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Item 4KItem 4K M E M O R A N D U M January 17, 2012 To: Shana Yelverton, City Manager From: Alicia Richardson, City Secretary Subject: Resolution No. 12-006, Call a General Election for May 12, 2012 Action Requested: Approve Resolution No. 12-006 to call the General Election for May 12, 2012. Background Information: The City Secretary’s Office is responsible for conducting municipal elections as prescribed by the Election Code of the State of Texas and the City of Southlake’s City Charter. Chapter 2 of the City Charter states that the governing and lawmaking body of the City shall consist of the Mayor and six Council members who shall be elected for terms of three years. All places, including the Mayor, will be elected at large. No person shall serve as Mayor or as a Council member for more than two successive elected terms. A term of office is defined as an elected period of three years. Pursuant to Section 3.004 of the Texas Election Code, the governing body of a political subdivision shall order the General Election. An election may only be held on a uniform election date— second Saturday in May or the first Tuesday after the first Monday in November. The City Charter states that a regular City Election shall be held annually in May. The 2012 General Election will determine the positions of Mayor and Place 2. These positions are elected for a three-year term and will expire in May 2015. The filing period for the 2012 General Election is February 4, 2012 th through March 5, 2012; however, since the 4 falls on a Saturday, the first business day to file is February 6, 2012. Candidates will file their completed application with the City Secretary’s Office during business hours. The City will enter into an agreement with Denton and Tarrant County to conduct a joint election with other entities (municipalities and school districts) conducting their election on May 12, 2012. Each entity included in the joint election benefits from the county providing election services. In addition to reduced costs, Southlake residents may go to any early voting location located within their county. A complete listing of early voting locations will be on the City’s website immediately following the candidate filing deadline of March 5, 2012. Town Hall will continue to be an early voting location for Tarrant County residents. Southlake residents who are located in Denton County may vote early at the Trophy Club Municipal Building, which is located at 100 Municipal Drive, Trophy Club, Texas. Early voting by personal appearance begins April 30, 2012 and concludes on May 8, 2012. Generally, polling locations will be open from 8:00 a.m. to 5:00 p.m. On Election Day, the polling location will be open from 7:00 a.m. to 7:00 p.m. Tarrant County residents will vote at Carroll High School and Denton County residents will vote at the Trophy Club Municipal Building. Staff will bring forward a resolution for Council’s approval to enter into an agreement with Denton and Tarrant County. After the candidate filing deadline of March 5, 2012, the counties will provide a finalized agreement outlining each entities pro-rata share to conduct the joint election. Financial Considerations: Funds for elections are included in the City Secretary’s Office budget. Strategic Link: B4: Provide high quality customer service Citizen Input/ Board Review: None Legal Review: Resolution provided to legal counsel for review. Alternatives: None. Supporting Documents: Resolution No. 12-006 Staff Recommendation: Approve Resolution No. 12-006 to call the General election RESOLUTION NO. 12-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 12, 2012 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 12, 2012, at which time the voters will elect persons to fill the offices of Mayor and City Council Place 2; 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 Mayor and City Council Place 2 to serve from May 2012 until May 2015 or until their successors are duly elected and qualified. The election shall be held on May 12, 2012 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 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 4, 2012 through March 5, 2012. Section 4. Early Voting. a. Early voting by personal appearance. Early voting by personal appearance shall commence April 30, 2012 and shall continue until May 8, 2012 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. 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 13, 2012 and not later than close of business on April 27, 2012, if delivered in person, and May 4, 2012 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 13, 2012 and not later than close of business on April 27, 2012, if delivered in person, and May 4, 2012 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. th PASSED AND APPROVED this 17 day of January, 2012. 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.