Item 4MCITY OF
SOUTHLAK-
MEMORANDUM
February 12, 2015
To: Shana Yelverton, City Manager
From: Lori Payne, City Secretary
Item 4M
Subject: Resolution No. 15-009, Call a General Election and a Special
Election for May 9, 2015
Action
Requested: Approve Resolution No. 15-009 to call a General Election and a
Special Election for May 9, 2015.
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 2015 General Election will determine the positions of Mayor
and City Council, Place 2. These positions are elected for a three-
year term and will expire in May 2018 or until their successors are
duly elected and qualified. The filing period for the General Election
began January 28, 2015 and concludes at 5.00 p.m. on February
27, 2015.
There will also be a Special Election held for Place 5 due to the
resignation of Laura Hill. Place 5 has an unexpired term which
expires in May 2016. Once City Council calls this Special Election
on February 17, 2015, the filing period will begin February 18, 2015
and will conclude at 5.00 p.m. on March 9, 2015.
This resolution authorizes the Mayor to enter into agreements with
Denton County and Tarrant County to conduct a joint election with
other entities (municipalities and school districts) conducting their
election on May 9, 2015. Each entity included in the joint election
benefits from the Counties 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 once received from the
Counties.
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
located at 100 Municipal Drive in Trophy Club.
Early voting by personal appearance begins April 27, 2015 and
concludes on May 5, 2015. The hours of the polling locations 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 located at 1501 West Southlake Boulevard and Denton
County residents will vote at the Trophy Club Municipal Building
located at 100 Municipal Drive in Trophy Club.
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. 15-009
Staff
Recommendation: Approve Resolution No. 15-009 to call a General Election and a
Special Election for May 9, 2015.
RESOLUTION NO. 15-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE
HELD ON MAY 9, 2015; CALLING FOR A SPECIAL ELECTION TO BE
HELD ON MAY 9, 2015; ESTABLISHING PROCEDURES FOR THOSE
ELECTIONS; 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, Section 201.051 (a) of the Texas Election Code provides if a
vacancy in office is to be filled by special election, the election shall be ordered as soon
as practicable after the vacancy occurs; 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 271.002-1 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 2015 until May 2018 or until their
successors are duly elected and qualified. The election shall be held on May 9, 2015
between the hours of 7.00 a.m. and 7.00 p.m.
Tarrant County Precincts Voting Location
3039, 3359, 3470, 3526, 3529, 3538 Carroll Senior High School
3545, 3558, 3579 and 3626 1501 West Southlake Boulevard
Denton County Precinct
4030
Southlake, Texas
Voting Location
Trophy Club MUD
100 Municipal Drive
Trophy Club, Texas
Section 2. Special Election Called. A special election is hereby called to elect the
office of City Council, Place 5, to serve from May 2015 until May 2016 or until the
successor is duly elected and qualified. The special election shall be held on May 9,
2015 between the hours of 7:00 a.m. and 7:00 p.m.
Tarrant County Precincts
3039, 3359, 3470, 3526, 3529, 3538
3545, 3558, 3579 and 3626
Denton County Precinct
4030
Voting Location
Carroll Senior High School
1501 West Southlake Boulevard
Southlake, Texas
Voting Location
Trophy Club MUD
100 Municipal Drive
Trophy Club, Texas
Section 3. Joint Election Agreements Approved. The Mayor is authorized to 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"). In the event of a conflict between this resolution and the
Agreement, the Agreement shall control.
Section 4. Application for Place on Ballot. General Election: Qualified persons may
file as candidates by filing applications in the office of the City Secretary from January
28, 2015 until 5:00 p.m. on February 27, 2015. Special Election: Qualified persons may
file as candidates by filing applications in the office of the City Secretary from February
18, 2015 until 5:00 p.m. on March 9, 2015.
Section 5. Early Voting.
a. Early voting by personal appearance. Early voting by personal
appearance shall commence April 27, 2015 and continue through May 5, 2015 at the
locations established by Tarrant County and Denton County on the dates and times as
follows or as may be amended by either county:
Tarrant Count
April 27, 2015 — May 1, 2015 8:00 a.m. — 5:00 p.m.
May 2, 2015 7:00 a.m. — 7:00 p.m.
May 3, 2015 11:00 a.m. — 4:00 p.m.
May 4 — 5, 2015 7:00 a.m. — 7:00 p.m.
Denton County
April 27, 2015 — May 1, 2015 8:00 a.m. — 5:00 p.m.
May 2, 2015 8:00 a.m. — 5:00 p.m.
May 4 — 5, 2015 7:00 a.m. — 7:00 p.m.
The main early voting locations shall be located at:
• Tarrant County Elections Center, 2700 Premier Street, Fort Worth, Texas 76111
• Denton County Elections Center, 701 Kimberly Drive, Denton, Texas 76208
Early Voting for Southlake Tarrant County residents will also be conducted at Southlake
Town Hall, 1400 Main Street, in Southlake.
Early Voting for Southlake Denton County residents will be conducted at Trophy Club
MUD, 100 Municipal Drive in Trophy Club. 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: Frank Phillips, the Tarrant
County Elections Administrator (Elections Administrator), or his designee, 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 10,
2015 and not later than April 30, 2015 if delivered by mail. Early voting by mail ballots
shall be mailed to the Elections Administrator at the same address.
For Denton County: Lannie Noble, the Denton County Elections 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 10, 2015 and not later than April 30, 2015, if delivered by mail.
Early voting by mail ballots shall be mailed to the Elections Administrator at the same
address.
C. Early voting canvassing 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 6. 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 13, 2015. The polling place on Election Day for the runoff
election shall be at the same polling places as those of the original election, and the
hours of voting shall be between 7:00 a.m. and 7:00 p.m. Early voting by personal
appearance shall be held at the same locations set out in Section 4, beginning on June
1, 2015 and continue through June 9, 2015 at the locations established by Tarrant
County and Denton County on the dates and times as follows or as may be amended by
either County:
Tarrant County
June 1, 2015 — June 5, 2015
June 6, 2015
June 7, 2015
June 8 - 9, 2015
Denton County
June 1, 2015 — June 5, 2015
June 6, 2015
June 8 - 9, 2015
8:00 a.m. — 5:00 p.m.
7:00 a.m. — 7:00 p.m.
11:00 a.m. — 4:00 p.m.
7:00 a.m. — 7:00 p.m.
8:00 a.m.
— 5:00 p.m.
8:00 a.m.
— 5:00 p.m.
7:00 a.m.
— 7:00 p.m.
Section 7. 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 8. Governing Law and Qualified Voters. The election shall be held in
accordance with the Constitution of the State of Texas and the Election Code, and all
resident qualified voters of the City shall be eligible to vote at the election.
Section 9. Publication and Posting of Notice of Election. Notice of the election
shall be given as required by Chapter 4 of the Code.
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 17t" day of February, 2015.
CITY OF SOUTHLAKE, TEXAS
Mayor
John C. Terrell
ATTEST:
Lori Payne
City Secretary