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1996-002RESOLUTION NO. 96-02 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 4,1996; ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY; APPOINTING AN ELECTION JUDGE AND AN ALTERNATE JUDGE; AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE -CLEARANCE APPROVAL; ESTABLISHING OTHER PROCEDURES FOR CONDUCT OF THE ELECTION; ESTABLISHING''=A DATE FOR CANVASSING RETURNS; ESTABLISHING A DATE FOR RUNOFF ELECTION IF NECESSARY; 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, state law and the.charter of the City of Southlake require that a general election be held; 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 -clearance under the Federal Voting Rights Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. General Election Called. A general election shall be held in the City of Southlake, Texas, on Saturday, May 4, 1996, at which the following officers will be elected: COUNCILMEMBER PLACE 1 COUNCILMEMBER PLACE 6 Section 2. Term of Office. In accordance with the city charter, the candidate for each of the offices receiving the majority of votes for such office shall be elected to a three f:\fi1es\s1ake\res\05-04-%.e1e (02-05-%) 3) year term beginning May 4, 1996, and ending in May 1999, or until a successor is duly elected and qualified. Section 3. Elisibility for Candidacv. In accordance with the city's Charter, no person shall be eligible for the office of mayor or councilmember unless he/she is a qualified elector of the city and has resided in the city for at least twelve (12) months preceding the election at which he/she is to be elected. Section 4. Annlication for a Place on the Ballot. In accordance with Section 143.002 of the Code, any eligible and qualified person shall 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, 1996, and not later than 5:00 p.m., March 20, 1996. Each such application shall be on a form 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 received a majority of the votes for an office, there shall be a runoff election held on June 1, 1996. 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 election 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: Denton County Election Precinct No. 318 Tarrant County Election Precinct No. 3470 Tarrant County Election Precinct No. 3039 Tarrant County Election Precinct No. 3040 Tarrant County Election Precinct No. 3286 Tarrant County Election Precinct No. 3359 Section 7. Polline Places. The polling place for the general election for all precincts of the city shall be Johnson Elementary School, 1301 N. Carroll Avenue, Southlake, f:\fi1es\s1ake\res\0544-%.e1e (02-05-%) 2 Texas 76092. The polls shall be open from 7:00 a.m. to 7:00 p.m. on election day, in accordance with and pursuant to the requirements of the Code. Section 8. Annointment 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: Aloha Payne, 1213 Whispering Lane, Southlake, Texas Alternate Judge: Joan Dunbar, 1202 Oakwood Trail, Southlake, Texas The Election Judge and 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 Judge, notice of their appointments not later than twenty (20) days from the effective date of this resolution. Section 9. Annointment 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, six (6) 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 $6.00 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 Voting. The city secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the general election, in accordance with this resolution. Voting at the election shall be by electronic voting machines and shall be conducted in accordance with the Code. Section 12. Governing Law and Oualified Voters. The election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident f:\files\slake\res\05-04-%.ele (02-05-%) 3 qualified voters of the city shall be eligible to vote at the election. Section 13. Publication and Pdstina of Notice of Election. Notice of the election shall be published twice no earlier than April 4, 1996, and no later than April 24, 1996, in the newspaper in accordance with the provisions of the Code. Additionally, notice shall be posted no later than April 15, 1996, in the regular place for posting notice of meetings of the city council of the city, and shall remain posted continuously through election day, May 4, 1996. Section 14. Earlv Voting.. Early 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 15, 1996, and continuing through April 30, 1996. Additional voting hours shall include: Monday April 15, 1996 8:00 a.m. to 5:00 p.m. Tuesday April 16, 1996 8:00 a.m. to 5:00 p.m. Wednesday April 17, 1996 8:00 a.m. to 5:00 p.m. Thursday April 18, 1996 8:00 a.m. to 5:00 p.m. Friday April 19, 1996 8:00 a.m. to 5:00 p.m. Saturday April 20, 1996 Closed Sunday April 21, .1996 Closed Monday April 22, 1996 8:00 a.m. to 7:00 p.m. Tuesday, April 23, 1996 8:00 a.m. to 7:00 p.m. Wednesday April 24, 1996 8:00 a.m. to 7:00 p.m. Thursday April 25, 1996 8:00 a.m. to 7:00 p.m. Friday April 26, 1996 8:00 a.m. to 5:00 p.m. Saturday April 27, 1996 8:00 a.m. to 5:00 p.m. Sunday April 28, 1996 Closed Monday April 29, 1996 8:00 a.m. to 5:00 p.m. Tuesday April 30, 1996 8:00 a.m. to 5:00 p.m. Early Voting by personal appearance shall be held at the office of the city secretary, 1725 E. Southlake Blvd., Southlake, Texas 76092. Applications for early voting by mail shall be delivered to the city secretary at the same address, not earlier than March 5, 1996, and not later than the close of business on April 26, 1996. Early Voting, both by personal appearance and by mail, shall be by paper ballots and shall be canvassed by the Early Voting 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 Early Voting t\fila\slake\res\05-04•96,cIc (02-05.96) 4 Ballot Board. The other election officers serving at the election shall serve as the other members of the Early Voting Ballot Board. The other election officers serving at the election shall serve as the other members of the Early Voting Ballot Board for the election. Section 15. Submission to the United States Justice Department. 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 additional length of the absentee voting period. Section 16. Delivery of Returns. In accordance with the Code, immediately after the closing of the polls on the day of the election, the election officers named 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. Necessary Actions. The mayor and the city secretary of the City of Southlake, 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 18., Effective Date. This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS DAY OF, IdIVPA 1996. CITY OF mayor A17 Sandra L. LeGrand City Secretary APPROVED AS TO FORM: 0/C, City Attorney f.\fi1es\s1ake\res\05-04-%.e1e (02-05-%) 5 a H