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1990-007City of Southlake, Texas RESOLUTION NO. 90-07 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, CALLING A GENERAL ELECTION TO BE HELD ON MAY 5, 1990. ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY: APPOINTING AN ELECTION JUDGE AND AN ALTER- NATE JUDGE: AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE -CLEARANCE APPROVAL: ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF THE ELECTION: ESTABLISHING A DATE FOR CANVASSING RETURNS: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code (the Code") specifies that the first Saturday in May shall be a uniform election date" and that a general election of a city may be held on such day; and, WHEREAS, by a Resolution the first Saturday in May (May 5, 1990) has been adopted as the date of its general election; and, WHEREAS, by this resolution, established the next to last Saturday in May (May 19, 1990) as the date for a runoff election should one be required for the general election; and, WHEREAS, by this resolution, it is the intention of the City Council to officially establish the election precincts within the City, to designate a polling place for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election; and, WHEREAS, the changes from prior practices may require pre -clearances under the Federal Voting Rights Act: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. Election Day. A general election shall be held in the City of Southlake, Saturday, May 5, 1990, at which the following officers will be elected: COUNCILMEMBER PLACE NO. 3 COUNCILMEMBER PLACE NO. 4 COUNCILMEMBER PLACE NO. 5 Section 2. Term of Office. In accordance with the City's Charter, the candidate for each office receiving a majority of votes for such office shall be elected for a term of two (2) years beginning May 5, 1990, or until a successor is duly elected and qualified. City of Southlake, Texas Resolution 90-07 page two Section 3. Eligibility for accordance with the City's Charter, no person shall the office of Mayor or Councilmember unless he/she elector of the City and has resided in the City for 12) months next preceding the election at which elected. Candidacy. In be eligible for is a qualified at least twelve he/she is to be Section 4. Application for a Place on the Ballot. In accordance with Section 143.007 of the Code, any eligible and qualified person may have his name printed upon the official ballot as a candidate for the offices herein set forth by filing his sworn application with the City Secretary not earlier than February 19, 1990, and not later than 5:00 p.m. March 21, 1990. Each such application shall be on a form as prescribed by Section 141.031 of the Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Secretary as provided by Section 52.094 of the Code. Notice of the time and place for such drawing shall be given in accordance with the Code. Section 5. Runoff Election. In accordance with the Code, in the event that no candidate receives a majority of the votes for an office, there shall be a runoff election held on May 19, 1990. If a runoff election is necessary, it shall be ordered by the Mayor not later than five (5) days after the canvassing of the returns of the general election. Section 6. Election Precincts. In accordance with Section 42.061 of the Code, the City Council of the City hereby establishes its election precincts for all municipal elections from and after the effective date of this Resolution, such precincts to be coterminous with the boundaries of the below listed election precincts established by the Denton County and Tarrant County Commissioner's Courts, to the extent such election precincts are within the corporate boundaries of the City, and to be identified by the same number as the county precincts. The election precincts hereby adopted as the election precincts of the City are as follows: Denton County Election Precinct No. 312 Tarrant County Election Precinct No. 3035 Tarrant County Election Precinct No. 3039 Tarrant County Election Precinct No. 3040 Tarrant County Election Precinct No. 3114 Tarrant County Election Precinct No. 3286 Tarrant County Election Precinct No. 3359 Section 7. Polling Place. The polling place for all election precincts of the City for all municipal elections from and after the effective date of this Resolution shall be City Hall, 667 North Carroll Avenue, Southlake, Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m., in accordance with and pursuant to the requirements of the Code. City of Southlake, Texas Resolution 90-07 page three Section 8. Appointment of Election Judge and Alternate Election Judge. The following named individuals, residing at the respective addresses, are hereby appointed to serve as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the election: Presiding Judge: Name: Charles Curry Address: 1203 Ridgewood Circle, Southlake, Texas Alternate Presiding Judge: Name: Aloha Payne Address: 1213 Whispering Lane, Southlake, Texas The Election Judge and the Alternate Judge shall be qualified voters of the city. The City Secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judge and the Alternate Presiding Judge notice of their appointments not later than twenty (20) days from the effective date of this Resolution. Section 9. Appointment of Clerks. The Presiding Judge for the polling place shall appoint Election Clerks and as many additional Clerks as are necessary for the proper conduct of the election. Provided, however, five (5) Clerks, shall be the maximum number of Clerks which may be appointed to serve at the polling place. All Election Clerks shall be qualified voters of the City. Section 10. Compensation of the Election Judge and Election Clerks. The Presiding Election Judge, Alternate Presiding Judge and each Election Clerk shall be compensated at the rate of $5.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judge shall also be paid the additional sum of $25.00 for delivering the returns of the election. Section 11. Method of is hereby authorized and instructed necessary election supplies to conduct with this resolution. Voting at electronic voting machine and shall be the Code. Voting. The City Secretary to provide and furnish all the election. In accordance the election shall be by conducted in accordance with City of Southlake, Texas Resolution No. 90-07 page four Section 12. Governing Law and Qualified Voters. The election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident qualified voters of the City shall be eligible to vote at the election. Section 13. Publication and Posting of Notice. Notice of the election shall be published once no earlier than April 5, 1990, and no later than April 25, 1990, in a newspaper in accordance with the provisions of the Code, and shall be posted no later than April 16, 1990, in the regular place for posting notice of meetings of the City Council of the City. Section 14. Absentee Voting. Absentee Voting by personal appearance shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. on each day which is not a Saturday, Sunday, or an official State Holiday, beginning on April 16, 1990, and continuing through May 1, 1990, except on Saturday, April 28, 1990, the absentee polling place will be open from 10:00 a.m. to 2:00 p.m. Absentee voting by personal appearance shall be at the office of the City Secretary, 667 North Carroll Avenue, Southlake, Texas. Applications for absentee voting by mail shall be delivered to the City Secretary at the same address not earlier than March 6, 1990 and not later than the close of business on April 27, 1990. Absentee voting, both by personal appearance and by mail, shall be by paper ballots and shall be canvassed by the Absentee Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge appointed herein shall serve as the presiding officer and the alternate presiding officer, respectively, of the Absentee Ballot Board. The other election officer serving at the election shall serve as the other members of the Absentee Ballot Board for the election. Section 15. Submissions to the United States Justice Department That the City Secretary of the City of Southlake is authorized to make such submissions as are necessary to the United States Justice Department to seek pre -clearance approval for new precincts added due to recent annexations and for additional length of the absentee voting period to include Saturday, April 28, from 10:00 a.m. to 2:00 p.m. Section 16. Delivery of Returns. In accordance with the Code, immediately after the closing of the polls on the i City of Southlake, Texas Resolution No. 90-07 page five day of the election, the election officers names in this Resolution shall make and deliver the returns of the election in triplicate as follows: one copy shall be retained by the Presiding Judge, one copy shall be delivered to the Mayor of the City, and one copy of the returns, together with the ballot boxes and all election supplies, shall be delivered to the City Secretary. All election records and supplies shall be preserved by the City Secretary in accordance with the Code. Section 17. Canvassing of Returns. The City Council shall convene on May 7, 1990, at 7:b0 p.m., to canvass the returns of the election. Section 18. Necessary Actions. The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. Section 19. Effective Date. This Resolution shall be effective upon its adoption. PASSED AND APPROVED THIS THE day of , 1990. rz es ;s H AftZ S T 00• I'llfinla"- andra L. LeGrand City Secretary APPROVED AS TO FORM: City AINtorney CITY OF SOUTHLAKE, TEXAS w By: Pfayo Gar/ Fil7ckes