, 2014. The joint election provided for in this Resolution shall be held at Friendswood City Hall, which shall be the polling place designated by the City Council for GCCDD elections within the relevant precincts as established by Galveston County Commissioners Court: The City will provide for staffing for the conduct of Early Voting to be held at City Hall and provide for the appointment of all election workers for Election Day. GCCDD will provide a representative at the Central Counting Station on election night to receive the unofficial tabulation of said election. Section 7. Polling Places; Election Officials. Said election shall be held in each of the election precincts within said City and the polling place 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 Nos. 456, 457,460, 461, 462, 483,484,and 485,lying within the City limits of the City of Friendswood. Ord 2014-06 3 Election Precinct Nos. 378, 474, and Part of Election Precinct No. 655: Boundaries the same as those portions of Harris County Election Precinct Nos. 378, 474, and part of Election Precinct No. 655, lying within the City limits of the City of Friendswood. GCCDD Precincts: Election Precinct Nos.456, 457, 460,461,462,483' 484,485,220, 401,402 and 482: Boundaries the same as those portions of Galveston County Election Precinct Nos. 456, 457, 460, 461, 462, 483, 484, 485, 220, 401, 402 and 482, lying within the boundaries of the Galveston County Consolidated Drainage District. Polling Place:lace: Friendswood City Hall 910 South Friendswood Drive Friendswood, Texas 77546 Election Officers: Karen Van Auken,Presiding Judge Lua n Erickson,Alternate Judge Central Counting Station: Presiding Judge: Sharon Parks Manager: Melinda Welsh Tabulation Supervisor: Michelle Perez Clerks: Susan Ballard Heather Van Dine Karri Castellow The City Secretary is hereby authorized and directed to provide a copy of this Ordinance 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. Section 8. Early Voting Clerks. Mary DeLay, Linda Thornton, and Lynette Burns are hereby appointed clerks for early voting; appointments by the City Secretary of deputy clerics Ord 2014-06 4 for early voting shall be in accordance with Section 83.031 et seg., 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, beginning on the twelfth (12t ) and continuing through the fourth (4th) day preceding the date of said election, 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, April 28, 2014, 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 Tuesday through Thursday, April 29 through May 01, 2014, for at least nine (9) hours, that is from eight o'clock (8:00) a.m, until five o'clock (5:00) p.m., on Friday May 02, 2014, on Monday, May 05, 2014, 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 on Tuesday, May 06, 2014, for at least twelve (12) hours, that is, from seven o'clock (7:00) a.m. until seven o'clock (7:00) p.m. Provided, however, said clerks shall keep said office open for extended early voting on Saturday, May 03, 2014, 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, 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 the TEXAS ELECTION CODE, shall maintain a roster listing each person who votes early by Ord 2014-06 5 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 9. Appointment of Presiding Judge — Early Voting. 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 10. Governing Law. Said election shall be held in accordance with the Constitution and laws of the State of Texas, and the City Charter and all duly qualified resident electors of the City of Friendswood, Texas, shall be entitled to vote. Section 11. Joint Election Agreement — Supplies. In accordance with the Joint Election Agreement, the City Secretary is hereby authorized and directed to furnish all necessary election supplies to conduct such election. Section 12. Voting Equipment. Except as provided hereafter, the voting at such election shall be by Direct Recording Electronic (DRE) voting machines. Early voting by methods other than by personal appearance shall be by optical scan paper ballot. All expenditures necessary for the conduct of said election and the purchase or rental of materials or equipment therefore is hereby authorized. Section 13. Notice. Notice of the election ordered hereby shall be given in accordance with the provisions of the TEXAS ELECTION 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. Ord 2014-06 6 Section 14. Canvass of the May 10, 2014 Election. City Council, as the canvassing authority of this election, shall canvass the returns at its scheduled meeting to be held on May 19, 2014, at 6:30 p.m. At the completion of the canvass,the Mayor shall deliver the returns and tally lists used in the canvass to the City Secretary; and, the City Secretary shall preserve them for a period in accordance with law. Section 15. Notice. It is further found and determined that in accordance with the order of this governing body the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessible to the general public, and such notice having been so posted and remaining posted continuously for at least seventy-two (72) hours preceding the scheduled time of such meeting. Section 16. Said election shall be held in accordance with the TExAS ELECTION CODE and the Federal Voting Rights Act of 1965, as amended, and all related laws. PASSED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING AS PROVIDED FOR BY SECTION 3.11(B) OF THE CITY CHARTER OF FRIENDSWOOD this 3 r day of February, 2014. Kevin M. Igo nd Mayor ATTEST: ... ✓�7-ems`- U . .o ° Melinda Welsh, TRMC City Secretary co es OF Ord 2014-06 7