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HomeMy WebLinkAboutItem 2 - Call ElectionMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER \ MEETING DATE: SEPTEMBER 8, 2015 SUBJECT: CALLING NOVEMBER 3, 2015 SPECIAL CITY COUNCIL ELECTION RECOMMENDATION: City Council to consider adopting a resolution calling a Special Election for Tuesday, November 3, 2015 in compliance with the Texas Election Code, designating the polling place and, if necessary, a run-off election to be held on December 8, 2015. FUNDING SOURCE: Funding for election expenditures is currently available in the City Secretary's Professional Services Account (100-44540-103-1) for an estimated cost of $15,000. As a result of the passing of Mayor Pro Tem, C. Shane Wilbanks, a vacancy exists for City Council Place 1. The City Charter requires that a vacancy shall be filled by a majority vote of the qualified voters at a special election to be called within 120 days after such vacancy occurs. The State of Texas uniform election date is Tuesday, November 3, 2015. Staff has confirmed with Tarrant County Elections Administration that we can enter into a Joint Election Agreement with them for the November 3, 2015 election. This agreement will be placed in a future agenda for City Council approval. The first day for candidates to file for a place on the ballot will be September 9, 2015 and the last day to file is 5:00 p.m., Thursday, September 24. Staff recommends The REC of Grapevine located at 1175 Municipal Way be the election day site, as well as the early voting by personal appearance site. Early voting and election day voting will be conducted in compliance with the Texas Election Code relative to the 2002 Help America Vote Act (NAVA). The Act provides voting privacy for individuals with disabilities by utilizing the Direct Recording Electronic System (DRE). Staff recommends approval. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, CALLING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 3, 2015, FOR THE PURPOSE OF ELECTING A COUNCILPERSON TO FILL THE UNEXPIRED TERM FOR CITY COUNCIL PLACE 1; DETERMINING THE POLLING PLACE; PROVIDING SPECIFIC INSTRUCTIONS FOR THE CONDUCTING OF SAID ELECTION; REPEALING INCONSISTENT RESOLUTIONS AND PROVIDING AN EFFECTIVE DATE WHERAS, The Honorable Mayor Pro Tem C. Shane Wilbanks served the City with honor and dignity as Councilman for Place 1 since 1985; WHERAS, The passing of Mayor Pro Tem Wilbanks left a vacancy at City Council Place 1; WHERAS, The City Council wishes to call a special election to fill the unexpired term for City Council Place 1; WHEREAS, Section 3.06 of the City Charter requires that any vacancy of City Council shall be filled by a majority of the qualified voters at a special election called for such purpose within 120 days after such vacancy occurs; and WHEREAS, Section 201.052 of the Texas Election Code requires elections in the State of Texas be held on uniform election dates; WHERAS, The next uniform election date is November 3, 2015; WHEREAS, the City desires to conform its practices with State law; and WHEREAS, the Charter of the City of Grapevine, Texas provides that the Election Code of the State of Texas is applicable to the City Council and Run-Off 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 for the City of Grapevine is hereby called for Tuesday, November 3, 2015, for the purpose of electing a Councilperson to fill the unexpired term for: COUNCIL, PLACE 1 Section 3. All eligible City of Grapevine voters shall cast their ballots at The REC of Grapevine, 1175 Municipal Way, between the hours of 7:00 a.m. and 7:00 p.m. on election day. Section 4. The first day to file an application for a place on the ballot is September 9, 2015. All candidates for election for Council, Place 1 must file their names with the City Secretary of the City of Grapevine, Texas, by 5:00 p.m. on September 24, 2015. That all of the said applications shall be on a form approved by the Secretary of State and shall be in compliance with the City Charter and the State Election Code. Section 5. That the City Secretary shall post the names of all candidates who have filed their applications in accordance with the terms and provisions of this order. Section 6. The Election shall be conducted under the jurisdiction of the Tarrant County Elections Department (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. 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. Section 7. 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 8. That the Tarrant County Elections Administrator/Early Voting Clerk has established the following dates, times and locations for early voting by personal appearance: RES. NO. 2 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 Early Votinq by Personal Appearance October 19 - 23 Monday - Friday 8:00 a.m. - 5:00 p.m. October 24 Saturday 7:00 a.m. - 7:00 p.m. October 25 Sunday 11:00 a.m. - 4:00 p.m. October 26 - 28 Monday - Wednesday 8:00 a.m. - 5:00 p.m. October 29 - 30 Thursday - Friday 7:00 a.m. - 7:00 p.m. Section 9. 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 10. 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. Section 11. 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 12. 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. 2015. Section 13. That a run-off election, if necessary, shall be called for December 8, Section 14. That this resolution shall be effective from and after the date of its passage. RES. NO. 3 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 8th day of September, 2015. ATTEST: RES. NO. 4