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HomeMy Public PortalAboutResolution No. 407-13 02-05-2013407-13 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 CITY COUNCIL PLACES 1, 3, AND 5; SUCH REGULAR ELECTION TO BE HELD ON SATURDAY, MAY 11, 2013; ESTABLISHING PROCEDURES FOR THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, May 11, 2013, is designated as a uniform election day; and WHEREAS, by this resolution, it is the intention of the City Council to call the 2013 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 11, 2013, at which the following officials will be elected: City Council, Place 1 City Council, Place 3 City Council, Place 5 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 polling place for the Election shall be as follows: 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 May 11, 2013, 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 become candidates must file an application with the City Secretary of the City of Richland Hills, Texas, on or before the 1St day of March, 2013 until 5:00 o'clock p.m. 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. 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 6. 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 29, 2013 and shall continue until May 7, 2013. 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 may be delivered to Steve Raborn, County of Tarrant, Elections Administrator, 2700 Premier Street, Fort Worth, Texas 76111, not earlier than March 27, 2013, and not later than close of business on April 26, 2013, if delivered in person, and May 3, 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 7. Notice. Notice of said election shall be given as required by the Texas Election Code. Section 8. 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. Section 9. Governing Law. The 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 10. Submission to the United States Justice Department. The City Secretary of the City of Richland Hills, Texas, or the City Attorney, is authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance as required by law. Section 11. 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 12. 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 13. 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 14. Effective Date. This order shall be effective upon its adoption. PASSED AND APPROVED ON THIS ~ DAY OF FEBRUARY, 2013. ~~~rrui~uyiiu-itn~~ ~`O / ``V" ~ r ~ . ~ ~ T ORABLE AGAN, MAYOR =`~ ~ a ~; ATTEST: DA CANTU, TRMC, CITY SECRETARY EFFECTIVE: ~,~ ~ - ~(7 APPROVED AS TO FORM AND LEGALITY: BETSY El-EITY ATTORNEY