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1996-003-Ad w RESOLUTION NO. /'L 3 %/ A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A SPECIAL ELECTION TO BE HELD ON MAY 49 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 ,inj&x 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, vacancies have occurred on the city council and in the office of the mayor, 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: MAYOR COUNCILMEMBER PLACE 2 COUNCH.MEMBER PLACE 4 f.\files\s1ake\res\054-96e.2-2 (02-16-96) 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 candidates for mayor and council place 2 receiving the majority of votes for the office shall serve the remaining one year of a three year term expiring in May 1997. The candidate for council place 4 receiving the majority of votes for the office shall serve the remaining two years of a three year term ending 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 the person is a qualified elector of the city and has resided in the city for at least 12 months preceding the election date. Section 4. ADnlication for a Place on the Ballot. In accordance with Section 143.002 of the Code, the name of a qualified person shall be placed on the official ballot as a candidate if the person files a sworn application with the city secretary after the date of this resolution, but not later than 5:00 p.m., April 3, 1996. Each 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 the drawing shall be given in accordance with the Code. Section 5. Runoff Election. If no candidate receives 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 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, method of voting and other 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. 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. f.\files\s1ake\res\05-4-9&.2-3 (02-19-%) 2 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 candidates for mayor and council place 2 receiving the majority of votes for the office shall serve the remaining one year of a three year term expiring in May 1997. The candidate for council place 4 receiving the majority of votes for the office shall serve the remaining two years of a three year term ending in May 1998. Section 3. lig' ibility for Candidacv. In accordance with the city's Charter, no person shall be eligible for the office of mayor unless the person is a qualified elector of the city and has resided in the city for at least 12 months preceding the election date. Section 4. Anvlication for a Place on the Ballot. In accordance with Section 143.002 of the Code, the name of a qualified person shall be placed on the official ballot as a candidate if the person files a sworn application with the city secretary after the date of this resolution, but not later than 5:00 p.m., April 3, 1996. Each 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 the drawing shall be given in accordance with the Code. Section S. Runoff Election. If no candidate receives 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 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, method of voting and other 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. Submission to the United States Justice Devartment. 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. f.\files\s1ake\res\05-4-%e.2-2 (02-16-6) 2 Section 8. 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 9. Effective Date. This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS 90 DAY OF , 19%. j f S 0 jj °% CITY OF SOUTHLAKE, TEXAS 9' ac = 41i6yor Gary ickes a- w_ A 1 4autav L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney f.\files\slake\res\05-4-96e.2-2 (02-16-%) 3