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Home My Public Portal AboutResolution No. 186-02 12-10-2002 RESOLUTION NO. 186-Oa, • A RESOLUTION OF THE CITY OF RICHLAND HILLS, TEXAS ORDERING A SPECIAL ELECTION TO BE HELD ON FEBRUARY 7, 2004, TO DETERMINE THE QUESTION OF WITHDRAWAL OF THE CITY FROM THE FORT WORTH TRANSPORTATION AUTHORITY; DESIGNATING A POLLING PLACE; APPOINTING AN ELECTION JUDGE AND AN ALTERNATE JUDGE; PROVIDING FOR NOTICE; PROVIDING FOR EARLY VOTING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Article 1118y, Vernon's Texas Civil Statutes, the City of Kichland Hills previously held an election at which the voters approved inclusion in the Fort Worth Transportation Authority and authorized a''/z cent sales and use tax in the City; and WHEREAS, the City Council desires to submit to the voters the question of withdrawal of the City of Richland Hills from the Fort Worth Transportation Authority; and WHEREAS, pursuant to Texas Transportation Code Chapter 452, the question of withdrawal of the City of Richland Hills from the Fort Worth Transportation Authority may be determined only by an election on the question submitted to the voters no sooner than the first uniform election date after the expiration of 12 months from the time the election is called; • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. ORDER The City Council hereby orders a special election to be held on February 7, 2004, that date being the first uniform election date after the expiration of 12 months from the date of this order, as provided by Section 452.655 of the Texas Transportation Code. SECTION 2. PURPOSE The purpose of the special election is to d :;termine whether the City will withdraw from the Fort Worth Transportation Authority. As require~~ by Section 452.655 of the Texas Transportation Code, the following proposition shall be submitted to the vo~ers of the City at the election: "Shall the Fort Worth Transportation Authority be cor~;inued in the City of Richland Hills?" • SECTION 3. TIME AND PLACE OF VOTING The polling place for the General Election shall be as follows: Richland Hills City Hall 3200 Diana Drive Richland Hills, Texas The polls shall be open from 7:00 a.m. to 7:00 p.m. on Saturday, February 7, 2004, 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 4. ELECTION SUPPLIES The City Secretary is directed to provide all necessary election supplies to conduct the election. SECTION 5. GOVERNING LAW • The election shall be held in accordance with the Constitution of the State of Texas and the Texas Election Code. SECTION 6. 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 State Holiday, beginning on Wednesday, January 21, 2004 and continuing through Tuesday, February 3, 2004. 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. • ORDER OF ELECTION REGAR:iING WITHDRAWAL FROM11 FORT ~'~'ORTH TRANSPORTATION AUTHORITY Page 2 W:ARichland Hills~Resolution\FW Trans .Authority.~~~pd SECTION 7. EARLY VOTING BY MAIL The above described place for early voting is also the early voting clerk's address to which ballot applications and ballots voted by mai 1 may be sent. Applications for early voting by mail shall be delivered to the City Secretary at Richland Hills City Hall, 3200 Diana Drive, Richland Hills, Texas, in the manner and within the time periods prescribed by the Texas Election Code. SECTION 8. METHOD OF VOTING Voting at the election shall be by OPTECH III P electronic voting machines or other electronic voting machines designated by the Tarrant County Election Administrator, and shall be conducted in accordance with the Texas Election Code. SECTION 9. 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's Name: • Presiding Election Judge's Address: Alternate Presiding Judge's Name: ~-~f- C~- ~a~'_ Alternate Presiding Judge's Address: The Presiding Election Judge and Alternate Presiding Judge shall be qualified voters of the City. In the event that either of said persons does not qualify, refuses to serve, or resigns prior to the scheduled election date, a substitute will be selected as authorized by the Texas Election Code. The City Secretary shall, in accordance with Section 32.009 ofthe Election Code, deliverto 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. SECTION 10. APPOINTMENT OF ELECTION CLERKS The Presiding Election Judge for the polling place shall appoint at least two (2) Election Clerks and as many additional Clerks as are necessary for the proper conduct of the election, provided, however, that five (5) clerks shall be the maximum number of Clerks which may be appointed to serve at the polling place. • ORDER OF ELECTION REGARDING WITHDRAWAL FROM FORT WORTH TRANSPORT,4TION AUTHORITY Page 3 W:1Richland Hills\Resolution\FW Trans Authority.wpd • SECTION 11. 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 Texas Election Code. The Presiding Election Judges shall also be paid the additional sum of $25.00 for delivering the returns of the election. SECTION 12. SUBMISSION TO THE UNITED STATES JUSTICE DEPARTMENT The City Secretary or the city attorney, are authorized to make such submission as are necessary to the United States Justice Department to seek preclearance as required by law. SECTION 13. DELIVERY OF RETURNS In accordance with the Election 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 14. CANVASSING OF RETURNS The City Council shall convene on Tuesday, February 10, 2004 at 7:30 p.m. o'clock, to canvass the returns of the election. SECTION 15. NOTICE Upon adoption ofthis Resolution, the City Secretary is directed to give notice ofthis election in accordance with the Texas Election Code. Returns of the election shall be made to the City Council as soon as practicable after the closing of the polls. SECTION 16. SPECIFIC NOTIFICATIONS Upon adoption ofthis Resolution, the City Secretary is directed to immediately give notice of the election to the executive committee of the Fort Worth Transportation Authority, the Texas Department of Transportation, and the Texas Comptroller of Public Accounts, by delivering to them a copy ofthis Resolution. • ORDER OF ELECTION REGARDING WITHDRAWAL FROM FORT WORTH TRANSPORTATION AUTHORITY Page 4 W:ARichland Hills\Resolurion\FW Trans Authority wpd • SECTION 17. AUTHORIZATION OF NECESSARY ACTIONS The Mayor and the City Secretary, in consultation with the City Attorney, are authorized and directed to take all actions necessary to comply with the provisions of the Texas Election Code, the Richland Hills City Charter and City Code, Chapter 452 of the Texas Transportation Code, and any other applicable law, in carrying out and conducting the election, whether or not expressly authorized by this Resolution. SECTION 18. EFFECTIVE DATE This Resolution shall be effective upon its adoption. PASSED AND APPROVED this -J~~~ day of ~k C~~~ , 2002. CITY OF RICHLAND HILLS, TEXAS ~ ~ y~ ~ T e Honorable Nelda Stroder, Mayor • ATTEST: Terri Willis, C' y Secretary APPROV S TO F AND LEGALITY: ~'Y3-~ Tim G. Sralla, City Attorney ORDER OF ELECTION REGARDING WITHDRAWAL FROM FORT WORTH TRANSPORTATION AUTHORITY Page 5 W:\Richland Hills\Resolution\FW 'Trans Authority wpd