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HomeMy Public PortalAboutResolution No. 289-07 02-13-2007 r q c~ p RESOLUTION NO. d~ u t' • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, ORDERING AN ELECTION FOR THE OFFICES OF COUNCILMEMBER PLACES 1, 3 AND 5; TO BE HELD ON SATURDAY, MAY 12, 2007; ESTABLISING PROCEDURES FOR THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, May 12, 2007, is designated as a uniform election day; and WHEREAS, by this resolution, it is the intention of the City Council to call the 2007 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, 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 12, 2007, for the purpose of electing members of the Richland Hills City Council, and Trustees to the Birdville ISD Board of Trustees; 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 Cit Council hereb orders that a Y Y general election shall be held in the City of Richland Hills on Saturday, May 12, 2007, at which the following officials will be elected: Councilmember, Place 1 Councilmember, Place 3 Councilmember, Place 5 Section 2. Polling Place. The polling place for the Election shall be as follows: Richland Hills Community Center 3204 Diana Drivc Richland Hills, Texas The polls shall be open from 7:00 a.m. to 7:00 p.m. on May 12, 2007, 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 12th day of March 2007 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. Section 6. Early Voting. Early Voting by personal appearance shall be conducted at the City's Main Early Voting location; Richland Hills Community Center 3204 Diana Drive Richland Hills, Texas 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 4 (Monday -Friday) 8:00 a.m. to 5:00 p.m. May 5 (Saturday) 7:00 a.m. to 7:00 p.m. May 6, 2007 (Sunday) 1 1:00 aan. to 4:00 p.m. May 12, 2007 (Saturday) 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 may be sent beginning March 13, 2007, but received no later than May 4, 2007, and mailed to: Gayle Hamilton Early Voting Clerk 100 Weatherford P. O. Box 961011 Fort Worth, Texas 76161-001 1 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 pem~itted by law. The presiding judge shall appoint elections clerks as may be 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. 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 make 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. Severability Clause. It is hereby declared to be the intention of the City Council that the sections, para~,~raphs, sentences, clauses and phrases of this order arc 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 adoption. PASSED AND APPROVED by the City Council of the City of Richland Hills, "Texas. by a vote of ayes, nays and abstentions this 13`" day of February, 2007 AP VED: ~ ---r'"'~ avid Ragan, May ATTEST: inda Cantu, TR ,City Secretary APP OVE ~GY1i• Tim G. Sralla, City Attorney