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Item 5DRESOLUTION NO. 02 -005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 4, 2002; DESIGNATING A POLLING PLACE; ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY; AUTHORIZING THE ACTING CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE - CLEARANCE APPROVAL; ESTABLISHING A DATE FOR CANVASSING RETURNS; ESTABLISHING A DATE FOR RUN OFF ELECTION IF NECESSARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code (the "Code ") specifies that the first Saturday in May shall be a "Uniform Election Date" and that a General Election of a City may be held on such day; and, WHEREAS, state law and the charter of the City of Southlake require that a general election be held; and, WHEREAS, by this resolution, it is the intention of the City Council to officially establish the election precincts within the City, and to establish and set forth procedures for conducting the election; 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: A general election shall be held in the City of Southlake, Texas, on Saturday, May 4, 2002, at which the following officers will be elected: COUNCILMEMBER PLACE 1 COUNCILMEMBER PLACE 6 Section 2. TERM OF OFFICE: In accordance with the City Charter, the candidate for each of the following offices receiving the majority of votes for such office shall be elected to a three (3) year term beginning May 4, 2002, and ending May 1, 2005, or until a successor is duly elected and qualified. Section 3. ELIGIBILITY FOR CANDIDACY: In accordance with the City Charter, no person shall be eligible for Councilmember unless he /she is a qualified elector of the City and has resided in the City for at least twelve (12) months preceding the election at which he /she is to be elected. Resolution No. 02 -005 Page 2 of 3 Section 4. APPLICATION FOR A PLACE ON THE BALLOT: In accordance with Section 143.002 of the Code, any eligible and qualified person shall have his name printed upon the official ballot as a candidate for the offices herein set forth by filing his sworn application with the Acting City Secretary not earlier than February 18, 2002 and not later than 5:00 p.m. on March 20, 2002. Each such application shall be on a form prescribed by Section 141.031 of the Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the Acting City Secretary as provided by Section 52.094 of the Code. Such drawing shall be held on March 21, 2002 at 10:00 a.m. in the Office of the City Secretary. Section 5. ELECTION PRECINCTS: In accordance with Section 42.061 of the Code, the City Council of the City hereby establishes its election precincts for all municipal elections. From and after the effective day of this Resolution, such precincts to be coterminous with the boundaries of the below listed election precincts established by the Denton County and Tarrant County Commissioner's Courts, to the extent such election precincts are within the corporate boundaries of the City of Southlake: Denton County Election Precinct No. 401 Tarrant County Election Precinct No. 3470 Tarrant County Election Precinct No. 3039 Tarrant County Election Precinct No. 3558 Tarrant County Election Precinct No. 3538 Tarrant County Election Precinct No. 3359 Tarrant County Election Precinct No. 3526 Tarrant County Election Precinct No. 3529 Tarrant County Election Precinct No. 3392 Tarrant County Election Precinct No. 3559 Tarrant County Election Precinct No. 3035 Section 6. POLLING PLACE: The polling place for the General Election for all precincts of the City shall be Southlake Town Hall, 1400 Main Street, (3 floor conference rooms), Southlake, 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 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 twice, on April 7, 2002 and April 14, 2002, in the newspaper in accordance with the provisions of the Code. Additionally, notice shall be posted no later than April 12, 2002 in the regular place for posting notice of meetings of the City Council of the City, and shall remain posted continuously through Election Day, May 4, 2002. Resolution No. 02 -005 Page 3 of 3 Section 9. CANVASSING OF RETURNS: The City Council shall convene on May 7, 2002, at 5:00 p.m. to canvass the returns of the general election. Section 10. RUNOFF ELECTION: In accordance with Section 2.025 (b) (2) of the Code, in the event no candidate received a majority of votes for an office, there shall be a runoff election held on June 1, 2002. Section 11. SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT: The Acting City Secretary 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, and the addition of voting precincts by Tarrant County Voter Registrar. Section 12. NECESSARY ACTIONS: The Mayor and the Acting 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 elections, whether or not expressly authorized herein. Section 13. EFFECTIVE DATE: This resolution shall be effective upon its adoption. PASSED AND APPROVED THIS THE 12 DAY OF FEBRUARY 2002. CITY OF SOUTHLAKE, TEXAS By: Mayor Rick Stacy ATTEST: Kim Bush Acting City Secretary APPROVED AS TO FORM: City Attorney