HomeMy WebLinkAboutOrd 695 Calling a Special Election to elect a Council Member for a unexpired termTOWN OF WESTLAKE
ORDINANCE NO. 695
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, CALLING AND ORDERING A SPECIAL ELECTION FOR THE PURPOSE
OF ELECTING ONE (1) COUNCIL MEMBER TO AN UNEXPIRED TERM TO BE
HELD ON MAY 11, 2013, WITH THE PROVISIONS OF SECTION 23.023, TEXAS
LOCAL GOVERNMENT CODE; ESTABLISHING PROCEDURES FOR THE
ELECTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the general election for the Town of Westlake as set forth by the Texas
Election Code, is required to be held on May 11, 2013, for the purpose of electing one (1)
Council Member to an unexpired term, in accordance; and
WHEREAS, in accordance with Section 271.002 of the Texas Election Code, the Town
of Westlake election will be conducted jointly with other political subdivisions in Tarrant and
Denton counties.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS, THAT:
SECTION 1: Election Order for General Election. That an election is hereby ordered
to be held on the 11th day of May 2013, the second Saturday of that month, for the purpose of
electing one (1) Council Member to an unexpired term, in accordance with Section 23.023 of the
Texas Local Government Code.
SECTION 2: Polling Place. The polling places and the county elections precincts whose
qualified voters shall cast ballots at such location as determined per the Joint Election Agreement
and Contract for Elections Services with the Tarrant and Denton County Election
Administrators:
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 "Code").
SECTION 3: Filing Dates. In accordance with Section 143.007 of the Code, eligible
persons wishing to become candidates must file an application with the Town Secretary of the
Town of Westlake, Texas, beginning on February 9th through the 11th day of March 2013 until
5:00 o'clock p.m. Each application shall be on a form meeting the requirements 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.
Ordinance 695
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SECTION 5: Early Voting. Early Voting by personal appearance shall be conducted at
the County's Main Early Voting location;
Residents living in Tarrant County
Tarrant County Elections Center
2700 Premier Street
Fort Worth, Texas 76111
Residents living in Denton County
Denton County Elections
701 Kimberly Drive
Denton, Texas 76208
and branch offices for early voting by personal appearance shall be established as outlined in the
Election Agreement and Contract for Election Services with Tarrant and Denton County. Steve
Raborn, Tarrant County Elections Administrator and Frank Phillips, Denton County Election
Administrator, are 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:
Tarrant County Voting
April 29-30 (Monday & Tuesday)
8:00 a.m. -
5:00 p.m.
May 1-3 (Wednesday — Friday)
8:00 a.m. —
5:00 p.m.
May 4 (Saturday)
7:00 a.m. —
7:00 p.m.
May 5 (Sunday)
11:00 a.m.
— 4:00 p.m.
May 6-7 (Monday — Tuesday)
7:00 a.m. —
7:00 p.m.
Denton County Early Voting
April 29 — May 4 (Monday — Saturday) 8:00 a.m. — 5:00 p.m.
May 6-7 (Monday and Tuesday) 7:00 a.m. — 7:00 p.m
Applications for ballots by mail must be received no later than the close of business on Friday,
April 26, 2013.
SECTION 6: Notice. Notice of said elections shall be given as required by the Texas
Election Code.
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SECTION 7: Election Officials. The election judge, alternate election judge, and ballot
board will be appointed by the Tarrant and Denton 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 candidate for Council Member who receives the
highest number of votes shall be elected to a one (1) year unexpired term;
The Mayor shall deliver a certificate of election to the successful candidate. In the event
of a tie, 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.
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.
Ordinance 695
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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 28th DAY OF JANUARY 2013.
ATTEST:
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KeO Edwar , Town Secretary
Laura Wheat, Mayor
Thomas E. B612 /, Town Manager
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Ordinance 695
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