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Home My Public Portal AboutResolution No. 337-09 02-24-2009 CITY OF RICHLAND HILLS RESOLUTION NO. 337-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, ORDERING A SPECL~I, ELECTION TO SUBMIT A NON- BINDING REFERENDUM TO THE VOTERS ON THE ISSUE OF WHETHER THE CITY SHOULD BUILD A NEW COMMUNITY CENTER BUILDING IN KATE BAKER PARK, SUCH SPECIAL ELECTION TO BE HELD ALONG WITH THE REGULAR ELECTION ON SATURDAY, MAY 9, 2009; ESTABLISHING PROCEDURES FOR THE ELECTION, INCLUDING EARLY VOTING, AUTHORIZING A JOINT ELECTION ADMINISTRATION CONTRACT WITH TARRANT COUNTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR NOTICE AND PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code (the "Code") specifies that the second Saturday in May shall be a "Uniform Election Date" and that a general election of a City may beheld on such day; and WHEREAS, state law and the charter of the City of Richland Hills require that a general or regular election be held; and WHEREAS, May 9, 2009, is designated as a uniform election day; and WHEREAS, by previous resolution, the City Council called the 2009 regular election as required by the City Charter and by other law, designated a polling place for the election, and established 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 submit anon-binding referendum on the issue of whether the City should construct a new community center building in Kate Baker Park, such special election to be held with the regular . election referred to above; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, THAT: Section 1. 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 9, 2009, at which there shall be submitted to the qualified voters of Richland Hills for adoption or rejection the following non-binding ballot referendum: Non-binding Special Referendum: The City of Richland Hills should construct a new community center building in Kate Baker Park using City tax dollars. YES NO Section 2. Joint Election Administration Contract. The City Secretary is hereby authorized to contract (the "Contract") with Tarrant County for joint election services. In the event of a conflict between this Resolution and the Contract, the Contract shall control. Section 3. Polling Place. The main polling place for the Election shall be as follows: Richland Hills Community Center 3204 Diana Drive Richland Hills, Texas Otherpolling places may be provided as provided in the Contract. The polls shall be open from 7:00 a.m. to 7:00 p.m. on Saturday, May 9, 2009, in accordance with and pursuant to the requirements of the Texas Election Code. The City shall constitute a single election precinct for said election. Section 4. Ballots and Election Method. 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. Early voting by personal appearance shall be conducted exclusively on Tarrant County's eSlate electronic voting system. On Election Day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper ballot that is scanned at the polling place using Tarrant County's eScan voting system. All expenditures necessary for the conduct of the election, the purchase of materials therefore, and the employment of all election officials are hereby authorized, and shall be conducted in accordance with the Contract and the Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Secretary pursuant to state law. Notice of the time and place for such drawing shall be given in accordance with the Code. Section 5. Early Voting. a. Early voting by personal appearance. Steve Rabom, the Tarrant County Elections Administrator ("Elections Administrator") is hereby designated as the Early Voting Clerk for the election, as so indicated in the Contract. Early voting bypersonal appearance shall commence April 27, 2009 and shall continue until May 5, 2009. The main early voting site shall be at Richland Hills Community Center, 3204 Diana Drive, Richland Hills, Texas.. Specific days, times and locations shall be designated by the Elections Administrator and included in the Contract and shall be in compliance with state law. On at least two weekdays during the early voting period, the location for early voting shall be open for at least twelve (12) hours as mandated by state law. b. Early voting by mail. The Elections Administrator shall be responsible for the Early Voting applications and ballots. Applications for early voting by mail maybe delivered to the Steve Raborn, County of Tarrant, Elections Administrator, 2700 Premier Street, Fort Worth, Texas 76111, not eazlier than March 10, 2009 and not later than close of business on Apri124, 2009, if delivered in person, and May 1, 2009 if delivered by mail. Early voting by ballots shall be mailed to the Elections Administrator at the same address. The City Secretary is directed to forward applications and ballots she may receive to the Elections Administrator as provided in the Contract. c. Early Voting Ballot Board. Early voting, both bypersonal appeazance and by mail shall ' be canvassed by an Early Voting Ballot Board which is hereby created. According to the Contract, Tarrant County shall appoint the Early Voting Ballot Board to process early voting results from the election. Section 6. Notice. Notice of said election shall be given as required by the Texas Election Code. Section 7. Election Officials. The election judge, alternate election judge, and ballot board will be appointed by the Tarrant County Elections Administrator, as authorized in the Contract and Chapter 271 o f the Texas Election Code. 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 8. Governing Law. The election shall be held in accordance with the City Charter, 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 9. Submission to the United States Justice Department. T'he Elections Administrator is hereby authorized to prepare a submission to the United States Justice Department to seek pre-clearance for the General Election as required by law and as provided in the Legal Documents section of the Contract. The City Attorney shall prepare the submission to the United States Justice Department to seek pre-clearance for the Special Election. . Section 10. Necessary Actions. The Mayor and the City Secretary, in consultation with the CityAttorney, 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 11. 5everability Clause. It is hereby declared to be the intention of the City Council 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 12. Notice and Publication. This Resolution shall serve as the Order of Election (as required by Section 3.001 of the Code) and as the Notice of Election (as required by Section 4.001 of the Code) for the General and Special Election. A copy of the resolution shall be posted on the bulletin board used for posting notices of the meetings of the City Council at least twenty-one (21) days before the election. Notice shall be published in the newspaper in accordance with state Iaw. Section 13. Effective Date. This order shall be effective upon its adoption. PASSED AND APPROVED ON THIS 24th DAY OF February , 2009. ~~;~~uiiiu~iii • ' <<~'--; ONORABLE DAVID . RAGAN, MAYOR i ~ •I J~~ ATTEST: =v ~ ~ ~ Il~iDA CANTU, TRMC, CITY SECRETARY i?iunn s. EFFECTIVE: -y ~ APPROVE TO FORM AND LEGALITY: ~i ~ TIM G. SR.ALLA, CITY ATTORNEY