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89-011CITY OF SOUTHLAKE, TEXAS RESOLUTION NO. 89-11 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS CALLING A GENERAL ELECTION TO BE HELD ON MAY 6, ]989, ESTABLISHING ELECTION PRECINCTS WITHIN THE CITY: APPOINTING AN ELECTION JUDGE AND AN ALTERNATE JUDGE: AUTHORIZING THE CITY SECRETARY TO MAKE SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT FOR PRE-CLEARANCE APPROVAl,: ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF THE ELECTION: ESTABLISHING A DATE FOR CANVASSING RETURNS: AND PROVIDING AN EFFECTIVE DATE. WHEPEASr Section 41.001 of the Texas Election Code (the "Co~e") specifies that the first Saturday in May shall be a "uniform election date" and that a genera] election of a city may be held cm such day; and, WHEREAS, by a resolution the first Saturday in May (May 6, 1989) has~ been adopted as the date of its genera] election; sDd, WH}iREAS, by this resolution, established the next to last Saturday i~, May (May 20, 1989) as the date for a runoff election shc~id one be required for the general election; and, WHEREAS, by this resolution, it is the ir~_tention of the City Ceunc[1 to officially establish the election precincts within the City, to designate ~ polling place for the election, to appoint~ the~ necessary election officers and to establish and ~ * zorth procedures for conducting the election; and, WHEREAS, the changes from prior practices may require pre-clearances under the Federal Voting Rights Act; NOW, THEREFORE, BE IT RESOLVED BY THE C~TY COUNCIL OF THE CITY OP SOUTHLAKE, TEXAS~ THAT: Section I~ Election Day. A general election sh~!] be held in the City of Southlake, Saturday, May 6, 1989, at which the following officers will be elected: MAYOR COUNCILPERSON PLACE NO. 1 COU~CiLPERSON PLACE NO. 2 Section 2. Term of office. In accordance with the City's Charter, the candidate for each office receiving a majority ~f votes fo~ such office £ba?] be elected for a term of two (2) years beginning May 6, 1989, or until a successor is duly electe.d and qualified. Section 3. Eligibility for Candidacy.. In accordance with th~ City's Char~er, no person shall bc eligible for the office of Mayor or Councilperson unless he/she is a qualified elector of the City and has resided in tile City fou at least twelve (12) months next preceding the election at which he/she is to be elected. Section 4. Application for a Place on the Ballot. In accordance with Section 143.007 of the Code, any eligible and qualified person may ha~e his name printed upon the official ballot as a candidate for the offices herein set forth by filing his sworn application with the City Secretary not earlier than February 20, ]989, and not later than 5:00 p.m. March 22, 1989. Each such application shall be on a form as 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 City Secretary as provided by Section 52.094 of the Code. Notice of the time and place for such drawing shall be given in accordance with the Code. Section 5. Runoff Election. In accordance with the Code, in the event that no candidate receives a majority of the votes for an office, there shall be a runoff election held on May 20, 1989. If a runoff election is necessary, it shall be ordered by the Mayor not later than five (5) days after the canvassing of the returns of the general election. Section 6. 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 frcm and after the effective date 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, and to be identified by the same number as the county precincts. The election precincts hereby adopted as the election precincts of the City are as follows: Denton County Election Precinct No. 3S Tarrant County Election Precinct No. 5035 Tarrant County Election Precinct No. 3039 Tarrant County Election Precinct NO. 3040 Tarrant County Election Precinct No. 3114 Tarrant County Election Precinct No. 3286 Tarrant County Election Precinct No. 3359 Section 7. Poilinq Place. The polling place for all election precincts of the City for all municipal elections from and after the effective date of this Resolution shall be City Hall, 667 North Carroll Avenue, Southlake~, Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m., in accordance with and pursuant to the requirements of the Code. Resolution ~89-11 2 Section 8. Appointment of Election Judge and Alternate Election Judge. Th~ following named individuals, residing at the respective addresses, are hereby appointed to serve as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the election: Presidi~g__Ju__ dge: Name: Address: Charles Curry 1203 Ridgewood Circle, Southlake, Tx 76092 Name: Alo~]a Payne Address: 1213 Whispering Lane, Southlake, Tx 76092 The Election Judge and the Alternate Judge shall be qualified voters of the City. The City Secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judge and the Alternate Presidin¢; Judge notice of their appointments not later than twenty (20) ~s from the effective date of this Resolution. Section 9. ~ointment of Clerks. The Presiding Judge for the polling place sh~.lz appoint Election Clerks and as many additionnl Clerks as are necessary for the proper conduct of the election. Provided, however, five (5) Clerks, shall be the maximum number cf Clerks which may be appointed to serve at the polling place. All Election Clerks shall be qualified voters of the City~ Section i0. ~.%]}~ensation of the Election Judge and Election Clerks. The Presiding Election Judge, Alternate Presiding Judge and each Election Clerk shall be compensated at the rate of $5.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judge shall also be paid the additional sum o~ $25~00 for delivering the returns of the election. Section ll. Method of votingn The City Secretar~~ is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the election. In accordance w~th this resolution. Voting at the election shall be by e!ec%ron[c ~oting machine and shall be condncted in accordance with tr~e Code. Section 12. 9~verning Law and Qua!ified 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 13. Publication and Posting of Notice. Notice cf the election shall be published once no earlier than April 6, 1989, and no later than April 26, 1989, in a newspaper ill accordance with the provisions of the Code, and shall be posted no later than April 17, 1989, in the regular place for posting notice of meetings of the City Council of the City. Resolution 989-11 3 Section 14. Absentee Voting. Absentee voting by personal appearance shall be conducted between the hours of 8:00 a.m. and 5: 00 p.m. on each day which is not a Saturday, Sunday, or an official State Holiday, beginning on April 17, 1989, and continuing through May 2, 1989, except on Saturday, April 22, the absentee polling place will be open from 10:00 a.m. to 2:00 p.m. Absentee voting by personal appearance shall be at tbs office of the City Secretary, 667 North Carroll Avenue, Southlake, Texas. Applications for absentee votin9 by mai] shall be delivered to the City Secretary at the same address not earlier than March 7, 1989, and n~.~t later th~n the close of business cn Apl;i! 28, 1989. Ab; ente'a voting, both by personal app,.atonce and hy mail, sha]! be hy paper ballots and shall be canvassed by 'the Abcentee Ballo~ Board, which is hereby created. The Pi esiding Election Judge and the Alternate Presiding Election Judge appointed herei:% sP.a!l serYe as the presiding officer and the al{ernr~te presiding officer, respectively, of the Absentee Ballot Beard. The other election officer serving at the election shall serve as the other members of the Absentee Ballot Board ~or the election. Section i5. Submissions to the United States Justice D(lp_ar_tme_n.~_t That the City Secretary of the City of Southlake is authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance approval for new precincts adced due to recent annexations and for additional lengah of the absentee voting period to include Saturday, April 22, from i0~00 a.m. ho 2:80 p~m. Section 16. Delivery of Returns. in accordance with Code, inm~ediatelv after the closing of the polls on the day of the election, tbs election officers named in this Resolution shall make and deliver the returns of the election in triplicate as follows: one copy shall be retained by the Presiding Judge, one copy shall be delrvered to the Mayor of the City, and ~ne copy of the returns, together with the ballot boxes and ail election supplies, she. Il be delivered to the Cmty Secretary. Ail election zecords and supplies shall be preserYed by the City Secretary in accordance with the Coc. e. S~.ction ] 7. .g?!!yassi?__g_ of Returns. The City Council shall convene on Mny 8, 1989, at 7~30 o'clock p,m. , to canvass the returns of the e}ection. Sec:rich 38. Necessary_ Actions. The Mayor and %he City Sec~etar_¥ of the City, in consultation with the City Attorn,ey, are hereby a~thor~zed and directed to take any and al! actions necessary to comply with the provisions of the Code in carIying out and conducting the election, whether or not expressly authorized herein. Resolution #89-11 4 Section 19. Effective Date. effective upon its adoption. PASSED AND APPROVED this the ATTEST: 'Sandra L. LeGrand City Secretary This Resolution shall be APPROVED AS TO FORM: day of', 2~/~ ., Jo] Any! ~ We~drholm, Mayo~ City Attorney City of Southlake, Resolution %89-11 5