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2008-041RESOLUTION NO. 08-041 OFFICIAL RECORD A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS CALLING FOR A SPECIAL LOCAL OPTION ELECTION PURSUANT TO THE TEXAS ELECTION CODE TO BE HELD ON NOVEMBER 4, 2008; DESIGNATING A POLLING PLACE; 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 501 of the Texas Election Code (the "Code") requesting that the City call a local option election; and, WHEREAS, the Council has received the report from the Tarrant County Elections Administrator and hereby determines that it is correct and that there are sufficient signatures on the petition to require an election; and, WHEREAS, Chapter 501 of the Code requires that this election be called to determine whether the voters desire to allow the legal sale of beer and wine for off premise consumption; and, WHEREAS, by this Resolution, it is the intention of the City Council to designate a polling place for the election, and to establish and set forth procedures for conducting the election; and, WHEREAS, the City will enter into an Agreement for Election Services with Tarrant County; 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 4, 2008, at which the following will be on the ballot: FOR THE LEGAL SALE OF BEER AND WINE FOR OFF -PREMISE AGAINST CONSUMPTION ONLY 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, 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. JOINT ELECTION AGREEMENT. Prior to the election, the City anticipates that it will enter into a joint election agreement and contract for election services with Tarrant County, conducted under the authority of Chapter 271 of the Election Code (the Agreement"). Section 4. APPOINTMENT OF ELECTION JUDGE AND ALTERNATE ELECTION JUDGE. The Presiding Election Judge and Alternate Presiding Judge shall be appointed by Tarrant County as authorized by Chapter 271 of the Texas Election Code Code"). Section 5. METHOD OF VOTING. Early voting by personal appearance shall be conducted exclusively on Tarrant County's eSlate electronic voting system. On Election Day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper ballot that is scanned at the polling place using Tarrant County's eScan voting system. All expenditures necessary for the conduct of the election, the purchase of materials therefore, and the employment of all election officials are hereby authorized, and shall be conducted in accordance with the Agreement and the Code. Section 6. EARLY VOTING. a. Early voting by personal appearance. Early voting by personal appearance shall commence October 20, 2008 and shall continue until October 31, 2008 between the hours of 8:00 a.m. and 5:00 p.m. on each day that is not a Saturday, Sunday, or an official state holiday. Additional early voting hours by personal appearance will be established in the Agreement. Early Voting shall be conducted at the office of the City Secretary, 1400 Main Street, Suite 270, Southlake, Texas 76092 and at other locations established in the Agreement. b. Early voting by mail. Steve Raborn, the Tarrant County Election Administrator ("Elections Administrator"), is hereby designated as Early Voting Clerk for the general and special election. Applications for early voting by mail may be delivered to the Elections Administrator at the following address: Early Voting Clerk, 2700 Premier Street, Fort Worth, Texas 76111, not earlier than September 5, 2008 and not later than close of business on October 17, 2008, if delivered in person, and October 28, 2008 if delivered by mail. Early voting ballots shall be mailed to the Elections Administrator at the same address. C. Early Voting Ballot Board. Early voting, both by personal appearance and by mail shall be canvassed by the Early Voting Ballot Board which is hereby created. The Presiding Election Judge and Alternate Presiding Election Judge, appointed herein, shall serve as the presiding officer and 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 7. GOVERNING LAW AND QUALIFIED 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 in accordance with Chapter 4 of the Code and the City Charter. Section 9. 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 10. 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 11. 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 12. EFFECTIVE DATE: This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS THE 19th DAY OF AUGUST, 2008. ATTEST: City Secretary CITY OF SOUTHLAKE, TEXAS BY: Mayor TARRANT COUNTY STEVE RABORN, CERA ELECTIONS ADMINISTRATION Elections Administrator August 8, 2008 Lori Payne, City Secretary City of Southlake 1400 Main St Suite #270 Southlake Texas 76092 Dear Ms.Payne, GAYLE HAMILTON, CERA Assistant Elections Administrator This is to certify that petitions signed by 2,903 voters in the City of Southlake were received and verified in my office. City of Southlake requires 2,450 accepted signatures. Total of accepted signatures are as follow: Total Signatures verified: 2,903 Signatures Accepted: 2,584 (2,577 Tarrant Co. + 7 Denton Co) Final verification indicates sufficient signatures to call an Election to Legalize in the City of Southlake. If you have any questions, please call me (817) 831-6454 Sincerely, Patricia Benavides Voter Registration j-r t u„ RECENVED AUG - 8 2008 OFFICE OF CI1Y SECRETARY 2700 PREMIER STREET, PO BOX 961011, FORT WORTH, TEXAS 76161-0011 (817) 831-8683 (VOTE) TDD (817-759-7801)