Item 4J CITY OF
SOUTHLAK-E Item #4J
MEMORANDUM
June 1, 2017
To: Shana Yelverton, City Manager
From: Lori Payne, City Secretary
Subject: Resolution No. 17-025, Call a Special Election for September 9, 2017
for City Council, Place 6 with a term to expire May 2020
Action
Requested: Approve Resolution No. 17-025 to call a Special Election for
September 9, 2017 for City Council, Place 6 with a term to expire May
2020
Background
Information: The City Secretary's Office is responsible for conducting municipal
elections as prescribed by the Election Code of the State of Texas and
the City of Southlake's City Charter.
Chapter 2 of the City Charter states that the governing and lawmaking
body of the City shall consist of the Mayor and six Council members
who shall be elected for terms of three years. All places, including the
Mayor, will be elected at large. No person shall serve as Mayor or as
a Council member for more than two successive elected terms. A term
of office is defined as an elected period of three years.
Pursuant to the Texas Constitution, Article XI, Section 11, stating "Any
city, whether home rule or general law, that has increased its terms of
office to three years or four years must fill vacancies by a majority vote
at a special election within 120 days after the vacancy or vacancies
occur".
As City Councilmember Gary Fawks announced his resignation from
the City Council effective May 21, 2017, a special election must be
called to fill the position of Place 6, with a term to expire May 2020.
The filing period for this special election will begin on June 9, 2017
and will conclude at 5:00 p.m. on July 10, 2017.
This resolution authorizes the Mayor to enter into agreements with
Denton County and Tarrant County to conduct this special election.
Southlake Town Hall will be an early voting location for Tarrant
County residents. Staff will work with the Denton County Elections
Administrator to determine and appropriate polling location. All
polling locations will be communicated to residents and will be
posted to the City's website. Early voting by personal appearance
will begin on August 23, 2017 and will conclude on September 5,
2017.
On Election Day, the polling location of Southlake Town Hall will be
open from 7:00 a.m. to 7:00 p.m. for Tarrant County residents.
Denton County's polling location will be communicated to residents
once confirmed.
Financial
Considerations: Funds for elections are included in the City Secretary's Office budget.
Strategic Link: Strategic Focus Area: Performance Management & Service Delivery
Citizen Input/
Board Review: N/A
Legal Review: Resolution was provided to legal counsel for review.
Alternatives: Section 3.001 of the Texas Election Code, indicates that each general
and special election shall be ordered as provided by Chapter 3,
Ordering Election.
Supporting
Documents: Resolution No. 17-025
Staff
Recommendation: Approve Resolution No. 17-025, Call a special election for September
9, 2017 for City Council, Place 6 with a term to expire May 2020
RESOLUTION NO. 17-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, CALLING FOR A SPECIAL ELECTION TO BE
HELD ON SEPTEMBER 9, 2017 FOR THE PURPOSE OF ELECTING A
PERSON TO CITY COUNCIL, PLACE 6, WITH A TERM TO EXPIRE
MAY 2020; ESTABLISHING PROCEDURES FOR THAT ELECTION;
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 City of Southlake Charter provides that City Elections shall be
held in accordance with the laws of the State of Texas; and,
WHEREAS, the Texas Constitution, Article XI, Section 11 , stating "Any city,
whether home rule or general law, that has increased its terms of office to three years or
four years must fill vacancies by a majority vote at a special election within 120 days
after the vacancy or vacancies occur"; and,
WHEREAS, City of Southlake City Council positions are elected for a three-year
term; and,
WHEREAS, Section 3.001 of the Texas Election Code provides that each
general and special election shall be ordered as provided by Chapter 3, Ordering
Election; and,
WHEREAS, the City will enter into agreements for election services with Tarrant
County and Denton County pursuant to Texas Election Code, Sections 31.092 and
271 .002; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, THAT:
Section 1. Special Election Called. An election is hereby called to elect the office of
City Council, Place 6, to serve through the end of the unexpired term of May 2020 or
until a successor is duly elected and qualified. The election shall be held on September
9, 2017 between the hours of 7:00 a.m. and 7:00 p.m.
Tarrant County Precincts Voting Location
3039, 3359, 3470, 3526, 3529, 3538, Southlake Town Hall
3542, 3545, 3558, 3579 and 3626 as 1400 Main Street
specified by Tarrant County Southlake, Texas
Denton County Precinct Voting Location
4030 as specified by Denton County To be determined
Section 2. Election Agreements Approved. The Mayor is authorized to enter into
election agreements for election services with Tarrant County and Denton County,
conducted under the authority of Chapter 271 of the Election Code (the "Agreements").
In the event of a conflict between this resolution and the Agreements, the Agreements
shall control.
Section 3. Application for Place on Ballot. Special Election: Qualified persons may
file as candidates by filing applications in the office of the City Secretary from June 9,
2017 until 5:00 p.m. on July 10, 2017.
Section 4. Early Voting.
a. Early voting by personal appearance. Early voting by personal
appearance will begin on August 23, 2017 and continue through September 5, 2017 at
the locations established by Tarrant County and Denton County on the dates and times
as follows or as may be amended by either county:
Tarrant County
August 23 — September 5, 2017 (exact times to be determined)
Denton County
August 23 — September 5, 2017 (exact times to be determined)
The main early voting locations shall be located at:
• Tarrant County Elections Center, 2700 Premier Street, Fort Worth, Texas 76111;
and,
• Denton County Elections Center, 701 Kimberly Drive, Denton, Texas 76208.
Early Voting for Southlake Tarrant County residents will also be conducted at Southlake
Town Hall, 1400 Main Street, in Southlake. Early Voting for Southlake Denton County
residents will be conducted at a location specified by the Denton County Elections
Administrator.
b. Early voting by mail. For Tarrant County: Stephen Vickers, the Tarrant
County Elections Administrator, is hereby designated as Early Voting Clerk for the
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 , through August 29, 2017 if delivered by mail. Early voting by mail
ballots shall be mailed to the Elections Administrator at the same address or email at
votebymail(a)tarrantcounty.com.
For Denton County: Frank Phillips, the Denton County Elections Administrator, is
hereby designated as Early Voting Clerk for the special election. Applications for early
voting by mail may be delivered to the Elections Administrator at the following address:
Early Voting Clerk, 701 Kimberly Drive, Denton, Texas 76208, through August 29, 2017,
if delivered by mail. Early voting by mail ballots shall be mailed to the Elections
Administrator at the same address or email at elections(aD-dentoncounty.com.
C. Early voting canvassing 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,
as set forth in the Agreements, 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 5. Runoff Election: In accordance with Section 2.025 of the Texas Election
Code, in the event no candidate receives a majority of votes for an office, there shall be
a runoff election held on October 14, 2017. The polling place on Election Day for the
runoff election shall be at the same polling places as those of the original election, and
the hours of voting shall be between 7:00 a.m. and 7:00 p.m. Early voting by personal
appearance shall be held at the same locations set out in Section 4, beginning on
September 27, 2017 and continue through October 10, 2017 at the locations
established by Tarrant County and Denton County on the dates and times as follows or
as may be amended by either County:
Tarrant County
September 27, 2017 - October 10, 2017 (exact times to be determined)
Denton County
September 27, 2017 - October 10, 2017 (exact times to be determined)
Section 6. Method of Voting. Early voting by personal appearance shall be
conducted exclusively on Tarrant County's and Denton County's eSlate electronic
voting system. On Election Day, Tarrant County 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 eScan voting system. On Election Day, Denton
County voters shall vote on the eSlate electronic voting system. All expenditures
necessary to conduct the election, the purchase of materials, and the employment of all
election officials are hereby authorized, and shall be conducted in accordance with the
Agreements and the Election Code.
Section 7. Governing Law and Qualified Voters. The election shall be held in
accordance with the Constitution of the State of Texas and the Election Code, and all
resident qualified voters of the City shall be eligible to vote at the election.
Section 8. Publication and Posting of Notice of Election. Notice of the election
shall be given as required by Chapter 4 of the Code.
Section 9. 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 10. Effective Date. This resolution shall be effective upon its adoption.
PASSED AND APPROVED the 6t" day of June, 2017.
CITY OF SOUTHLAKE, TEXAS
Mayor
Laura Hill
ATTEST:
Lori Payne, TRMC
City Secretary