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City Council |
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Dee Margo |
Peter Svarzbein, District 1 |
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Mayor |
Alexsandra Annello, District 2 |
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Cassandra Hernandez, District 3 |
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Sam Morgan, District 4 |
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Tommy Gonzalez |
Michiel R. Noe, District 5 |
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City Manager |
Claudia Ordaz Perez, District 6 |
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Henry Rivera, District 7 |
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Cissy Lizarraga, District 8 |
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SPECIAL CITY COUNCIL MEETING MINUTES |
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MAIN CONFERENCE ROOM, 2ND FLOOR |
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November 19, 2018 |
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10:00 AM |
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The City Council met at the above place and date. Meeting was called to order at 10:03 a.m. Mayor Dee Margo present and presiding and the following Council Members answered roll call: Peter Svarzbein, Sam Morgan, Michiel Noe, and Henry Rivera. Late arrival: Cissy Lizarraga at 10:04 a.m. Representatives Annello, Hernandez and Ordaz Perez requested to be excused. |
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AGENDA |
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1. |
RESOLUTION CANVASSING RETURNS OF THE 2018 CITY GENERAL ELECTION
THE STATE OF TEXAS ) ) COUNTY OF EL PASO )
WHEREAS, the City Council of the City of El Paso ordered an election to be held in said City on November 6, 2018, 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, the election officers who held said election have duly made returns of the results thereof, and said returns have been duly delivered to said 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 said election was duly given, that proper notice of said election was duly given, that proper election officers were duly appointed prior to said election, that said election was duly held, that due returns of the results of said election have been duly made and delivered, that the election returns have properly been made out and duly certified by the officers of said election 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 election. 2. That the City Council officially finds and determines that the following votes were cast at said election for the following officers by the resident, qualified electors of said City, who voted at the election: DISTRICT REPRESENTATIVE NO. 1 Veronica Roni Frescas 7,448 Peter Svarzbein 8,115 Carlos F. Corral 4,387 Rick Bonart 6,585
DISTRICT REPRESENTATIVE NO. 5 Isabel Salcido 10,917 Jason K. Osborne 1,901 John B. Hogan 3,784 Kizito “Zito” Ekechukwu 2,641
DISTRICT REPRESENTATIVE NO. 6 Eric Stoltz 4,752 Claudia Ordaz Perez 12,361
DISTRICT REPRESENTATIVE NO. 8 Richard “Rich” Wright 2,400 Nicholas Anthony Vasquez 2,415 Greg Baine 2,175 Cissy Lizarraga 6,717 Dylan Corbett 1,697
3. That in the case of the offices of Representative District No. 1 and Representative District No. 8, no person received more than a 50% majority of all votes cast for the candidates for such offices, and accordingly no one for these offices 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 offices, according to the returns, is shown in paragraph 2 hereof. 4. That in the case of the following offices, the following persons who received more than a 50% majority of the votes cast for candidates for such offices 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: DISTRICT REPRESENTATIVE NO. 5 Isabel Salcido
DISTRICT REPRESENTATIVE NO. 6 Claudia Ordaz Perez
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 2018 City General Election 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 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 Svarzbein, seconded by Mayor Pro Tempore Noe, and unanimously carried to APPROVE the Resolution.
AYES: Representatives Svarzbein, Morgan, Noe, Rivera, and Lizarraga NAYS: None ABSENT: Representatives Annello, Hernandez, and Ordaz Perez |
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2. |
RESOLUTION CANVASSING RETURNS OF THE 2018 CITY SPECIAL ELECTION
THE STATE OF TEXAS ) ) COUNTY OF EL PASO )
WHEREAS, the City Council of the City of El Paso ordered a special election to be held in said City on November 6, 2018, for the purpose of determining whether a certain amendment to the City Charter should be adopted; and WHEREAS, the election officers who held said election have duly made returns of the results thereof, and said returns have been duly delivered to said 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 said election was duly given, that proper notice of said election was duly given, that proper election officers were duly appointed prior to said election, that said election was duly held, that due returns of the results of said Special Election have been duly made and delivered, that the election returns have properly been made out and duly certified by the officers of said election 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 calling said election.
2. That the City Council officially finds and determines that the following votes were cast at said Special Election by the resident, qualified electors of said City, who voted on the following Amendment to the Charter of the City of El Paso (Ballot Proposition A), the text of which is attached hereto as Exhibit A:
CITY OF EL PASO SPECIAL ELECTION FOR CHARTER AMENDMENT BALLOT PROPOSITION A
For: 88,207 Against: 66,549
3. (a) That the City Council officially finds, determines, and declares the result of said Special Election for the submission of City Charter Amendment and that City of El Paso Ballot Proposition A did receive a majority vote and therefore did carry. (b) That the City Council declares, in accordance with the provisions of Section 9.005 of the Texas Local Government Code, that City of El Paso Ballot Proposition A is adopted, and that this Resolution shall constitute the entry of an order in the records of the City declaring that such amendment to the City Charter is adopted and effective immediately upon the adoption of this Resolution.
4. 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 2018 City Special Election showing the number of votes cast in each precinct for the City Charter Amendment.
5. That this Resolution is adopted subject to the right of any person to contest such election in any way provided by law.
6. 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.
7. This Resolution shall be spread upon the minutes of the City Council, and the City Clerk shall record the Charter Amendment so adopted in the separate book kept in her office for such purpose. The Mayor shall certify the adoption of said Charter Amendment to the Secretary of State in accordance with Section 9.007 of the Texas Local Government Code.
Motion made by Representative Svarzbein, seconded by Representative Rivera, and unanimously carried to APPROVE the Resolution.
AYES: Representatives Svarzbein, Morgan, Noe, Rivera, and Lizarraga NAYS: None ABSENT: Representatives Annello, Hernandez, and Ordaz Perez |
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3. |
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO, TEXAS CALLING FOR A RUNOFF ELECTION TO BE HELD ON DECEMBER 15, 2018 FROM THE CITY’S 2018 GENERAL ELECTION; AND MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION; AND AUTHORIZING A CONTRACT WITH EL PASO COUNTY TO FURNISH ELECTION SERVICES AND EQUIPMENT.
WHEREAS, following its General Election held on November 6, 2018, 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 positions of the District Representatives from Single-Member District Nos. 1 and 8; and
WHEREAS, the City will hold a runoff election on December 15, 2018 to fill the aforementioned positions, 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 POSITIONS TO BE FILLED WITH RUNOFF ELECTION
A runoff election of the City of El Paso is hereby called to take place on December 15, 2018 for the purpose of electing the following officers of the City of El Paso:
District Representative No. 1 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 Nos. 1 and 8 shall vote for the Representative in their respective district. The candidate receiving a majority of the votes cast for each 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
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 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 made by Mayor Pro Tempore Noe, seconded by Representative Svarzbein, and unanimously carried to APPROVE the Resolution.
AYES: Representatives Svarzbein, Morgan, Noe, Rivera, and Lizarraga NAYS: None ABSENT: Representatives Annello, Hernandez, and Ordaz Perez |
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ADJOURN Motion made by Mayor Pro Tempore Noe, seconded by Representative Rivera, and unanimously carried to ADJOURN this meeting at 10:14 a.m.
AYES: Representatives Svarzbein, Morgan, Noe, Rivera, and Lizarraga NAYS: None ABSENT: Representatives Annello, Hernandez, and Ordaz Perez |
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APPROVED AS TO CONTENT: |
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____________________________ |
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Laura D. Prine, City Clerk |
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