HomeMy WebLinkAboutItem 12 - Resolution to Call Local Option ElectionMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: JULY 5, 2016
SUBJECT: RESOLUTION TO CALL LOCAL OPTION ELECTION
RECOMMENDATION:
City Council to consider adopting a resolution calling a Special Local Option Election for
Tuesday, November 8, 2016 for the purpose of considering "Legal sale of all alcoholic
beverages for off -premise consumption only."
FUNDING SOURCE:
Funding for election expenditures is currently available in the City Secretary's Professional
Services Account (100-44540-103-1).
BACKGROUND:
On May 27, 2016, the City Secretary's Office received a petition requesting the City call a
local option election to consider "The legal sale of all alcoholic beverages for off -premise
consumption only."
Tarrant County Elections Administration verified the signatures and verified there were
sufficient signatures to call a Local Option Election. A separate item requesting City
Council accept the petition is also on the July 5, 2016 agenda.
The Texas Election Code Section 501.032 states that the governing body must call an
election at the next regular meeting on or after the 30th day after the petition is submitted to
the City.
The attached resolution lists the designated polling locations for Election Day, as well as
the early voting by personal appearance locations. During early voting, registered voters
will be able to vote at any early voting polling location in Tarrant County, but on Election
Day they must vote at their designated precinct.
The resolution also declares the election will be conducted by Tarrant County Elections
Administration and designates the Tarrant County Elections Administrator as the Early
Voting Clerk. An election services contract with Tarrant County Elections Administration
will be presented at a later date for the County to conduct the election.
Staff recommends approval.
TAB
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, PROVIDING FOR A LOCAL OPTION
ELECTION REGARDING TO LEGALIZE "THE LEGAL SALE
OF ALL ALCOHOLIC BEVERAGES FOR OFF -PREMISE
CONSUMPTION ONLY' TO BE HELD ON NOVEMBER 8,
2016; DETERMINING THE POLLING PLACE; PROVIDING
SPECIFIC INSTRUCTIONS FOR THE CONDUCTING OF
SAID ELECTION; REPEALING INCONSISTENT
RESOLUTIONS AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Chapter 501 of the Texas Election Code and Chapter 251 of the
Texas Alcoholic Beverage Code provide for the holding of local option elections: and
WHEREAS, on May 27, 2016, the City of Grapevine received a petition containing
4,590 valid signatures requesting a local option election be held regarding to legalize "the
legal sale of all alcoholic beverages for off -premise consumption only"; and
WHEREAS, Section 501.032 of the Texas Election Code requires signatures of at
least 35 percent of the registered voters in the political subdivision who voted for governor
in the most recent gubernatorial election, which equals 3,864 signatures; and
WHEREAS, the Charter of the City of Grapevine, Texas provides that the Election
Code of the State of Texas is applicable to conducting City elections, and in order to
comply with said code an order should be passed establishing the procedure to be
followed in said election, and designating the voting place for said election; and
WHEREAS, all legal prerequisites for the adoption of this resolution have been
met, including but not limited to the Local Government Code and the Open Meetings
Act; and
WHEREAS, the City Council hereby declares that the approval of this resolution
is in the best interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
Section 2. That a Special Election shall be held on November 8, 2016 to
consider the following:
The legal sale of all alcoholic beverages for off -premise consumption only.
La venta legal de todas bebidas alcoholicas para consumo solamente fuera del
establecimiento.
Section 3. All eligible City of Grapevine voters shall cast their ballots at their
designated precinct locations as determined by the Tarrant County Elections
Administrator, 7:00 a.m. and 7:00 p.m. on Election Day. The Election Day polling
locations are as follows:
Precinct Number
Election Day Polling Location
3038
Timberline Elementary School
322 Timberline Drive
Grapevine, Texas 76051
3039
Lonesome Dove Church
3280 Lonesome Dove Road
Southlake, Texas 76092
3114
The REC of Grapevine
1175 Municipal Way
Grapevine, Texas 76051
3361
St. Francis Catholic Church
3321
861 Wildwood Lane
Grapevine, Texas 76051
3384
Dove Elementary School
1932 Dove Road
Grapevine, Texas 76051
3390
Covenant Church
3385
3508 Glade Road
Colle ille, Texas 76034
3396
Grapevine Elementary School
1801 Hall -Johnson Road
Grapevine, Texas 76051
3469
Dancing River Assisted Living Center
3735 Ira E. Woods Avenue
Grapevine, Texas 76051
3470
Southlake Town Hall
Key Precinct 3526
1400 Main Street
Southlake, Texas 76092
3530
Meadowood Assisted Living
4545 Merlot Avenue
Grapevine, Texas 76051
3542
First Presbyterian Church Grapevine
3035
1002 North Park Boulevard
Grapevine, Texas 76051
Section 4. The Election shall be conducted under the jurisdiction of the Tarrant
County Elections Administrator (the "Elections Administrator") pursuant to an Election
Services Contract (the "Contract") by and among the Tarrant County Elections
Department, the City and other participating entities, if any, described in the Contract.
Resolution No. 2
The Mayor or the Mayor's designee is authorized to amend or supplement the Contract to
the extent required for the Election to be conducted in an efficient and legal manner as
determined by the Elections Administrator. Said contract will be submitted to City Council
for approval prior to the Election date.
Section 5. All early voting shall be conducted pursuant to and in accordance
with the applicable provisions of the State of Texas Election Code. The Elections
Administrator is hereby appointed as Early Voting Clerk for the Election and shall
determine the early voting place and hours, however, such locations may be changed if
so directed by the Elections Administrator without further action of the City Council. The
Elections Administrator is hereby authorized and directed to make such changes in
locations as may be necessary for the proper conduct of the Election. The Elections
Administrator and/or Early Voting Clerk are hereby authorized to appoint the members of
the Early Voting Ballot Board and the presiding judge and alternate judge in accordance
with the requirements of the Code.
Section 6. That the Tarrant County Elections Administrator/Early Voting Clerk
has established the following dates, times and locations for early voting by personal
appearance:
Early Voting Polling Locations
Tarrant County Elections Center, 2700 Premier Street, Fort Worth, Texas 76111
The REC of Grapevine, 1175 Municipal Way, Grapevine, Texas 76051
*Other Tarrant County early voting locations to be designated by the Tarrant County
Elections Administrator/Early Voting Clerk pursuant to joint election agreements with
other political subdivisions within Tarrant County
Days and hours for Earlv Votinq by Personal_ Appearance
October 24-28
Monday - Friday
8:00 a.m. - 5:00 p.m.
October 29
Saturday
7:00 a.m. - 7:00 p.m.
October 30
Sunday
11:00 a.m. - 4:00 p.m.
October 31
Monday
7:00 a.m. - 7:00 p.m.
November 1-4
Tuesday - Friday
7:00 a.m. - 7:00 p.m.
Section 7. The Elections Administrator shall provide and furnish all necessary
supplies and personnel to conduct said election. Said supplies and personnel shall be
furnished at the expense of the General Fund of the City of Grapevine, Texas. Early
voting will be conducted on Direct Recording Electronic (DRE) System and Election Day
voting will be on the Digital Scan System accompanied by DRE for disabled and
provisional voters.
Section 8. The City Secretary is hereby instructed to publish notice of said
election once in a newspaper of general circulation not more than thirty (30) days before
the election and not less than ten (10) days before the election.
Resolution No. 3
Section 9. This resolution shall repeal every prior resolution in conflict herewith,
but only insofar as the portion of such resolution shall be in conflict, and as to all other
sections of resolutions not in direct conflict herewith, this resolution shall be and is hereby
made cumulative.
Section 10. The Mayor shall issue all necessary orders, writs and notices for said
election and the returns of said election shall be made to the City Secretary after the
close of the polls and the completion of the counting of the ballots.
Section 11. That this resolution shall be effective from and after the date of its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 5th day of July, 2016.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
Resolution No. 4