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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