Loading...
Item 4C M E M O R A N D U M January 8, 2019 To: Shana Yelverton, City Manager From: Amy Shelley, Deputy City Secretary Subject: Resolution No. 19-001, Calling a General Election for May 4, 2019, to elect the positions of Council Place 3, Place 4, and Place 5 Action Requested: Approve Resolution No. 19-001, Calling a General Election for May 4, 2019, to elect the positions of Council Place 3, Place 4, and Place 5. 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 Section 3.004 of the Texas Election Code, the governing body of a political subdivision shall order the General Election. An election may only be held on a uniform election date – the first Saturday in May or the first Tuesday after the first Monday in November. The City Charter states that a regular City Election shall be held annually in May. The 2019 General Election will determine the positions of City Council Place 3, Place 4, and Place 5. These positions are elected for a three- year term and will expire in May 2022 or until their successors are duly elected and qualified. The filing period for the General Election will begin on January 16, 2019 and concludes on February 15, 2019. This resolution authorizes the Mayor to enter into agreements with Denton and Tarrant Counties to conduct a joint election with other entities (municipalities and school districts also conducting their elections on May 4, 2019). Each entity included in the joint election benefits from the Counties providing election services. In addition to reduced costs, Southlake residents have the convenience of voting at any early voting location located within their county. A Item #4C complete list of early voting locations and hours will be on the City’s website once received from each County. Town Hall will continue to be an early voting location for Tarrant County residents. Early voting by personal appearance begins April 22, 2019 and concludes on April 30, 2019. The hours of the polling locations will be placed on the City’s website as soon as they become available from the counties. Generally, polling locations are open from 8:00 a.m. to 5:00 p.m., Monday through Friday; 7:00 a.m. to 7:00 p.m. on Saturday; 11:00 a.m. to 4:00 p.m. on Sunday; and 7:00 a.m. to 7:00 p.m. on the last two days of early voting. Please note that early voting dates of April 26, 27, and 28 coincide with the dates of Art in the Square. Staff members are working with representatives of Art in the Square to ensure proper access to Town Hall for voters during the event. On Election Day, the polling location will be open from 7:00 a.m. to 7:00 p.m. Tarrant County residents will vote at Carroll Senior High School, located at 1501 West Southlake Boulevard. The Early Voting and Election Day polling locations for Denton County have not been communicated to us at this time but will be advertised once received. Financial Considerations: Funds for elections are included in the City Secretary’s Office budget Strategic Link: Partnerships & Volunteerism and Collaboration 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. 19-001 Staff Recommendation: Approve Resolution No. 19-001, Calling a General Election for May 4, 2019 to elect the positions of Council Place 3, Place 4, and Place 5. RESOLUTION NO. 19-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 4, 2019; 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, Section 41.001(a) of the Texas Election code, as amended by the 84th Texas Legislature, establishes the first Saturday in May as a Uniform Election date for the purposes of conducting a General Election; and, WHEREAS, Section 3.004 of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a General Election for the purposes of electing members to the governing body; and, WHEREAS, the City will enter into joint election agreements and contracts 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. General Election Called. An election is hereby called to elect the offices of City Council Place 3, Place 4, and Place 5 to serve from May 2019 until May 2022 or until their successors are duly elected and qualified. The election shall be held on May 4, 2019 between the hours of 7:00 a.m. and 7:00 p.m. Tarrant County Precincts Voting Location 3039, 3359, 3470, 3526, 3529, 3538, Carroll Senior High School 3542, 3545, 3558, 3579 and 3626 as 1501 West Southlake Blvd specified by Tarrant County Southlake, Texas Denton County Precinct Voting Location 4030 To be determined Section 2. Joint Election Agreements Approved. The Mayor is authorized to enter into joint election agreements and contracts 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. General Election: Qualified persons may file as candidates by filing applications in the office of the City Secretary from January 16, 2019 until 5:00 p.m. on February 15, 2019. Section 4. Early Voting. a. Early voting by personal appearance. Early voting by personal appearance shall commence April 22, 2019 and continue through April 30, 2019 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 April 22, 2019 – April 26, 2019 8:00 a.m. – 5:00 p.m. April 27, 2019 7:00 a.m. – 7:00 p.m. April 28, 2019 11:00 a.m. – 4:00 p.m. April 29, 2019 – April 30, 2019 7:00 a.m. – 7:00 p.m. Denton County April 22, 2019 – April 26, 2019 8:00 a.m. – 5:00 p.m. April 27, 2019 7:00 a.m. – 7:00 p.m. April 29, 2019 – April 30, 2019 7:00 a.m. – 7:00 p.m. 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 locations as specified by Denton County. Additional Early Voting locations will be identified in the Agreements executed with the Tarrant County Elections Administrator and Denton County Elections Administrator. b. Early voting by mail. For Tarrant County: Tarrant County Elections Administrator Stephen Vickers (Elections Administrator) is hereby designated as Early Voting Clerk for the general 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 April 23, 2019, if delivered by mail. Early voting by mail ballots shall be mailed to the Elections Administrator at the same address or emailed to votebymail@tarrantcounty.com. For Denton County: Denton County Elections Administrator Frank Phillips (Elections Administrator) is hereby designated as Early Voting Clerk for the general 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 April 23, 2019, if delivered by mail. Early voting by mail ballots shall be mailed to the Elections Administrator at the same address or emailed to elections@dentoncounty.com. Under Senate Bill 5, it is now required for an applicant submitting an application for ballot by mail via fax or e-mail to also submit an application for ballot by mail via mail. In order for a faxed or email application for ballot by mail to be effective, the accompanying mailed application for ballot by mail must be received within 4 days of the submission of the application by fax or email. 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 June 8, 2019. 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 May 27, 2019 and continue through June 4, 2019 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 May 27, 2019 Closed May 28, 2019 – May 31, 2019 8:00 a.m. – 5:00 p.m. June 1, 2019 7:00 a.m. – 7:00 p.m. June 2, 2019 11:00 a.m. – 4:00 p.m. June 3 – 4, 2019 7:00 a.m. – 7:00 p.m. Denton County May 28, 2019 – May 31, 2019 8:00 a.m. – 5:00 p.m. June 1, 2019 7:00 a.m. – 7:00 p.m. June 3 – 4, 2019 7:00 a.m. – 7:00 p.m. 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 15th day of January, 2019. CITY OF SOUTHLAKE, TEXAS ________________________ Mayor Laura Hill ATTEST: __________________________ Amy Shelley, TRMC Deputy City Secretary