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05-20-2009 (City Council) Agenda Packet Wylie City Council CITY OF WYLit NOTICE OF MEETING Special Called Meeting Agenda May 20, 2009 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 'I Kathy Spil!yards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www,vtVietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: wwwwvlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CANVASS OF ELECTION • Consider, and act upon, Resolution No. 2009-14(R) declaring the results of the Official Canvass of the General Election of May 9, 2009. May 20.2009 Wylie City Council Special Called Meeting Agenda Page 2 of 2 ISSUANCE OF CERTIFICATES TO ELECTED COUNCIL MEMBERS • Presented by Judge Art Maldonado ADMINISTRATION OF OATH OF OFFICE FOR ELECTED COUNCIL MEMBERS • Administered by Judge Art Maldonado ADJOURNMENT A RECEPTION WILL BE HELD IMMEDIATELY FOLLOWING THE SPECIAL CALLED MEETING/CANVASS TO HONOR THE NEWLY ELECTED WYLIE CITY COUNCIL MEMBERS. A QUORUM OF THE CITY COUNCIL MAY OR MAY NOT BE PRESENT, NO ACTION WILL BE TAKEN DURING THIS RECEPTION. CERTIFICATION I certify that this Notice of Meeting was posted on this 15th day of May, 2009 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed RESOLUTION NO. 2009-14(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DECLARING THE RESULTS OF THE CANVASS FOR THE ELECTION RETURNS OF THE GENERAL ELECTION OF MAY 9,2009 FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE WYLIE CITY COUNCIL, PLACES 2, AND 4 FOR A TERM OF THREE YEARS. WHEREAS,the City Council of the City of Wylie,Texas(City)held a General Election on May 9,2009 for the purpose of electing two members of the Wylie City Council for a term of three years; and WHEREAS, a Canvass of the General Election including the returns was conducted on May 20, 2009; and WHEREAS, it was found that the persons herein named received the following votes for said term of office on the Wylie City Council of the City of Wylie, Texas: Council Place 2, M. G. "Red" Byboth received 1,545 or 100% of the votes cast Council Place 4, Bennie Jones received 1,158 or 59.88% of the votes cast Gilbert Tamez Sr. received 776 or 40.12% of the votes cast NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. M. G. "Red" Byboth is hereby declared to be elected as Council Member Place 2. SECTION 3. Bennie Jones is hereby declared to be elected as Council Member Place 4. SECTION 4. The Wylie City Council hereby finds and determines, as a result of the Canvass, held on May 20, 2009, that a combined Election Day and Early Vote total of 2,515 votes were cast in the General Election, with 1,794 early votes cast, as indicated by the poll list for the General Election held on May 9, 2009. Resolution No.2009-14(R) Canvass of the General Election for May 9,2009 SECTION 5. It is hereby declared that the City of Wylie approves and accepts the results of the General Election for Council Places 2 and 4 as set forth in the Order attached hereto as Exhibit A, as determined by the majority vote of the qualified voters of the City of Wylie. SECTION 6. This Resolution will become effective immediately upon its passage by the Wylie City Council. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 20th day of May, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2009-14(R) Canvass of the General Election for May 9,2009 Exhibit A Resolution No.2009-14(R) Canvass of the General Election for May 9,2009 SUMMARY OF PRECINCT RETURNS FOR OFFICIAL CANVASS I,Mayor Eric Hogue,the presiding officer of the canvassing authority for the General Election,held on the 9 day of May 2009,Collin County,Texas,do hereby certify that the following is a total of all votes received by each candidate for the General Election as shovn by the precinct returns. I further certify that the following vote totals include early voting votes by precinct received under Section 87.1231 of the Texas Election Code G A L LE I I EARLY VOTING & ELECTION DAY COMBINED Position Candidate Name 27,33, 41,56, 83, 133, 144 IA,2601 25, 153, 159 Total lace 4 . enn a Jones 18; iyee 4 Gilbert Ta ,i ez,Sr. ° 76 CSJ , pppI Jo Y A ry i% I ALL.I 'S CA r 0I: ,2515 ui o- � I f 1 hIAG0i,` (I U C �VVOT �lrU , /4 a 0 o I, TOTAL o` ,J ;000 OF I T i rV'00 Dr, II : 5 Dated this 20th day of May, 2009 Eric Hogue, Presiding Officer of Canvassing Authority Resolution No.2009-14(R) Canvass of the May 9,2009 General Election GENERAL ELE+CTION EARLY VOTING ONLY Position Candidate Name 27,33,41, 56, 83, 133, 144 1A,2601 25, 153t 159 Total Place 2 M. G. Red Byboth 1,108 Place 4 Bennie Jones 823 Place 4 Gilbert Tamez,Sr. 543 EARLY DOTING BALLOTS CAST: 1,794 PERCENTAGE OF REGISTERED VOTERS: 9.7% TOTAL NUMBER OF REGISTERED VOTERS: 18,538 Resolution No.2009-14(R) Canvass of the May 9,2009 General Election STATE OF TEXAS § CANVASS OF THE CITY OF WYLIE JOINT GENERAL AND SPECIAL ELECTION COUNTY OF COLLIN § May 9, 2009 I, Sharon Rowe, the undersigned Elections Administrator of Collin County, do hereby certify that I have made an actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots. I, therefore, make the following report of my findings from the May 9, 2009, City of Wylie Joint General and Special Election that was held in Collin County, Texas. I hereby certify the results to be a full, true and correct tabulation, audit and count of the votes cast in the said election. WITNESS, my hand on this the 15th day of May 2009. ii-L /21e--d42-- S aron Rowe Elections Administrator Collin County Election Summary Report Date:05/15/09 May9th 2009 Time:1�:11:2? Page:1 of 1 City and School GENERAL AND SPECIAL ELECTION Summary For Jurisdiction Wide, All Counters, Wylie COMBINED ACCUMULATED TOTALS Registered Voters 422437-Cards Cast 2515 0.60% Num. Report Precinct 45-Num.Reporting 45 100.00% COUNCILMEMBER,PLACE 2 WYLIE 1. Total Number of Precincts 2 Precincts Reporting 2 100.0 °fin Vote For 1 `` Times Counted 2515i 18538 13,6 %~". Total Votes 1545 Times Blank Voted 970 Times Over Voted 0 Number Of Under Votes 0 M.G."RED"BYROTE 1545 100.00% COUNCILMEMBER,PLACE 4 WYLIE Total Number of Precincts Precincts Reporting 2 100.0 % Vote For 1 Times Counted 2515/18538 13.6 ° Total Votes 1934 Times Blank Voted 581 Times Over Voted 0 r: Number Of Under Votes 0 BENN E JONES 1158 59.88% GILBERT TAMEZ,SR. 776 40.12% 4 — Election Summary Report Date:05/15/09 May 9th 2009 Page:1Time:12:21:47 of 1 City and School GENERAL AND SPECIAL ELECTION Summary For Jurisdiction Wide, Wylie EARLY VOTING ACCUMULATED TOTALS Registered Voters 422437-Cards Cast 1794 0.42% Num. Report Precinct 0-Num.Reporting 0 0.00% COUNCILMEMBER,PLACE 2 WYLIE Total -, Number of Precincts 0 Precincts Reporting 0 Vote For Times Counted 1794/18538 9.7 %:51 Total Votes 1108 Times Blank Voted 686 Times Over Voted 0 ... Number Of Under Votes 0 M.G."RED"BYBOTH 1108 100.00% ,,-. --_,,-,--,-:4.,/,- -,,.=•*.-L,,::.=..,,,,:,:-/,:-.-- ,,,,,,,,---,,,-,,,,.-:-,.=,--.-:',..,,--:-/:,...,;-'.,-,,.::,,,,,,-;--;/,-,,,:\,.,;-,,,-..-=,-,=,,,:.,--,;:-:..',,,,--,•,-.,-,,--,,,,,4 COUNCILMEMBER,PLACE 4 WYLIE I 4 Total Number of Precincts 0 Precincts Reporting 0 ?.$ Vote For Times Counted 1794/18538 9.7 %,, Total Votes 1366 Times Blank Voted 428 Times Over Voted 0 Number Of Under Votes 0 BENNIE JONES 823 60.25%4' GILBERT TAMEZ,SR. 543 39 75% -:-: . -----,----,,,,'.en.-,-,--,.-,,.=-.,,,se-42.-::,:•:',.i:.--,,,,,,, ',.. ... :,,-,,,,:,:',-,.---..-;:'-,,:,,:,,,,,-„,-,.,-,,',..,,,,,-,-,,:,-,-,,\,,,.,,„.:::--.-2.-:-.- -,,,1 Election Summary Report Date:05/15/09 Time:12:32:07 May 9th 2009 Page:1 of 1 City and School GENERAL AND SPECIAL ELECTION Summary For Jurisdiction Wide, Wylie ELECTION DAY ACCUMULATED TOTALS Registered Voters 422437-Cards Cast 721 0.17% Num. Report Precinct 45-Num. Reporting 45 100.00% COUNCILMEMBER,PLACE 2 WYLIE Total Number of Precincts 2 •,:., Precincts Reporting 2 100.0 %4.11 Vote For 1 Times Counted 721/18538 3.9 '%1 Total Votes 437 Times Blank Voted 284 Times Over Voted 0 j Number Of Under Votes 0 M.G."RED"BYBOTH 437 100.00% COUNCILMEMBER,PLACE 4 WYLIE I Total .], Number of Precincts 2 Precincts Reporting 2 100.0 % Vote For 1 Times Counted 721/18538 3.9 % Total Votes 568 Times Blank Voted 153 Times Over Voted 0 , Number Of Under Votes 0 3 BENNIE JONES 335 58.98%Z, GILBERT TAMEZ.,SR. 233 41.02%1 —;::•:, :,''';;,,?:-,,:'-,,,,,,-,--:,-,,,,,=,,:,:,:-:---,,,,,,,'::-=•:.--,,,,-:.,=;;,.,,;,,--,,,,,,-,?>„ ,--•„:,,,,',-:,,,,,,,-.:,,';,-,-,,,,-,,-,--,v,.--,::-,,>),'-i.'