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HomeMy Public PortalAboutResolution No. 401-12 05-15-2012CITY OF RICHLAND HILLS RESOLUTION NO. 401-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, ORDERING A GENERAL ELECTION RUNOFF FOR THE OFFICE OF MAYOR; SUCH RUNOFF ELECTION TO BE HELD ON SATURDAY, JUNE 23, 2012; ESTABLISHING PROCEDURES FOR THE RUNOFF ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City held a general election on May 12, 2012 at which no candidate for Mayor received a majority of votes, requiring a general election runoff to be held on Saturday, June 23, 2012; and WHEREAS, the Mayor has issued to the City Secretary, a certification of the office titles and names of the candidates to be placed on the general election runoff ballot pursuant to Texas Election Code section 2.027. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, THAT: SECTION 1. Election Order for General Election Runoff. At the general election held on May 12, 2012, no candidate for the office of Mayor received a majority of votes, requiring a general election runoff to be held. Pursuant to the Texas Election Code, the City Council hereby orders that a runoff election to fill the place of Mayor shall be held in the City of Richland Hills ("runoff election") on Saturday, June 23, 2012, to be held in conjunction with the Tarrant County Elections Administrator and in accordance with a contract with .Tarrant County for joint election services (the "Contract") previously entered into as authorized by the City Council. At the runoff election, the names of the following two candidates receiving the highest number of votes for mayor shall be printed on the ballot and shall again be voted for: Manor Bill Agan Kenney Davis SECTION 2. Polling Place. The polling place for the runoff election shall be as follows: Community Center 3204 Diana Drive Richland Hills, Texas 76118 C:\Users\icantu~.AppDataU.ocal~Ivlicrosoft\WindowslTemporary Internet Files\Content.Outlook\VMPOVB36\Resolution Calling General Election Runoff.docx ~osnsna> Page I Other polling places may be provided as provided in the Contract or by the Tarrant County Election Administrator. The polls shall be open from 7:00 a.m. to 7:00 p.m. on June 23, 2012, in accordance with and pursuant to the requirements of the Texas Election Code. The City shall constitute a single election precinct for the runoff election. SECTION 3. 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. SECTION 4. 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 runoff election, as so indicated in the Contract. Dates and locations for early voting by personal appearance 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, at times to be designated by the Elections Administrator. 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 runoff election. SECTION 5. Notice and Publication 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 fifteen (15) days before the runoff election. Notice shall be published in the newspaper in accordance with state law. SECTION 6. 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 runoff 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. C:\Users\lcantuWppDataU.ocal\Microsoft\Windows\Temporary Internet Files~COntent.OUt100k~V1~/1POVB36~ReSOlutlOn Calling General Election Runoff.docx ~osnsn2> Page z SECTION 7. Governing Law. The runoff 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 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 Election Code, the City Charter, and the City Code in carrying out and conducting the runoff 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. Effective Date. This Order is effective upon approval by the City Council. PASSED AND APPROVED this 15th day. May, 2012. ~ ~~ ,,,.~~G~L~~ND~y~~%, ONORABLE DAVI . RAGAN, MAYOR '% '\`~~` ~ !~J-//~~= ATTEST: ~ • ~= _~ ~ y_ ~',, ,,..,..- ,.~~~ INDA CANTU, TRMC, CITY SECRETARY ,-nu C:\Users\lcantulAppData\I,ocal\Microsoft\Windows\Temporary Internet Files\Content.Outlook\VMPOVB36\Resolution Calling General Election Runoff.docx ~osilsilz> Page 3 EFFECTIVE: ~, ~ dLol ~. APPROVED AS TO FORM AND LEGALITY: BETSY ELAM, CIT~ATIYJRNEY C:\Users\lcantu\AppDataU.ocat\Microsoft\Windows\Temporary Internet Files\Content.Outlook\VMPOVB36\Resolution Calling General Election Runof£docx ~osnsit2> Page 4