HomeMy Public PortalAboutResolution No. 392-12 02-21-2012392-12
CITY OF RICHLAND HILLS RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS, ORDERING A SPECIAL ELECTION TO
ALLOW VOTERS TO CONSIDER THE ISSUE OF CONSOLIDATION
WITH NORTH RICHLAND HILLS; SUCH SPECIAL ELECTION TO BE
HELD IN CONJUNCTION WITH THE GENERAL ELECTION ON
SATURDAY, MAY 12, 2012; ESTABLISHING PROCEDURES FOR THE
ELECTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 8, 2012, the City received a petition signed by qualified
voters of the City of Richland Hills (the "City") equal or exceeding fifteen percent (15%) of the
total votes cast at the most recent general election for municipal officials, which petition requests
an election be held pursuant to Chapter 61 of the Texas Local Government Code on the issue of
consolidation of the municipalities of Richland Hills and North Richland Hills; and,
WHEREAS, pursuant to Texas Local Government Code section 61.004(f), a
consolidation election shall be held on the first authorized uniform election date prescribed by
the Election Code that occurs after the period required by Texas Election Code, section 3.005;
WHEREAS, pursuant to Texas Local Government Code section 61.004(a), the
municipality with the smallest population between the municipalities voting on the consolidation
issue shall hold the first consolidation election; and
WHEREAS, pursuant to Texas Local Government Code section 61.004(a), the
governing body of a municipality holding an election shall order the election within 45 days after
the date the petition is filed; and
WHEREAS, the regular election for election of municipal officials of the City of
Richland Hills, as set forth by the Texas Election Code, is required to be held on Saturday, May
12, 2012.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF RICHLAND HILLS, TEXAS, THAT:
Section 1. Special Election Called; Polling Place.
The City Council hereby calls a special election to submit a Proposition No. 1 to the voters of the
City whether the Cities of Richland Hills and North Richland Hills should be consolidated. Such
election shall be held in conjunction with the general election on Saturday, May 12, 2012 from
7:00 a.m. unti17:00 p.m. at
Community Center
3204 Diana Drive
Richland Hills, Texas 76118
as previously called by Resolution No. 390-12. The City Manager, or his designee, is hereby
authorized to enter into a joint election agreement and contract for election services with Tarrant
County (the "Contract"). In the event of a conflict between this Resolution and the Contract, the
Contract shall control.
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 12, 2012, 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 2. Ballot Language
The issue on the ballot shall provide for a yes or no vote on Proposition No. 1 to be cast on the
following:
Shall the cities of Richland Hills and North Richland Hills be consolidated?
Section 3. 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 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. To the extent required by law, those persons
designated by Tarrant County as election officers and clerks are hereby appointed by the City.
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, or other
system(s) selected by the County Elections Administrator. On Election Day, voters shall have a
choice between voting on the eSlate electronic voting system or other electronic system(s)
selected by the County Elections Administrator, or by a paper ballot that is scanned at the polling
place using Tarrant County's eScan voting system or other vote scanning system(s) selected by
the 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 5. Early Voting.
a. Early voting by personal appearance. Steve Raborn, Tarrant County Interim Elections
Administrator, is hereby appointed as the Early Voting Clerk for the election, as so indicated in
the Contract. Early voting by personal appearance shall commence April 30, 2012 and shall
continue until May 8, 2012. The main early voting site shall be at Richland Hills Community
Center, 3204 Diana Drive, Richland Hills, Texas 76118. 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 may be delivered to Steve
Raborn, County of Tarrant, Elections Administrator, 2700 Premier Street, Fort Worth, Texas
76111, not earlier than March 13, 2012, and not later than close of business on May 4, 2012, if
delivered in person, and May 8, 2012 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 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 6. Notice.
Notice of said election shall be given as required by the Texas Election Code.
Section 7. Governing Law.
The election shall be held in accordance with the Constitution of the State of Texas, the Local
Government Code and the Texas Election Code, and all resident qualified voters of the City shall
be eligible to vote at the election.
Section 8. Submission to the United States Justice Department.
The City Secretary or the City Attorney of the City of Richland Hills, Texas, is authorized to
make such submissions as are necessary to the United States Justice Department to seek pre-
clearance as required by law.
Section 9. 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 Local
Government Code and 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 10. 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 11. 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 law.
Section 12. Effective Date.
This order shall be effective upon its adoption.
PASSED AND APPROVED ON THIS 21St DAY OF FEBRUARY, 2012.
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TH HONORABLE DA D . RAGAN, MAYOR
ATTEST:
IND CANTU, TRMC, CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
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