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Item 4B MemoCITY OF SOUTHLAKE MEMORANDUM August 11, 2020 To: Shana Yelverton, City Manager From: Amy Shelley, City Secretary Item 4B Subject: Resolution No. 20-032, amending Resolution No. 20-025, for the November 3, 2020 General Election per Governor Abbott's extension of the early voting dates. Action Requested: Approve Resolution No. 20-032, amending Resolution No. 20-025, for the November 3, 2020 General Election per Governor Abbott's extension of the early voting dates. 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. On February 11, 2020, City Council approved Resolution No. 20-005, ordering the May 2, 2020 General Election for the purposes of electing City Council for Place 1 and Place 6. In response to public health and safety concerns related to the novel coronavirus ("COVID-19") infectious disease outbreak, the Governor of the State of Texas issued a proclamation on March 18, 2020 authorizing political subdivisions, such as the City, that would otherwise hold elections on May 2, 2020, to move their general and special elections for 2020 to the next uniform election date, occurring on November 3, 2020. On March 23, 2020, Council passed Resolution No. 20-016, to postpone the election to November 3, 2020, or a date that may be specified as an alternative in a future order issued by the Governor. On June 16, 2020, Council passed Resolution No. 20-025, ordering the General Election for the purposes of electing City Council for Place 1 and Place 6 to be held on November 3, 2020. The purpose of Resolution No. 20-032 is to provide the updated early voting dates per Governor Abbott's extension of such dates. The remainder of the original Resolution No. 20-005 and revising Resolution No. 20-025 will remain in effect. Financial Considerations: Funds for elections are included in the City Secretary's Office budget Resolution No. 20-032 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. 20-005 Resolution No. 20-025 Resolution No. 20-032 Staff Recommendation: Approve Resolution No. 20-032, amending Resolution No. 20-025, for the November 3, 2020 General Election per Governor Abbott's extension of the early voting dates. Staff Contact: Amy Shelley, City Secretary Resolution No. 20-032 RESOLUTION NO. 20-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TARRANT AND DENTON COUNTIES, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON MAY 2, 2020, FOR THE PURPOSE OF ELECTING THE CITY COUNCIL FOR PLACE 1 AND PLACE 6; DESIGNATING LOCATION OF POLLING PLACE; ORDERING NOTICE OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION; AUTHORIZING EXECUTION OF JOINT ELECTION AGREEMENTS AND CONTRACTS; AND PROVIDING FOR 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 and Denton Counties pursuant to Texas Election Code Sections 31.092 and 271.002. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TARRANT AND DENTON COUNTIES, TEXAS, THAT: SECTION 1. A General Election is hereby ordered for May 2, 2020 to be held jointly with the Carroll Independent School District for the purpose of electing the Southlake City Council Place 1 and Place 6, each such term being for a period of three (3) years. The filing period for the General Election began on January 15, 2020, and will end on February 14, 2020, at 5:00 p.m., in accordance with State Law. SECTION 2. Pursuant to the Joint Election Agreement and Contract (the "Contracts"), the Elections Administrator of Tarrant and Denton Counties shall serve as Elections Administrator for the election. Presiding Election Judges and Alternate Presiding Election Judges appointed to serve the authorized polling places and the early voting clerk and deputy early voting clerks shall be those election officials furnished by the Elections Administrator from the list of proposed election judges as required in the Contracts. The Mayor is hereby authorized to execute Contracts with the Tarrant County and Denton County Elections Administrators for the General Election on May 2, 2020. The Mayor shall have further authority to approve any minor modifications as may be necessary in the best interest of the City. In the event of a conflict between this resolution and the Contracts, the Contracts shall control. A voting system or systems meeting the standards and requirements of the Texas Election Code, as amended, is hereby adopted and approved for early voting by personal appearance and by mail and for election day voting. SECTION 3. Notice of the General Election shall be posted on the bulletin board used to post notice of the City Council meetings, the City's website and be published in a newspaper of general circulation in the City. That said notice must be published at least once, not earlier than the 30th day nor later than the 10th day, before Election Day as provided in Section 4.003(a) (1) of the Texas Election Code. A copy of the published notice that contains the name of the newspaper and the date of publication shall be retained as a record of such notice, and the person posting the notice shall make a record of the time of posting, starting date, and the place of posting. SECTION 4. On Election Day, May 2, 2020, the polls shall be open between the hours of 7:00 a.m. and 7:00 p.m. Tarrant County Precincts 3039, 3359, 3470, 3526, 3529, 3538, 3542, 3545, 3558, 3579 and 3626 as specified by Tarrant county Denton County Precinct 4030 Voting Location Carroll High School 800 N. White Chapel Blvd. Southlake, Texas, 76092 Voting Location Town of Trophy Club 1 Trophy Club Drive Trophy Club, TX 76262 SECTION 5. Early voting by personal appearance shall commence on April 20, 2020 and continue through April 28, 2020, at the locations established by Tarrant and Denton Counties on the dates and times as follows, or as may be amended be either county, per the Contract. Tarrant and Denton Coun April 20 — 24 Monday — Friday 8:00 a.m. — 5:00 p.m. April 25 Saturday 7:00 a.m. — 7:00 p.m. April 26 Sunday 11:00 a.m. — 4:00 p.m. April 27 — April 28 Monday — Tuesday 7:OO a.m. — 7:OO p.m. The following early voting location will ONLY be open the dates and times listed: Denton Civic Center 321 E. McKinney, Denton April 20-23 Monday -Thursday 8:00 a.m. - 5:00 p.m. April 24 Friday 8:00 a.m. —4:00 p.m. April 27-28 Monday -Tuesday 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, Suite A101, Denton, Texas, 76208. Early Voting for Southlake Tarrant County residents will also be conducted at Southlake Town Hall, 1400 Main Street, Southlake, Texas, 76092. Early Voting for Resolution No. 20-005 Southlake Denton County residents will be conducted at locations as specified by Denton County. Additional Early Voting locations will be identified in the Contracts executed with the Tarrant and Denton Counties Elections Administrators. SECTION 6. Applications for ballot by mail shall be received and processed by the Tarrant and Denton County Elections Administrators, as follows: Early Voting Clerk: Heider Garcia, Tarrant County Elections Center, 2700 Premier Street, Fort Worth, Texas, 76111; fax: 817-884-1755; or emailed to votebvmail()tarrantcounty.com; and Early Voting Clerk: Frank Phillips, Denton County Elections, P.O. Box 1720, Denton, Texas, 76202; or Denton County Elections Office, 701 Kimberly Drive, Suite A101, Denton, Texas, 76208; or fax: 940-349-3201; or emailed to elections(cDdentoncountv.com. Under Senate Bill 5, it is now required for an applicant submitting an application for ballot by mail via fax or email 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. Applications for ballots by mail must be received no later than the close of business on April 20, 2020. SECTION 7. For purposes of processing ballots cast in early voting, the election officers for the early voting ballot board for this election shall be appointed and designated in accordance with the provisions of the Contracts. SECTION 8. The City Secretary shall present the General Election returns to the City Council at a Council meeting for the canvassing of said election in accordance with the Texas Election Code. The candidate for City Council Place 1 and Place 6 that receives a majority of valid votes by qualified voters at the election shall be declared elected. In the event no candidate receives a majority of all the votes cast for all the candidates for an office, a runoff election shall be conducted on the date set forth in the Contracts or other date ordered by the City Council in accordance with the Southlake City Charter and State law. SECTION 9. 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 in the election. The Mayor and the City Secretary, 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. This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TARRANT AND DENTON COUNTIES, TEXAS, ON THIS THE 11T" DAY OF FEBRUARY 2020. Resolution No. 20-006 APPROVED: Ma Laura Hill ATTEST: ``0W u u r.® :p v Amy a ley, TRM i, City 5etretary %O'•. *� Resolution No. 20-006 RESOLUTION NO. 20-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TARRANT AND DENTON COUNTIES, TEXAS, REVISING RESOLUTION NO. 20-005, THE ORDER OF THE MAY 2020 GENERAL ELECTION TO BE HELD ON NOVEMBER 3, 2020 FOR THE PURPOSE OF ELECTING THE CITY COUNCIL FOR PLACE 1 AND PLACE 6; AND PROVIDING FOR 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, pursuant to a resolution passed by the City Council of the City of Southlake on February 11, 2020, a general election was ordered to be held in the City on May 2, 2020; and, WHEREAS, in response to public health and safety concerns related to the novel coronavirus ("COVID-19") infectious disease outbreak, the Governor of the State of Texas issued a proclamation on March 18, 2020 authorizing political subdivisions, such as the City, that would otherwise hold elections on May 2, 2020, to move their general and special elections for 2020 to the next uniform election date, occurring on November 3, 2020; and WHEREAS, pursuant to Resolution No. 20-016, passed by the Council on March 23, 2020, the Election was postponed to November 3, 2020 or a date that may be specified as an alternative in a future order issued by the Governor; and WHEREAS, the City will enter into Joint Election Agreements and Contracts for election services with Tarrant and Denton Counties pursuant to Texas Election Code Sections 31.092 and 271.002. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TARRANT AND DENTON COUNTIES, TEXAS, THAT: SECTION 1. The General Election ordered by Resolution No. 20-005 and postponed by Resolution No. 20-016 shall be held on November 3, 2020 for the purpose of electing the Southlake City Council Place 1 and Place 6, each such term being for a period of three (3) years. The General Election shall be held jointly with the Carroll Independent School District. SECTION 2. On Election Day, November 3, 2020, the polls shall be open between the hours of 7:00 a.m. and 7:00 p.m., at the locations established by Tarrant and Denton Counties on the dates and times as follows, or as may be amended be either county, per the Contract. Tarrant County Precincts 3039, 3359, 3470, 3526, 3529, 3538, 3542, 3545, 3558, 3579 and 3626 as specified by Tarrant county Denton County Precinct 4030 Votinq Location Carroll High School 800 N. White Chapel Blvd. Southlake, Texas, 76092 Voting Location Town of Trophy Club 1 Trophy Club Drive Trophy Club, TX 76262 SECTION 3. Early voting by personal appearance shall commence on October 19, 2020, and continue through October 30, 2020, at the locations established by Tarrant and Denton Counties on the dates and times as follows, or as may be amended be either county, per the Contract. Tarrant and Denton Coun Oct. 19 - 23 Monday — Friday 8:00 a.m. — 5:00 p.m. Oct. 24 Saturday 7:00 a.m. — 7:00 p.m. Oct. 25 Sunday 11.00 a.m. — 4:00 p.m. Oct. 26-30 Monday — Friday 7:00 a.m. — 7:00 p.m. The following early voting location will ONLY be open the dates and times listed: Denton Civic Center 321 E. McKinney, Denton Oct. 19 - 23 Monday — Friday 8:00 a.m. — 5:00 p.m. Oct. 24 Saturday 7:00 a.m. — 7:00 p.m. Oct. 26-30 Monday — Friday 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, Suite A101, Denton, Texas, 76208. Early Voting for Southlake Tarrant County residents will also be conducted at Southlake Town Hall, 1400 Main Street, Southlake, Texas, 76092. 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 Contracts executed with the Tarrant and Denton Counties Elections Administrators. Resolution No. 20-025 SECTION 4. Applications for ballot by mail shall be received and processed by the Tarrant and Denton County Elections Administrators no later than the close of business on October 23, 2020. SECTION 5. 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 in the election. The Mayor and the City Secretary, 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 6. Resolutions No. 20-005 and wherein amended by this immediately upon its passage. No. 20-016 shall remain in full force except resolution. This resolution shall take effect DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TARRANT AND DENTON COUNTIES, TEXAS, ON THIS THE 16T" I DAY OF JUNE 2020. ATTEST: 0 1A. Amy h Iley, ......•''• CitySecretary APPROVED: 4� Jul Mayor Laura Hill Resolution No. 20-025 RESOLUTION NO. 20-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TARRANT AND DENTON COUNTIES, TEXAS, REVISING RESOLUTION NO. 20-025, THE ORDER OF THE MAY 2020 GENERAL ELECTION TO BE HELD ON NOVEMBER 3, 2020 FOR THE PURPOSE OF ELECTING THE CITY COUNCIL FOR PLACE 1 AND PLACE 6, SPECIFICALLY THE EARLY VOTING DATES AND TIMES; AND PROVIDING FOR 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, pursuant to a resolution passed by the City Council of the City of Southlake on February 11, 2020, a general election was ordered to be held in the City on May 2, 2020; and, WHEREAS, in response to public health and safety concerns related to the novel coronavirus ("COVID-19") infectious disease outbreak, the Governor of the State of Texas issued a proclamation on March 18, 2020 authorizing political subdivisions, such as the City, that would otherwise hold elections on May 2, 2020, to move their general and special elections for 2020 to the next uniform election date, occurring on November 3, 2020; and WHEREAS, pursuant to a resolution passed by the Council on March 23, 2020, the general election was postponed to November 3, 2020, or a date that may be specified as an alternative in a future order issued by the Governor; and WHEREAS, pursuant to a resolution passed by the Council on June 16, 2020, the Order of the General Election was revised to include the election date as November 3, 2020; and WHEREAS, the City will enter into Joint Election Agreements and Contracts for election services with Tarrant and Denton Counties pursuant to Texas Election Code Sections 31.092 and 271.002. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TARRANT AND DENTON COUNTIES, TEXAS, THAT: SECTION 1. A General Election is hereby ordered for November 3, 2020 to be held jointly with the Carroll Independent School District for the purpose of electing the Southlake City Council Place 1 and Place 6, each such term being for a period of three (3) years. SECTION 2. On Election Day, November 3, 2020, the polls shall be open between the hours of 7:00 a.m. and 7:00 p.m., at the locations established by Tarrant and Denton Counties on the dates and times as follows, or as may be amended be either county, per the Contract. Tarrant County Precincts Any voting center within Tarrant County Denton County Precinct 4030 Voting Location Carroll High School 800 N. White Chapel Blvd. Southlake, Texas, 76092 Votinq Location Trophy Club MUD No. 1 Building 100 Municipal Drive Trophy Club, TX 76262 SECTION 3. Early voting by personal appearance shall commence on October 13, 2020, and continue through October 30, 2020, at the locations established by Tarrant and Denton Counties on the dates and times as follows, or as may be amended be either county, per the Contract. Tarrant County Oct. 13 — 17 Oct. 19 - 23 Oct. 24 Oct. 25 Oct. 26-30 Denton County Oct. 13 — 17 Oct. 18 Oct. 19 - 23 Oct. 24 Oct. 25 Oct. 26-30 Tuesday — Saturday Monday — Friday Saturday Sunday Monday — Friday Tuesday — Saturday Sunday Monday — Friday Saturday Sunday Monday — Friday 8:00 a.m. — 5:00 p.m. 8:00 a.m. — 5:00 p.m. 7:00 a.m. — 7:00 p.m. 11:00 a.m. — 4:00 p.m. 7:00 a.m. — 7:00 p.m. 7:00 a.m. — 7:00 p.m. 11:00 a.m. — 4:00 p.m. 7:00 a.m. — 7:00 p.m. 7:00 a.m. — 7:00 p.m. 11:00 a.m. — 4:00 p.m. 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, Suite A101, Denton, Texas, 76208. Early Voting for Southlake Tarrant County residents will also be conducted at Southlake Town Hall, 1400 Main Street, Southlake, Texas, 76092. 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 Contracts executed with the Tarrant and Denton Counties Elections Administrators. Resolution No. 20-032 SECTION 4. Applications for ballot by mail shall be received and processed by the Tarrant and Denton County Elections Administrators no later than the close of business on October 16, 2020. SECTION 5. 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 in the election. The Mayor and the City Secretary, 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 6. Resolution No. 20-005 and Resolution No. 20-025 shall remain in full force except wherein amended by this resolution. This resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TARRANT AND DENTON COUNTIES, TEXAS, ON THIS THE DAY OF AUGUST 2020. ATTEST: Amy Shelley, TRMC City Secretary Mayor Laura Hill Resolution No. 20-032