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HomeMy Public PortalAboutResolution No. 203-03 07-22-2003 • RESOLUTION 203-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, CALLING FOR A SPECIAL ELECTION TO BE HELD ON SEPTEMBER 13, 2003 AND ESTABLISHING PROCEDURES FOR THAT ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interests of the City to convey land owned by the City which is currently being used as a City Park, specifically, Creek Trail Park, in order to facilitate and encourage needed commercial development within the City, by creating an area that is suitable in location and size for a significant commercial development; and WHEREAS, Section 253.001 of the Texas Local Government Code provides that the City Council may so convey such land provided the issue is submitted to the qualified voters of the City at an election and approved by a majority of the votes received at such election; and WHEREAS, the Texas Election Code provides that all elections shall be held on a uniform election day; and WHEREAS, as the second Saturday in September, Saturday, September 13, 2003 is • designated as a uniform election day by the Texas Election Code; and WHEREAS, by this Resolution, it is the intention of the City Council to call such an election, designate a polling place for the election, appoint the necessary election officers and establish and set forth procedures for conducting the election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, THAT: Section 1. Election Order. A special election shall be held in the City of Richland Hills on Saturday, September 13, 2003, for the purpose of seeking voter approval to permit the City Council to sell and convey certain land owned by the City which is currently being used as a City Park, specifically, Creek Trail Park. The sole proposition on the ballot shall be as follows: "Shall the City Council of the City of Richland Hills be authorized to sell and convey the land currently being used for city park purposes as Creek Trail Park, and to apply all proceeds to acquire and improve other property for park purposes?" • • Section 2. Polling Place. The City shall constitute a single election precinct for said election. The polling place for the Special Election shall be as follows: City Hall 3200 Diana Drive Richland Hills, Texas Section 3. Time Polling Places are to be Open. The polls shall be open from 7:00 a.m. to 7:00 p.m. on Saturday, September 13, 2003, in accordance with and pursuant to the requirements of the Texas Election Code (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 Name: Alternate Presiding Judge Name: 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. • 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 this Special 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 • RESOLUTION CALLING SPECIAL ELECTION TO AUTHORIZE SALE OF PARK LAND Page 2 C:\windows\TEMP\Sale of Park Land Special Eledion.wpd • 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 State Holiday, beginning on Wednesday, August 27 2003 and continuing through Tuesday, September 9, 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 city attorney, are authorized to make such submission as are necessary to the United States Justice Department to seek pre-clearance as required by law. Section 13. 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 14. Effective Date. This resolution shall be effective upon its adoption. Passed and Approved this v~a- day of July, 2003. CITY OF RICHLAND HII,LS, TEXAS The Honorable Nelda Stroder, Mayor • RESOLUTION CALLING SPECIAL ELECTION TO AUTHORIZE SALE OF PARK LAND Page 3 C:lwindows\TEMP4Sale of Park Land Special Eledion.wpd • Attest: . ' , ity Secretary Approved as to form and legality: Tim G. Sralla, City Attorney • • RESOLUTION CALLING SPECIAL ELECTION TO AUTHORIZE SALE OF PARK LAND Page 4 C:\windowslTEMP\Sale of Park Land Special Eledion.wpd