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2001-065RESOLUTION NO. 01-065 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A SPECIAL ELECTION PURSUANT TO THE ALCOHOLIC BEVERAGE CODE TO BE HELD ON NOVEMBER 6,2001; 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 CONDUCTING THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas, is a home -rule municipality 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 has received a petition in conformance with the requirements of Chapter 251 of the Alcoholic Beverage Code; and, WHEREAS, Chapter 251 of the Alcoholic Beverage Code requires that this election be called; and, WHEREAS, by this Resolution, it is the intention of the City Council 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. SPECIAL ELECTION CALLED: A special election shall be held in the City of Southlake, Texas, on Tuesday, November 6, 2001, at which the following will be on the ballot: FOR THE LEGAL SALE OF WINE FOR OFF -PREMISE 0 AGAINST CONSUMPTION ONLY T Section 2. POLLING PLACE: The polling place for the Special Election for all precincts of the City shall be Southlake Town Hall, 1400 Main Street, 3 d Floor Conference Room, 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 3. 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: PRESIDING JUDGE: Karen Cienki, 803 Shadow Glen Drive, Southlake, Texas ALTERNATE JUDGE: Pattie Minder, 223 Eastwood 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 4. APPOINTMENT OF CLERKS: The Presiding Judge for the polling place shall appoint Election Clerks as many additional clerks as are necessary for the proper conduct of the election. Section 5. 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 6. 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 7. 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 8. PUBLICATION AND POSTING OF NOTICE OF ELECTION: Notice of the election shall be published twice, no earlier than October 22, 2001 and no later than October 27, 2001, in the newspaper in accordance with the provisions of the Code. Additionally, notice shall be posted no later than October 17, 2001, in the regular place for posting notice of meetings of the City Council of the City, and shall remain posted continuously through election day, November 6, 2001. Section 9. EARLY VOTING: Early Voting by personal appearance shall be conducted between the hours of 8:30 a.m. and 5:30 p.m. on each day which is not a Saturday, Sunday, or an official State holiday, beginning on October 22, 2001, and continuing through November 2, 2001. Note extended voting hours on October 27, November 1, and November 2. Early Voting hours shall include: Monday Tuesday Wednesday Thursday Friday Saturday Sunday Monday Tuesday Wednesday Thursday Friday October 22, 2001 October 23, 2001 October 24, 2001 October 25, 2001 October 26, 2001 October 27, 2001 October 28, 2001 October 29, 2001 October 30, 2001 October 31, 2001 November 1, 2001 November 2, 2001 8:30 a.m. to 5:30 p.m. 8:30 a.m. to 5:30 p.m. 8:30 a.m. to 5:30 p.m. 8:30 a.m. to 5:30 p.m. 8:30 a.m. to 5:30 p.m. 10:00 a.m. to 4:00 p.m. Closed 8:30 a.m. to 5:30 p.m. 8:30 a.m. to 5:30 p.m. 8:30 a.m. to 5:30 p.m. 8:30 a.m. to 7:00 p.m. 8:30 a.m. to 7:00 p.m. Early Voting by personal appearance shall be held at the Office of the City Secretary, 1400 Main Street, Suite 270, Southlake, Texas 76092. Applications for early voting by mail shall be delivered to the City Secretary at the same address not earlier than October 22, 2001, and not later than the close of business on November 2, 2001, if delivered in person, and October 30, 2001, if delivered by mail. 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 10. 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 for additional length of the absentee voting period. Section 11. 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. a Section 12. 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 13. EFFECTIVE DATE: This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS THE 16" DAY OF OCTOBER, 2001. OF S''•.,, s ATTE,V* •:' m, may Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney / NACity Secretary\Elections\L.ocal Option Election\res-callingelection.doc CITY OF SOUTHLAKE, TEXAS BY: ayvorrk Stacy