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HomeMy Public PortalAboutResolution No. 185-02 10-22-2002 • RESOLUTION NO. 185-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, CALLING FOR A SPECIAL ELECTION TO BE HELD ON FEBRUARY 1, 2003 TO ELECT ONE (1) COUNCILMEMBER IN PLACE 4 FOR THE UNEXPIRED PORTION OF THE TWO-YEAR TERM; ESTABLISHING PROCEDURES FOR THAT ELECTION; APPOINTING THE ELECTION OFFICIALS; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, Jeff Winkler submitted a letter of resignation from Council Place 4 on Monday, October 21, 2002; and, WHEREAS, the City Council accepted Mr. Winkler's resignation on Tuesday, October 22, 2002 and declared a vacancy in Council Place 4; and, WHEREAS, Section 201.023 of the Election Code provides that if an officer submits a resignation, whether to be effective immediately or at a future date, a vacancy occurs on the date the resignation is accepted by the appropriate authority or on the eighth day after the date of its receipt by the authority, whichever is earlier; and, • WHEREAS, Section 5.09 of the City Charter requires a special election be held to fill the vacancy; and, WHEREAS, Section 201.051 of the Election Code provides that if a vacancy of an office is to be filled by special election, the election shall be ordered as soon as practical after the vacancy occurs; and, WHEREAS, Section 201.052 of the Election Code provides that a special election to fill a vacancy shall be held on the first authorized uniform election date occurring on or after the 30th day after the date the election is ordered; and, WHEREAS, February 1, 2003 is designated as a uniform election day; and, WHEREAS, by this resolution, it is the intention of the City Council to designate a polling place for the election, to establish and set forth procedures for conducting the election; and, to appoint the necessary election officers to conduct the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, THAT: • • RESOLUTION NO. 185-02 Page 2 of 2 Section 1. Election Order. A special election shall be held on February 1, 2003 in the City of Richland Hills to elect one (1) Councilmember in Place 4 for the unexpired portion of a two-year term. Section 2. Polling Place. The designated polling place for the Special Election shall be as follows: City Hall 3200 Diana Drive Richland Hills, Texas The polls shall be open from 7:00 a.m. to 7:00 p.m. on February 1, 2003, in accordance with and pursuant to the requirements of the Texas Election Code (the "Code"). The City shall constitute a single election precinct for said election. Section 3. Filing Dates. In accordance with Section 201.054 of the Code, eligible persons wishing to become candidates must file an application with the City Secretary of the City • of Richland Hills, Texas, and may do so beginning at 8:00 a.m. on December 2, 2002 and continue through January 2, 2003 unti15:00 p.m. Each application shall be on a form meeting the requirements of Section 141.031 of the Code. Section 4. Appointment of Election Judge and Alternate Election Judge. The following named individuals are hereby appointed to serve as Presiding Election Judge and Alternate Presiding Judge, respectively, at the election. Presiding Election Judge: Ralph Houy 2616 Willow Park Richland Hil1s,TX 76118 Alternate Presiding Judge: Ruby Dillon 7516 Evelyn Richland Hills, TX 76118 The Presiding Election Judge and Alternate Presiding 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 Election Judge and the Alternate Presiding Judge notice of their appointments not later than twenty (20) days from the effective date of this Resolution. • • RESOLUTION NO. 185-02 Page 3 of 3 Section 5. Appointment of Clerks. The Presiding Election Judge for the polling place shall appoint Election Clerks and as many additional Clerks as are necessary for the proper conduct of the election. Provided, however, five (5) clerks shall be the maximum number of Clerks which may be appointed to serve at the polling places. Section 6. Compensation of the Election Judges and Election Clerks. The Presiding Election Judge, Alternate Presiding Judge and each Election Clerk shall be compensated at the rate of $6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judges shall also be paid the additional sum of $25.00 for delivering the returns of the election. Section 7. Method of Voting. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the General Election, in accordance with this resolution. Voting at the election shall be by OPTECH III P electronic voting machines and shall be conducted in accordance with 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 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. Early Voting. The City Secretary is hereby appointed as Early Voting Clerk and she may appoint the necessary deputy clerks as required for early voting. Early 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 or Sunday, or an official holiday, beginning on January 15, 2003 and continuing through January 28, 2003. Early voting by personal appearance shall be at Richland Hills City Hall, 3200 Diana Drive, Richland Hills, Texas. Early voting, both by personal appearance and by mail, shall be by paper ballots and shall be canvassed by the Early Voting Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Judge appointed herein shall serve as the presiding officer and the 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 for the election. Section 11. Submission to the United States Justice Department. The City Secretary of the City of Richland Hills, or the Ciry Attorney, are authorized to make such submission as are • necessary to the United States Justice Department to seek pre-clearance as required by law. • RESOLUTION NO. 185-02 Page 4 of 4 Section 12. Delivery of Returns. In accordance with the Code, immediately after the closing of the polls on the day of the election, the 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 Election Judge; one copy shall be delivered to the Mayor of the City; and one copy of the returns, together with the ballot boxes and all election supplies, shall be delivered to the City Secretary. All election records and supplies shall be preserved by the City Secretary in accordance with the Code. Section 13. Effective Date. The resolution shall be effective upon its adoption. PASSED AND APPROVED by the City Council of the City of Richland Hills, Texas, by a vote of 4 ayes, o nays and o abstentions this 22nd day of October, 2002. APPROVED: v LDA S. STRODER, MAYOR ATTEST: T WILLIS, CMC, CITY SECRETARY