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2007-005RESOLUTION NO. 07-005 OMCIAL RECORD A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 12, 2007; DESIGNATING A POLLING PLACE; ESTABLISHING AN ELECTION PRECINCT WITHIN THE CITY; APPOINTING AN ELECTION JUDGE AND AN ALTERNATE ELECTION JUDGE; ESTABLISHING PROCEDURES FOR EARLY VOTING; AGREEING TO CONDUCT THE ELECTION JOINTLY WITH CARROLL INDEPENDENT SCHOOL DISTRICT; AUTHORIZING THE EXECUTION OF A CONTRACT FOR ELECTION SERVICES WITH TARRANT COUNTY ELECTIONS ADMINISTRATION; 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 third 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, Carroll Independent School District and the City of Southlake, Texas desire to conduct a joint election pursuant to the provisions of the Texas Election Code, including the conduct of joint early voting and to provide for the sharing of expenses, and WHEREAS, Section 271.002 of the Texas Election Code provides for joint elections upon the passage of a resolution by each governing bodies participating therein reciting the terms of the agreement, including the method for allocating expenses for the election, and WHEREAS, the City of Southlake and Carroll ISD desire to select the Tarrant County Elections Administrator to conduct and coordinate the joint 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 12, 2007, at which the following officers will be elected: COUNCILMEMBER, PLACE 3 COUNCILMEMBER, PLACE 4 COUNCILMEMBEI, PLACE 5 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 2007 and ending May 2010, 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 10, 2007, and not later than 5:00 p.m., March 12, 2007. 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. Notice of the time and place for such drawing shall be given in accordance with the Code. Section 5. CONTRACT FOR ELECTION SERVICES,: The City Manager is authorized to execute the Contract for Election Services with Tarrant County Elections Administrator and the City of Southlake, attached hereto as Exhibit "A". Section 6. AGREEMENT FOR ELECTION SERVICES The City Manager is authorized to execute the Agreement for Joint Election between the City of Southlake and the Carroll Independent School District, attached hereto as Exhibit "B" Section 7. ELECTION PRECINCTS: In accordance with the Code, the City Council hereby establishes its election precincts for all municipal elections. From and after the effective day of this Resolution, the corporate limits of the City shall constitute a single municipal election precinct. Section 8. 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 9. 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 ALTERNATE JUDGE: Patti Raffa The Election Judge and Alternate Judge shall be qualified voters of the City. The City Secretary shall 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 10. APPOINTMENT OF CLERKS: The Presiding Judge for the polling place may 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 11. COMPENSATION OF THE ELECTION JUDGE AND ELECTION CLERKS: The Presiding Election Judge and Early Voting Lead Clerk shall be compensated at a rate of $10.00 per hour. Each Election Clerk shall be compensated at the rate of $9.00 per hour. The Presiding Election Judge shall also be paid the additional sum of $25.00 for delivering the returns of the election. Section 12. METHOD OF VOTING: The 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 on Election Day shall be by eSlate electronic voting system or by a paper ballot using the eScan voting system. Early Voting shall be by the eSlate electronic voting system. Section 13. 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 14. PUBLICATION AND POSTING OF NOTICE OF ELECTION: Notice of the election shall be published once a week for two consecutive weeks, no earlier than April 12, 2007, and no later than May 2, 2007, in the newspaper in accordance with the provisions of the Code and the City Charter. Additionally, notice shall be posted no later than April 22, 2006, 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 12, 2007. Section 15. EARLY VOTING: Steve Raborn Tarrant County Elections Administrator, is designated Early Voting Clerk, and Lori Farwell, City Secretary, will serve as Deputy Early Voting Clerk. Early Voting by personal appearance hours shall include: April 30, 2007 Monday 8:00 a.m. to 5:00 p.m. May 1, 2007 Tuesday 8:00 a.m. to 5:00 p.m. May 2, 2007 Wednesday 8:00 a.m. to 5:00 p.m. May 3, 2007 Thursday 8:00 a.m. to 5:00 p.m. May 4, 2007 Friday 8:00 a.m. to 5:00 p.m. May 5, 2007 Saturday 7:00 a.m. to 7:00 p.m. May 6, 2007 Sunday 11:00 a.m. to 4:00 p.m. May 7, 2007 Monday 7:00 a.m. to 7:00 p.m. May 8, 2007 Tuesday 7:00 a.m. to 7:00 p.m. Early Voting by personal appearance shall be held at the Southlake Town Hall, 1400 Main Street, 3rd Floor Training Rooms, Southlake, Texas 76092. Applications for early voting by mail shall be delivered to the City Secretary at the same address not earlier than March 13, 2007, and not later than the close of business on May 4, 2007. Applications may be delivered in person to the City Secretary until April 27, 2007. Early Voting by personal appearance shall be by direct recording 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 16. 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 June 16, 2007. Section 17. 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 18. 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 19. 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 20. EFFECTIVE DATE: This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS THE DAY OF FEBRUARY 2007. ATTEST: ff11 I WW : .. City Secretary CITY OF SOUTHLAKE, TEXAS Andy Wambsganss Mayor SpUTHCa!•,,