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Home My Public Portal AboutResolution No. 348-09 10-13-2009 348-09 CITY OF RICHLAND HILLS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, ORDERING A SPECIAL ELECTION TO DETERMINE WHETHER TO WITHDRAW FROM THE FORT WORTH TRANSPORTATION AUTHORITY, SUCH SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010; 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 first Tuesday in November is a "Uniform Election Date" and that a special election of a City may be held on such day; and WHEREAS, November 2, 2010 is thus designated as a uniform election day; and WHEREAS, by this resolution, it is the intention of the City Council to call a special election to submit the issue of whether the City of Richland Hills, as a unit of election, should withdraw from the Fort Worth Transportation Authority, such special election to be held on the uniform election date 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 Tuesday, November 2, 2010, at which there shall be submitted to the qualified voters of Richland Hills for adoption or rejection the following proposition: Shall the Fort Worth Transportation Authority be continued in the City of Richland Hills? 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. RESOLUTION CALLING ELECTION ON ISSUE OF WHETHER TO WITHDRAW FROM THE FORT WORTH TRANSPORTATION AUTHORITY Page 1 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 Other polling 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 the date of the election, 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 electronic voting system. On Election Day, voters shall have a choice between voting on Tarrant County's electronic voting system or by a paper ballot that is scanned at the polling place using Tarrant County's 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. 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 Raborn, 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 by personal appearance shall be on the dates provided by law. 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. b. Early voting by mail. The Elections Administrator shall be responsible for the Early Voting applications and ballots. Applications for early voting by mail may be delivered to the Steve Raborn, County of Tarrant, Elections Administrator, 2700 Premier Street, Fort Worth, Texas 76111, as provided by law. 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 by personal appearance and by mail shall be canvassed by an Early Voting Ballot Board which is hereby created. According to the Contract, RESOLUTION CALLING ELECTION ON ISSUE OF WHETHER TO WITHDRAW FROM THE FORT WORTH TRANSPORTATION AUTHORITY Page 2 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 ofthe 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, the Texas Election Code, and Texas Transportation Code Chapter 452, 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. The 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 City Attorney, are authorized and directed to take all actions necessary to comply with the provisions of the Texas Election Code, Texas Transportation Code Chapter 452, the City Charter, and the City Code in carrying out and conducting the election, whether nor not expressly authorized by this Order. Section 11. Severability 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 RESOLUTION CALLING ELECTION ON ISSUE OF WHETHER TO WITHDRAW FROM THE FORT WORTH TRANSPORTATION AUTHORITY Page 3 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 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 one year before the election. Notice shall be published in the newspaper in accordance with state law. Section 13. Effective Date. This order shall be effective upon adoption, signature and attestation. PASSED AND APPROVED ON THIS 13 DAY OF octob , 2009. \~~~~~t t u u u i l iri~~~ l' ~ 4 . E HONORABLE DAV L. RAGAN, MAYOR 'mac c~i~ ATTES L DA CANTU, TRMC, CITY SECRETARY . . /~~~'''~~ilnnnnt~~~~``~~~ EFFECTIVE: APP VE AS O R D LEGALITY: TIM G. SRALLA, CITY ATTORNEY W:\Richland Hills\Elections\Election Resolution 2010 Special Election to withdraw from the T.tgs.10.08.09.wpd RESOLUTION CALLING ELECTION ON ISSUE OF WHETHER TO WITHDRAW FROM THE FORT WORTH TRANSPORTATION AUTHORITY Page 4