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HomeMy Public PortalAboutResolution No. 357-10 02-09-2010 357-10 CITY OF RICHLAND HILLS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, ORDERING A GENERAL ELECTION FOR THE OFFICES OF THE MAYOR AND CITY COUNCIL PLACES 2 AND 4, SUCH REGULAR ELECTION TO BE HELD ON SATURDAY, MAY 8, 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 second Saturday in May shall be a ``Uniform Election Date" and that a general election of a City may be held on such day; and WHEREAS, state law and the charter of the City of Richland Hills require that a general election be held; and WHEREAS, May 8, 2010, is designated as a uniform election day; and WHEREAS, by this resolution, it is the intention of the City Council to call the 2010 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 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 be held in the City of Richland Hills on Saturday, May 8, 2009, from 7:00 a.m. until 7:00 p.m., with early voting as provided herein and as provided by law, at which election the following officials will be elected: Mayor City Council, Place 2 City Council, Place 4 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 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 Saturday, May 8, 2010, 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. Filing Dates. In accordance with Section 143.007 of the Texas Election Code, eligible persons wishing to be come candidates must file an application with the City Secretary of the City of Richland Hills, Texas, no earlier than 8:00 a.m. on February 6, 2010, and no later than 5:00 o'clock p.m. on March 8, 2010. Each application shall be on a form meeting the requirements of Section 141.031 of the Texas Election Code. Section 5. 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. Methods of early voting and on Election Day shall be by method or form as determined by the Tarrant County Elections Administrator. 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 6. Early Voting. a. Early voting clerk. The Tarrant County Elections Administrator ("Elections Administrator") is hereby designated as the Early Voting Clerk for the election, as so indicated in the Contract. The Tarrant County Election Administrator is hereby appointed to serve as the Early Voting Clerk and the Election Administrator's permanent county employees are appointed as deputy early voting clerks. b. Early voting by personal appearance. Early voting will be held jointly with other Tarrant County public entities at the Richland Hills Community Center, 3204 Diana Drive, Richland Hills, Texas, 76118; and at the other locations established by the Tarrant County Elections Administrator. This Order of the Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. Early voting will begin on Apri126, 2010 and will continue through May 4, 2010 at the times as follows: April 26-30 Monday -Friday 8:00 a.m. - 5:00 p.m. May 1 Saturday 7:00 a.m. - 7:00 p.m. May 2 Sunday 11:00 a.m. - 4:00 p.m. May 3-4 Monday -Tuesday 7:00 a.m. - 7:00 p.m. b. 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, Tarrant County shall appoint the Early Voting Ballot Board to process early voting results from the election. 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. 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. Section 9. Submission to the United States Justice Department. The Tarrant County 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. 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, 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 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 Election. The City Secretary is directed to provide notice of the election as required by state law. Section 13. Effective Date. This order shall be effective upon its adoption. PASSED AND APPROVED ON THIS ~ DAY OF , 2010. HONORABLE DAVID GAN, MAYOR I • ~ a _ ATTEST: v I /~~~'~urnniini~~~~``~~\~ INDA CANTU, TRMC, CITY SECRETARY EFFECTIVE: ~ d..O~ ~ APP OVED S O FORM AND LEGALITY: TIM G. LLA, CITY ATTORNEY