2006-013r
OFFICIAL RECORD
RESOLUTION NO. 0 6 — D 13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY
13, 2006; APPROVING JOINT ELECTIONS WITH TARRANT COUNTY
AND CARROLL ISD; AND ESTABLISHING PROCEDURES FOR THAT
ELECTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas, (the "City") is a home rule city acting
under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the regular election for City Council members of the City of Southlake
is required to be held on May 13, 2006, at which time the voters will elect persons to fill the
offices of Mayor and City Council Place 2; and
WHEREAS, the election will be held as a joint election, conducted under the
authority of Chapter 271 of the Texas Election Code; and
WHEREAS, by this Resolution, it is the intention of the City Council to designate a
polling place for the election, to appoint the necessary election officers to establish and set
forth procedures for conducting the election, and authorize the City Manager to execute
agreements with Tarrant County and Carroll ISD for joint elections.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, THAT:
Section 1. General Election Called. An election is hereby called to elect the offices of
Mayor and City Council Place 2 to serve from May, 2006 until May of 2009 or until their
successors are duly elected and qualified. The election shall be held on May 13, 2006
between the hours of 7:00 a.m. and 7:00 p.m. at Carroll High School, 800 North White
Chapel Blvd., Southlake, Texas.
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Section 2. Joint Elections Aareements Approved. ,Tt4 Joint Election Agreement for
Tarrant County and the City of Southlake (the "County Agreement"), attached hereto as
Exhibit "A" and incorporated herein for all purposes, is hereby approved and the City
Manager is authorized to execute the County Agreement. In the event of conflict between
this resolution and the County Agreement, the County Agreement shall control. The
Agreement for Joint Election Between the City of Southlake and Carroll Independent
School District, attached hereto as Exhibit "B" and incorporated herein for all purposes, is
also approved, and the City Manager is authorized to execute it.
Section 3. Application for Place on Ballot. Qualified persons may file as candidates
by filing applications in the office of the City Secretary from 8:00 a.m. to 5:00 p.m., from
February 11, 2006 through March 13, 2006.
Section 4. Early Votina.
a. Early voting by personal appearance. Early voting by personal appearance
shall commence May 1, 2006 and shall continue Monday through Friday, until May 9, 2006
at locations and times designated in the County Agreement. On at least two days during
the early voting period, a location for early voting shall be open for at least twelve (12)
hours.
b. Early voting by mail. Gayle Hamilton, the Tarrant County Election
Administrator ("Elections Administrator") is hereby designated as Early Voting Clerk for the
general election. Applications for early voting by mail may be delivered to the the Elections
Administrator at the following address: Early Voting Clerk, P.O. Box 961011, Fort Worth,
Texas 76161-0011, not earlier than March 14, 2006 and not later than close of business
on April 28, 2006, if delivered in person, and May 5, 2006 if delivered by mail. Early voting
ballots shall be mailed to the Elections Administrator at the same address.
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C. Early voting by Ballot Board. Early voting, both by personal appearance and by
mail, shall be canvassed by the Early Voting Ballot Board established by Tarrant County
under the terms of the County Agreement.
Section 5. ADDointment of Election Judae and Alternate Election Judae. The
Presiding Election Judge and Alternate Presiding Judge shall be appointed by Tarrant
County as authorized by Chapter 271 of the Code.
Section 6. Method of Votina. The Hart InterCivic eScan (Optical Scan Voting System
shall be used for voting by personal appearance on election day and the Hart InterCivic
eSlate (Direct Recording Electronic Voting System) for early voting by personal appearance
and election day. The City Council hereby adopts the Hart InterCivic eScan for election day
and the eSlate DRE for early voting and election day. All expenditures necessary for the
conduct of the election, the purchase of materials therefore, and the employment of all
election officials are hereby authorized, and shall be conducted in accordance with the
Election Code, and the County Agreement.
Section 7. Governina 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 8. Publication and Postina of Notice of Election. Notice of the election shall
be given as required by Chapter 4 of the Code.
Section 9. Submissions 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 for any changes
in voting practices.
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Section 10. 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 11. Effective Date. This resolution shall be effective upon its adoption.
PASSED AND APPROVED this al day of Ewan./ , 2006.
CITY O IIHLAKE
Mayor
ATTEST:
A"'a4'0
City Secretary
oF SOUT/y
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JOINT ELECTION AGREEMENT
FOR TARRANT COUNTY AND CITY OF SOUTHLAKE
MAY 13, 2006
THIS AGREEMENT is made and entered into this day of
2006, by and between the COUNTY OF TARRANT, acting by
and through the TARRANT COUNTY ELECTIONS ADMINISTRATOR ( hereinafter
referred to as "COUNTY") and the CITY OF SOUTHLAKE, TEXAS, acting by and
through its Mayor or his/her designee (hereinafter referred to as "Entity").
WHEREAS, the County of Tarrant will conduct a Special Bond Election and
the City of Southlake will conduct a General Election on May 13, 2006; and
WHEREAS, it is desirable for voter convenience and to reduce the overall
cost to each entity that said elections be held jointly on May 13, 2006; and
WHEREAS, the City of Southlake has found and determined that the
designated polling places located outside the boundary of the election precinct or
political subdivision adequately and conveniently serves the affected voters and
will facilitate the orderly conduct of the election; and
WHEREAS, the City of Southlake desires to select the Tarrant County
Elections Administrator to conduct and coordinate this joint election; NOW
THEREFORE,
WHEREAS, the City of Southlake is located in Tarrant and Denton
Counties, voters from the other counties will require special procedures for
processing Early Voting by personal appearance.
FOR AND IN CONSIDERATION of the mutual project referenced herein, the
parties hereto agree to hold an election jointly on May 13, 2006, from 7:00 a.m.
until 7:00 p.m., in accordance with Section 271.002, Texas Election Code, and that
said election be conducted jointly pursuant to the terms of this Agreement.
I. AGREEMENT
GENERAL TERMS:
1.01 On Saturday, May 13, 2006, the election shall be held from 7:00 AM until
7:00 PM, that day.
3/1/20062:01 PM
1.02 Each political subdivision participating in the election on May 13, 2006, shall
have and use the same election officials, supplies, ballots, and voting equipment
Optical Scan for mail and Election Day, and DRE equipment for Early Voting by
personal appearance and Election Day).
Al II. TARRANT COUNTY
2.01 The County agrees to coordinate, supervise, and conduct the Joint Election,
pursuant to the provisions of the Texas Election Code unless specifically
provided otherwise in this Agreement.
2.02 The Elections Administrator shall perform the following duties:
a. Designate voting locations and contact the owners or custodians of
public (or if unavailable, private) buildings and arrange for their use.
Such voting locations shall be furnished to the entity as soon as possible.
b. Appoint, notify, and train the presiding judges and alternate judges. The
names and addresses of each judge and alternate judge shall be
furnished to the entity at a later date.
C. Compensate election judges and clerks. Each election judge will receive
8.00 per hour and each clerk will receive $7.50 per hour (for a maximum
of 14 hours). The election judge will receive an additional $25.00 (for
each entity) for picking up the election supplies prior to Election Day and
for delivering election returns and supplies to a designated location after
the polls close.
d. Procure, prepare, and distribute supplies and DRE equipment for Early
Voting by personal appearance.
e. Procure, prepare, and distribute Election Day supplies and equipment,
including ballots and DRE equipment.
f. Procure, prepare, and distribute tables and chairs, as needed, and
transport equipment to and from the polling places.
g. Procure and deliver to polling places all voting equipment.
h. Rent, if necessary, voting locations.
i. Provide lists of registered voters to the election judges.
3/1/20062:01 PM
j. Preparation of programs and test materials for tabulation of the ballots
to be used with electronic voting equipment in accordance with the
provisions of the Texas Election Code and of this Agreement.
k. Publish notice of the date, time, and place of the testing of the electronic
tabulation equipment and conduct such testing.
Supervise the handling and disposition of election returns, tabulate
unofficial returns, and assist in preparing the tabulation for the official
canvass for each entity.
M. Prepare the canvass report after all precincts have been counted and
deliver a copy of the appropriate part of the tabulation report to each
entity.
n. Prepare and publish the Notice of Joint Election, which is the required and
described method of giving notice in accordance to Texas Election Code
Sec 4.003(a)(1).
o. Serve as custodian of election records and store election records as
provided by law for a period of 22 months.
P. Conduct the manual count.
q. Provide maps and other reference guides.
Y
III. EARLY VOTING
3.01 Early Voting By Mail:
a. The County Elections Administrator shall be responsible for Early Voting
ballot requests by mail.
b. The entity or designee shall forward any requests by mail applications to
the Elections Administrator.
C. The County shall be responsible for all preparation of mail ballots including
mailing ballot to voter.
3.02 Early Voting by Personal Appearance
a. Gayle Hamilton shall serve as Early Voting Clerk for the Election and other
clerks shall be appointed as needed.
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b. Early Voting by personal appearance shall be conducted at the locations
listed on Exhibit B. All eligible voters in Tarrant County may vote early at
any early voting location.
C. Early Voting by personal appearance will begin on May 1, 2006, and will
end on May 9, 2006.
d. Voters in the City of Southlake, residing in Denton County are restricted to
Early Voting by personal appearance at the Southlake Town Hall, 1400
Main Street, Southlake, Texas 76092 during days and hours as set in the
schedule for all other locations.
e. Extended hours for early voting shall take place at all early voting
locations on Saturday, May 6 from 7:00 AM to 7:00 PM, Sunday, May 7
from 11:00 AM to 4:00 PM, Monday, May 8, and Tuesday, May 9 from
7:00 AM to 7:00 PM. Additionally, temporary branch Early Voting locations
will be available according to the schedule.
3.03 The Early Voting Ballot Board Judge for Tarrant County shall be Jeanne Lyons.
The Early Voting Ballot Board's duties will include:
1) Serve as Signature Verification Committee
2) Prepare the mail ballots for tabulating
3) Review and qualify the provisional ballots for counting
4) Convene to count provisional ballots and late ballots from out of the
country. (
6th day or earlier after Election Day)
IV. CITY OF SOUTHLAKE
The City shall have the following responsibilities in conducting this joint election on May
13, 2006;
4.01 Prepare any election orders, resolutions, notices, and other pertinent documents
for adoption for execution by the appropriate officer; and take all actions required
by law for calling the election, handling contests, canvassing the returns, and
declaring the results of the election.
4.02 Prepare and furnish to the County information for the required election notice to
be published.
4.03 Deliver to the Elections Administrator the official wording, including Spanish
translation, to be printed on the ballot.
4.04 Approve final ballot wording for content, form, and spelling.
3/1/20062:01 PM
4.05 Prepare and submit to the U.S. Department of Justice, under Section 5 of the
Voting Rights Act of 1965, the required submission on voting changes with
respect to the election.
4.06 Pursuant to Texas Election Code Sec. 67.003, canvass the official results
between the 3d and 11 th day following the election.
V. PAYMENT FOR SERVICES
5.01 In consideration for the services and expenses provided by the County for
conducting this joint election, the County is conducting the joint election for a
cost of $6,150.00 to the City, 75% of the estimated cost of an election in the
City of Southlake.
5.02 Should a recount be required, those costs associated with the recount, if any,
shall be negotiated at the time the need for said recount is determined.
5.03 The official for parties to contact for all purposes shall be listed at the end of
the Agreement. All notices and other deliveries under the Agreement shall be
delivered to said individual so listed.
3/1/20062:01 PM
ACCEPTANCE:
On behalf of Tarrant County Elections Administration, I hereby accept the
terms of the Agreement contained in this Resolution.
Signed this day of , 2006.
Gayle ilton
Interim Elections Administrator
Tarrant County, Texas
On behalf of the City of Southlake, I hereby accept the terms of this
Agreement.
Signed this & day of
J
SI^a. vitr-Fc n
c kY h o'er
CI*Y of Som lal
aM , 2006. •''sourif,
Lori Farwell
City Secretary "- •'•••.••••••''
City of Southlake, Texas
IN WITNESS WHEREOF, the above Resolution and Agreement was dopted at a
me g the Commissioner's Court of Tarrant County on the. /t day of
006.
COUNTY OF TARRANT
Officials for notice:
Gayle Hamilton
County of Tarrant
Interim Elections Administrator
2700 Premier Street
Fort Worth, Texas 76111
817-831-6463
1--/-,
Tom Vandergriff,
County Judge
Tarrant County Commissioners Court
Lori Farwell
City of Southlake
City Secretary
1400 Main Street, Suite #270
Southlake, Texas 76092
817-481-1519
2/13/200611:46 AM 6
TARRANT COUNTY COMMISSIONERS COURT
RESOLUTION CALLING FOR JOINT ELECTION
WITH THE CITY OF SOUTHLAKE
WHEREAS, on Saturday, May 13, 2006, Tarrant County is required to conduct a
Special Bond election; and
WHEREAS, the City of Southlake will hold a General Election; and
WHEREAS, it is desirable that said elections be held jointly by the City of
Southlake and Tarrant County;
NOW, THEREFORE, BE IT HEREBY RESOLVED that we, the Commissioners
Court of Tarrant County, will hold the Election jointly with the City of Southlake, pursuant
to Section 271.002 of the Texas Election Code. .,
MOTION was ma by , and
seconded by , that the Resolution,
above and foregoing, be adopted.
AYES: T
NOES:
The above Resolution was voted on a a regular mee g tat the Commissioners Court
of Tarrant County held on the / day of ' _ , 2006.
TOM VANDERGRIFF, T COUNTY JUDGE
TARRANT COUNTY C MMf§&ONERS COURT
ATTEST-
TARRANT COUNTY COMONERS COURT
2/13/200611:46 AM
EXHIBIT B
AGREEMENT FOR JOINT ELECTION BETWEEN THE
CITY OF SOUTHLAKE AND CARROLL INDEPENDENT SCHOOL DISTRICT
THIS AGREEMENT (the "Agreement") is made and entered into this ?.()i'Gl day of
y'Yw" , 2006, by and between the City of Southlake, acting by and through the
City Manager Shana Yelverton (hereinafter referred to as "City") and Carroll Independent
School District, acting by and through _&dja , (hereinafter referred to
as "School District').
WHEREAS, the School District and the City will conduct general elections to elect
officers; and
WHEREAS, it is desirable for voter convenience and to reduce the overall cost to each
entity that said elections be held jointly on May 13, 2006; and
WHEREAS, the City of Southlake and Carroll ISD will also enter into a joint election
with the Tarrant County Elections Administrator (the "County Agreement") to conduct and
coordinate the joint election; NOW THEREFORE,
1. IN CONSIDERATION of the mutual project referenced herein, the parties hereto agree
to hold the elections jointly on May 13, 2006, from 7:00 a.m. until 7:00 p.m., in accordance with
Section 271.002, Texas Election Code, and that said elections will be conducted pursuant to the
terms of this Agreement, and the County Agreement.
2. Early voting by personal appearance will be conducted jointly for both entities by Tarrant
County Elections Administration.
3. The Tarrant County Elections Administrator has agreed to coordinate, supervise and
handle all, aspects of administering the Joint Election in accordance with the provisions of the
Texas Election Code as outlined in the County Agreement. Each participating authority agrees
to pay Tarrant County administrative costs as outlined in the County Agreement. The Elections
Administrator will serve as administrator for the election.
4. The expenses of the election shall be borne proportionately by the City and Carroll ISD.
5. Should the City or Carroll ISD qualify under Section 2.051 of the Texas Election Code to
cancel their election, notification of cancellation must be made the day following the last day to
file for a place on the ballot including the filing deadline for write-in candidates. Should the City
or School District cancel its election, the remaining City or School District will assume the
duties allocated in the County Agreement.
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CITY OF # 1
Date:i r
Attest:
City Secretary
rn
CARROLL INDEPENDENT SCHOOL DISTRICT
ATTEST:
tart', C SD Board of Trustees
of Trustees
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