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HomeMy WebLinkAboutOrd 607 Calling the May 9 2009 General Election to elect three Council MembersTOWN OF WESTLAKE ORDINANCE NO. 607 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, CALLING AND ORDERING AN ELECTION FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS TO BE HELD ON MAY 9, 2009, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 23.023, TEXAS LOCAL GOVERNMENT CODE; ESTABLISHING PROCEDURES FOR THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, THAT: SECTION 1. Election Order for General Election. That an election shall be held at the Town Offices, 3 Village Circle, in the Town of Westlake, Texas, between the hours of 7:00 a.m. and 7:00 p.m. on the 9 day of May 2009, the second Saturday of that month, for the purpose of electing three (3) Council Members for two (2) year terms, in accordance with Section 23.023 of the Texas Local Government Code. SECTION 2. Polling Place. The polling place for the Election shall be as follows: Westlake Town Offices 3 Village Circle Westlake, Texas The polls shall be open from 7:00 a.m. to 7:00 p.m. on May 9, 2009, in accordance with and pursuant to the requirements of the Texas Election Code (the "Code"). The Town shall constitute a single election precinct for said election.. SECTION 3. Filing Dates. In accordance with Section 143.007 of the Code, eligible persons wishing to be come candidates must file an application with the Town Secretary of the Town of Westlake, Texas, on or before the 9 day of March 2009 until 5:00 o'clock p.m. Each application shall be on a form meeting the requirements of Section 141.031 of the code. SECTION 4. Combined 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. The County's voting equipment will be utilized for this election. SECTION 5. Early Voting. Early Voting by personal appearance shall be conducted at the County's Main Early Voting location; Tarrant County Elections Center 2700 Premier Street Fort Worth, Texas 76111 Ordinance Calling and Ordering May 2009 Election Page 1 of 3 January 26, 2009 and branch offices for early voting by personal appearance shall be established as outlined in the election agreement with Tarrant County. Steve Raborn, Tarrant County Elections Administrator, is hereby appointed as the Early Voting Clerk and can appoint the necessary deputy clerks as required for early voting. In accordance with Section 85.001 of the Texas Election Code, early voting by personal appearance shall be as set forth below: April 27 through May 1 (Monday — Friday) 8:00 a.m. to 5:00 p.m. May 2 (Saturday) 7:00 a.m. to 7:00 p.m. May 3 (Sunday) 11:00 a.m. to 4:00 p.m. May 4 through May 5 (Monday — Tuesday) 7:00 am. to 7:00 p.m. For the purpose of processing ballots cast in early voting, the election officers for the early voting ballot board shall be appointed and designated in accordance with the provisions of the election agreement with the Tarrant County Elections Administrator. Application for ballot by mail may be sent beginning March 10, 2009, but received no later than May 1, 2009, and mailed to: Steve Raborn Early Voting Clerk F.O. SOX 961011 Fort Worth, Texas 76161-0011 SECTION 6. Notice. Notice of said elections shall be given as required by the Texas Election Code. SECTION 7. 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 Town. SECTION 8: Election Results. That the three (3) candidates for Council who receive the highest number of votes shall be elected to two (2) year terms; The Mayor shall deliver a certificate of election to the successful candidates. If two or more candidates tie with the same number of votes so that one or more of the tied candidates would not be elected, the Town Council shall order a second election to be held on June 13, 2009, at which only the names of the candidates who receive the same number of votes at the first election shall be printed on the ballot. In the event of a tie at the second election, the tied candidates shall cast lots to determine which one shall be declared elected; and 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 Town shall be eligible to vote at the election. Ordinance Calling and Ordering May 2009 Election Page 2 of 3 January 26, 2009 SECTION 10. Submission to the United States Justice Department. The Town Secretary of the Town of Westlake, Texas, or the Town 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 Town Secretary, in consultation with the Town Attorney, are authorized and directed to take all actions necessary to comply with the provisions of the Texas Election Code, and the Town Code in carrying out and conducting the election, whether or not expressly authorized by this Order. SECTION 12. Severability Clause. It is hereby declared to be the intention of the Town 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 Town Council without the incorporation in this order of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 13. Effective Date. This order shall be effective upon its adoption. PASSED AND APPROVED by the Town Council of the Town of Westlake, Texas, on this 26 day of January 2009. Kim -Sutter, TRMC, Town Secretary APPROV L. Stanton L , o Attorney APPROVED: �NQ,G� zuxE.� Laura Wheat, Mayor Ordinance Calling and Ordering May 2009 Election Page 3 of 3 January 26, 2009