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Item 4D CI O S OU F THLAKE MEMORANDUM September 2, 2010 To: Shana Yelverton, City Manager From: Lori Payne, City Secretary Subject: Resolution No. 10 -050, Call a special Local Option Election for May 14, 2011 for the legal sale of all alcoholic beverages, including mixed beverages Action Requested: Approve Resolution No. 10 -050, Call a special Local Option Election for May 14, 2011 for the legal sale of all alcoholic beverages, including mixed beverages. Background Information: Greg Wilemon of Farpointe Wine Shop & Tasting Lounge submitted a petition to the City Secretary's Office on July 30, 2010 containing 2,920 entries in support of calling a Local Option Election for "the legal sale of all alcoholic beverages, including mixed beverages." Tarrant County Elections Administration verified the petitions and accepted 2,391 signatures. [Letter attached.] According to State law, the required number of signatures needed on the petition is equal to 35% of the Southlake voters who voted in the last gubernatorial election which was held in November 2006. There were 6,971 Southlake voters in that election of which 35% is 2,439, however, that required number of signatures has decreased over time due to changes in voter registration status. The required number of qualified signatures needed at the time of submission of the petition was 2,165. Since enough signatures were submitted and verified, the City Council must order the election for the next available uniform election date which is May 14, 2011. Please note that this election cannot be held on November 2, 2010 due to the date the petition was received by the City Secretary's Office. Section 501.032 of the Texas Election Code requires the City Council to call the election at its next regular session on or after the 30 day after the date the petition is filed. Since the petition was filed on July 30, 2010, City Council would need to call this election at its September 7, 2010 regular meeting. The deadline to call an election for the November 2, 2010 ballot is August 24, 2010 which did not meet the requirement previously listed in Section 501.032. Contracts for election services with Tarrant County Elections Administration and Denton County Elections Administration will be brought to the City Council for consideration on a future agenda. 1 � Financial Considerations: Funds for elections are included in the City Secretary's Office Y rY budget. Strategic Link: B4: Provide high quality customer service Citizen Input/ Board Review: None Legal Review: City Attorney Betsy Eiam reviewed the attached resolution Alternatives: Section 501.032 of the Texas Election Code requires the City Council to call the election at its next regular session on or after the 30 day after the date the petition is filed Supporting Documents: Resolution No. 10 -050 Letter from Tarrant County Elections Administration RESOLUTION NO. 10 -050 1 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 7 DAY OF SEPTEMBER, 2010. CITY OF SOUTHLAKE, TEXAS BY: Mayor ATTEST: • City Secretary • ,, TARRANT COUNTY STEVE RABOlrrr, CERA ELECTIONS ADMINISTRATION GAYLE HAMILTON, CERA Elections Administrator Assistant Elections Administrator August 12, 2010 Lori Payne, City Secretary City of Southlake 1400 Main Street, Suite #270 Southlake, TX 76092 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, Steve aborn Voter Registrar Tarrant County, Texas RECEIVED SR/kk AUG 1 6 2010 OFFICE OF CfIY SECRETARY 2700 PREMIER STREET, PO BOX 961011, FORT WORTH, TEXAS 76161 -0011 (817) 831 -8683 (VOTE) TDD (817- 759 -7801)