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1997-004City of Southlake, Texas RESOLUTION NO. 97-04 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 3, 1997; DESIGNATING A POLLING PLACE; ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY; APPOINTING AN ELECTION JUDGE AND AN ALTERNATE JUDGE; ESTABLISHING PROCEDURES FOR EARLY VOTING; AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE -CLEARANCE APPROVAL; ESTABLISHING OTHER PROCEDURES FOR CONDUCT OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; ESTABLISHING A DATE FOR RUN OFF ELECTION IF NECESSARY; AND 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 that a General Election of a City may be held on such day; and, WHEREAS, state law and the charter of the City of Southlake require that a general election be held; 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; and, WHEREAS, the changes from prior practices may require pre -clearance under the Federal Voting Rights Act: NOW THEREFORE, IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. General Election Called A general election shall be held in the City of Southlake, Texas, on Saturday, May 3, 1997, at which the following officers will be elected: MAYOR COUNCILMEMBER PLACE 2 City of Southlake, Texas Resolution No. 97-04 Calling General Election page 2 Section 2. Term of Office,. In accordance with the City Charter, the candidate for each of the following offices receiving the majority of votes for such office shall be elected to a three (3) year term beginning May 3, 1997, and ending May, 2000, or 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/she is a qualified elector of the City and has resided in the City for at least twelve (12) months preceding the election at which he/she is to be elected. Section 4. Application for a Place on the Ballot,. In accordance with Section 143.002 of the Code, any eligible and qualified person shall 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 17, 1997, and not later than 5:00 p.m., March 19, 1997. Each such application shall be on a form 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. Notice of the time and place for such drawing shall be given in accordance with the Code. Section 5. Election Precincts, In accordance with Section 42.061 of the Code, the City Council of the City hereby establishes its election precincts for all municipal election from and after the effective day 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 6. Polling Place. The polling place for the General Election for all precincts of the City shall be Johnson Elementary School, 1301 North Carroll Avenue, Southlake, Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on election day, in accordance with and pursuant to the requirements of the Code. Section 7. Appointment 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: City of Southlake, Texas Resolution No. 97-04 Calling General Election page 3 Presiding Judge: Aloha Payne, 1213 Whispering Lane, Southlake, Texas Alternate Judge: Karen Cienki, 803 Shadow Glen Drive, 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 8. Appointment 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, six (6) 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 9. Comnensation 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 10. 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 11. Governing 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 12. Publication and Posting of Notice of Election. Notice of the election shall be published twice no earlier than April 3, 1997, and no later than April 23, 1997, in the newspaper in accordance with the provisions of the Code. Additionally, notice shall be posted no later than April 14, 1997, in the regular place for posting notice of meetings of the City Council of the City, and shall remain posted continuously through election day, May 3, 1997. Section 13. Early Voting. 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 City of Southlake, Texas Resolution No. 97-04 Calling General Election page 4 State Holiday, beginning on April 14, 1997, and continuing through April 29, 1997. Additional voting hours shall include: Monday April 14, 1997 8:00 a.m. to 5:00 p.m. Tuesday April 15, 1997 8:00 a.m. to 5:00 p.m. Wednesday April 16, 1997 8:00 a.m. to 5:00 p.m. Thursday April 17, 1997 8:00 a.m. to 5:00 p.m. Friday April 18, 1997 8:00 a.m. to 5:00 p.m. Saturday April 19, 1997 Closed Sunday April 20, 1997 Closed Monday April 21, 1997 8:00 a.m. to 7:00 p.m. Tuesday April 22, 1997 8:00 a.m. to 7:00 p.m. Wednesday April 23, 1997 8:00 a.m. to 7:00 p.m. Thursday April 24, 1997 8:00 a.m. to 7:00 p.m. Friday April 25, 1997 8:00 a.m. to 5:00 p.m. Saturday April 26, 1997 10:00 a.m. to 5:00 p.m. Sunday April 27, 1997 Closed Monday April 28, 1997 8:00 a.m. to 5:00 p.m. Tuesday April 29, 1997 8:00 a.m. to 5:00 p.m. Early Voting by personal appearance shall be held at Office of City Secretary 1725 East Southlake Blvd., Southlake, Texas 76092. Applications for early voting by mail shall be delivered to the City Secretary at the same address not earlier than March 4, 1997, and not later than the close of business on April 25, 1997. Early Voting, both by personal appearance and by mail, shall be by electronic voting machines and shall be canvassed by the Early 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 Ballot Board. The other election officers serving at the election shall serve as the other members of the Early Voting Ballot Board. Section 14. _Canvassing pf Returns The City Council shall convene on May 5, 1997, at 6:00 p.m. to canvass the returns of the general election. Section 15. Run off Election In accordance with Section 2.025 (b)(2) of the Code, in the event no candidate received a majority of votes for an office, there shall be a runoff election held on June 7, 1997. Section 16. 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 City of Southlake, Texas Resolution No. 97-04 Calling General Election page 5 Department to seek pre -clearance approval for additional length of the absentee voting period. Section 17. 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 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. PASSED AND APPROVED THIS THE 4TH DAY OF FEBRUARY, 1997. 0011UpN1ii1. gouTy i''. 9 WA A Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney dAwp-fi1es\res97-04\e1e CITY OF SOUTHLAKE, TEXAS ayor ck Stacy