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1994-004RESOLUTION NO. 94-04 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 79 1994; ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY; APPOINTING AN ELECTION JUDGE AND AN ALTERNATE JUDGE; AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE -CLEARANCE APPROVAL; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; ESTABLISHING A DATE FOR RUNOFF ELECTION IF NECESSARY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code (the "Code") specifies that the first Saturday in May shall be a "Uniform Election Date'; and WHEREAS, the Charter of the City of Southlake ("City") provides that a General Election of the City may be held on such day; and WHEREAS, by this Resolution, it is the intention of the City Council to officially establish the election precincts within the City, to designate a polling place for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. Election Day. A general election shall be held in the City of Southlake, Texas, on Saturday, May 7, 1994, at which the following officers will be elected: MAYOR COUNCILMEMBER PLACE 2 Section 2. Term of Office. In accordance with the City's Charter, the candidates for the office of Mayor and Councilmember Place 2 receiving the majority of votes for such office shall be elected for 3 year terms, beginning May 7, 1994, until a successor is duly elected and qualified. Section 3. Eligibility for Candidacy. In accordance with the City's Charter, no person shall be eligible for the office of Mayor or Councilmember unless he or she is a qualified elector of the City, has resided in the City for at least twelve (12) months next preceding the f:\files\muni\slake\res\election.004 (01-21-94) C7 - election at which he or she is to be elected, and meets the other requirements set forth in Sec. 2.04 of the City Charter. Section 4. AnDlication for a Place on the Ballot. In accordance with Section 143.007 of the Code, any eligible and qualified person may have his name printed upon the official ballot as a candidate for the offices herein set forth by filing his sworn application with the City Secretary not earlier than February 21, 1994, and not later than 5:00 p.m., March 23, 1994. Each such application shall be on a form as prescribed by Section 141.031 of the Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Secretary as provided by Section 52.094 of the Code, and Sec. 7.20 of the City Charter. Notice of the time and place for such drawing shall be given in accordance with the Code. Section 5. Runoff Election. In accordance with the Code and the City Charter, in the event that no candidate or measure receives a majority of the votes for an office/measure, there shall be a runoff election held on June 4, 1994. If a runoff election is necessary, it shall be ordered by the Mayor not later than five (5) days after the canvassing of the returns of the general election. Section 6. Election Precincts. In accordance with Section 42.061 of the Code, the City Council of the City hereby establishes its election precinct for all municipal elections from and after the effective date of this Resolution, such precincts to be coterminous with the boundaries of the below listed election precincts established by the Denton County and Tarrant County Commissioner's Courts, to the extent such election precincts are within the corporate boundaries of the City: Denton County Election Precinct No. 318 Tarrant County Election Precinct No. 3470 Tarrant County Election Precinct No. 3039 Tarrant County Election Precinct No. 3040 Tarrant County Election Precinct No. 3286 Tarrant County Election Precinct No. 3359 Section 7. Polling Place. The polling place for the General Election precinct of the City for all Municipal Elections from and after the effective date of this Resolution shall be Southlake City Hall, 667 North Carroll Avenue, Southlake. The polls shall be open from 7:00 a.m. to 7:00 p.m., in accordance with and pursuant to the requirements of the Code. Section 8. Annointment of Election Judge and Alternate Election Judge. The following named individuals, residing at the respective addresses, are hereby appointed to serve as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the election: f:\files\muni\slake\res\election.004 (01-21-94) 2 Presiding Judge: Name: Aloha Payne Address: 1213 Whispering Lane, Southlake, Texas Alternate Judge: Name: Sue Eubanks Address: 2711 Rolling Lane, Southlake, Texas The Election Judge and Alternate Judge shall be qualified voters of the City. The City Secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judge and the Alternate Judge notice of their appointments not later than twenty (20) days from the effective date of this Resolution. Section 9. ADDointment of Clerks. The Presiding Judge for the polling place shall appoint Election Clerks and as many additional Clerks as are necessary for the proper conduct of the election. Provided, however, five (5) clerks shall be the maximum number of Clerks which may be appointed to serve at the polling place. All Election Clerks shall be qualified voters of the City. Section 10. Compensation of the Election Judge and Election Clerks. The Presiding Election Judge, Alternate Presiding Judge and each Election Clerk shall be compensated at the rate of $6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judge shall also be paid the additional sum of $25.00 for delivering the returns of the election. Section 11. Method of Voting. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the General Election, in accordance with this resolution. Voting at the election shall be by electronic voting machines and shall be conducted in accordance with the Code. Section 12. Governina Law and Oualified 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 13. Publication and Posting of Notice of Election. Notice of the election shall be published no earlier than April 7, 1994, and no later than April 26, 1994, in the newspaper in accordance with the provisions of the Code. Additionally, notice shall be posted no later than April 16, 1994, in the regular place for posting notice of meetings of the City f:\files\muni\slake\res\etection.004 (01-21-94) 3 Council of the City, and shall remain posted continuously through election day, May 7, 1994. Section 14. Earlv Voting. The City Secretary is the early voting clerk. Early voting by personal appearance shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. on each day which is not a Saturday, Sunday, or an official State Holiday, beginning on April 18, 1994, and continuing through May 3, 1994. Additional voting hours may be determined at a later date. Early Voting by personal appearance shall be at the office of the City Secretary, 667 North Carroll Avenue, Southlake, Texas. Applications for early voting by mail shall be delivered to the City Secretary at the same address not earlier than March 8, 1994, and not later than the close of business on April 29, 1994. Early Voting, both by personal appearance and by mail, shall be by paper ballots and shall be canvassed by the Absentee Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge appointed herein shall serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting Board. The other election officers serving at the election shall serve as the other members of the Early Voting Ballot Board for the election. Section 15. 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 approval if required by changes in voting practices. Section 16. Delivery of Returns. In accordance with the Code, immediately after the closing of the polls on the day of the election, the election officers named in this resolution shall make and deliver the returns of the election in triplicate as follows: one copy shall be retained by the Presiding Judge; one copy shall be delivered to the Mayor of the City, and one copy of the returns, together with the ballot boxes and all election supplies, shall be delivered to the City Secretary. All election records and supplies shall be preserved by the City Secretary in accordance with the Code. Section 17. Canvassine of Returns. The City Council shall convene on May 9, 1994, at 6:00 p.m., to canvass the returns of the election held on May 7, 1994. Section 18. 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 19. Effective Date. This Resolution shall be effective upon its adoption. f:\files\muni\slake\res\election.004 (01-21-94) 4 PASSED AND APPROVED this the l day of v- sr AN, 4Sn':* amo600l) Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas CITY OF SOUTHLAKE, 4XAS 1994. By: ; 0 Gary Fi , MXor f:\files\muni\slake\res\election.004 (01-21-94) 5