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Item 4FM E M O R A N D U M April 17, 2012 To: Shana Yelverton, City Manager From: Alicia Richardson, City Secretary Subject: Resolution No. 12-006A, Amending Resolution No. 12-006, which called for a General Election to be held May 12, 20112, to incorporate early voting polling locations, joint election contracts with Tarrant County Elections Administrator and Denton County Elections Administrator and modify Election Day polling location. Action Requested: Amend Resolution No. 12-006 to approve joint election contracts with Tarrant County and Denton County Elections Administrators and amend the Election Order to include early voting polling locations and modification of Election Day polling location. Background The Texas Election Code requires a governing body to order an nd election no later than the 62 day before the date of the election. st In 2009, the 81 Texas Legislature made a number of changes to st the election laws. Pursuant to the 81 Legislature, section 85.004 each of the Texas Election Code was amended to include that early voting polling location shall be included in the Election Order. At the time the election was ordered by City Council; early voting polling locations were not finalized and therefore not included in the Election Order. On January 17, 2012, City Council approved Resolution 12-006, calling the General Election. It is necessary to approve Resolution No. 12-006A, to amend the Election Order to incorporate:  joint election agreements with Tarrant and Denton County Elections Administrators;  early voting polling locations for the May 12, 2012 General Election; and  Tarrant County Election Day polling location - 1501 W. Southlake Boulevard. Information: Early Voting dates and hours shall be as follows: Tarrant County Voters Monday-Friday, April 30 – May 4 8:00 a.m. – 5:00 p.m. Saturday, May 5 7:00 a.m. – 7:00 p.m. Sunday, May 6 11:00 a.m. – 4:00 p.m. Monday – Tuesday, May 7 – May 8 7:00 a.m. – 7:00 p.m. Denton County Voters Monday-Friday, April 30 – May 4 8:00 a.m. – 5:00 p.m. Monday – Tuesday, May 9 – May 10 7:00 a.m. – 7:00 p.m. Denton County voters will experience no change in the early voting location and Election Day location at Trophy Club MUD, 100 Municipal Drive, Trophy Club. In addition to this early voting location, Denton County voters will be able to vote at any Denton County early voting location. The early voting locations for Denton County are identified in Attachment B of the contract. Tarrant County voters will experience no change in the early voting location at Southlake Town Hall. The new polling location on Election Day will be located at Carroll Senior High School, 1501 W. Southlake Boulevard. In addition to the Southlake Town Hall early voting location, Tarrant County voters will be able to vote at any early voting location within Tarrant County. The early voting locations for Tarrant County are identified in Attachment B of the contract. 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: N/A Legal Review: N/A Alternatives: N/A Supporting Documents: Resolution No. 12-006A Staff Recommendation: Approve Resolution No. 12-006A. RESOLUTION NO. 12-006A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE ELECTION ORDER APPROVED BY RESOLUTION NO. 12-006, TO INCORPORATE EARLY VOTING POLLING LOCATIONS AND JOINT ELECTION AGREEMENTS FOR ELECTION SERVICES WITH TARRANT COUNTY ELECTIONS ADMINISTRATOR AND DENTON COUNTY ELECTIONS ADMINISTRATOR; MODIFY ELECTION DAY POLLING LOCATION; 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 , City Council approved Resolution No. 12-006, ordering the General Election on January 17, 2012; and WHEREAS , City Council desires to amend the Election Order to incorporate early voting polling locations and joint election agreements for election services with Tarrant County Elections Administrator and Denton County Elections Administrator and modify the Election Day polling location. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The election order called on January 17, 2012, is amended to incorporate the early voting polling locations as provided by the joint election agreements for election services with Tarrant County Elections Administrator and Denton County Elections Administrator, attached hereto as Exhibit A. Section 2. The Contracts with Tarrant County Elections Administrator and Denton County Elections Administrator are attached hereto as Exhibit “B” and incorporated herein for all purposes, are hereby approved by the Southlake City Council, and hereinafter referred to as the “Agreements.” Section 3. The election order is further amended to modify the Tarrant County Election Day Polling location, which shall be located at Carroll Senior High School, 1501 W. Southlake Boulevard. Section 4. 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 5. Notice of the election shall be given as required by Chapter 4 of the Code. Section 6. 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 7. 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 8. This resolution shall be effective upon its adoption. th PASSED AND APPROVED this 17 day of April, 2012. CITY OF SOUTHLAKE, TEXAS ________________________ John Terrell, Mayor ATTEST: __________________________ Alicia Richardson, City Secretary EXHIBIT “A” The early voting polling locations for the May 12, 2012 General Election are attached: EXHIBIT “B” The joint election agreements for elections services with Tarrant County Elections Administrator and Denton County Elections Administrator for the May 12, 2012 General Election are attached: