city of abilene city council agendaww2.abilenetx.com/agendapackets/agenda...

City of AbileneCity Council Agenda

SPECIAL CALLED MEETING

Kyle McAlister, Mayor Pro-temShane Price, Council MemberJack Rentz, Council MemberRobert Hanna, City Manager

Anthony Williams,Mayor

Donna Albus, Council MemberWeldon Hurt, Council MemberSteve Savage, Council MemberStanley Smith, City AttorneyShawna Atkinson, Interim CitySecretary

Notice is hereby given of a meeting of the City Council of City of Abilene to be heldon Wednesday, May 15, 2019 at 8:30 AM at City Hall, 555 Walnut Street, CouncilChambers, Abilene, Texas, for the purpose of considering the following agenda items.All agenda items are subject to action. The City Council reserves the right to meet ina closed session on any agenda item should the need arise and if applicable pursuantto authorization by Title 5, Chapter 551, of the Texas Government Code.

CALL TO ORDER

INVOCATION

1. Councilmember Weldon Hurt

PLEDGE TO THE UNITED STATES FLAG AND THE TEXAS FLAG

SPECIAL CONSIDERATIONS

2. Resolution: Receive a Report, Hold a Discussion and Take Action onCanvassing the Returns and Declaring the Results of the General ElectionHeld in the City of Abilene on May 4, 2019 and Ordering a Runoff Election tobe Held on June 15, 2019. (Shawna Atkinson)

3. Issue the following to Councilmember-Elect Travis Craver - Place 6:Certificate of ElectionStatement of OfficerOath of Office

EXECUTIVE SESSION

4. The City Council of the City of Abilene reserves the right to adjourn intoexecutive session at any time during the course of this meeting to discuss any ofthe matters listed below, as authorized by the noted Texas Government CodeSections: 551.071 (Consultation with Attorney)

1. HB 347 - changes to annexation laws

RECONVENE

REGULAR AGENDA

5. Resolution: Receive a Report, Hold a Discussion and Take Action on Directing the City Manager to Prepare Service Plans for Areas in the City'sExtraterritorial Jurisdiction (ETJ) to be Considered for Annexation into theCorporate Limits of the City of Abilene (Stanley Smith)

ADJOURNMENT

In compliance with the Americans with Disabilities Act, the City of Abilene will provide forreasonable accommodations for persons attending City Council meetings. To better serveyou, requests should be received 48 hours prior to the meetings. Please call 325-676-6208.

CERTIFICATION

I hereby certify that the above notice of meeting was posted on the bulletin board at the CityHall of the City of Abilene, Texas, on the 10th day of May, 2019, at 2:15 p.m. _____________________________ Shawna AtkinsonInterim City Secretary

TO: Honorable Mayor and Members of City Council

FROM: Shawna Atkinson, Interim City Secretary

SUBJECT:

Resolution: Receive a Report, Hold a Discussion and Take Action on Canvassing theReturns and Declaring the Results of the General Election Held in the City of Abileneon May 4, 2019 and Ordering a Runoff Election to be Held on June 15, 2019. (ShawnaAtkinson)

City CouncilAgenda Memo

City Council Meeting Date: 5/15/2019

GENERAL INFORMATION

On February 14, 2019, the City Council ordered a general election to be held May 4, 2019for the purpose of electing one councilmember from Place 5 and one councilmember from Place 6. Texas Election Code, Title 6, Chapter 67, Section 67.002, requires that for an election ordered by an authorityof a political subdivision other than a county, the political subdivision's governing body must canvass theresults. Approval of this item will meet that requirement. The results provided by Taylor County report that Travis Craver received the majority of votes for Place 6,with no candidate for Place 5 having received a majority of the votes cast. The results are attached as Exhibit Ato the resolution being presented. The City Charter, Article III, Section 27, provides, in part, that "... a qualified person receiving a majority ofthe votes cast for any office shall thereupon be declared elected by said council." Further, City Charter,Article III, Section 28, requires, in part, that the City Council, "... upon declaring the official results of theelection, order a run off election for each office to which no one was elected." The declaration that TravisCraver was duly elected to Place 6 and the order of a runoff election to be held June 15, 2019 are bothaccomplished by adopting the resolution.


In ordering the runoff election, the terms and conditions of the joint election agreement and contract withTaylor County, adopted February 14 ,2019, will remain in full force and effect for the City of Abilene RunoffElection, and further provides that the County will appoint presiding/alternate judges.

FUNDING/FISCAL IMPACT

None

City Council Meeting, Agenda Item 2, Page 1 of 70

STAFF RECOMMENDATION

Staff recommends adoption of the Resolution canvassing the returns and declaring the official results of theMay 4, 2019 Special Election and ordering a Runoff Election to be held June 15, 2019.

BOARD OR COMMISSION RECOMMENDATION

None

ATTACHMENTS:Description TypeResolution - with results Resolution LetterResolution Ordering Election - 22-2019 Backup MaterialElections Contract with Taylor County Backup MaterialPresentation - Canvass Presentation


RESOLUTION NO. 108-2019

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS,

CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL

ELECTION HELD IN THE CITY OF ABILENE ON MAY 4, 2019 AND ORDERING A RUNOFF

ELECTION TO BE HELD ON JUNE 15, 2019 FOR CITY COUNCIL PLACE 5.

WHEREAS, on the 14th day of February 2019, the City Council of the City of Abilene,

through adoption of Resolution No. 22-2019, ordered a General election to be held in said City on the 4th day of May, 2019, in accordance with the provisions of the Charter of said city, for the

purpose of electing one councilmember from Place 5 and one councilmember from Place 6; and

WHEREAS, That the city council after having duly examined the Unofficial General

Election Returns submitted by Taylor County finds that it is a true and correct tabulation of the

election results; that the election held on May 4, 2019 was duly ordered and notice given in

accordance with law; that the election was held in the manner required by law; that only duly

qualified resident voters of the city of Abilene voted in the election; and that returns of the

election have been made by the proper officers; and

WHEREAS, That the canvass and tabulation of votes cast at the election for 2 members

of the city council, held May 4, 2019, discloses that the following candidate received a majority

of the votes cast at the election in his respective place:

Place 6 - Travis Craver

WHEREAS, That the canvass and tabulation of votes cast at the election discloses that no

candidate for Place 5 received sufficient votes to be elected to the city council; and that it is

necessary in conformity with the City Charter and the Texas Election Code, as amended, to call a runoff election for the purpose of voting upon candidates to fill Place 5 on the city council.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF ABILENE, TEXAS:

That the City Council of the City of Abilene finds and declares the results of such election as per

Exhibit A attached to this resolution.

That it is declared and ordered that Travis Craver has been elected Member of City Council,

Place 6; and

That a runoff election is hereby ordered to be held Saturday, June 15, 2019, for the purpose of

electing a Member of City Council, Place 5, the cost estimate hereby attached as Exhibit B; and

That the terms and conditions of the joint election agreement and contract with Taylor County, adopted on the 14th day of February 2019, through adoption of Resolution No. 23-2019, shall remain in full force and effect for the City of Abilene Runoff election; and,

That Taylor County shall be responsible for the appointment of the presiding judge and alternate

judge for each polling location in accordance with Chapter 32 of the Texas Election Code and may

employ other personnel necessary for the proper administration of the election; and


That election day voting will be 7 a.m. through 7 p.m. and locations of the polling places are as

designated in Exhibit C, attached to this resolution, but which locations may be changed by Taylor

County, and which changes, if any, are hereby made part of this resolution by reference and can

be found by visiting the Taylor County webpage: https://

www.taylorcountytexas.org/212/E lections or by contacting:

Taylor County Elections Administrator

400 Oak Street, #101, Abilene, Texas 79602

(325) 674-1216

That early voting will be conducted at the locations and during the dates and times established by

Taylor County, Texas, as reflected in Exhibit D, attached to this resolution, but which locations

may be changed by Taylor County, and which changes, if any, are hereby made part of this

resolution by reference and can be found by visiting the Taylor County webpage: https://

www.taylorcount ytexas.org/212/Elections or by contacting:

Taylor County Elections Administrator,


(325)674-1216

That the last day to register to vote for the June 15, 2019 City of Abilene Runoff Election is

Thursday, May 16, 2019.

That applications for ballots by mail must be received no later by 5:00 p.m., Tuesday, June 4, 2019,

and sent to the following:

Freda Ragan

Taylor County Elections Administrator P. 0. Box

3318

Abilene, Texas 79604

Email: [email protected]

That this Resolution shall take effect immediately from and after its passage, as indicated below.

ADOPTED by the City Council of the City of Abilene on the 15th day of May, 2019.

ATTEST:

_________________________________ _____________________________

Shawna Atkinson, Interim City Secretary Anthony Williams, Mayor

APPROVED:

______________________________

Stanley Smith, City Attorney


http://www.taylorcountytexas.org/212/Elections


mailto:[email protected]

mailto:[email protected]

RESOLUCIÓN NO 108-2019

UNA RESOLUCIÓN DEL CONSEJO MUNICIPAL DE LA CIUDAD DE ABILENE, TEXAS,

QUE SONDEANDO Y DECLARANDO LOS RESULTADOS DE LA ELECCIÓN GENERAL

LLEVADA A CABO EN LA CIUDAD DE ABILENE EL 4 DE MAYO DE 2019 Y ORDENA UNA

ELECCION POR SEGUNDA VUELTA QUE SE CELEBRARA EL 15 DE JUNIO DEL 2019

PARA AYUNTAMIENTO LUGAR 5 .

MIENTRAS que, el 14 de febrero del 2019, el Concejo Municipal de la Ciudad de Abilene,

mediante la adopción de la Resolución No. 22-2019, ordenó que se llevará cabo una elección

general en dicha Ciudad el 4 de mayo del 2019, de acuerdo con las disposiciones de la Carta de

dicha ciudad, con el propósito de elegir un concejal del lugar 5 y un concejal del lugar 6; y

MIENTRAS que, el concejo de la ciudad después de haber examinado debidamente las

Declaraciones de Elecciones Generales no Oficiales presentadas por el Condado de Taylor,

encuentra que es una tabulación verdadera y correcta de los resultados de las elecciones; que

la elección llevada el 4 de mayo del 2019, fue debidamente ordenada y se dio aviso de

conforme a la ley; que la elección se llevó a cabo como lo requirere la ley; que solo los

residents votantes y calificados de la ciudad de Abilene votaron en las elecciónes; y que los

retornos de la elección han sido hechos por los oficiales apropiados; y

MIENTRAS que, el conteo y la tabulación de los votos recibidos en la elección de 2

miembros del concejo municipal, llevada a cabo el 4 de mayo del 2019, revela que el siguiente

candidato recibió la mayoria de los votos en la elección en su respectivo lugar;

Lugar 6 - Travis Craver

MIENTRAS que, el conteo y la tabulación de los votos recibidos en la elección revelan que

ningún candidato para el Lugar 5 recibió suficientes votos para ser elegido para el consejo de la

ciudad; y que es necesario de acuerdo con el Estatuto de la Ciudad y el Código Electoral de Texas,

según enmendado, convocar a una segunda vuelta electoral con el propósito de llenar el Lugar 5 en

el concejo municipal.

AHORA POR LO TANTO, SEA RESUELTO POR EL CONSEJO DE LA CIUDAD DE

ABILENE, TEXAS:

Que el Concejo Municipal de la Ciudad de Abilene encuentre y declare los resultados de dichas

elecciones por el Anexo A adjunto a esta resolución.

Que se declara y ordena que Travis Craver fue elegido miembro del Concejo Municpal; y

Que por la presente se ordena que se lleve acabo una elección de segunda vuelta el sábado 15 de

junio del 2019, con el propósito de elegir un miembro del Concejo Municpal Lugar 5, el costo

estimado en el Anexo B adjunto;y

Que los términos y condiciones del acuerdo de elección conjunta y el contrato con el Condado de

Taylor, adoptado el 14 de febrero del 2019, mediante la adopción de la Resolución No. 23-2019;

permanecerán en plena vigencia para la elección de segunda vuelta de la Ciudad de Abilene; y


Que el Condado de Taylor será responsable del nombramiento del juez presidiendo y del juez

suplente para cada ubicación de votación de acuerdo con el Capitulo 32 del Código Electoral de

Texas y podrá emplear al personal necesario para la administración adecuada para la elección; y

La votación el dia de la elección será de 7 a.m. a 7 p.m. y las ubicaciones de los centros de votación

se designan en el Anexo C adjunto a esta resolución, pero qué ubicaciones pueden ser modificadas

por el Condado de Taylor, y los cambios, si corresponde, se incluyen en esta resolución por

referencia y se pueden encontrar visitando la página web del condado de Taylor: https://

www.taylorcountytexas.org/212/E lections o contactando:



(325) 674-1216

Que, la votación temprana se llevara a cabo en las ubicaciones y fechas establecidas por Taylor

County, Texas, como se refleja en el Anexo D adjunto a esta resolucion, pero que el Condado de

Taylor puede cambiar las ubicaciones y, en su caso, los cambios, se hacen parte de esta resolucion

por referencia y se puede encontrar visitando la pagina web del condado de Taylor: https://

www.taylorcountytexas.org/212/E lections o contactando:

Taylor County Elections Administrator,


(325)67-1-1216

Que el ultimo dia para registrarse para votar en las elecciónes del 15 de junio del 2019, para la

segunda vuleta es el jueves, 16 de mayo del 2019.

Las solicitudes de boletas por correo deben recibirse a más tardar 5:00 p.m., el martes, 4 de junio

del 2019, y enviar a:

Freda Ragan


P. O. Box 3318

Abilene, Texas 79604

Email: [email protected]

Que esta resolución tomará efecto inmediatamente y después de su paso, según lo indicado

abajo.

ADOPTADO por el Consejo de la Ciudad de Abilene, el dia 15 de mayo del 2019.

DA FE:

________________________________ _____________________________

Shawna Atkinson, Secretaria Interina de la Ciudad Anthony Williams, Alcade

APROBADO:

______________________________

Stanley Smith, Abogado de la Ciudad




Total Number of Voters: 7,700

City of Abilene Cumulative Report — Official

Taylor County — City and School General Elections — May 04, 2019

Page 1 of 1

05/13/2019 10:31 AM

Vote Centers Reporting 19 of 19

Number of District Voters: 6,837 District Precincts Reporting 30 of 30

Party Candidate

Early

Election

Total

Abilene City Council, Place 5, Vote For 1

Kyle McAlister 1,867 48.13% 1,339 47.20% 3,206 47.74% Cynthia Alvidrez 479 12.35% 299 10.54% 778 11.58% Cory A. Clements 1,533 39.52% 1,199 42.26% 2,732 40.68%

Cast Votes: 3,879 97.98% 2,837 98.58% 6,716 98.23%


Ronald "Ron" P. Konstantin 166 4.32% 87 3.13% 253 3.82% Travis Craver 2,256 58.72% 1,825 65.67% 4,081 61.64% Jessica Cantu 589 15.33% 361 12.99% 950 14.35% David Turvaville 113 2.94% 39 1.40% 152 2.30% Charles Byrn 718 18.69% 467 16.80% 1,185 17.90%

Cast Votes: 3,842 97.04% 2,779 96.56% 6,621 96.84%


City of Abilene Precinct Report — Official

Taylor County — City and School General Elections

Page 1 of 30

— May 04, 2019

05/13/2019 10:32 AM


District Precincts Reporting 30 of 30


Number of District Voters: 6,837

Party Candidate Early Election Total

Precinct 101 (Ballots Cast: 430)


Kyle McAlister 135 45.92% 47 36.43% 182 43.03% Cynthia Alvidrez 52 17.69% 17 13.18% 69 16.31% Cory A. Clements 107 36.39% 65 50.39% 172 40.66%

Cast Votes: 294 98.33% 129 98.47% 423 98.37%


Ronald "Ron" P. Konstantin 21 7.37% 9 6.87% 30 7.21% Travis Craver 129 45.26% 74 56.49% 203 48.80% Jessica Cantu 63 22.11% 21 16.03% 84 20.19% David Turvaville 20 7.02% 2 1.53% 22 5.29% Charles Byrn 52 18.25% 25 19.08% 77 18.51%

Cast Votes: 285 95.32% 131 100.00% 416 96.74%




Page 2 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 148 98.67% 139 99.29% 287 98.97%



Cast Votes: 149 99.33% 139 99.29% 288 99.31%




Page 3 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 159 96.95% 106 100.00% 265 98.15%



Cast Votes: 163 99.39% 102 96.23% 265 98.15%




Page 4 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 341 99.13% 265 98.88% 606 99.02%



Cast Votes: 344 100.00% 262 97.76% 606 99.02%




Page 5 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 95 97.94% 48 97.96% 143 97.95%



Cast Votes: 93 95.88% 49 100.00% 142 97.26%




Page 6 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 12 100.00% 7 100.00% 19 100.00%



Cast Votes: 10 83.33% 7 100.00% 17 89.47%




Page 7 of 30

— May 04, 2019

05/13/2019 10:32 AM






Precinct 107 - A (Ballots Cast: 0)



Cast Votes: 0 0.00% 0 0.00% 0 0.00%



Cast Votes: 0 0.00% 0 0.00% 0 0.00%




Page 8 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 0 0.00% 0 0.00% 0 0.00%



Cast Votes: 0 0.00% 0 0.00% 0 0.00%




Page 9 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 64 100.00% 39 100.00% 103 100.00%



Cast Votes: 61 95.31% 39 100.00% 100 97.09%




Page 10 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 94 94.00% 70 98.59% 164 95.91%



Cast Votes: 99 99.00% 69 97.18% 168 98.25%




Page 11 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 111 96.52% 71 95.95% 182 96.30%



Cast Votes: 113 98.26% 72 97.30% 185 97.88%




Page 12 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 67 98.53% 116 99.15% 183 98.92%



Cast Votes: 68 100.00% 115 98.29% 183 98.92%




Page 13 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 85 100.00% 59 98.33% 144 99.31%



Cast Votes: 84 98.82% 60 100.00% 144 99.31%




Page 14 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 133 97.79% 84 97.67% 217 97.75%



Cast Votes: 136 100.00% 84 97.67% 220 99.10%




Page 15 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 175 96.69% 131 98.50% 306 97.45%



Cast Votes: 179 98.90% 128 96.24% 307 97.77%




Page 16 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 161 99.38% 76 97.44% 237 98.75%



Cast Votes: 161 99.38% 76 97.44% 237 98.75%




Page 17 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 251 99.60% 143 97.95% 394 98.99%



Cast Votes: 250 99.21% 142 97.26% 392 98.49%




Page 18 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 0 0.00% 0 0.00% 0 0.00%



Cast Votes: 0 0.00% 0 0.00% 0 0.00%




Page 19 of 30

— May 04, 2019

05/13/2019 10:32 AM






Precinct 306 - W (Ballots Cast: 728)



Cast Votes: 401 94.58% 295 97.04% 696 95.60%



Cast Votes: 393 92.69% 293 96.38% 686 94.23%




Page 20 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 295 97.68% 211 98.14% 506 97.87%



Cast Votes: 285 94.37% 194 90.23% 479 92.65%




Page 21 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 44 97.78% 28 100.00% 72 98.63%



Cast Votes: 45 100.00% 27 96.43% 72 98.63%




Page 22 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 212 99.53% 253 100.00% 465 99.79%



Cast Votes: 202 94.84% 239 94.47% 441 94.64%




Page 23 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 128 99.22% 133 99.25% 261 99.24%



Cast Votes: 120 93.02% 120 89.55% 240 91.25%




Page 24 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 151 98.69% 106 99.07% 257 98.85%



Cast Votes: 151 98.69% 107 100.00% 258 99.23%




Page 25 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 71 97.26% 47 100.00% 118 98.33%



Cast Votes: 73 100.00% 46 97.87% 119 99.17%




Page 26 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 311 98.73% 226 98.26% 537 98.53%



Cast Votes: 306 97.14% 226 98.26% 532 97.61%




Page 27 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 58 100.00% 44 100.00% 102 100.00%



Cast Votes: 55 94.83% 41 93.18% 96 94.12%




Page 28 of 30

— May 04, 2019

05/13/2019 10:32 AM









Cast Votes: 2 100.00% 2 100.00% 4 100.00%



Cast Votes: 2 100.00% 2 100.00% 4 100.00%




Page 29 of 30

— May 04, 2019

05/13/2019 10:32 AM






Precinct Jones 302 (Ballots Cast: 25)



Cast Votes: 16 100.00% 9 100.00% 25 100.00%



Cast Votes: 15 93.75% 9 100.00% 24 96.00%




Page 30 of 30

— May 04, 2019

05/13/2019 10:32 AM






Precinct Abi City Only (Ballots Cast: 0)


Kyle McAlister

0

0.00%

0

0.00%

0

0.00% Cynthia Alvidrez 0 0.00% 0 0.00% 0 0.00% Cory A. Clements 0 0.00% 0 0.00% 0 0.00%

Cast Votes: 0 0.00% 0 0.00% 0 0.00%


Ronald "Ron" P. Konstantin

0

0.00%

0

0.00%

0

0.00% Travis Craver 0 0.00% 0 0.00% 0 0.00% Jessica Cantu 0 0.00% 0 0.00% 0 0.00% David Turvaville 0 0.00% 0 0.00% 0 0.00% Charles Byrn 0 0.00% 0 0.00% 0 0.00%

Cast Votes: 0 0.00% 0 0.00% 0 0.00%


ESTIMATED COST

City of Abilene Runoff Election

Saturday, June 15, 2019

EXHIBIT B


EXHIBIT C

PROPOSED

COUNTY WIDE VOTE CENTER LOCATIONS City of Abilene Runoff Election – June 15, 2019

Taylor County voters can vote at ANY one of the following locations on Election Day

Vote Center Physical Address

Abilene City Hall 555 Walnut Street, Abilene, TX 79601

Church of Christ – South 11th & Willis 3333 South 11th Street, Abilene, TX 79605

Elmcrest Baptist Church 517 North Pioneer Drive, Abilene, TX 79603

Hillcrest Church of Christ 650 E. Ambler Avenue, Abilene, TX 79601

Lytle South Baptist Church 1125 E. Industrial Blvd., Abilene, TX 79602

New Beginnings United Pentecostal Church 5535 Buffalo Gap Road, Abilene, TX 79606

Sears Park Recreation Center 2250 Ambler Avenue, Abilene, TX 79603

Southern Hills Church of Christ 3666 Buffalo Gap Road, Abilene, TX 79605

Taylor County Plaza 400 Oak Street, Abilene, TX 79602

Thomas Elementary School 1240 Lakeside Drive, Abilene, TX 79602

Trinity Baptist Church 3100 State Street, Abilene, TX 79603

Westminster Presbyterian Church 4515 South 14th Street, Abilene, TX 79605

Zion Lutheran Church 2801 Antilley Road, Abilene, TX 79606


EXHIBT D

PROPOSED

EARLY VOTING SCHEDULE June 3, 2019 – June 11, 2019

City of Abilene Runoff Election

June 15, 2019

MAIN LOCATION

Taylor County Plaza June 3rd – June 7th 8:00 a.m. – 5:00 p.m.

400 Oak Street, Suite 101 Monday – Friday

Abilene, TX 79602

Extended Hours June 10th & June 11th 7:00 a.m. – 7:00 p.m.

Monday & Tuesday

BRANCH LOCATIONS

Mall of Abilene June 3rd – June 7th 10:00 a.m. – 6:00 p.m.

4310 Buffalo Gap Road Monday – Friday

Abilene, TX 79605

June 10th & June 11th 10:00 a.m. – 6:00 p.m.

Monday & Tuesday

United Supermarket June 3rd – June 7th 10:00 a.m. – 6:00 p.m.

920 North Willis Street Monday – Friday

Abilene, TX 79603


Monday & Tuesday

Abilene City Hall June 3rd – June 7th 8:00 a.m. – 5:00 p.m.

555 Walnut Street Monday – Friday

Abilene, TX 79601


Monday & Tuesday

May 16, 2019 – Last day to register to vote for the June 15, 2019 City of Abilene Runoff Election

June 4, 2019 – Last day to RECEIVE an application for a ballot by mail.

Taylor County Elections

400 Oak Street, Suite 101

Abilene, TX 79602

325-674-1216

www.taylorcountytexas.org


http://www.taylorcountytexas.org/

RESOLUTION NO. 22-2019

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS ORDERING AGENERAL ELECTION TO BE HELD ON SATURDAY, MAY 4,2019, FOR THE PURPOSE OFELECTING ONE COUNCILMEMBER FROM PLACES AND ONE COUNCILMEMBER FROM

PLACE 6.

WHEREAS, Taylor County, pursuant to Texas Election Code 43.007 allows theCommissioners Court to participate in the program to eliminate county election precinct polling placesand establish countywide polling places for each election held on the uniform election date in May;and,

WHEREAS, each countywide polling place must allow a voter to vote in the same election inwhich the voter vouLd be entitled to vote in the county election precinct in which the voter resides; and

WHEREAS, Taylor County has been approved by the Secretary’ of State to utilize countywidepolling places; and

WHEREAS, locations of the polling places are as designated in Exhibit A, attached to thisresolution, but which locations may be changed by Taylor County, and which changes, if any, arehereby made part of this resolution by reference and can be found by visiting the Taylor Countywebpage: http://www.taylorcountytexas.org/2 14/current-elections or by contacting:

Taylor County Elections Administrator400 Oak Street, #101, Abilene, Texas 79602(325) 674-1216

WHEREAS, early voting will be conducted at the locations and during the dates and timesestablished by Taylor County, Texas, as reflected in Exhibit B, attached to this resolution, but whichlocations may be changed by Taylor County, and which changes, if any, are hereby made part of thisresolution by reference and can be found by visiting the Taylor County webpage:http://www.tavlorcountvtexas.or&2 14/current-elections or by contacting:

Taylor County Elections Administrator,400 Oak Street, #101, Abilene, Texas 79602(325)674-1216

WHEREAS, applications for ballots by mail must be received no later by 5:00 p.m., Tuesday,April 23, 2019, and sent to the following:

Freda RaganTaylor County Elections AdministratorP.O. Box 3318Abilene, Texas 79604Email: raganfpWtaylorcountytexas.org


NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFABILENE, TEXAS:

An election is hereby ordered to be held on Saturday, May 4, 2019, for the purpose of:

Electing one Councilmember from Place 5 and oneCouncilmember from Place 6, for the City of Abilene.

That this Resolution shall take effect immediately from and after its passage, as indicated below.

ADOPTED by the City Council of the City of Abilene on the 14th day of February, 2019.

ATTEST:

CITY SECRETARY MtOR

APPROVED:

CNEY


RESOLUCION NO. 22-2019

UNA RESOL UCION DEL CONSEJO DE LA CIUDAD DEABILENE, TEXAS, PIDIENDO UNAELECCION GENERAL QUE SE LLEVARA A CABO EL SABADO, IDE MAYO DEL 2019, CON ELPROPOSITO DE ELEGIR UN MIEMBRO DEL CONSE.JO PAK4 EL LUGAR 5 Y UN MIEMBRODEL CONSE.JO PARA EL LUGAR 6.

CONSIDERANDO que, ci Condado de Taylor, confonne con ci Codigo de Eleccion de Texas13.007 que pennite que la Cone de Comisionados del Condado a parlicipar en ci programa paraeinmnar en la eleccion del condado los casilias electorales por recinlo y estabiecer casillas electoralesa lo largo y ancho del condado por cada eleccion que tiene lugar en lafecha unforme de eleccion enMayo; y,

CONSIDERANDO que, cada casilia electoral a lo largo y ancho del condado debe pennilir atin volatile votar en la misma eleccion en la cital ci votante tiene derecho a votar en ci recinto deeleccion del condado en ci cuai reside ci volatile; y

CONSIDERANDO que, ci Condado de Taylor ha sido aprovado por ci Secretario de Es/adopara utilizer casilias electoraics a io largo y ancho del condado; y

CONSIDERANDO que, las ubicaciones de los centros de votacion son las designadas en ciAnexo A adjunto a esta resolucion, pero que ci Condado de Taylor puede cambiar las ubicacionesycuaies cambios, si corresponde, se incluyen en esta resolucionpor refërenciaypuedcn encontrarsepor visitando ia pagina web dci condado de Taylor: http://wA’w.taylorcountytexas.org/2 14/current-elections o contactando:

Taylor County Elections Administrator400 Oak Street, #101, Abilene, Texas 79602(325) 674-1216

CONSIDERANDO que, Ia votación anticipada se llevara a cabo en las ubicaciones y fechasestablecidas por Taylor County, Texas, como se refleja en el Anexo B adjunto a esta resolucion, peroque el Condado de Taylor puede cambiar las ubicaciones y, en su caso, los cambios, se hace parte deesta resolucion por referencia y se puede encontrar visitando Ia pagina web del condado de Taylor:http://www.tavlorcountytexas.org/2 14/current-elections o contactando:

Taylor County Elections Administrator,400 Oak Street, #10 1, Abilene, Texas 79602(325)674-1216

CONSIDERANDO que, sohcitudes de balotas por correo deberan recibirse a mas tarde de ias5:00p.m. ci Mar/es, 23 de Abril dci 2019, y envirarse a io siguiente:

Freda RaganTaylor County Elections AdministratorP. 0. Box 3318Abilene, Texas 79604Email: raganfn’1ItayIorcountytexas.org


AHORA FOR LO TANTO, SEA RESUELTO FOR EL CONSE.JO DE LA CIUDAD DEABILENE, TEXAS:

Una eiección se pide por es/c ,;iedio para que se lleve acabo ci Sabado, 4 c/c Mayo c/el 2019,pam eipropósito dc:

Elejir aiim Mienibro dci Consejo para ci Lugar 5, y un Miembrodel Consejo paw ci Lugar 6 c/c Ia Chic/ad dc Abilene.

Que es/a resoiución !omará efeclo inmediatamenle y después c/c sit paso, segün lo indicado abjo.

ADOPTADOpor ci Conscjo c/c la Ciudadde Abllcne es/c c/ia 14 c/c Febrero dci 2019.

Secre/aria c/c la Ciudad Alca e

APROBADO:

AbarCiudad


EXHIBIT “A” COUNTY WIDE VOTE CENTER LOCATIONS

(UBICACIÓNES DEL CENTRO DE VOTO EN EL CONDADO)

Taylor County (Condado de Taylor)

Joint City and School Elections – May 4, 2019

(Elecciones conjuntas de ciudad y escuela - 4 de Mayo de 2019)

7:00 a.m. – 7:00 p.m.

Taylor County voters can vote at ANY one of the following locations on Election Day (Los votantes del Condado de Taylor pueden votar en CUALQUIERA de los siguientes lugares el día de las elecciones)

Vote Center Physical Address (Centro de Votación (Dirección Física) Abilene City Hall 555 Walnut Street, Abilene, TX 79601

Buffalo Gap City Hall 709 Litel Street, Buffalo Gap, TX 79508

Church of Christ – So. 11th & Willis 3333 South 11th Street, Abilene, TX 79605

Elmcrest Baptist Church 517 N. Pioneer Drive, Abilene, TX 79603

FBC-Family Life Center @ Merkel 301 Locust Street, Merkel, TX 79536

First Baptist Church @ Tuscola 632 Kent Street, Tuscola, TX 79562

First Financial Bank @ Trent 117 N. Main Street, Trent, TX 79561

Hillcrest Church of Christ 650 E. Ambler Avenue, Abilene, TX 79601

Lawn Baptist Church 518 Avenue D, Lawn, TX 79530

Lytle South Baptist Church 1125 E. Industrial Blvd., Abilene, TX 79602

New Beginnings United Pentecostal Church 5535 Buffalo Gap Road, Abilene, TX 79606

River of Life Church 539 Hwy 83/84, Abilene, TX 79606

Sears Park Recreation Center 2250 Ambler Avenue, Abilene, TX 79603

Southern Hills Church of Christ 3666 Buffalo Gap Road, Abilene, TX 79605

Taylor County Plaza 400 Oak Street, Abilene, TX 79602

Thomas Elementary School 1240 Lakeside Drive, Abilene, TX 79602

Trinity Baptist Church 3100 State Street, Abilene, TX 79603

Tye Community Center 103 Scott Street, Tye, TX 79563

View Baptist Church 250 Boynton Road, Abilene, TX 79606

Westminster Presbyterian Church 4515 South 14th Street, Abilene, TX 79605

Zion Lutheran Church 2801 Antilley Road, Abilene, TX 79606


EXHIBIT “B”

Page 1 of 4

EARLY VOTING SCHEDULE (HORARIO DE VOTACIÓN TEMPRANA)

April 22, 2019 – April 30, 2019 (22 de Abril de 2019 - 30 de Abril de 2019)

Joint City and School Elections (Elecciones Conjuntas de Ciudad y Escuela)

May 4, 2019

(4 de Mayo de 2019)

MAIN LOCATION(UBICACIÓN PRINCIPAL)

Taylor County Plaza April 22nd – April 26th

(Abril 22 – Abril 26) 8:00 a.m. – 5:00 p.m.

400 Oak Street, Suite 101 Monday – Friday (Lunes – Viernes)

Abilene, TX 79602

Extended Hours (Horas Extendidas) April 29th & April 30th (Abril 29 y Abril 30)

7:00 a.m. – 7:00 p.m.

Monday & Tuesday (Lunes & Martes)

BRANCH LOCATIONS(UBICACIÓNES DE LA OFICINA)

Mall of Abilene April 22nd – April 26th

(Abril 22 – Abril 26) 10:00 a.m. – 6:00 p.m.

4310 Buffalo Gap Road Monday – Friday (Lunes – Viernes)

Abilene, TX 79605

April 29th & April 30th (Abril 29 y Abril 30)

10:00 a.m. – 6:00 p.m.

Monday & Tuesday (Lunes y Martes)

United Supermarket April 22nd – April 26th

(Abril 22 – Abril 26) 10:00 a.m. – 6:00 p.m.

920 North Willis Street Monday – Friday (Lunes – Viernes)

Abilene, TX 79603


10:00 a.m. – 6:00 p.m.



EXHIBIT “B”

Page 2 of 4


Abilene City Hall April 22nd – April 26th

(Abril 22 – Abril 26) 8:00 a.m. – 5:00 p.m.

555 Walnut Street Monday – Friday (Lunes – Viernes)

Abilene, TX 79601


8:00 a.m. – 5:00 p.m.


Tye City Hall April 22nd – April 26th

(Abril 22 – Abril 26) 8:00 a.m. – 5:00 p.m.

205 North Street Monday – Friday (Lunes – Viernes)

Tye, TX 79563


7:00 a.m. – 7:00 p.m.


Merkel City Hall April 22nd – April 26th

(Abril 22 – Abril 26) 7:30 a.m. – 4:30 p.m.

100 Kent Street Monday – Friday (Lunes – Viernes)

Merkel, TX 79536


7:00 a.m. – 7:00 p.m.


Merkel ISD Administration Bldg. April 22nd – April 26th

(Abril 22 – Abril 26) 8:00 a.m. – 4:00 p.m.

1512 South 5th Street Monday – Friday (Lunes – Viernes)

Merkel, TX 79536


8:00 a.m. – 4:00 p.m.


Trent City Hall April 22nd – April 26th

(Abril 22 – Abril 26) 8:00 a.m. – 1:00 p.m.

101 N. Main Street Monday – Friday (Lunes – Viernes)

Trent, TX 79561


7:00 a.m. – 7:00 p.m.



EXHIBIT “B”

Page 3 of 4


Trent ISD Administration Bldg. April 22nd – April 26th

(Abril 22 – Abril 26) 8:00 a.m. – 3:00 p.m.

12821 E I-20 Monday – Friday (Lunes – Viernes)

Trent, TX 79561


8:00 a.m. – 3:00 p.m.


Jim Ned CISD Administration Bldg. April 22nd – April 25th (Abril 22 – Abril 25)

7:30 a.m. – 4:30 p.m.

830 Garza Street Monday – Thursday (Lunes – Jueves)

Tuscola, TX 79562

April 26th (Abril 26)

7:30 a.m. – 4:00 p.m.

Friday (Viernes)


7:30 a.m. – 4:30 p.m.


Tuscola City Hall April 22nd – April 25th (Abril 22 – Abril 25)

8:30 a.m. – 12:00 p.m.

418 Graham Street Monday – Thursday (Lunes – Jueves)

1:00 p.m. – 5:00 p.m.

Tuscola, TX 79562

April 26th (Abril 26)

8:30 a.m. – 1:00 p.m.

Friday (Viernes)


7:00 a.m. – 7:00 p.m.


Buffalo Gap City Hall April 22nd – April 26th

(Abril 22 – Abril 26) 8:00 a.m. – 5:00 p.m.

709 Litel Street Monday – Friday (Lunes – Viernes)

Buffalo Gap, TX 79508


7:00 a.m. – 7:00 p.m.



EXHIBIT “B”

Page 4 of 4


Lawn City Hall April 22nd – April 26th

(Abril 22 – Abril 26) 9:00 a.m. – 4:00 p.m.

150 Main Street Monday – Friday (Lunes – Viernes)

Lawn, TX 79530 Extended Hours (Horas Extendidas) April 29th & April 30th 7:00 a.m. – 7:00 p.m.

Monday & Tuesday (Abril 29 y Abril 30)

April 4, 2019 – Last day to register to vote for the May 4, 2019 Joint City and School Elections

(4 de Abril de 2019 – Último día para registrarse para votar en las elecciones conjuntas de la ciudad y la escuela del 4 de Mayo de 2019)

April 23, 2019 – Last day to RECEIVE an application for a ballot by mail. (23 de Abril de 2019 – Último día para recibir una solicitud de boleta por correo.)

Taylor County Elections 400 Oak Street, Suite 101

Abilene, TX 79602 325-674-1216

www.taylorcountytexas.org


http://www.taylorcountytexas.org/

THE STATE OF TEXASCOUNTY OFTAYLOR

JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES

THIS JOINT AGREEMENT AND CONTRACT FOR ELECTIONS SERVICES is made by and between Taylor County,a body corporate and politic under the laws of the State of Texas, hereinafter referred to as “County” , acting by andthrough Freda Ragan, Taylor County Elections Administrator, hereinafter referred to as “Elections Administrator, andthe City of Abilene, hereinafter referred to as “Political Subdivision.”

This joint election agreement and contract for election services (“Agreement”) is made pursuant to TexasElection Code Sections 31.092 and 271.002 for a joint May 4, 2019 election to be administered by Freda Ragan,Taylor County Elections Administrator, hereinafter referred to as “Elections Administrator.”

RECITALS

WHEREAS, The City of Abilene is holding a General Election on May 4, 2019 for the purpose of electingMunicipal Officers.

WHEREAS, The County owns an electronic voting system, the Hart Intercivic eSlate Voting System, which hasbeen duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and iscompliant with the accessibility requirements for persons with disabilities, set forth by Texas Election Code Section51.012. Political Subdivision desires to use the County’s electronic voting system and to compensate the County forsuch use and to share in certain other expenses connected with joint elections in accordance with the applicableprovisions of Chapters 31 and 271 of the Texas Election Code, as amended.

NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT ISAGREED as follows:

I. ADMINISTRATION

The parties agree to hold a “Joint Election” in accordance with Chapter 271 of the Texas Election Code andthis agreement. The Taylor County Elections Administrator shall coordinate, supervise, and handle all aspects ofadministering the Joint Election as provided in this agreement. Political Subdivision agrees to pay the Taylor CountyElections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement.The Taylor County Elections Administrator shall serve as the administrator for the Joint Election; however, thePolitical Subdivision shall remain responsible for the lawful conduct of its election. The Elections Administrator shallprovide advisory services in connection with decisions to be made and actions to be taken by the officers of thePolitical Subdivision.

It is understood that other political subdivisions may wish to participate in the use of the County’s electronicvoting system and polling places, and it is agreed that Taylor County and the Elections Administrator may enter intoother joint election agreements and contracts for election services for those purposes on terms and conditionsgenerally similar to those set forth in this contract. Political Subdivision agrees that Taylor County may enter intojoint election agreements with other political subdivisions that may have territory located partially or wholly withinthe boundaries of Political Subdivision, and in such case all parties sharing common territory shall share a joint balloton the county’s electronic voting system at the applicable polling places.

At each polling location, joint participants shall share voting equipment and supplies to the extent possible.The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in noinstance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which

Page 1 of 7


the voter is ineligible to vote. Multiple ballot style5 shall be available in those shared polling places wherejurisdictions do not overlap.

II. LEGAL DOCUMENTS

Political Subdivision shall be responsible for the preparation, adoption, and publication of all requiredelection orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/orPolitical Subdivision’s governing body, charter, or ordinances.

Preparation of the necessary materials for notices and the official ballot shall be the responsibility of PoliticalSubdivision, including translation to languages other than English.

Ill. VOTING LOCATIONS

Taylor County has adopted a countywide polling place program. Voters from Political Subdivisionsparticipating in this Joint Election may cast a ballot at any polling location open for this election. The ElectionsAdministrator shall select and arrange for the use of and payment for all Election Day voting locations. The proposedvoting locations are listed in Attachment “A” of this agreement. In the event a voting location is not available, theElections Administrator will arrange for use of an alternate location with the approval of the Political Subdivision.The Elections Administrator shall notify the Political Subdivision of any changes from the locations listed inAttachment “A”.

If polling places for the May 4, 2019 joint election are different from the polling place(s) used by PoliticalSubdivision in its most recent election, the Elections Administrator agrees to post a notice no later than Wednesday,April 24, 2019 at the entrance to any previous polling places in the jurisdiction stating that the polling location haschanged and stating the polling place names and address in effect for the May 4,2019 election.

IV. ELECTION JUDGES, CLERKS, AND OTHER PERSONNEL

Taylor County shall be responsible for the appointment of the presiding judge and alternate judge for eachpolling location in accordance with Chapter 32 of the Texas Election Code. The Elections Administrator shall recruitpolling place officials who are bilingual (fluent in both English and Spanish). The Elections Administrator shall makeemergency appointments of election officials if necessary.

The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C ofChapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointedfor the Joint Election are eligible to serve.

The Elections Administrator shall arrange for the training and compensation of all election judges and clerks.The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up theirelection supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying theperson of the appointment, the time and location of training and distribution of election supplies, and the number ofelection clerks that the presiding judge may appoint.

Each election judge and clerk will receive compensation at an hourly rate established by Taylor Countypursuant to Texas Election Code Section 32.091. Judges and Clerks will be compensated for actual time working at apolling place and time spent attending any training classes required to successfully conduct the election. Theelection judge will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day andfor returning the supplies and equipment to the central counting station after the polls close.

The Elections Administrator may employ other personnel necessary for the proper administration of theelection, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery ofsupplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central countingstation. Part-time personnel working in support of the Early Voting Ballot Board and/or central counting station onelection night will be compensated at the rate set by Taylor County.

Page 2 of 7


V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT

The Elections Administrator shall arrange for all election supplies and voting equipment including, but notlimited to official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials usedby the election judges at the voting locations. At each polling location, joint participants shall share votingequipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precinctswhere juri5dictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing anoffice or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall beavailable in those shared polling places where jurisdictions do not overlap.

Political Subdivision shall furnish the Elections Administrator a list of candidates and/or propositions showingthe exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot. TheElections Administrator shall conduct the ballot drawing for Political Subdivision (after all candidate filing deadlineshave passed) at a date and time set and agreed upon by both the Elections Administrator and Political Subdivision.Candidate names will be listed on the official ballot in the order determined by the ballot drawing. PoliticalSubdivision shall be responsible for proofreading and approving the ballot insofar as it pertains to PoliticalSubdivision’s candidates and/or propositions.

VI. EARLY VOTING

The participating authorities agree to conduct joint early voting and to appoint the Elections Administrator asthe Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. The participatingauthorities agree to appoint the Elections Administrator’s permanent county employees as deputy early votingclerks. The participating authorities further agree that the Elections Administrator may appoint other deputy earlyvoting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerksshall be compensated at an hourly rate set by Taylor County pursuant to Section 83.052 of the Texas Election Code.

Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B”of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any one of thejoint early voting locations.

As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to bevoted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early votingballots to be voted by mail received by Political Subdivision shall be forwarded immediately by regular mail, email, faxor courier to the Elections Administrator for processing.

Upon requests, the Elections Administrator shall provide Political Subdivision a copy of the early votingreport on a daily basis and a cumulative final early voting report following the election.

VII. EARLY VOTING BALLOT BOARD

An Early Voting Ballot Board shall be created to process early voting results from the Joint Election. TheElections Administrator shall appoint the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge, withthe assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EarlyVoting Ballot Board.

VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS

The Elections Administrator shall be responsible for establishing and operating the central counting station toreceive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of thisagreement.

Page 3 of 7


The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the TexasElection Code, appoint the following central counting station officials:

Counting Station Manager Freda Ragan, Elections AdministratorTabulation Supervisor Cindy Frazier, Assistant Elections AdministratorPresiding judge Vicki Adams

The Counting Station Manager or his representative shall deliver timely cumulative reports of the electionresults as precincts report to the central counting station and are tabulated. The Counting Station Manager shall beresponsible for releasing cumulative totals and precinct returns from the election to the joint participants,candidates, press, and general public by distribution of hard copies or electronic transmittals by facsimile (when sorequested).

The Elections Administrator will prepare the unofficial canvass reports after all ballots have been counted,and will deliver a copy of the unofficial canvass to the Political Subdivision as soon as possible after all returns havebeen tabulated. All participating authorities shall be responsible for the official canvass of their respective elections.

The Elections Administrator shall be responsible for conducting the post-election manual recount required bySection 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State

IX. RUNOFF ELECTION

Political Subdivision shall have the option of extending the terms of this agreement through its runoffelection, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extendunless the Political Subdivision notifies the Elections Administrator in writing within 10 days of the original election.

Political Subdivision shall reserve the right to reduce the number of early voting locations and/or Election Dayvoting locations in any runoff election.

X. ELECTION EXPENSES AND ALLOCATION OF COSTS

Any election held by Political Subdivision will be at the expense of the Political Subdivision. In the event ofjoint elections, it is agreed between all participating authorities to share the costs of administering the Joint Election.Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared among the total numberpolitical subdivisions.

Any expenses incurred in the rental of polling place facilities shall be pro-rated among the participants to theJoint election agreement and contract for election services.

It is agreed that the normal rental rate charged for the County’s voting equipment used on Election Day shallbe pro-rated among the participants to this joint election agreement and contract for election service.

Political Subdivision shall reimburse Taylor County for the wages of Early Voting Election Clerks that areemployed and appointed to work at the following early voting locations:

Taylor County Plaza Mall of AbileneUnited — N. 10th & Willis Abilene City Hall

Political Subdivision shall reimburse Taylor County for overtime wages at time and a half to the permanentemployees of the Elections Administrator for contractual duties performed outside the normal business hours ofTaylor County in accordance with Section 31.100(e) of the Texas Election Code.

Political Subdivision agrees to pay Taylor County an administrative fee equal to ten percent (10%) of its totalbillable costs in accordance with Section 31.100(d) of the Texas Election Code.

Estimated cost of services is stated in Attachment “C”.

Page 4 of 7


XI. WITHDRAWAL FROM CONTRACT DUIE TO CANCELLATION OF ELECTION

Political Subdivision may withdraw from this agreement and the Joint Election should it cancel its election inaccordance with Sections 2.051 — 2.053 of the Texas Election Code. The Elections Administrator shall be entitled toreceive an administrative fee of $75.00. The Elections Administrator shall submit an invoice for such fee within 15days of the cancellation notice.

XII. RECORDS OF THE ELECTION

The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of theJoint Election as authorized by Section 271.010 of the Texas Election Code.

Access to the election records shall be available to each participating authority as well as to the public inaccordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The electionrecords shall be stored at the office of the Elections Administrator. The Elections Administrator shall ensure that therecords are maintained in an orderly manner so that the records are clearly identifiable and retrievable.

Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.052of the Texas Election Code. If records of the election are involved in any pending election contest, investigation,litigation, or open records request, the Elections Administrator shall maintain the records until final resolution oruntil final judgment, whichever is applicable. It is the responsibility of Political Subdivision to bring to the attention ofthe Elections Administrator any notice of pending election contest, investigation, litigation or open records requestwhich may be filed with Political Subdivision.

XIII. RECOUNTS

A recount may be obtained as provided by Title 13 of the Texas Election Code. Political Subdivision agreesthat any recount shall take place at the offices of the Elections Administrator, and that the Elections Administratorshall serve as Recount Supervisor and Political Subdivision’s official or employee who performs the duties of asecretary under the Texas Election Code shall serve as Recount Coordinator.

XIV. MISCELLANEOUS PROVISIONS

1. It is understood that to the extent space is available, that other districts and political subdivisions maywish to participate in the use of the County’s election equipment and voting places, and it is agreed thatthe Elections Administrator may contract with such other districts or political subdivisions for suchpurposes and that in such even there may be an adjustment of the share to be paid to the County by theparticipating authorities.

2. The Elections Administrator shall file copies of this document with the Taylor County Treasurer and theTaylor County Auditor in accordance with Section 31.099 of the Texas Election Code.

3. In the event that legal action is filed challenging Political Subdivision’s election, each party hereto shalldefend its own actions, officials and employees. If it is determined that the actions of PoliticalSubdivision resulted in legal action against Taylor County or the Taylor County Elections Administrator orany additional election personnel, then Political Subdivision shall provide, at its own expense, legalcounsel for the County, the Elections Administrator, and additional election personnel as necessary saveand except in any instance whereby an unlawful or otherwise improper act or omission of the County,the Election Administrator or another participating authority in the election has precipitated such legalaction.

4. Nothing in this contract prevents any party from taking appropriate legal action against any other partyand/or other election personnel for a breach of this contract or a violation of the Texas Election Code.

Page 5 of 7


5. Taylor County and Political Subdivision agree that under the Constitution and laws of the State of Texas,neither Taylor County nor the Political Subdivision can enter into an agreement whereby either partyagrees to indemnify or hold harmless another party; therefore, all references of any kind, if any, toindemnifying or holding or saving harmless for any reason are hereby deleted.

6. This agreement shall be construed under and in accordance with the laws of the State of Texas, and allobligations of the parties created hereunder are performable in Taylor County, Texas.

7. In the event one or more of the provisions contained in the Agreement shall for any reason be held to beinvalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall notaffect any other provision hereof and this agreement shall be construed as if such invalid, illegal, orunenforceable provision had never been contained herein.

8. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all localgovernments, and any other entities with local jurisdiction.

9. The waiver by any party of a breach of any provision of this agreement shall not operate as or beconstrued as a waiver of any subsequent breach.

10. Any amendments of this agreement shall be of no effect unless in writing and signed by all partieshereto.

XV. FINAL OBLIGATION AND PAYMENT

Political Subdivision agrees it is obligated to pay to Taylor County all of the Political Subdivision’s jointelection charges, fees, expenses, and costs as set forth under the terms of this Contract, with the exactamount of the Political Subdivision’s financial obligation under the terms of this Contract to be timelycalculated after the joint election.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK

Page Gof7


XVI. JOINT CONTRACT ACCEPTANCE AND APPROVAL

IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to-wit:

(1) It has on the a5day of

________________

2019 been executed by the Taylor CountyElections Administrator pursuant to the TexaEIection Code so authorizing;

(2) It has on the

______day

of 2019 been executed on behalf of the Cityof Abilene pursuant to an action of the City of Abilene so authorizing;

ACCEPTED AND AGREED TO BY TAYLOR COUNTY ELECTIONS ADMINISTRATOR:

APPROVED:

Freda Ragan

4tt

Elections Administrator

ACCEPTED AND AGREED TO BY THE CITY OF ABILENE:

APPROVED: ATTESTED:

Robert Hanna, City Manager Rosa Rios, City Secretary

APPROVED:

Page 7 of 7


Special City Council Meeting

May 15, 2019


Call to Order


Invocation


Pledge of Allegiance

United States Flag

“I pledge allegiance to the Flag of the United States of America,

and to the Republic for which it stands, one Nation under God,

indivisible, with liberty and justice for all.”

Texas Flag “Honor the Texas flag; I pledge allegiance to thee Texas,

one state under God, one and indivisible


Resolution Canvassing the May 4, 2019

General Election

Shawna Atkinson, Interim City Secretary

Item 2


Canvass General Election held May 4, 2019

• Election Order February 14, 2019 (Resolution #22-2019)

• Purpose: Elect Members for City Council Places 5 & 6

• Unofficial Results:

• Travis Craver received 61.65% of votes cast for Place 6

• Candidates for Place 5 did not receive sufficient votes to be elected

- Runoff Election required (City Charter, Article III, Section 28)

• Unofficial General Election Results report includes:

• Total number of votes received by each candidate in each precinct

- 30 Precincts - 19 Vote Centers

• Sum of precinct totals tabulated


Runoff Election

• Election Day: Saturday, June 15, 2019

• Ballot: City Council Place 5

• Contract: Taylor County for the administration of election• Contract adopted February 14, 2019 (Resolution #22-2019)

• Locations: Countywide Polling Locations (Vote Centers)

• Cost: $40,672.00 (Contractual Services)

• Early Voting: Monday, June 3, through Friday, June 7

Monday, June 10, and Tuesday, June 11

• Canvass scheduled for 8:30 a.m., Monday, June 24 (Special Meeting)

• Staff Recommends approval as presented


Questions?


Issue of the following to

Councilmember-Elect Travis Craver– Place 6:

Certificate of Election

Statement of Officer

Oath of Office

Item 3


EXECUTIVE SESSION

The City Council of the City of Abilene reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed on the agenda, as authorized by

Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087

Item 4


RECONVENE TO OPEN SESSION

Any action if needed from Executive Session


Resolution:

Preparing Service Plans for Areas in the City’s ETJ to be Considered for Annexation into the Corporate

Limits of the City of Abilene

Item 5


Questions?


Adjournment


TO: Honorable Mayor and Members of Council

FROM: Shawna Atkinson, Interim City Secretary

SUBJECT:

Issue the following to Councilmember-Elect Travis Craver - Place 6:Certificate of ElectionStatement of OfficerOath of Office



GENERAL INFORMATION

As in previous years, the Secretary of State sets forth certain relevant events that must occur after a generalelection held for the purpose of election members of governing body. Those requirements apply to the Cityof Abilene May 4, 2019 General Election. Following acceptance of the resolution canvassing the results ofsaid election, individuals declared duly elected must be issued the following in the noted order:

1. Certificate of Election2. Statement of Officer3. Oath of office

The Statement of Officer and Oath of Office are filed with the City Secretary's Office.


None


None


Staff recommends the actions noted above be taken in the noted order.


None


TO:

FROM:

SUBJECT:

The City Council of the City of Abilene reserves the right to adjourn into executivesession at any time during the course of this meeting to discuss any of the matters listedbelow, as authorized by the noted Texas Government Code Sections: 551.071 (Consultation with Attorney) 1. HB 347 - changes to annexation laws



GENERAL INFORMATION






TO: Honorable Mayor and Members of the City Council

FROM: Stanley Smith, City Attorney

SUBJECT:

Resolution: Receive a Report, Hold a Discussion and Take Action on Directing theCity Manager to Prepare Service Plans for Areas in the City's ExtraterritorialJurisdiction (ETJ) to be Considered for Annexation into the Corporate Limits of theCity of Abilene (Stanley Smith)



GENERAL INFORMATION





ATTACHMENTS:Description TypeResolution Resolution Letter


1

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ABILENE,

TEXAS DIRECTING THE CITY MANAGER TO PREPARE THE

NECESSARY SERVICE PLANS FOR AREAS IN THE CITY OF ABILENE’S

EXTRATERRITORIAL JURISDICTION (“ETJ”) TO BE CONSIDERED FOR

ANNEXATION INTO THE CORPORATE LIMITS OF THE CITY OF

ABILENE.

WHEREAS, the Abilene City Council has the authority to annex property into the corporate limits

of the City of Abilene in accordance with applicable state law and the Abilene City

Charter; and

WHEREAS, House Bill 347, currently pending in the Regular Session of the 86th Texas Legislature,

if enacted into law, will have a significant impact on future annexation by the City of

Abilene; and

WHEREAS, House Bill 347 contains a transition provision allowing Texas municipalities to preserve

the right to conduct annexation proceedings in accordance with the applicable law as

it existed on January 1, 2019 if the governing body of a municipality has adopted a

resolution to direct the municipality's city manager to prepare a service plan for the

area on or before the effective date of House Bill 347; and

WHEREAS, the City Council of the City of Abilene desires to preserve the right to conduct

annexation proceedings in accordance with the applicable law as it existed on January

1, 2019 and to direct the City Manager of the City of Abilene to prepare the necessary

service plans as required by applicable state law for certain areas under consideration

for annexation;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

ABILENE, TEXAS THAT:

Section I. The facts, findings and recitations contained in the preamble of this Resolution are hereby

found and declared to be true and correct, and are incorporated by reference herein and

expressly made a part hereof, as if copied herein verbatim.

Section II. In accordance with House Bill 347, the Abilene City Council hereby directs the City

Manager to prepare the necessary service plans as required by applicable state law for

the areas in the City’s ETJ under consideration for annexation, said areas being further

described in Exhibit “A” attached hereto and incorporated herein for all purposes

pertinent.

Section III. This Resolution shall become effective immediately upon its adoption.


2

PASSED, APPROVED and ADOPTED on this the 15th day of May, 2019.

Mayor

ATTEST:

City Secretary APPROVED: _______________________________ City Attorney


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