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HomeMy Public PortalAboutResolution No. 252-06 02-14-2006 • RESOLUTION N0.252-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, ORDERING AN ELECTION FOR THE OFFICES OF THE MAYOR, COUNCILMEMBER PLACES 2 AND 4; AND ORDERING A SPECIAL ELECTION TO DETERMINE THE ALLOCATION OF SALES TAX COLLECTED FOR ECONOMIC DEVELOPMENT PURPOSES TO BE HELD ON SATURDAY, MAY 13, 2006; ESTABLISING PROCEDURES FOR THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, May 13, 2006, is designated as a uniform election day; and WHEREAS, by this resolution, it is the intention of the City Council to call the 2006 General Election as required by the City Charter and by other law, designate a polling place for the election, and establish and set forth procedures for conducting the election; and WHEREAS, by this resolution, it is the intention of the City Council to call a Special Election to determine the allocation of sales tax collected for economic development purposes and approved by the voters in 1995, and amended by the voters in 2005; and • WHEREAS, Unless one or more of the entities qualify under provisions of the Texas Election Code to cancel their election or Tarrant County fails to call their election, the City of Richland Hills and the Birdville Independent School District shall hold a joint election on Saturday, :May 13, 2006, for the purpose of electing members of the Richland Hills City Council, Trustees to the Birdville ISD Board of Trustees and a City of Richland Hills proposition; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, THAT: Section 1. Election Order for General Election. The City Council hereby orders that a general election shall beheld in the City of Richland Hills on Saturday, May 13, 2006, at which the following officials will be elected: Mayor Councilmember, Place 2 Councilmember, Place 4 Section 2. Election Order for Special Election. The City Council hereby orders that a special election shall be held in the City of Richland Hill on Saturday, May 13, 2006, at which there shall be submitted to the qualified voters of Richland Hills for adoption or rejection the following ballot proposition: • W:\Richland Hills\Resolutions\Resolution calling 2006 May election.CL.doc Page 1 • Should a restriction on expenditures of funds raised by the existing one-half of one percent sales and use tax within the city for the Richland Hills Development Corporation, an economic development corporation created pursuant to Section 4B of the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes, as amended, providing that "expenditures of the proceeds for economic development, parks and park facilities shall be limited to one and one-half percent (1- 1/2%) of annual proceeds collected" be removed, to permit the proceeds thereof to be used and applied in any manner and purpose authorized by Section 4B of the Act, including but not limited to projects for the promotion of professional and amateur athletics and sports including stadiums, ball parks, auditoriums, projects related to entertainment, convention, tourist, and exhibition facilities, amphitheaters, concert halls, and public parks, park facilities and events, open space improvements, primary job training facilities for use by institutions of higher education, research and development facilities, regional or national corporate headquarters facilities, museums and related stores, restaurant, concession, and automobile parking facilities, related area transportation facilities, and related roads, streets, and water and sewer facilities, recycling facilities, and projects to promote new or expanded business enterprises that create or retain primary jobs, and public safety facilities, streets and roads, drainage, and related improvements, demolition of existing structures, development and expansion of affordable housing, and targeted infrastructure and any other improvements, expenditures, or facilities that are related to any of the above projects and any other project that the board determines will promote new or expanded business enterprises that create or retain primary jobs, and the maintenance and operations expenses for any of the above described projects. YES • NO Section 3. Polling Place. The polling place for the Election shall be as follows: Richland Hills Community Center 3204 Diana Drive Richland Hills, Texas The polls shall be open from 7:00 a.m. to 7:00 p.m. on May 13, 2006, 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. Filing Dates. In accordance with Section 143.007 of the Code, eligible persons wishing to be come candidates must file an application with the City Secretary of the City of Richland Hills, Texas, on or before the 13th day of March 2006 until 5:00 o'clock p.m. Each application shall be on a form meeting the requirements of Section 141.031 of the code. Section 5. Combined Ballots. Combined ballots may be utilized containing all of the offices and propositions to be voted on at each polling place, provided that no voter shall be given a ballot or • permitted to vote for any office or proposition on which the voter is ineligible to vote. The County's voting equipment will be utilized for this election. W:\Richland Hills\Resolutions\Resolution calling 2006 May election.CL.doc Page 2 • Section 6. Early Voting. Early Voting by personal appearance shall be conducted at the County's Main Early Voting location; Muller Building 600 W. Weatherford Street Fort Worth, Texas 76111 and branch offices for early voting by personal appearance shall be established as outlined in the election agreement with Tarrant County. Gayle Hamilton, Tarrant County Interim Elections Administrator, is hereby appointed as the Early Voting Clerk and can appoint the necessary deputy clerks as required for early voting. In accordance with Section 85.001 of the Texas Election Code, early voting by personal appearance shall be as set forth below: May 1 through May 5 (Monday -Friday) 8:00 a.m. to 5:00 p.m. May 6 (Saturday) 7:00 a.m. to 7:00 p.m. May 7, 2006 (Sunday) 11:00 a.m. to 4:00 p.m. May 8, 2006 through May 9 (Monday -Tuesday) 7:00 am. to 7:00 p.m. For the purpose of processing ballots cast in early voting, the election officers for the early voting ballot board shall be appointed and designated in accordance with the provisions of the election agreement with the Tarrant County Elections Administrator. • Application for ballot by mail maybe sent beginning March 14, 2006, but received no later than May 5, 2006, and mailed to: Gayle Hamilton Early Voting Clerk 100 Weatherford P. O. Box 961011 Fort Worth, Texas 76161-0011 Section 7. Notice. Notice of said election shall be given as required by the Texas Election Code. Section 8. Election Officials. The election judge, alternate election judge, and ballot board will be appointed by the Tarrant County Elections Administrator, as permitted by law. The presiding judge shall appoint elections clerks as maybe necessary for the proper conduct of the election. The election judge, or the alternate election judge in the absence of the election judge, and the election clerks shall constitute the early voting ballot board. The election judge, and alternate election judge, and election clerks shall be qualified voters of the city. Section 9. Governing Law. The election shall be held in accordance with the Constitution of the State of Texas and the Texas Election Code, and all resident qualified voters of the City shall be eligible to vote at the election. W:ARichland Hills\Resc~lutions\Resolution calling 2006 May election.CL.doc Page 3 Section 10. Submission to the United States Justice Department. The City Secretary of • the City of Richland Hills, Texas, or the City Attorney, is authorized to snake such submissions as are necessary to the United States Justice Department to seek pre-clearance as required by law. Section 11. 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 City Charter, and the City Code in carrying out and conducting the election, whether nor not expressly authorized by this Order. Section 12. Severabilitv Clause. It is hereby declared to be the intention of the City Co~jncil that the sections, paragraphs, sentences, clauses and phrases of this order are severable and if~ any phrase, clause, sentence, paragraph, or section shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this order, since the same would have been enacted by the City Council without the incorporation in this order of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Section 13. Effective Date. This order shall be effective upon its adaption. PASSED AND APPROVED by the City Council of the City of Richland Hills, Texas, by a vote of _ ayes, ,nays and _ abstentions this 14`h day of February, 2006 • \\\~w~nuni~u~~~~~ APPROVED' ,~~~CHLR ~ . y~'%,, ,p ~ ~ ~ ~ ' a ~ Ne a S. Stroder, Mayor ATT>E;ST: ' ~munm~ ` n Sutter, TRMC, City Secretary APP OVED,. V Tim G. Sralla, City Attorney W:ARichisnd Hills\Resolutions\Resolution calling 2006 May election.CL.doc Pag:~ 4