City Council

Oscar Leeser

Peter Svarzbein, District 1

Mayor

Jim Tolbert, District 2

 

Emma Acosta, District 3

 

Carl L. Robinson, District 4

Tommy Gonzalez

Michiel R. Noe, District 5

City Manager

Claudia Ordaz, District 6

 

Lily Limón, District 7

 

Cortney Carlisle Niland, District 8

 

 

SPECIAL MEETING OF THE CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS

June 19, 2017

1:00 PM

 

The City Council met at the above place and date.  Meeting was called to order at 1:05 p.m.  Mayor Oscar Leeser present and presiding and the following Council Members answered roll call:  Peter Svarzbein, Emma Acosta, Carl Robinson, and Claudia Ordaz.  Late arrival:  Lily Limón at 1:07 p.m.  Not Present:  Jim Tolbert and Cortney Niland.  Michiel R. Noe requested to be excused.

 

 

 

 

AGENDA

 

 

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1.

RESOLUTION CANVASSING RETURNS

OF THE RUNOFF ELECTION FOR THE

2017 CITY GENERAL ELECTION AND THE

SPECIAL ELECTION TO FILL DISTRICT 8 VACANCY

            WHEREAS, the City Council of the City of El Paso ordered an election to be held in said City on May 6, 2017, for the purpose of electing certain City officials for the terms as established by and in accordance with the Charter of the City of El Paso; and

            WHEREAS, no candidate for the office of Mayor and District Representative Nos. 2, 3, and 4, and the Judges of the Municipal Court No. 1 and the Municipal Court of Appeals received greater than fifty percent (50%) of the votes cast; and

            WHEREAS, the City Council of the City of El Paso ordered a runoff election to be held in said City on June 10, 2017 for the aforementioned offices; and

            WHEREAS, the City Council of the El Paso ordered a special election to be held in said City on June 10, 2017 for the purpose of filling the vacancy created in the office of Representative for District No. 8 for the unexpired term; and

            WHEREAS, the election officers who held said runoff and special election have duly made returns of the results thereof, and said returns have been duly delivered to the City Council.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            1.         That the City Council officially finds and determines that notice of said runoff election and special election were duly given, that proper election officers were duly appointed prior to said elections, that said elections were duly held, that due returns of the results of said elections have been duly made and delivered, that the election returns have properly been made out and duly certified by the officers of said elections in the different voting precincts of the City, and that the City Council has duly canvassed said returns, all in accordance with law and the resolution and amendments thereto calling said runoff and special elections.

            2.         That the City Council officially finds and determines that the following votes were cast at said runoff and special election for the following officers by the resident, qualified electors of said City, who voted at the election:

 

MAYOR

Dee Margo                              17154

David Saucedo                       12941

DISTRICT REPRESENTATIVE NO. 2

Alexsandra Annello               1929

Jim Tolbert                            1242

DISTRICT REPRESENTATIVE NO. 3

Cassandra Hernandez Brown                                        2711

Jaime Barceleau                     1864

DISTRICT REPRESENTATIVE NO. 4

Sam Morgan                           2555

Shane Haggerty                      2168

DISTRICT REPRESENTATIVE NO. 8

Gilbert Guillen                         637

Trini Acevedo                          151

Adolfo Lopez                           538

Cissy Lizarraga                       1030

Robert Cormell                       1724

JUDGE, MUNICIPAL COURT NO. 1

Michelle Morales                     14762

Jorge Rivas, Jr.                      12610

JUDGE, MUNCIPAL COURT OF APPEALS

Odell S. Holmes, Jr.               15079

Omar Carmona                      12719

            3.         That in the case of the following offices, the following persons received more than a 50% majority of the votes cast for candidates for such offices and are hereby declared elected to such offices for the ensuing terms, or until the election and qualification of their successors, subject to the proper issuance of certificates of election by the presiding officer, and that the number of votes cast for each person who was a candidate for such offices, according to the returns, is shown in paragraph 2 hereof:

 

MAYOR

Dee Margo

DISTRICT REPRESENTATIVE NO. 2

Alexsandra Annello              

DISTRICT REPRESENTATIVE NO. 3

Cassandra Hernandez Brown                                               

DISTRICT REPRESENTATIVE NO. 4

Sam Morgan                          

JUDGE, MUNICIPAL COURT NO. 1

Michelle Morales                    

JUDGE, MUNCIPAL COURT OF APPEALS

Odell S. Holmes, Jr.  

            4.         That in the case of the office of Representative District No. 8, no person received more than a 50% majority of all votes cast for the candidates for such office, and accordingly no one for this office is declared elected and a runoff election is to be called by the City Council in accordance with the Texas Election Code; and that the number of votes cast for each person who was a candidate for such office, according to the returns, is shown in paragraph 2 hereof.

            5.         That on file in the City Clerk's Office and made a part hereof by reference are copies of the mechanical precinct tabulations of the votes cast at the Runoff Election for the 2017 City General Election and the Special Election to fill the vacancy in the office of Representative for District No. 8, showing the number of votes cast in each precinct for each candidate.

6.         That this Resolution is adopted subject to the right of any candidate to contest such runoff or special election in any way provided by law.

            7.         That this Resolution was acted upon in accordance with the law by the presiding officer and the City Council and was deemed by said City Council that upon passage of the Resolution, it shall take effect immediately.

            8.         This Resolution shall be spread upon the minutes of the City Council, and the City Clerk shall record the amendments so adopted in the separate book kept in her office for such purpose.

Motion made by Representative Limón, seconded by Representative Svarzbein, and unanimously carried to APPROVE the Resolution.

 

NOT PRESENT FOR THE VOTE: Representatives Tolbert and Niland

ABSENT: Representative Noe

 

 

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2.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO, TEXAS

CALLING FOR A RUNOFF ELECTION TO BE HELD ON JULY 15, 2017

FROM THE SPECIAL ELECTION TO FILL THE VACANCY CREATED IN

THE OFFICE OF REPRESENTATIVE FOR DISTRICT NO. 8.

            WHEREAS, following its Special Election held on June 10, 2017, the City of El Paso (“City”) has found it necessary under the City of El Paso Charter and the laws of the State of Texas to hold a runoff election to fill the vacancy in the office of Representative for District No. 8; and

            WHEREAS, the City will hold a runoff election on July 15, 2017 to fill the aforementioned vacancy, to be elected by a majority of the votes cast.

            NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO THAT:

SECTION 1 – OFFICIAL POSITION TO BE FILLED WITH RUNOFF ELECTION

A runoff election of the City of El Paso is hereby called to take place on July 15, 2017 for the purpose of electing the following named officer of the City of El Paso:

                          District Representative No. 8

Such runoff election shall be held in the manner and form prescribed by the laws of the State of Texas.  At such runoff election all qualified voters of the City shall be permitted to vote, and shall vote at the polling place designated for the election precinct in which they reside. The qualified voters who reside in the Representative District No. 8 may vote in this runoff election.   The candidate receiving a majority of the votes cast for the position shall be declared elected to such office.

Such election shall be held at the precincts and the polling places designated in Exhibit "A" or such other locations as may be designated prior to the election by the El Paso County Elections Administrator or City Clerk, attached hereto and made a part hereof for all purposes, and said polling places shall open at 7 a.m. and remain open until 7 p.m. on the day of the election.

SECTION 2 – ELECTION SERVICES CONTRACT WITH COUNTY

As necessary, the City Manager is hereby authorized to execute a contract, joint or otherwise, with the El Paso County Elections Administrator for the purpose of having El Paso County furnish all or any portion of the election services and equipment needed by the City Clerk to conduct the runoff election. The contract document and election services provided therein shall conform to Chapter 31, Subchapter D, of the Texas Election Code and all other applicable statutes and laws.

The election services contract shall provide (a) the type of electronic voting equipment to be used for early voting by personal appearance and on election day, (b) notification and training for election judges and clerks, (c) an estimate and final payment terms for the election services provided, (d) agreements for early voting equipment and voting machine rental, and (e) other procedures necessary to conduct the election.

SECTION 3 – EARLY VOTING CLERK FOR THE RUNOFF ELECTION

Lisa Wise, El Paso County Elections Administrator, 500 E. San Antonio, Suite 314, El Paso, Texas, 79901, is hereby appointed as Early Voting Clerk. 

SECTION 4 – EARLY VOTING

Early voting by personal appearance shall be conducted at the El Paso County Courthouse, located at 500 E. San Antonio, El Paso, Texas 79901. In addition, early voting may also occur at such branch early voting polling places as are designated herein or otherwise designated by the El Paso County Elections Administrator and posted at City Hall by the City Clerk.  The locations and hours for early voting by personal appearance shall be authorized for such election as set forth in Exhibit “A.”

In addition, mobile voting stations may be authorized and used for early voting at publicly owned buildings in the City as established by the El Paso County Elections Administrator.  The City Clerk is authorized to make corrections or revisions to the list of these mobile stations, including the respective hours for early voting by personal appearance at these stations.  The City Clerk is further authorized to make corrections or revisions to the list of early voting stations as set forth above, including the respective hours for early voting by personal appearance at these stations, and revise and correct all election notices regarding the early voting locations and the mobile voting stations, and the dates and times for such voting.

For purposes of processing ballots cast in early voting, the election officers for the Early Voting Ballot Board shall be appointed and designated in accordance with the provisions of the election agreement with El Paso County.

SECTION 5 – VOTING MACHINES AND ELECTION RESULTS

Voting machines used for the conduct of the runoff election, shall be procured, maintained, operated, sealed and the votes therefrom tabulated pursuant to procedures established and authorized by the laws of the State of Texas.

The results of the runoff election shall be certified, canvassed, and returned in the form and manner prescribed by law.

SECTION 6 – NOTICE OF ELECTION

The notice of the runoff election hereby ordered and called shall be promulgated, published and posted in keeping with the state and local laws.  A substantial copy of this resolution shall serve as proper notice of said election.

The City Clerk shall give notice of such runoff election by posting a notice of such election in English and Spanish in the Office of the City/Municipal Clerk as provided by law and by publishing a copy of said notice in both English and Spanish in a newspaper in the City as required by law.

The City Clerk shall deliver notice of this runoff election to the county clerk and voter registrar of El Paso County, as required by law.

SECTION 7 – COMPLIANCE WITH APPLICABLE LAWS

The City Manager and the City Clerk, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of federal and state law in carrying out and conducting the runoff election, whether or not expressly authorized herein.

 

Motion mad by Representative Limon, seconded by Representative Acosta, and unanimously carried to APPROVE the Resolution.

 

NOT PRESENT FOR THE VOTE: Representatives Tolbert and Niland

ABSENT: Representative Noe

 

 

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ADJOURN

Motion made by Representative Svarzbein, seconded by Representative Limon, and unanimously carried to ADJOURN this meeting at 1:11 p.m.

NOT PRESENT FOR THE VOTE: Representatives Tolbert and Niland

ABSENT: Representative Noe

 

 

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APPROVED AS TO CONTENT:

 

 

 

 

 

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Richarda Duffy Momsen, City Clerk