City Council Agenda Page 1 of 1 June 25, 2013NOTICE OF A PUBLIC MEETINGAN AGENDA OF A REGULAR MEETING OF THE CITY COUNCILTHE CITY OF SAN ANGELO, TEXAS9:00 A.M. - Tuesday, June 25, 2013McNease Convention Center, South Meeting Room500 Rio Concho DriveSan Angelo, TX 76903THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,ROOM 208, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. everyday for two weeks beginning on the Thursday after each meeting.As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate”Thank You!I. OPEN SESSION (9:00 A.M.)A. Call to OrderB. Prayer and PledgeII. SPECIAL AGENDA1. Consideration of adopting a Resolution canvassing the returns and declaring the results of theRunoff Election on June 15, 2013A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS,CANVASSING RETURNS OF A RUNOFF ELECTION HELD IN SAID CITY ON THE 15THDAY OF JUNE, 2013, FOR THE PURPOSE OF ELECTING A MAYOR AND FOR THEPURPOSE OF ELECTING MUNICIPAL OFFICERS TO FILL VACANCIES FOR UNEXPIREDTERMS FOR SINGLE MEMBER DISTRICT 1 AND SINGLE MEMBER DISTRICT 5;DECLARING RESULTS OF THE RUNOFF ELECTION; PROVIDING A SEVERABILITYCLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE(Presentation by City Clerk Alicia Ramirez)2. Administration of Oaths of Office for Mayor and Single Member District Representatives 1 and 5,and presentation of Certificates of Election(Administered by City Clerk Alicia Ramirez and presentation by Mayor New)3. Introduction of Special Guests4. AdjournmentNote: A reception will be held upon adjournment.Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter551, Friday, June 21, 2013, at 5:00 P.M./s/________________________Alicia Ramirez, City Clerk
City of San AngeloOffice of the City ClerkMemoDate: June 15, 2013To: Mayor and CouncilmembersFrom: Alicia Ramirez, City ClerkSubject: Agenda Item for June 25t Special Council MeetingContact: Alicia Ramirez, City Clerk, 657-4405Caption: Regular ItemConsideration of adopting an Resolution canvassing the returns and declaring theresults of the Runoff Election held on June 15, 2013AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO,TEXAS, CANVASSING RETURNS OF A RUNOFF ELECTION HELD IN SAIDCITY ON THE 15THDAY OF JUNE, 2013, FOR THE PURPOSE OF ELECTING AMAYOR AND FOR THE PURPOSE OF ELECTING MUNICIPAL OFFICERS TOFILL VACANCIES FOR UNEXPIRED TERMS FOR SINGLE MEMBER DISTRICT1 AND SINGLE MEMBER DISTRICT 5; DECLARING RESULTS OF THERUNOFF ELECTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDINGFOR AN EFFECTIVE DATEAdministration of Oaths of Office for Mayor and Single Member DistrictRepresentatives 1 and 5, and presentation of Certificates of ElectionIntroduction of Special Guests________________________________________________________________________________Summary: The Final Canvass Order contains the Precinct by Precinct Report and cumulativetotals for each race. The Ballot Board met on Friday, June 21st, to count any approved provisionalballots and Federal ballots received from overseas. Election night return reports are attached foryour review and information.Financial Impact: The expense of the election is estimated between $30,000.00 and $40,000.00.Additional funds may or may not be required in account 101-0300-411.06-16.Other Information/Recommendation: Staff recommends adoption of the order canvassing returns.Attachments:• Order: Canvassing of the Elected Officials• Reports: Election Night Report, Canvass and Precinct by Precinct
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFSAN ANGELO, TEXAS, CANVASSING RETURNS OF ARUNOFF ELECTION HELD IN SAID CITY ON THE 15THDAY OF JUNE, 2013, FOR THE PURPOSE OF ELECTING AMAYOR AND FOR THE PURPOSE OF ELECTINGMUNICIPAL OFFICERS TO FILL VACANCIES FORUNEXPIRED TERMS FOR SINGLE MEMBER DISTRICT 1AND SINGLE MEMBER DISTRICT 5; DECLARINGRESULTS OF THE RUNOFF ELECTION; PROVIDING ASEVERABILITY CLAUSE; AND PROVIDING FOR ANEFFECTIVE DATEWHEREAS, pursuant to Resolution No. 2013-05-079 of the City of San Angelo, Texas, adoptedon the 21stday of May, 2013, a Runoff Election was duly held on the 15thday ofJune, 2013, for the purpose of electing municipal officers for the following positions:Mayor and City Councilmember from Single Member District 1 to fill vacancy forthe unexpired term and City Councilmember from Single Member District 5 to fillvacancy for the unexpired term; andWHEREAS, said Runoff Election was held with the solemnities and formalities necessary to makea valid election, all notices having been posted in the manner and for the length oftime required by law; andWHEREAS, only duly qualified resident voters of the City of San Angelo, Texas, voted at theRunoff Election duly called and held on June 15, 2013; andWHEREAS, section 67.003(a) of the Texas Election Code, as amended, provides that each localcanvassing authority shall convene to conduct the local canvass at the time set by thecanvassing authoritys presiding officer, to wit: June 25, 2013 which is not earlier thanthe eighth (8th) day or later than the eleventh (11th) day after election day; andWHEREAS, section 67.004(a) of the Texas Election Code, as amended, establishes the quorumlevel required to canvass election results to be two members of the canvassingauthority; andWHEREAS, a quorum of the City Council met on Tuesday, June 25, 2013, and duly canvassed theelection returns of the above described Runoff Elections, attached hereto as Exhibit“A”; andWHEREAS, it is hereby officially found and determined that the meeting at which this resolutionwas passed was open to the public, and public notice of the time, place and purposeof this meeting was given, all as required by the Texas Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANANGELO, TEXAS:Section 1. The findings set forth above are determined to be true and correct and areincorporated into the body of this Order as if fully set forth herein.Section 2. That the City Council officially finds and determines an election was duly ordered tobe held in the City of San Angelo, Texas on the 15thday of June, 2013, for the purpose of electing aMayor to a two (2) year term of office; and for the purpose of electing a City Council Member fromSingle Member District 1 and a City Council Member from Single Member District 5 to unexpiredterms of office; and that proper notice of said election was duly given; that proper election officerswere duly appointed prior to said election; that said election has been made and delivered; and thatthe City Council has duly canvassed said returns all in accordance with law.Section 3. That the City Council officially finds and determines that only qualified residentvoters of the City were allowed to vote at said election, and the following votes were cast at saidelection, and that the canvass of the votes cast in said election and returns thereof, which is attachedhereto as Exhibit “A”, were made in accordance with the law.Absentee Early Voting Election Day TotalMayorKendall Hirschfeld 67 40.85 2070 51.92% 960 44.40% 3097 49.06%Dwain Morrison 97 59.15 1917 48.08% 1202 55.60% 3216 50.94%Absentee Early Voting Election Day TotalSingle Member District 1Rodney Fleming 12 63.16% 591 58.00% 293 56.35% 896 57.51%Trinidad Aguirre Jr. 7 36.84% 428 42.00% 227 43.65% 662 42.49%1558Single Member District 5David McBride 16 33.33% 326 35.17% 203 51.79% 545 39.87%H.R. “Winkie” WardlawIII32 66.67% 601 64.83% 189 48.21% 822 60.13%1367Section 4. Pursuant to the applicable provisions of the Texas Local Government Code, TexasElection Code, and the City of San Angelo, Texas Home-Rule Charter, the City Council officiallyfinds, determines and declares the results of said Runoff Election to be that:
1) Dwain Morrison was duly elected Mayor to a two (2) year term of office bymajority vote of the voters.2) Rodney Fleming was duly elected City Council Member from SingleMember District 1 to an unexpired term of office of office by majority voteof the voters.3) H.R. “Winkie” Wardlaw III was duly elected City Council Member fromSingle Member District 5 to an unexpired term of office of office by majorityvote of the voters.Section5. It is hereby declared to be the intention of the City Council that the phrases, clauses,sentences, paragraphs and sections of this Resolution are severable, and if any phrase, clause,sentence, paragraph or section of this Order shall be declared unconstitutional by the valid judgmentor decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of theremaining phrases, clauses, sentences, paragraphs and sections of this Order, since the same wouldhave been enacted by the City Council without the incorporation in this Resolution of any suchunconstitutional phrase, clause, sentence, paragraph or section.Section 6. This Resolution shall be effective immediately upon its passage.The above resolution was, upon motion made by _________________ and seconded by_________________, DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF THECITY OF SAN ANGELO, TEXAS ON THE 25thDAY OF JUNE, 2013.THE CITY OF SAN ANGELO___________________________ATTEST: Alvin New, Mayor__________________________Alicia Ramirez, City ClerkApproved as to Content: Approved as to Form:__________________________ __________________________Alicia Ramirez, City Clerk Lysia H. Bowling, City Attorney