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HomeMy WebLinkAboutMinutes - City Council - Special - 6/8/1990Page 401 CITY OF LUBBOCK SPECIAL CITY COUNCIL MEETING JUNE 8, 1990 11:30 A.M. The City Council of the City of Lubbock, Texas met in a Special -Called City Council Meeting on the 8th day of June, 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 T. J. Patterson, Councilman Gary Phillips, Councilman Bill Maloy, Councilman M. J. Aderton, Councilwoman Maggie Trejo, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 11:30 A.M. ( 1.) The Invocation was given by City Secretary Ranette Boyd. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. ( 3.) Bill McCullough, Chairman of the Recount Committee, will appear to present Committee Report. Bill McCullough, Chairman of the Recount Committee, presented the Committee Report of the manual recount of all ballots cast in the May 26, 1990 City of Lubbock Run -Off Election. The recount was done at the Lubbock County Courthouse on June 4, 1990 at 2:00 p.m. The Committee, appointed by City Secretary Ranette Boyd, consisted of four members: Joan Ervin, Ida Galindo, Bill Gonzales and William McCullough. Candidates Maggie Trejo and Francisco J. Gutierrez, along with their respective representatives, were present and observed the entire recount process. According to Mr. McCullough, all ballot boxes contained the proper seals which had been placed on them after tabulation by the Central Counting Station on election night, Saturday, May 26, 1990 and each ballot box was given a new seal after it was recounted. The recount tabulation of all precincts balanced exactly with the original computer precinct and cumulative results. However, as a result of the visual inspection of each punched ballot, the committee discovered one ballot in question in Precinct #10. Although there were no holes punched in this ballot it was apparent, by the indentation remaining on the card, that the voter had attempted to cast a vote. It was determined that the computer tallied this ballot as an under vote, no vote cast for either candidate, since the chad was clearly left in place. According to the Texas Election Laws, general provisions statute 65009-C, an election official has the authority to make a judgment decision of the intent of the voter when there is a question concerning a punched -card ballot. Therefore, the majority of the June 8, 1990 pAGE 402 committee concluded, after close examination of the card, that it was the intent of the voter that a vote be cast for Francisco J. Gutierrez. Mr. McCullough stated that, as a result of this single correction, the Recount Committee reports the following final tabulation: 1,097 Total ballots cast 549 Votes cast for Maggie Trejo 534 Votes cast for Francisco J. Gutierrez 9 Over Votes 5 Under Votes MAY 26, 1990--CITY OF LUBBOCK RUNOFF ELECTION, DISTRICT #1 VOTES CAST % of Precinct: Name of Candidate Absentee May 26 Total Votes 1 Maggie Trejo 8 113 121 46.3 Francisco J. Gutierrez 13 127 140 53.6 Over Votes 0 2 2 Under Votes 0 0 0 2 Maggie Trejo 10 55 65 54.6 Francisco J. Gutierrez 8 46 54 45.3 Over Votes 0 0 0 Under Votes 0 1 1 3 Maggie Trejo 11 195 206 64.9 Francisco J. Gutierrez 8 103 111 35.0 Over Votes 0 3 3 Under Votes 0 2 2 4 Maggie Trejo 11 49 60 38.7 Francisco J. Gutierrez 5 90 95 61.2 Over Votes 0 0 0 Under Votes 0 0 0 5 Maggie Trejo 8 37 45 30.0 Francisco J. Gutierrez 10 95 105 70.0 Over Votes 0 1 1 Under Votes 0 1 1 8 Maggie Trejo 6 16 22 62.8 Francisco J. Gutierrez 4 9 13 37.1 Over Votes 0 2 2 Under Votes 1 0 1 10 Maggie Trejo 4 26 30 66.6 Francisco J. Gutierrez 2 13 + 1 = 14 16 33.3 Over Votes 0 1 1 Under Votes 0 1- 1= 0 0 63 Maggie Trejo 0 0 0 0.0 Francisco J. Gutierrez 0 0 0 0.0 Over Votes 0 0 0 Under Votes 0 0 0 79 Maggie Trejo 0 0 0 0.0 Francisco J. Gutierrez 0 0 0 0.0 Over Votes 0 0 0 Under Votes 0 0 0 80 Maggie Trejo 0 0 0 0.0 Francisco J. Gutierrez 0 0 0 0.0 Over Votes 0 0 0 Under Votes 0 0 0 June 8, 1990 Page 403 90-49A-403-290 ( 4.) Consider Resolution #3381 canvassing results of the recount of the May 26, 1990 Run -Off Election for City Council District 1. RESOLUTION 3381 A RESOLUTION CANVASSING THE REPORT OF THE RECOUNT COMMITTEE FOR THE RUN-OFF ELECTION HELD MAY 26, 1990, AND DECLARING THE RESULT OF THE RECOUNT. BE IT REMEMBERED THAT on the 8th day of June, 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: Mavor B. C. McMinn Mayor Pro Tem Joan Baker Councilman T. J. Patterson Councilman Gary Phillips Councilman Bill Maloy Councilman M. J. Aderton Councilwoman Maggie Tre,io On motion of Mayor Pro Tem Baker, second by Councilman Patterson, it is unanimously carried that the report of the Recount Committee for the re- count of the votes in the Run -Off Election held May 26, 1990, for the election of the Council Member, District 1, as provided by law, be opened and canvassed, and the results of the recount be declared therefrom; and said report having been duly canvassed, it is found that the votes for the candidates are as follows: CANDIDATES FOR COUNCIL MEMBER, DISTRICT 1 VOTES RECEIVED MAGG I E TREJO . . . . . . . . . . . . . . . . . . 549 FRANCISCO J. GUTIERREZ . . . . . . . . . . . . . 534 OVER VOTES . . . . . . . . . . . . . . . . . . . 9 UNDER VOTES . . . . . . . . . . . . . . . . . . . 5 TOTAL VOTES CAST: 1,097 And it further appearing that said recount was duly held as provided by law and that the following person received a majority of the votes of the sum total of votes cast for such position: MAGGIE TREJO June 8, 1990 pAGE 404 IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1: THAT the following person was duly elected Council Member, District MAGGIE TREJO PASSED, APPROVED AND ADOPTED ON MOTION OF MAYOR PRO TEM BAKER, SECONDED BY COUNCILMAN PATTERSON, THIS 8th DAY OF JUNE, 1990, BY THE FOLLOWING VOTE: C0%11P[of 10TWDiai•� ��L'iiT►[r1:1'T# Mayor B. C. McMinn Mayor Pro Tem Joan Baker Councilman T. J. Patterson Councilman Gary Phillips Councilman Bill Maloy Councilman M. J. Aderton Councilwoman Maggie Tre,io COUNCIL MEMBERS VOTING NAY: no one /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney According to State Law, the May 29, 1990 Canvass of the May 26, 1990 Run -Off Election is void and the canvass by Council today will be the official canvass. Staff memo indicated that because the outcome of the May 26, 1990 Election did not change as a result of the recount, Francisco J. Gutierrez will be refunded $295.00 of the $350.00 deposit and will be assessed the costs allowed by State Law as follows: $5.00 x 2 hours x 4 Recount = $40.00 Committee Members $15.00 for supplies, etc. 15.00 TOTAL $55.00 Staff recommended Council approval of the Resolution canvassing the Recount.