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:
•
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• 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.
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• 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.
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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
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