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Item 4CCITY OF SOUTHLAKE MEMORANDUM February 10, 2011 To: Shana Yelverton, City Manager From: Alicia Richardson, City Secretary Subject: Resolution No. 11 -009, Call a General Election for May 14, 2011 Action Requested: Approve Resolution No. 11 -009 to call the General Election for May 14, 2011. Background Information: The General Election will determine the positions of Place 1 and Place 6. These positions are for three -year terms which expire in May 2014. The filing period for this election is February 12, 2011 through March 14, 2011, however, the first business day to file is February 14, 2011. The period of early voting begins May 2, 2011 and ends May 10, 2011. 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. Since the last day for a candidate to withdraw is March 22, the Counties are unable to finalize all of their entity contracts until after that time. An estimate of these amounts would be: $9,200 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 5 meeting. Financial Considerations: Funds for elections are included in the City Secretary's Office budget. Strategic Link: 134: 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. 11 -009 Staff Recommendation: Approve Resolution No. 11 -009 to call the General election RESOLUTION NO. 11 -009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 14, 2011 AND ESTABLISHING PROCEDURES FOR THAT 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 general election for City Council members of the City of Southlake is required to be held on May 14, 2011, at which time the voters will elect persons to fill the offices of City Council Place 1 and Place 6; 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 1 and Place 6 to serve from May 2011 until May 2014 or until their successors are duly elected and qualified. The election shall be held on May 14, 2011 between the hours of 7:00 a.m. and 7:00 p.m. at Carroll High School, 800 North White Chapel Boulevard, Southlake, Texas and 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 Chapter 271 of the Election Code (the "Agreements ") 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 12, 2011 through March 14, 2011. Section 4. 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 at the locations 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 Agreements, 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 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 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 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 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 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. 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. PASSED AND APPROVED this 15 day of February, 2011. CITY OF SOUTHLAKE, TEXAS Mayor John Terrell ATTEST: Alicia Richardson City Secretary EXHIBIT "A" 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.