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2009-002i OFFICIAL RECORD RESOLUTION NO. 09-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 9, 2009; CALLING FOR A SPECIAL ELECTION TO BE HELD ON MAY 9, 2009; AND ESTABLISHING PROCEDURES FOR THOSE ELECTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas ("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 general election for City Council members of the City of Southlake is required to be held on May 9, 2009, at which time the voters will elect persons to'fill the offices of, Mayor and City Council Place 2; and, WHEREAS, a special election to fill a vacancy for a City Council member of the City of Southlake is required to be held on May 9, 2009, at which time the voters will elect a person to fill the office of City Council Place 3; and, WHEREAS, the City will enter into an Agreement for Election Services with Tarrant County; 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. An election is hereby called to elect the offices of Mayor and "City Council Place 2 to serve from May 2009 until May 2012 or until their successors are duly elected and qualified. The election shall be held on May 9, 2009 between the hours of 7:00 a.m. and 7:00 p.m. at Carroll High School, 800 North White Chapel Boulevard, Southlake, Texas and locations set forth in the Agreement. Page 1 Section 2. Special Election Called. An election is hereby called to elect the office of City Council Place 3 to serve from May 2009 until May 2010 or until the successor is duly elected and qualified. The election shall be held on May 9, 2009 between the hours of 7:00 a.m. and 7:00 p.m. at Carroll High School, 800 North White Chapel Boulevard, Southlake, Texas and locations set forth in the Agreement. Section 3. Joint Election Agreement Approved. Prior to the election, the City anticipates that it will enter into a joint election agreement and contract for election services with Tarrant County, conducted under the authority of Chapter 271 of the Election Code (the "Agreement"). Section 4. Application for*Place on Ballot. General Election: 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:, on all regular business days from February 7, 2009 through March ° 9, 2009. Special Election: Qualified persons may file as candidates Uy filing applications in the office of the City Secretary from 8:00 a.m. to 5:00 p.m., on all regular business days from February 4, 2009 through March 3, 2009. Section 5. Early Votina: a. Early voting by personal appearance. Early voting by personal appearance shall commence April 27, 2009 and shall continue until May '5, 2009 at the locations `and times designated in Exhibit "A". In the event of a conflict between the location and time for early` voting between Exhibit "A" and the Agreement, the Agreement shall control. Early Voting shall be conducted at Southlake Town Hall, 1400 Main Street, Southlake, Texas and locations set forth in the Agreement. b. Early voting by mail. Steve Raborn, the Tarrant County Election Administrator (Elections Administrator) is hereby designated as Early Voting Clerk for Page 2 the general and special election. Applications for early voting by mail may be delivered to the Elections Administrator at the following address: Early Voting Clerk, 2700 Premier Street, Fort Worth, Texas 76111, not earlier than March 10, 2009 and not later than close of business on April 24, 2009, if delivered in person, and May 1, 2009 if delivered by mail. Early voting by ballots shall be mailed to the Elections Administrator at the same address. C. Early voting by Ballot Board. Early voting, both by personal appearance and by mail shall be canvassed by the Early Voting Ballot Board which is hereby created. The Presiding Election Judge and Alternate Presiding Election Judge, appointed herein, shall serve -as the presiding officer and alternate presiding officer, respectively, 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. Section 6. Method of Votina. Early voting by personal appearance shall 'be conducted exclusively on Tarrant County's eSlate electronic voting system. On election day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper ballot that is scanned at the polling place using Tarrant County's eScah voting system. 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 Agreement and the Code. 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 'S. Publication and Postina of Notice of Election. Notice of the election shall be given as required by Chapter 4 of the Code. Page 3 Section 9. Submissions to the United States Justice Department. The City Secretary of the City of Southlake or her designee 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. 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 3rd day of February, 2009. CITY OF SOUTHLAKE, TEXAS' Mayor Andy Wambsganss ATTEST: 4t P41 City Secretary Lori Payne, Page 4 STEVE RABORN, CERA EleCtIOnS Administrator Lori Payne Southlake Town Hall 1400 Main Street Southlake TX 76092 817-748-8270 EARLY VOTING Fax 8178316118 TELEFAX January 21, 2009 Jan 23 2009 05:22pm P001/003 GAYLE HAMILTON, CERA Assistant demons Acmini"or We request the use of your facility, Southlake Town Hall, for early voting by personal appearance for the following, elections: SATURDAY, MAY 99 2009 UNIFORM ELECTION DAY EARLY VOTING SCHEDULE April 27 — 30 Monday - Thursday 8:00 a.m. - 5:00 p.m. May I Friday 8;00 a -m. - 5:00 p.m. May 2 Saturday 7:00 a.m. - 7:00 p.m. May 3 Sunday 11:00 a.m. - 4:00 p.m. May 4-5 Monday — Tuesday 7:00 a.m. - 7:00 p.m.