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Item 4B M E M O R A N D U M January 31, 2023 To: Shana Yelverton, City Manager From: Amy Shelley, City Secretary Subject: Resolution No. 23-002, ordering a General Election to be held on May 6, 2023, for the purpose of electing City Council Places 1 and 6. Action Requested: Approve Resolution No. 23-002, ordering a General Election to be held on May 6, 2023, for the purpose of electing City Council Places 1 and 6. Background Information: The City Secretary’s Office is responsible for conducting municipal elections as prescribed by the Election Code of the State of Texas and the City of Southlake’s City Charter. Chapter 2 of the City Charter states that the governing and lawmaking body of the City shall consist of the Mayor and six Council members who shall be elected for terms of three years. All places, including the Mayor, will be elected at large. No person shall serve as Mayor or as a Council member for more than two successive elected terms. A term of office is defined as an elected period of three years. Pursuant to Section 3.004 of the Texas Election Code, the governing body of a political subdivision shall order the General Election. An election may only be held on a uniform election date—first Saturday in May or the first Tuesday after the first Monday in November. The City Charter states that a regular City Election shall be held annually in May. The 2023 General Election will determine the positions of City Council, Places 1 and 6. These positions are elected for a three-year term and will expire in May 2026 or until their successors are duly elected and qualified. The filing period for the General Election began January 18, 203 and concludes at 5:00 p.m. on February 17, 2023. This resolution authorizes the Mayor to enter into agreements with Denton County and Tarrant County to conduct a joint election with other entities (municipalities and school districts) conducting their election on May 6, 2023. Each entity included in the joint election benefits from the Counties providing election services. In addition to reduced costs, Southlake residents may vote at any early voting location located within their County. A complete listing of early voting locations will be on the City’s website once received from the Counties. Southlake Town Hall will continue to be an early voting location for Tarrant County residents. Early voting by personal appearance begins April 24, 2023 and concludes May 2, 2023. The hours of the polling locations will be placed on the City’s website as soon as they become available from Item 4B the Counties. Generally, polling locations are open from 8:00 a.m. to 5:00 p.m., Monday through Friday; 7:00 a.m. – 7:00 p.m. on Saturday; 10:00 a.m. – 4:00 p.m. on Sunday; and 7:00 a.m. – 7:00 p.m. on the last two days of early voting. The Early Voting and Election Day polling locations for Tarrant and Denton Counties have not been determined but will be advertised fully once received. On Election Day, Saturday, May 6, 2023, the polling locations will be open from 7:00 a.m. to 7:00 p.m. Locations for Tarrant and Denton County residents have not been determined but will be advertised fully once received. Financial Considerations: Funds for elections are included in the City Secretary’s Office budget Strategic Link: Strategic Focus Areas: Partnerships & Volunteerism and Performance Management & Service Delivery Citizen Input/ Board Review: N/A Legal Review: Resolution was provided to legal counsel for review Alternatives: Section 3.001 of the Texas Election Code, indicates that each general and special election shall be ordered as provided by Chapter 3, Ordering Election Supporting Documents: Resolution No. 23-002 Staff Recommendation: Approve Resolution No. 23-002, ordering a General Election to be held on May 6, 2023, for the purpose of electing City Council Places 1 and 6. RESOLUTION NO. 23-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TARRANT AND DENTON COUNTIES, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON MAY 6, 2023, FOR THE PURPOSE OF ELECTING CITY COUNCIL PLACE 1 AND PLACE 6; DESIGNATING LOCATION OF POLLING PLACES; ORDERING NOTICE OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTIONS; AUTHORIZING EXECUTION OF JOINT ELECTION AGREEMENTS AND CONTRACTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas (“City”) is a home rule city 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 of Southlake Charter provides that City Elections shall be held in accordance with the laws of the State of Texas; and, WHEREAS, Section 41.001(a) of the Texas Election Code establishes the first Saturday in May as a Uniform Election date for the purposes of conducting an election; and, WHEREAS, Section 3.004 of the Texas Election Code provides that the governing body of a municipality shall be the authority to order an election for the purposes of electing members to the governing body; and, WHEREAS, the City will enter into Joint Election Agreements and Contracts for election services with Tarrant and Denton Counties pursuant to Texas Election Code Sections 31.092 and 271.002. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TARRANT AND DENTON COUNTIES, TEXAS, THAT: SECTION 1. A General Election is hereby ordered for May 6, 2032 to be held jointly with the Carroll Independent School District for the purpose of electing the Southlake City Council Place 1 and Place 6, each such term being for a period of three (3) years. The filing period for the General Election began on January 18, 2023, and will end on February 17, 2023, at 5:00 p.m., in accordance with State Law. SECTION 2. Pursuant to the Joint Election Agreement and Contract (the “Contracts”), the Elections Administrator of Tarrant and Denton Counties shall serve as Elections Administrator for the elections. Presiding Election Judges and Alternate Presiding Election Judges appointed to serve the authorized polling places and the early voting clerk and deputy early voting clerks shall be those election officials furnished by the Elections Administrator from the list of proposed election judges as required in the Contracts. The Mayor is hereby authorized to execute Contracts with the Tarrant County and Denton County Elections Administrators for the General Election on May 6, 2023. The Mayor shall have further authority to approve any minor modifications as may be necessary in the best interest of the City. In the event of a conflict between this resolution and the Contracts, the Contracts shall control. A voting system or systems meeting the standards and requirements of the Texas Election Code, as amended, is hereby adopted, and approved for early voting by personal appearance and by mail and for election day voting. SECTION 3. Notice of the General Election shall be posted on the bulletin board used to post notice of the City Council meetings, the City’s website and be published in a newspaper of general circulation in the City. That said notice must be published at least once, not earlier than the 30th day nor later than the 10th day, before Election Day as provided in Section 4.003(a)(1) of the Texas Election Code. A copy of the published notice that contains the name of the newspaper and the date of publication shall be retained as a record of such notice, and the person posting the notice shall make a record of the time of posting, starting date, and the place of posting. SECTION 4. On Election Day, May 6, 2023, the polls shall be open between the hours of 7:00 a.m. and 7:00 p.m. Tarrant County Precincts Voting Location 3039, 3359, 3470, 3526, 3529, 3538, Any Voting Center located 3542, 3545, 3558, 3579 and 3626 as in Tarrant County specified by Tarrant county Denton County Precinct Voting Location 4212 To Be Determined, per the Contract SECTION 5. Early voting by personal appearance shall commence on April 24, 2023 and continue through May 2, 2023, at the locations established by Tarrant and Denton Counties on the dates and times as follows, or as may be amended be either county, per the Contract. Tarrant and Denton County April 24 – April 28 Monday – Friday 8:00 a.m. – 5:00 p.m. April 29 Saturday 7:00 a.m. – 7:00 p.m. April 30 Sunday 10:00 a.m. – 4:00 p.m. May 1 – 2 Monday – Tuesday 7:00 a.m. – 7:00 p.m. The main early voting locations shall be located at: Tarrant County Denton County Tarrant County Elections Center Denton County Elections Center 2700 Premier Street 701 Kimberly Drive, Suite A101 Fort Worth, TX 76111 Denton, TX 76208 Early Voting for Southlake Tarrant County residents will also be conducted at Southlake Town Hall, 1400 Main Street, Southlake, Texas, 76092. Early Voting for Southlake Denton County residents will be conducted at locations as specified by Denton County. Additional Early Voting locations will be identified in the Contracts executed with the Tarrant and Denton Counties Elections Administrators. SECTION 6. Applications for ballot by mail shall be received and processed by the Tarrant and Denton County Elections Administrators, as follows: Tarrant County Denton County Early Voting Clerk: Heider Garcia Early Voting Clerk: Frank Phillips Tarrant County Elections Center Denton County Elections Office 2700 Premier Street P.O. Box 1720, Denton, TX 76202 Fort, Worth, TX 76111 Denton County Elections Office Fax: 817-884-1755 701 Kimberly Drive, Suite A101 Email: votebymail@tarrantcounty.com Denton, TX 76202 Fax: 940-349-3201 Email: elections@dentoncounty.com It is required for an applicant submitting an application for ballot by mail via fax or email to also submit an application for ballot by mail via mail. In order for a faxed or email application for ballot by mail to be effective, the accompanying mailed application for ballot by mail must be received within 4 days of the submission of the application by fax or email. Applications for ballots by mail must be received no later than the close of business on April 25, 2023. SECTION 7. For purposes of processing ballots cast in early voting, the election officers for the early voting ballot board for this election shall be appointed and designated in accordance with the provisions of the Contracts. SECTION 8. The City Secretary shall present the General Election returns to the City Council at a Council meeting for the canvassing of said elections in accordance with the Texas Election Code. The candidates for City Council Place 1 and Place 6 that receives a majority of valid votes by qualified voters at the elections shall be declared elected. In the event no candidate receives a majority of all the votes cast for all the candidates for an office, a runoff election shall be conducted on the date set forth in the Contracts or other date ordered by the City Council in accordance with the Southlake City Charter and State law. SECTION 9. The elections shall be held in accordance with the Constitution of the State of Texas and the Election Code, and all resident qualified voters of the City shall be eligible to vote in the elections. The Mayor and the City Secretary, 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 elections, whether or not expressly authorized herein. SECTION 10. This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TARRANT AND DENTON COUNTIES, TEXAS, ON THIS THE 7TH DAY OF FEBRUARY 2023. APPROVED: Mayor John Huffman ATTEST: Amy Shelley, TRMC City Secretary