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1996-003RESOLUTION NO. 96-03 A RESOLUTION OF THE CITY OF SOUTHLAIE, TEXAS, CALLING FOR A - SPECIAL ELECTION TO BE HELD ON MAY 42 1996 IN CONJUNCTION WITH THE GENERAL ELECTION TO BE HELD ON THAT DATE; 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, a vacancy has occurred on the city council and state law requires that a special election be held to fill that vacancy; and 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 special election of a city may be held on such day; 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, by Resolution 96-02 the city council has called a general election to be held on May 4, 1996; 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. Special Election Called. A special 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 5 f.\files\s1ake\res\05-04-96.e12 (02-05-96) This election shall be held in conjunction with the general election called by Resolution 96- 02 to be held on that date. Section 2. Term of Office. In accordance with the city charter, the candidate for office receiving the majority of votes for such office shall serve the remaining two (2) years of a three (3) year term expiring in May 1998. Section 3. Eligibility 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 toe 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., April 3, 1996. Each such application shall be on a form prescribed by 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 Procedures. The election precincts, polling places, election judges, clerks, and early voting dates and procedures for the special election shall be identical to those established in Resolution No. 96-02 for the general election to be held on the same date. Section 7. 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 8. Governina 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 qualified voters of the city shall be eligible to vote at the election. f.\fi1es\s1ake\res\0544-%.e12 (02-05-%) 2 Section 9. 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 10. 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 11. 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 12. Effective Date. This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS (0 DAY OF , 1996. CITY OF SOUTHLAKE, TEXAS- Mayor Ga Fickes A ST: ci andra L. LeGrand ,.0! AKE''%h. City Secretary O ' rKj. S O 00 APPROVED AS TO FORM: 4L 4C City Attorney f.\fi1es\slake\ces\05-04-%.e12 (02-05-%) 3