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