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2003-010RESOLUTION NO. 03-010 OFFICIAL RECORD A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 3, 2003; DESIGNATING A POLLING PLACE; ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY; APPOINTING AN ELECTION JUDGE AND AN ALTERNATE ELECTION 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; ESTABLISHING A DATE FOR CANVASSING RETURNS; ESTABLISHING A DATE FOR A 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, BE IT RESOLVED BY THE CITY COUNCIL OF THE SOUTHLAKE, TEXAS, THAT: Section 1. GENERAL ELECTION CALLED: A general election shall be held in the City of Southlake, Texas, on Saturday, May 3, 2003, at which the following officers will be elected: MAYOR COUNCILMEMBER PLACE 2 Section 2. TERM OF OFFICE: In accordance with the City Charter, the candidate for each of the offices receiving the majority of votes shall be elected to a three (3) year term beginning May 2003 and ending May 2006, 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 or 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 or she is to be elected. Section 4. APPLICATION FOR A PLACE ON THE BALLOT: 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, 2003, and not later than 5:00 p.m., March 19, 2003. 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 elections. From and after the effective day of this Resolution, such precincts are 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 of Southlake and shall together compromise one municipal election precinct: Denton County Election Precinct No. 401 Tarrant County Election Precinct No. 3035 Tarrant County Election Precinct No. 3039 Tarrant County Election Precinct No. 3114 Tarrant County Election Precinct No. 3286 Tarrant County Election Precinct No. 3359 Tarrant County Election Precinct No. 3392 Tarrant County Election Precinct No. 3470 Tarrant County Election Precinct No. 3526 Tarrant County Election Precinct No. 3529 Tarrant County Election Precinct No. 3538 Tarrant County Election Precinct No. 3545 Tarrant County Election Precinct No. 3558 Tarrant County Election Precinct No. 3559 Tarrant County Election Precinct No. 3579 Section 6. POLLING PLACE: The polling place for the General Election shall be Carroll High School, 800 North White Chapel Boulevard, 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: PRESIDING JUDGE: Robert Flaherty, 1211 Cross Timber Drive, Southlake, Texas 76092 ALTERNATE JUDGE: Mark Snri2u, 1354 Mont2omery Lane, Southlake, Texas 76092 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 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 as many additional clerks as are necessary for the proper conduct of the election. All Election Clerks shall be qualified voters of the City. Section 9. COMPENSATION OF THE ELECTION JUDGE AND ELECTION CLERKS: The Presiding Election Judge and Alternate Presiding Judge shall be compensated at a rate of $9.00 per hour. Each Election Clerk shall be compensated at the rate of $8.00 per hour. 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: In accordance with the Contract, Tarrant County Elections Administrator 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, 2003, and no later than April 23, 2003, in the newspaper in accordance with the provisions of the Code. Additionally, notice shall be posted no later than April 11, 2003, 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, 2003. Section 13. EARLY VOTING: The City Secretary is designated Early Voting Clerk, and Robert Parten, Tarrant County Elections Administrator, will serve as Deputy Early Voting Clerk. Early Voting by personal appearance shall be conducted between the hours of 8:00 a.m. and 5:30 p.m. on each day which is not a Saturday, Sunday, or an official State Holiday, beginning on April 16, 2003, and continuing through April 29, 2003, with extended hours from 7:00 a.m. to 7:00 p.m. on April 28 and 29, 2003. Early voting hours shall include: April 16, 2003 Wednesday 8:00 a.m. to 5:30 p.m. April 17, 2003 Thursday 8:00 a.m. to 5:30 p.m. April 18, 2003 Friday Holiday - Closed April 19, 2003 Saturday Closed April 20, 2003 Sunday Closed April 21, 2003 Monday 8:00 a.m. to 5:30 p.m. April 22, 2003 Tuesday 8:00 a.m. to 5:30 p.m. April 23, 2003 Wednesday 8:00 a.m. to 5:30 p.m. April 24, 2003 Thursday 8:00 a.m. to 5:30 p.m. April 25, 2003 Friday 8:00 a.m. to 5:30 p.m. April 26, 2003 Saturday Closed April 27, 2003 Sunday Closed April 28, 2003 Monday 7:00 a.m. to 7:00 p.m. April 29, 2003 Tuesday 7:00 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 March 4, 2003, and not later than the close of business on April 25, 2003. Applications may be delivered in person to the City Secretary until April 15, 2003. Early Voting, both by personal appearance and by mail, shall be by electronic voting machines and shall be canvassed by the Early Voting 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. RUNOFF ELECTION: In accordance with Section 2.025(b)(2) of the Code, in the event no candidate receives a majority of votes for an office, there shall be a runoff election held on May 31, 2003. 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 for additional length of the absentee voting period. 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. The City Secretary in accordance with the Code shall preserve all election records and supplies. Section 17. 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 18. EFFECTIVE DATE: This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS THE 18" DAY OF FEBRUARY 2003. ATTEST: 0"' Q Lori A. Farwell City Secretary CITY OF SOUTHLAKE, TEXAS MAS or Rick Stacy