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Item 4MCITY OF SOUTHLAKE MEMORANDUM February 5, 2013 To: Shana Yelverton, City Manager From: Alicia Richardson, City Secretary Item 4M Subject: Resolution No. 13-004, Call a General Election for May 11, 2013 Action Requested: Approve Resolution No. 13-004 to call the General Election for May 11, 2013. 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 2013 General Election will determine the positions of City Council for Places 3, 4 and 5. These positions are elected for a three-year term and will expire in May 2016 or until their successors are duly elected and qualified. The filing period for the 2013 General Election began January 30, 2013 and concludes on March 1, 2013. Candidates will file their completed application with the City Secretary's Office during the business week between the hours of 8.00 a.m. and 5.00 p.m. This resolution authorizes the City to 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 11, 2013. 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 1, 2013. 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 29, 2013 and concludes on May 7, 2013. The hours of the polling location will be placed on the City's website as soon as they become available from the Counties. Generally, polling locations are open from 8.00 a.m. to 5.00 p.m., Monday through Friday; 7.00 a.m. — 7.00 p.m. on Saturday; 11.00 a.m. — 4.00 p.m. on Sunday and 7.00 a.m. — 7.00 p.m. on the last two days of early voting. 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 Senior High School and Denton County residents will vote at the Trophy Club Municipal Building. 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: Resolution provided to legal counsel for review. Alternatives: None. Supporting Documents: Resolution No. 13-004 Staff Recommendation: Approve Resolution No. 13-004 to call the General election RESOLUTION NO. 13-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 11, 2013 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 City of Southlake Charter provides that City Elections shall be held in accordance with the laws of the State of Texas; and WHEREAS, Section 41.001(a) of the Texas Election code, as amended by the 82nd Texas Legislature, establishes the second Saturday in May as a Uniform Election date for the purposes of conducting a General Election; and WHEREAS, Section 3.004(b) of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a General Election for the purposes of electing members to the governing body; and WHEREAS, the City will enter into joint election agreements and contracts for election services with Tarrant County and Denton County pursuant to Texas Election Code Sections 31.092 and 271.002; 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 Places 3, 4 and 5 to serve from May 2013 until May 2016 or until their successors are duly elected and qualified. The election shall be held on May 11, 2013 between the hours of 7:00 a.m. and 7:00 p.m. at Carroll Senior High School, 1501 West Southlake Boulevard, Southlake, Texas and locations set forth in the Agreement 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. The City 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 January 30, 2013 through March 1, 2013. Section 4. Early Voting. a. Early voting by personal appearance. Early voting by personal appearance shall commence April 29, 2013 and shall continue until May 7, 2013. The main early voting locations shall be located at: Tarrant County Elections Center, 2700 Premier Street, Fort Worth, Texas 76111 Denton County Elections, 701 Kimberly Drive, Denton, Texas 76208 For Southlake Tarrant County residents, Early Voting will also be conducted at Southlake Town Hall, 1400 Main Street, Southlake, Texas. For Southlake Denton County residents, Early Voting shall be conducted at Trophy Club MUD, 100 Municipal Drive, Trophy Club, Texas. Additional early voting locations will be identified in the Agreements executed with the Tarrant County Elections Administrator and Denton County Elections Administrator. 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 12, 2013 and not later than May 3, 2013 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, 701 Kimberly Drive, Denton, Texas 76208, not earlier than March 12, 2013 and not later than May 3, 2013, 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. Runoff Election: In accordance with Section 2.025 of the Texas Election Code, in the event no candidate receives a majority of votes for an office, there shall be a runoff election held on June 15, 2013. Section 6. 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 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 given as required by Chapter 4 of the Code. Section 9. 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 10. 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 11. Effective Date. This resolution shall be effective upon its adoption. PASSED AND APPROVED this 5tn day of February, 2013. CITY OF SOUTHLAKE, TEXAS Mayor John Terrell ATTEST: Alicia Richardson City Secretary