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June 25, 2013* Agenda packet
1. City Council Agenda Page 1 of 1 June 25, 2013
NOTICE OF A PUBLIC MEETING
AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL
THE CITY OF SAN ANGELO, TEXAS
9:00 A.M. - Tuesday, June 25, 2013
McNease Convention Center, South Meeting Room
500 Rio Concho Drive
San Angelo, TX 76903
THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.
ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH
MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE
IS 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. every
day 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 Order
B. Prayer and Pledge
II. SPECIAL AGENDA
1. Consideration of adopting a Resolution canvassing the returns and declaring the results of the
Runoff Election on June 15, 2013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS,
CANVASSING RETURNS OF A RUNOFF ELECTION HELD IN SAID CITY ON THE 15TH
DAY OF JUNE, 2013, FOR THE PURPOSE OF ELECTING A MAYOR AND FOR THE
PURPOSE OF ELECTING MUNICIPAL OFFICERS TO FILL VACANCIES FOR UNEXPIRED
TERMS FOR SINGLE MEMBER DISTRICT 1 AND SINGLE MEMBER DISTRICT 5;
DECLARING RESULTS OF THE RUNOFF ELECTION; PROVIDING A SEVERABILITY
CLAUSE; 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 Guests
4. Adjournment
Note: A reception will be held upon adjournment.
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Friday, June 21, 2013, at 5:00 P.M.
/s/________________________
Alicia Ramirez, City Clerk
2. City of San Angelo
Office of the City Clerk
Memo
Date: June 15, 2013
To: Mayor and Councilmembers
From: Alicia Ramirez, City Clerk
Subject: Agenda Item for June 25t Special Council Meeting
Contact: Alicia Ramirez, City Clerk, 657-4405
Caption: Regular Item
Consideration of adopting an Resolution canvassing the returns and declaring the
results of the Runoff Election held on June 15, 2013
AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO,
TEXAS, CANVASSING RETURNS OF A RUNOFF ELECTION HELD IN SAID
CITY ON THE 15TH
DAY OF JUNE, 2013, FOR THE PURPOSE OF ELECTING A
MAYOR AND FOR THE PURPOSE OF ELECTING MUNICIPAL OFFICERS TO
FILL VACANCIES FOR UNEXPIRED TERMS FOR SINGLE MEMBER DISTRICT
1 AND SINGLE MEMBER DISTRICT 5; DECLARING RESULTS OF THE
RUNOFF ELECTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE
Administration of Oaths of Office for Mayor and Single Member District
Representatives 1 and 5, and presentation of Certificates of Election
Introduction of Special Guests
________________________________________________________________________________
Summary: The Final Canvass Order contains the Precinct by Precinct Report and cumulative
totals for each race. The Ballot Board met on Friday, June 21st
, to count any approved provisional
ballots and Federal ballots received from overseas. Election night return reports are attached for
your 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
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN ANGELO, TEXAS, CANVASSING RETURNS OF A
RUNOFF ELECTION HELD IN SAID CITY ON THE 15TH
DAY OF JUNE, 2013, FOR THE PURPOSE OF ELECTING A
MAYOR AND FOR THE PURPOSE OF ELECTING
MUNICIPAL OFFICERS TO FILL VACANCIES FOR
UNEXPIRED TERMS FOR SINGLE MEMBER DISTRICT 1
AND SINGLE MEMBER DISTRICT 5; DECLARING
RESULTS OF THE RUNOFF ELECTION; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, pursuant to Resolution No. 2013-05-079 of the City of San Angelo, Texas, adopted
on the 21st
day of May, 2013, a Runoff Election was duly held on the 15th
day of
June, 2013, for the purpose of electing municipal officers for the following positions:
Mayor and City Councilmember from Single Member District 1 to fill vacancy for
the unexpired term and City Councilmember from Single Member District 5 to fill
vacancy for the unexpired term; and
WHEREAS, said Runoff Election was held with the solemnities and formalities necessary to make
a valid election, all notices having been posted in the manner and for the length of
time required by law; and
WHEREAS, only duly qualified resident voters of the City of San Angelo, Texas, voted at the
Runoff Election duly called and held on June 15, 2013; and
WHEREAS, section 67.003(a) of the Texas Election Code, as amended, provides that each local
canvassing authority shall convene to conduct the local canvass at the time set by the
canvassing authority's presiding officer, to wit: June 25, 2013 which is not earlier than
the eighth (8th
) day or later than the eleventh (11th
) day after election day; and
WHEREAS, section 67.004(a) of the Texas Election Code, as amended, establishes the quorum
level required to canvass election results to be two members of the canvassing
authority; and
WHEREAS, a quorum of the City Council met on Tuesday, June 25, 2013, and duly canvassed the
election returns of the above described Runoff Elections, attached hereto as Exhibit
“A”; and
WHEREAS, it is hereby officially found and determined that the meeting at which this resolution
was passed was open to the public, and public notice of the time, place and purpose
of this meeting was given, all as required by the Texas Government Code.
4. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN
ANGELO, TEXAS:
Section 1. The findings set forth above are determined to be true and correct and are
incorporated 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 to
be held in the City of San Angelo, Texas on the 15th
day of June, 2013, for the purpose of electing a
Mayor to a two (2) year term of office; and for the purpose of electing a City Council Member from
Single Member District 1 and a City Council Member from Single Member District 5 to unexpired
terms of office; and that proper notice of said election was duly given; that proper election officers
were duly appointed prior to said election; that said election has been made and delivered; and that
the 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 resident
voters of the City were allowed to vote at said election, and the following votes were cast at said
election, and that the canvass of the votes cast in said election and returns thereof, which is attached
hereto as Exhibit “A”, were made in accordance with the law.
Absentee Early Voting Election Day Total
Mayor
Kendall 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 Total
Single Member District 1
Rodney 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%
1558
Single Member District 5
David McBride 16 33.33% 326 35.17% 203 51.79% 545 39.87%
H.R. “Winkie” Wardlaw
III
32 66.67% 601 64.83% 189 48.21% 822 60.13%
1367
Section 4. Pursuant to the applicable provisions of the Texas Local Government Code, Texas
Election Code, and the City of San Angelo, Texas Home-Rule Charter, the City Council officially
finds, determines and declares the results of said Runoff Election to be that:
5. 1) Dwain Morrison was duly elected Mayor to a two (2) year term of office by
majority vote of the voters.
2) Rodney Fleming was duly elected City Council Member from Single
Member District 1 to an unexpired term of office of office by majority vote
of the voters.
3) H.R. “Winkie” Wardlaw III was duly elected City Council Member from
Single Member District 5 to an unexpired term of office of office by majority
vote 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 judgment
or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this Order, since the same would
have been enacted by the City Council without the incorporation in this Resolution of any such
unconstitutional 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 THE
CITY OF SAN ANGELO, TEXAS ON THE 25th
DAY OF JUNE, 2013.
THE CITY OF SAN ANGELO
___________________________
ATTEST: Alvin New, Mayor
__________________________
Alicia Ramirez, City Clerk
Approved as to Content: Approved as to Form:
__________________________ __________________________
Alicia Ramirez, City Clerk Lysia H. Bowling, City Attorney