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Item 4CRESOLUTION NO. 08 -018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A RUNOFF ELECTION TO BE HELD ON JUNE 14, 2008 FOR THE OFFICE OF CITY COUNCILMEMBER, PLACE 6; AND ESTABLISHING PROCEDURES FOR THE ELECTION; AND PROVIDING 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 regular election for City Council members of the City of Southlake was held on May 10, 2008, at which time no candidate received the votes necessary to be elected to the office of City Councilmember, Place 6; and, WHEREAS, Section 2.025 of the Texas Election Code (the "Code ") requires that a runoff election be held not earlier than the 20 or later than the 45 day after the date of the final canvass of the main election is completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. Runoff Election Called. A runoff election shall be held in the City of Southlake, Texas, on Saturday, June 14 at which the office of City Councilmember, Place 6, shall be elected. Section 2. Candidates. The candidates for the runoff election shall be the candidates who received the highest and second highest number of votes for the office of City Councilmember, Place 6, in the General Election held on May 10, 2008 in accordance with Section 2.023 of the Code. According to Section 2.027 of the Code, the Mayor shall certify in writing the candidates eligible for placement on the runoff election ballot and shall deliver the certification to the City Secretary. 000D i Section 3. Joint Election Agreement Approved. The City entered into a joint election agreement with Tarrant County to conduct the May 10, 2008 General and Special Elections, conducted under the authority of Chapter 271 of the Election Code (the "Agreement "). The City has the option of extending the terms of that agreement through the runoff election. The terms of that agreement automatically extend unless the participating authority notifies the Elections Administrator in writing within three business days of the original election. Section 4. Early Voting. a. Early voting by personal appearance. Early voting by personal appearance shall commence June 2, 2008, the earliest practicable date, and shall continue until June 10, 2008 at the location and times designated in Exhibit "A ". In the event of a conflict between the location and time for early voting between Exhibit "A" and the Agreement, the Agreement shall control. 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 76911, not earlier than May 21 March 11, 2008 and not later than close of business on April 25May 30, 2008, if delivered in person, and June 6May 2, 2008 if delivered by mail. Early voting by 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, l DDO 2 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 5. 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 6. 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 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 given as required by Chapter 4 of the Code. Section 9. 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 10. 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 ofluo 3 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 11. Effective Date This resolution shall be effective upon its adoption. PASSED AND APPROVED this 20 day of May 20, 2008. CITY OF SOUTHLAKE, TEXAS Mayor Andy Wambsganss ATTEST: City Secretary Lori Payne 0000 4 EXHIBIT " A " DOM 5 EARLY VOTING (VOTAC16N ADELANTADA) JUNE 14, 2008 —JOINT RUNOFF ELECTIONS (14 DE JUNIO DEL 2008 — ELECCIONES DE CARRERA FINAL ADJUNTAS) EARLY VOTING BY PERSONAL APPEARANCE DAYS AND HOURS (DIAS Y HORAS DE VOTAC16N TEMPRANO POR APARICI6N PERSONAL) June (Juno) 2 - 6 Monday - Friday (Lanes - Viernes) 8:00 a.m. - 5:00 p.m. June (Juno) 7 Saturday (Sabado) 7:00 a.m. - 7:00 p.m. June (Juno) 8 Sunday (Domingo) 11:00 a.m. - 4:00 p.m. June (Junin) 9 - 10 Monday - Tuesday (Lunes - Martes) 7:00 a.m. - 7:00 p.m. • _ • , • • M-1343 . Wff AT;4;1W_-V1 ✓r rr EARLY VOTING BY MAIL (VOTAC16N TEMPR.4NO POR CORREO) TO RECEIVE A BALLOT APPLICATION OR FOR MORE INFORMATION CALL TARRANT COUNTY ELECTIONS ADMINISTRATION: 817- 831 -8683 (PARA RECIBIR UNA APLICACI6N PARR BOLETA O PARR MAS INFORMACI6N LLAMAR AL ADMINISTRADOR DE ELECCIONES DEL CONDADO DE TARRANT:• 817- 831 -8683) Applications for a ballot by mail may be submitted between April 15, 2008, and June 6, 2008 with one of the following requirements: ( Apl icacionesparaunaboletaporcorreopuedensersometidasentreetl 5deAbrilde12008 ,y6deJuniodel2008, con uno de los siguientes requisitos.) 1. Age of voter is 65 or over on Election Day. (Edad del votante es 65 o m6s of Dia de EleccOn.) 2. Voter is disabled. (Votante esta incepacitado.) For #1 or #2, the ballot must be mailed to the voter registration residence address /mailing address or to a hospital, nursing home /long -term care facility, retirement center or address of a relative. The relationship of the relative must be indicated. (Para #10 #21a boleta debe serenviada a Ia direcci6n residencial/direcci6n de correo de registro de votante oh un hospital, clinica para convalecientes 6 ancianos/facilidad de culdado de t6rmino largo, Centro de jubilacl6n o direcci6n de un pariente. Debe indicar el parentesco del pariente.) 3. Voter is confined in jail - ballot must be mailed to the jail or address of a relative. (Votante esta encarcelado - boleta debe ser enviada 61a csrcel o a la direccOn de un parlente.) 4. Voter expects to be out of the county on Election Day and during the regular hours for conducting early voting - ballot must be mailed to an address outside the county. (Votante espera esterafuera del condado elDia de Elecci6n y durante las horas regulares de conducir Votaci6n temprano - boleta debe ser enviada a una direccl6n afuera del condado.) Applications must be received at the following address NO LATER THAN FRIDAY, JUNE 6, 2008. (Aplicaciones deben ser recibidas_por correo, a la direcd6n g guiente NO MAS TARDAR DEL VIERNES, 6 DE JUNTO DEL 2008.) STEVE RABORN, EARLY VOTING CLERIC PO BOX 961011 FORT WORTH TX 76161 -0011 FOR VOTERS WITH ONSET OF AN ILLNESS ON ORAFTER JUNE 5, 2008, EMERGENCY BALLOT APPLICATIONS MUST BE RETURNED NO LATER THAN 5 PM, ELECTION DAY, AT THE ELECTIONS CENTER, 2700 PREMIER ST„ FORT WORTH, TX 76111 (SEC. 102.001, TEXAS ELECTION CODE.) (PARA VomwN -S CONPRINCIPIOS DE UNA ENFERMEDAD EN OOESPUES DEL 5 DE JUNIO DEL 2008, APLICACIONES PARR BOLETA DE EMERGENCIA DEBE SER REGRESADA NO MAS TARDAR DELAS 5 PM, EL DIA DE ELECCf6N ENEL CENTRO DE ELECCIONES, 2700 PREMIER ST., FORT W oRTR, TX 76111 (SEC. 102.001, C6DIGO DE ELECcIdN DE TEJAs. ) Revised 05/15/2408 4:06:45 PM EARLY VOTING (VOTACI6N ADELANTADA) JUNE 14, 2008 -JOINT RUNOFF ELECTIONS (14 DE JUNTO DEL 2008 — ELECCIONES DE CARRERA FINAL ADJUNTAS) 1. MAIN EARLY VOTING SITE, Tarrant County Elections Center 2700 Premier Street Fort Worth, Texas 76111 * Emergency ballots available at this location only 2. Arlington City Hall 101 West Abram Street Arlington, Texas 76010 Benbrook YMCA 1899 Winscott Road Benbrook, Texas 76126 4. Como Elementary School 4000 Home Street Fort Worth, Texas 76107 Dalworthington Gardens City Hall 2600 Roosevelt Drive Dalworthington Gardens, Texas 76016 6. Diamond Hill/Jarvis Library 1300 Northeast 35th Street Fort Worth, Texas 76106 7. Gary J. and Lynne L. Manny FWISD Administration Building 100 N. University Drive Fort Worth, Texas 76119 8, Grapevine Comm. Activities Center 1175 Municipal Way Grapevine, Texas 76051 10. Handley- Meadowbrook Community Center 6201 Beaty Street Fort Worth, Texas 76112 11. Mahaney Community Center 6800 Forest Hill Drive Forest Hill, Texas 76140 12. Southlake Town Hall 1400 Main Street Southlake, Texas 76092 13. South Service Center 1100 SW Green Oaks Boulevard Arlington, Texas 76017 14. Southside Community Center 959 East Rosedale Street Fort Worth, Texas 76104 15. Southwest Sub - Courthouse 6551 Granbury Road Fort Worth, Texas 76133 16. Tarrant County Plaza Building 201 Burnett Street Fort Worth, Texas 76102 17. White Settlement Recreation Center 8213 White Settlement Road White Settlement, Texas 76108 18. Worth Heights Community Center 3551 New York Avenue Fort Worth, Texas 76110 9. Griffin Sub - Courthouse 3212 Miller Avenue Fort Worth, Texas 76119 Reviscd 0511 512 008 4:06:45 PM