2010-050RESOLUTION NO. 10-050 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 MAY 14, 2011; 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 all alcoholic beverages
including -mixed beverages; 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 Denton 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 Saturday, May 14, 2011, at which the following will be on the
ballot:
FOR THE LEGAL SALE OF ALL ALCOHOLIC BEVERAGES,
AGAINST INCLUDING MIXED BEVERAGES
Section 2. POLLING PLACE. The polling place for the Special Election for Tarrant
County residents shall be Carroll High School, 800 North White Chapel Boulevard,
Southlake, Texas and the polling place for Denton County residents shall be Trophy
Club MUD, 100 Municipal Drive, Trophy Club, 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 AGREEMENTS.. Prior to the election, the City anticipates
that it will enter into joint election agreements and contracts for election services with
Tarrant County and Denton 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 and Denton 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 and Denton County's eSlate electronic
voting system. On Election Day, Tarrant County 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. On Election Day, Denton
County voters shall vote on the eSlate electronic 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 Agreements and the Code.
Section 6. EARLY VOTING.
a. Early voting by personal appearance. Early voting by personal
appearance shall commence May 2, 2011 and shall continue until May 10, 2011
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 Agreements. For Tarrant County residents, Early
Voting shall be conducted at the Southlake Town Hall, 1400 Main Street, Southlake,
Texas 76092 and at other locations established in the Agreement. For Denton County
residents, Early Voting shall be conducted at Trophy Club MUD, 100 Municipal Drive,
Trophy Club, Texas and other locations as set forth in the Agreement.
b. Early voting by mail. For Tarrant County: Steve Raborn, the Tarrant
County Election Administrator ("Elections Administrator'), is hereby designated as Early
Voting Clerk for the 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 March 15, 2011 and not
later than close of business on April 29, 2011, if delivered in person, and May 6, 2011 if
delivered by mail. Early voting ballots shall be mailed to the Elections Administrator at
the same address. For Denton County: Frank Phillips, the Denton County Election
Administrator ("Elections Administrator"), is hereby designated as Early Voting Clerk for
the special election. Applications for early voting by mail may be delivered to the
Elections Administrator at the following address: Early Voting Clerk, 401 West Hickory,
Denton, Texas 76202, not earlier than March 15, 2011 and not later than close of
business on April 29, 2011, if delivered in person, and May 6, 2011 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 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 7th DAY OF SEPTEMBER, 2010.
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COCitySecretary = '
CITY OF SOUTHLAKE, TEXAS
STEVE RABORN, CERA
Elections Administrator
August 12, 2010
TARRANT COUNTY
ELECTIONS ADMINISTRATION
Lori Payne, City Secretary
City of Southlake
1400 Main Street, Suite #270
Southlake, TX 76092
GAYLE RAMMTON, CERA
Assistant Elections Administrator
This is to certify that petition for Local Option Election for the City of Southlake
has been checked. Following is a summary of the signatures checked:
Total Signatures Verified 2,920
Signatures Accepted 2,391
Signatures Rejected 529
The required number of qualified signatures to call an election is 2,165
2,132 -Tarrant County, 33 -Denton County).
If you have any questions please feel free to call Kenisha at (817) 831-6479
Sincerely, ((,,
1
Steve aborn
Voter Registrar
Tarrant County, Texas RECEIVED
AUG 16 2010
OFFICE OF CITY SECRETARY
2700 PREMIER STREET, PO BOX 961011, FORT WORTH, TEXAS 76161-0011 (817) 831-8683 (VOTE) TDD (817-759-7801)