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HomeMy WebLinkAboutMinutes - City Council - Special - 5/7/1990May 7, 1990 Page 335 CITY OF LUBBOCK SPECIAL CITY COUNCIL MEETING MAY 7, 1990 11:30 A.M. The City Council of the City of Lubbock, Texas met in special session on the 7th day of May, 1990 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 11:30 A.M. Present: Mayor B. C. McMinn, Mayor Pro Tem Joan Baker, Councilman Gary Phillips, Councilman Bill Maloy, Councilwoman Maggie Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Absent: Councilman T. J. Patterson and Councilman George Carpenter. Mayor MCMirin called the meeting to order at 11:30 A.M. { l.j The Invocation was given by Vaughn Hendrie, Director of Community Relations. { 2.j The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) 90-4 9A -33 5 - 240 { 4.) This item was not acted on because a Run -Off Election must be held for Oistrict #1 Council position. RESOLUTION #3353 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULT OF THE GENERAL CITY ELECTION HELD MAY 5, 1990. BE IT REMEMBERED THAT on the 7th day of May, 1990, the City Council of the City of Lubbock met at 11:30 o'clock A.M. at the regular meeting place of the City Council in the City of Lubbock Municipal Building with the following members present, to -wit: Mayor B. C. McMinn Mayor Pro Tem Joan Baker Councilwoman Maggie Trejo Councilman Bill Maloy Councilman Gary Phillips May 7 1990 Page 336 On motion of Mayor Pro Tem Baker, seconded by Councilman Maloy, it is unanimously carried that the returns of the General City Election held May 5, 1990, for the election of a Mayor, three City Council members and a Municipal Judge, as provided by law, be opened and canvassed, and the results of the election be declared therefrom; and said returns having been duly canvassed, it is found that the votes for the various candidates are as follows: CANDIDATES FOR MAYOR VOTES RECEIVED BOBBY CANNON . . . . . . . . . . . . . . . . . . . . 1,212 CECIL H. PURYEAR . . . . . . . . . . . . . . . . . . 3,100 B. C. "PECK" McMINN . . . . . . . . . . . . . . . . 6,478 WRITE IN VOTE . . . . . . . . . . . . . . . . . . . 11 CANDIDATES FOR COUNCIL MEMBER. DISTRICT NO. I MAGG I E TREJO . . . . . . . . . . . . . . . . . . . . 441 FRANCISCO J. GUTIERREZ . . . . . . . . . . . . . . . . 357 CLYDE MYRES . . . . . . . . . . . . . . . . . . . . . 172 WRITE IN VOTE . . . . . . . . . . . . . . . . . . . . 0 CANDIDATES FOR COUNCIL MEMBER, DISTRICT NO. 3 GEORGE W. CARPENTER . . . . . . . . . . . . . . . . . 1,007 MARCUS J . "BUD" ADERTON . . . . . . . . . . . . . . . 1 1 7 WRITE IN VOTE . . . . . . . . . . . . . . . . . . . . 1 CANDIDATES FOR COUNCIL MEMBER. DISTRICT NO. 5 E. JACK BROWN . . . . . . . . . . . . . . . . . . . . 776 WALTER ARMSTRONG . . . . . . . . . . . . . . . . . . . 271 CHARY D. PHILLIPS . . . . . . . . . . . . . . . . . . . 1,328 WILLIAM L. UTLEY . . . . . . . . . . . . . . . . . . . 178 WRITE IN VOTE . . . . . . . . . . . . . . . . . . . . 1 CANDIDATES FOR MUNICIPAL COURT JUDGE KEN JOHNSON . . . . . . . . . . . . . . . . . . . . . fi 146 WRITE IN VOTE . . . . . . . . . . . . . . . . . . . . 4 TOTAL VOTES CAST: 22,680 And it further appearing that said election was duly held as provided by law and the following persons received a majority of the votes of the sum total of votes cast for each specified position: POSITION MAYOR COUNCIL MEMBER, DISTRICT NO. 1 COUNCIL MEMBER, DISTRICT NO. 3 COUNCIL MEMBER, DISTRICT NO. 5 MUNICIPAL JUDGE May 7. 1990 Page 337 PERSON RECEIVING MAJORITY VOTE B. C. "Peck" McMinn no one Marcus J. "Bud" Aderton Gary D. Phillips Ken Johnson IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the following named persons were duly elected to the following named positions: POSITION MAYOR COUNCIL MEMBER, DISTRICT NO. 1 COUNCIL MEMBER, DISTRICT NO. 3 COUNCIL MEMBER, DISTRICT NO. 5 MUNICIPAL JUDGE PERSON ELECTED B. C. "Peck" McMinn no one Marcus J. "Bud" Aderton Gary D. Phillips _. Ken Johnson AND IT IS FURTHER FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT no candidate received a majority of the votes cast for the following niamed positions, which will require a run-off election of such positions: PQ5ITI0N [:ounc i l Member,_ District No. 1 RUN-OFF ELECTION CANDIDATES Maggie Tre'o Francisco J. Gutierrez THEREFORE, a Run -Off Election is hereby called for the 25th day of May, 1990, and the Mayor is hereby authorized and directed to issue an Order and Notice of Run -Off Election for the conduct of said Election. r PASSED, APPROVED AND ADOPTED ON MOTION OF Mayor Pro Tem Baker, SECONDED BY Councilman Maloy, THIS 7th DAY OF May, 1990, BY THE FOLLOWING VOTE: COUNCIL MEMBERS VOTING AYE: Mayor McMinn Mayor Pro Tem Baker__ Councilman Malo Councilman Phillips_ Councilwoman Trejo COUNCIL MEMBERS VOTING NAY: None May 7, 1990 Page 338 ATTEST: /s/ Ranette Boyd _ Ranette Boyd, City Secretary APPROVED AS TO FORM: s Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY 01: LUBBOCK § WHEREAS, a Run -Off the City of Lubbock to be the following officers of /s/ B. C. McMinn B. C. McMINN, MAYOR ORDER AND NOTICE OF RUN-OFF ELECTION ELECTION ORDER Election has been ordered by the City Council of held May 25, 1990, for the purpose of electing said City of Lubbock, Texas: CITY COUNCIL MEMBER, DISTRICT 1- S aid Election shall be held at the places in the City of Lubbock hereinafter designated as voting precincts and voting places on Exhibit A attached hereto and made a part hereof for all intents and purposes. Polling places shall be open from 7:00 A.M. to 7:00 P.M. and all electors shall mote in the District of their residence and in the precinct of their residence unless such precinct shall be consolidated with another precinct as provided herein in Exhibit A. Electronic voting machines shall be used for this Run -Off Election, including absentee voting. The persons set forth in Exhibit B attached hereto and made a part hereof for all intents and purposes, are hereby appointed Judges and Alternate Judges to hold said Run -Off City Election on May 25, 1990. Each presiding Judge so named is authorized to appoint the number of clerks specified by the Election Administrator which, number shall be not less than two clerks nor more than six clerks. The Alternate Judge shall serve as Presiding Judge in the event that the regularly appointed Judge is unable to serve. The Alternate Judge shall be appointed by the Presiding Judge toserve as one of the clerks in the event that the election is conducted by the regularly appointed Judge. Absentee balloting shall be conducted at the office of the City Secretary on weekdays and on Saturday, May 19, 1990, during the absentee voting period, which shall commence the 15th day of May, 1990, and shall end the 22nd day of May, 1990. The hours of voting shall be the regular hours of business of the office of the City Secretary, which are from 8:00 A.M. to 5:00 P.M. ELECTION NOTICE The City Secretary of the City of Lubbock is hereby ordered to cause publication of this Order and Notice of Run -Off Election at least one time in a daily newspaper published within the City of Lubbock not more than thirty (30) days nor less than ten (10) days prior to the Run -Off Election May 7, 1990 Page 339 as required by law. The City Secretary shall serve a duly certified copy of this Order and Notice of Run -Off Election on each of the Presiding Judges named in Exhibit B hereto not later than the 7th day after the signing of this Order and Notice of Run -Off Election, or the 15th day before the Run -Off Election, whichever is later. SIGNED AND EXECUTED in the Municipal Building at Lubbock, Texas, this 8th day of May, 1990. ATTEST: s Ranp_tte Boyd Ranette Boyd, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney 1/63 2/79/80 3 4 5 8/10 Absentee Polling Place s B. C. McMinn B. C. McMINN, MAYOR Exhibit A PRECINCT #'S/POLLING PLACES Wolfforth Elementary School 3202 Erskine Arnett Elementary School 701 East Queens McWhorter Elementary School 2711 1st Street Jackson Elementary School 201 Vernon Guadalupe Elementary School 101 N. Avenue P Ramirez Elementary School 702 Avenue T City Hall 1625 13th Street, Room 206 Exhibit B ELECTION PRECINCT PRESIDING JUDGES/ALTERNATE JUDGES May 26, 1990 Run -Off Election May 14, 1990 PRESIDING ALTERNATE PRECINCT # JUDGE JUDGE Wolfforth Elementary School 1/63 Rita Wolford Ofelia Hinojosa Arnett Elementary School 2/79/80 Verdie Harris Don Brooks McWhorter Elementary School 3 Mary Mendoza Joe Rodriguez Jackson Elementary School 4 Lilly Carrillo Joe Carrillo May 7, 1990 Page 340 Guadalupe Elementary Schaal 5 Julia Carrillo Ramirez Elementary Schaal 8/10 Rachel Lopez Absentee Palling Place --City Hall Ranette Boyd City of Lubbock ABSENTEE BALLOT BOARD JUDGE: Jay Lambert CENTRAL_ COUNTING COMMITTEE: ABSENTEE VOTING CLERIC: Louisa Hurtado Martin Wicker Graves Ann Davidson, Presiding Judge County Clerk, Lubbock County, Texas Bill McCullough Director of Computer Services Lubbock County, Texas Tam Tuning Management Information Services City of Lubbock, Texas Ranette Boyd City Secretary City of Lubbock, Texas This Resolution canvasses the returns and authorizes the Mayor to order the Run-off for May 26, 1990. Council was presented for their inspection envelopes containing the official tabulation sheets of the May 5, 1990 City of Lubbock General Election which show, by precinct, the number of ballots cast for each candidate and the number of over votes and under votes in the precinct as fallow: Fifty-nine City precincts (47 palling places) reported the 11,036 votes; an additional 17 write-in votes were cast, bringing the grand total votes to 11,053. A breakdown follows: For the Office of Mayor: Bobby Cannon 1,212 Cecil H. Puryear 3,100 B. C. "Peck" McMinn 6,478 Over Votes 24 Under Votes 222 For the Office of Judge -At -Large of Municipal Court Ken Johnson 6,146 Over Votes 0 Under Votes 4,890 For the Office of Council Member District #1: Maggie Trejo 441 Francisco J. Gutierrez 357 Clyde Myres 172 Over Votes 21 Under Votes 10 May 7, 1990 Page 341 For the Office of Council Member District #3: George W. Carpenter 1,007 Marcus J. "Bud" Aderton 1,197 Over Votes 5 Under Votes 50 For the Office of Council Member District #5: E. Jack Brown 776 Walter Armstrong 271 Gary D. Phillips 1,328 William L. Utley 178 Over Votes 2 Under Votes lO Over votes occur when a voter makes more than one punch for an office; under votes occur when a voter makes no punches for an office. Write -In Votes were cast as follows: For the Office of Mayor: Raul Trevino 1 Allen Henry 1 W.B. "Dub" Rushing 1 Craig Cooley 1 Jim Grandbury 1 Dirk West 1 Jay McClure 1 Victor Lee Cargile 1 Webb Corbin 1 Kirk 5osebee 1 Morris W. Turner 2 For the Office of Judge -At -Large of Municipal Court: A. J. Gentry 1 Jerome 5hilgeberg 1 Robert W. 5t. Clair 1 Larry Tanner i For the Office of Council Member District #3: Maria Mercuto 1 For the Office of Council Member District #5: Gary Bellair 1 Council was asked to scan the forms and then indicate their acceptance by initialing each sheet. According to Ranette Boyd, Election Administrator, records of the election submitted by the precinct judges were in order, and the totals above were verified. Ms. Boyd recommended that Council accept the tabulations and pass the Resolution canvassing the returns. The Order and Notice of Run -Off Election designates the beginning of the period for absentee voting by personal appearance as May 15. May 7, 1990 Page 342 State Law requires that a Run -Off Election be held either the next to the last or the last Saturday in May, and Council formally designated the last Saturday in May for Run-off Elections in 1988. Even though the next t❑ the last Saturday in May is still an option by State Law, it is primarily for small cities using paper ballots which they can photocopy and number. It is not feasible for a larger City using punchcards to hold a Run -Off ❑n this day for the following reasons: 1. Printing of the punchcards and the ballot cards will take one week, which means Staff would have them back by May 15. 2. Legal notices must be translated into Spanish, and then the English and Spanish versions must be published in the AJ and the Spanish version in either E1 Editor ❑r West Texas Hispanic News. 3. State laws provides that Absentee Voting may begin as soon as practical after the ballots have been printed, but must conclude the 4th day before Election Day. If using the May 19 Run -Off date, absentee balloting could be held only 1 day, the 15th, and not even then if there is a delay in getting the ballots printed. Using the 26th date, there will be time for 6 days of absentee voting. 4. Voting devices must be prepared by the County personnel after the ballot cards are printed, and this will take a few days. It was Staff recommendation that, for the May 26, 1990 Run -Off Election, absentee voting by personal appearance be held only in the City Secretary's Office at City Hall, and that the South Plains Mall Absentee Branch not be used. Staff recommended approval ❑f this Resolution. Those who were declared winners signed statement of officer forms at the Council meeting, and Ms. Boyd indicated that these statements would be sent through overnight mail to the Division of Statutory Records of the Secretary Of State's Office. The Official Swearing In and Presentation of Certificates of Election will be at 11:45 a.m., Thursday, May 9, 1990. Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to authorize Resolution #3363 as recommended by Staff. Motion carried: 5 Yeas; 0 Nays. May 7, 1990 Page 343 There being no further business to come before Council, motion was made by Councilwoman Trejo, seconded by Councilman Phillips to adjourn the meeting at 11:40 a.m. Motion carried: 5 Yeas; 0 Nays. c B. C. McMIN , MAYOR Rane a oyd, City SecAty READ AND APPROVED THIS 10TH DAY OF MAY, 1990. B. C. McM NN, MAYOR ATTES .f Ran Lte oyd, City Sethbtary