Item 4BM E M O R A N D U M
February 11, 2010
To:
Shana Yelverton, City Manager
From:
Lori Payne, City Secretary
Subject:
Resolution No. 10-011, Call a General Election for May 8, 2010
Action
Requested:
Approve Resolution No. 10-011 to call the General Election for May
8, 2010.
Background
Information:
The General Election will determine the positions of Place 3, Place
4, and Place 5. These positions are for three-year terms which
expire in May 2013. The filing period for this election is February 6,
2010 through March 8, 2010, however, the first business day to file
is February 8, 2010. The period of early voting begins April 26,
2010 and ends May 4, 2010.
For Tarrant County residents, the resolution designates one of the
locations of early voting as Southlake Town Hall and the Election
Day location as Carroll High School. For Denton County residents,
one of the locations of early voting will be the Trophy Club
Municipal Building and the Election Day location will also be the
Trophy Club Municipal Building. Our intent is to hold a joint election
with Carroll Independent School District dependent upon whether
or not they have opposed races. The City will still hold the City
Council election in Carroll High School if Carroll ISD cancels their
election.
Although the primary purpose of this agenda item is to call the May
election, the resolution references some contract changes that I
want to make you aware of at this time.
For the past several years, the Tarrant County Elections
Administrator, Steve Raborn, has combined the Southlake Denton
County voters into his election for the purposes of voting for
Southlake City Council members. Those same voters have then
been required to go to a Denton County polling place to vote in the
Northwest ISD elections and other elections. Until now, the Denton
County Elections Administrator did not offer Joint Election
Contracts. In order for the approximately 417 Denton County
registered voters in Southlake to receive a ballot, Tarrant County
Elections had to hand-key
system. This was a very time consuming effort on their staff.
Denton County recently hired Frank Phillips as its new Elections
Administrator, and he is now offering Joint Election Contracts. As a
result, Tarrant County has informed us that they can no longer
combine our Denton County voters into their system.
It is my recommendation that City Council also approve a Joint
Election Contract with Denton County. By doing so, the Southlake
Denton County voters will be able to vote for City Council as well as
for the NWISD school board on one ballot at any Denton County
polling place during Early Voting (including the Trophy Club
Municipal Building) and at the Trophy Club Municipal Building on
Election Day. This allows the voter to vote on one ballot at one
location, which will save them time, effort and encourage more
participation, as well as, eliminate confusion. This will provide the
Southlake Denton County voters some consistency in their polling
places since they have already been voting in Denton County for
every other type of election whether it be for school board, County,
State or Federal elections.
With the last day for a candidate to withdraw being March 16, the
Counties are unable to finalize all of their entity contracts until after
that time. An estimate of these amounts would be: $4,700 for
Tarrant County and $1,600 for Denton County. I will be bringing
back an amendment to this resolution, along with the contracts, to
City Council for consideration at the April 6 meeting.
Financial
Considerations:
Funds for elections are included in the
budget.
Strategic Link:
B4: Provide high quality customer service
Citizen Input/
Board Review:
None
Legal Review:
City Attorney Betsy Elam reviewed the attached resolution
Alternatives:
According to Section 3.004 of the Texas Election Code, the
governing body of a political subdivision shall order the election.
Supporting
Documents:
Resolution No. 10-011
Staff
Recommendation:
Approve Resolution No. 10-011 to call the General election
RESOLUTION NO. 10-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE
HELD ON MAY 8, 2010 AND ESTABLISHING PROCEDURES FOR
THAT ELECTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the City of Southlake, Texas 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 general election for City Council members of the City of
Southlake is required to be held on May 8, 2010, at which time the voters will elect
persons to fill the offices of City Council Place 3; Place 4; and Place 5; and,
WHEREAS
, the City will enter into Agreements 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. General Election Called.
An election is hereby called to elect the offices
of City Council Place 3, Place 4, and Place 5 to serve from May 2010 until May 2013 or
until their successors are duly elected and qualified. The election shall be held on May
8, 2010 between the hours of 7:00 a.m. and 7:00 p.m. at Carroll High School, 800 North
White Chapel Boulevard, Southlake, Texasand locations set forth in the Agreements for
Tarrant County residents and at Trophy Club MUD, 100 Municipal Drive, Trophy Club,
Texas and other locations as set forth in the Agreement for Denton County residents.
Section 2. Joint Election Agreements Approved.
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
s
Section 3. Application for Place on Ballot.
Qualified persons may file as
candidates by filing applications in the office of the City Secretary from 8:00 a.m. to 5:00
p.m. on all regular business days from February 6, 2010 through March 8, 2010.
Section 4. Early Voting.
a. Early voting by personal appearance.
Early voting by personal
appearance shall commence April 26, 2010 and shall continue until May 4, 2010 at the
locations
s, the
Agreements shall control. For Southlake Tarrant County residents, Early Voting shall be
conducted at Southlake Town Hall, 1400 Main Street, Southlake, Texas and other
locations as set forth in the Agreement. For Southlake 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.
This Order of Election will be amended at a later date to include any early voting sites
added due to joint elections with other political subdivisions.
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 general 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 9, 2010 and not
later than close of business on April 23, 2010, if delivered in person, and April 30, 2010
if delivered by mail. Early voting by mail 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 general
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 9, 2010 and not later than close of business on
April 23, 2010, if delivered in person, and April 30, 2010 if delivered by mail. Early voting
by mail ballots shall be mailed to the Elections Administrator at the same address.
c. Early voting by 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, as set
forth in the Agreements, 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 5. Method of Voting.
Early voting by personal appearance shall be
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
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.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 7. Publication and Posting of Notice of Election.
Notice of the election
shall be given as required by Chapter 4 of the Code.
Section 8. Submissions to the United States Justice Department.
The City
Secretary of the City of Southlake or her designee is authorized to make such
submissions as are necessary to the United States Justice Department to seek pre-
clearance for any changes in voting practices.
Section 9. 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 10. Effective Date.
This resolution shall be effective upon its adoption.
th
PASSED AND APPROVED
this 16 day of February, 2010.
CITY OF SOUTHLAKE, TEXAS
________________________
Mayor
John Terrell
ATTEST:
__________________________
City Secretary
Lori Payne
For Southlake Tarrant County residents, Early Voting shall be conducted at Southlake
Town Hall, 1400 Main Street, Southlake, Texas and other locations as set forth in the
Agreement.
For Southlake 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.
This Order of Election will be amended at a later date to include any early voting sites
that were added due to joint elections with other political subdivisions. This resolution
will also be amended to include contracts with Tarrant County Elections Administration
and Denton County Elections Administration.