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Resolution 95-06 RESOLUTION NO. (1 S - Lf; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CALLING GENERAL ELECTION TO BE HELD ON MAY 6, 1995, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEMBERS, ONE (1) EACH FOR PLACES 1, 3, AND 5 FOR TWO (2) YEAR TERMS EACH FOR SAID CITY; DESIGNATING ELECTION PRECINCTS AND DESIGNATING POLLING PLACES WITHIN SAID CITY; PROVIDING FOR THE APPOINTMENT OF PRESIDING ELECTION JUDGES AND ALTERNATE PRESIDING ELECTING JUDGES; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF THE ELECTION, ESTABLISHING RUNOFF PROVISIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code, as amended (the "Code") specifies that the first Saturday in May shall be a "uniform election date" and that a general election of a city may be held on such day; and WHEREAS, the City Council of the City of Wylie, Texas, (hereinafter referred to as the "City") has determined that the City shall conduct its general municipal election on the first Saturday in May, 1995; and WHEREAS, by this Resolution, it is the intention of the City Council to: (i) call for said general election to be held on said date, (ii) designate the election precincts, (iii) designate polling places for the election, (iv) provide for appointment of the necessary election officers, (v) establish and set forth procedures for conducting the election, (vi) establish a date for canvassing the returns of said election, and (vii) establish a runoff date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. Incorporation of Premises. That all of the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. Section 2. Election Date. Purpose of Election: Officers and Terms of Office. That a general election shall be held in and throughout the City on Saturday, May 6, 1995, for the purpose of electing the following officers: Councilmembers for Places 1, 3, and 5 for two (2) year terms each Section 3. Eligibility for Candidacy. In accordance with the City's Charter, no person shall be eligible for the office of Councilmember unless he/she is a qualified elector, and has resided within the existing corporate limits of the City or recently annexed territory for at least twelve (12) months preceding the filing deadline for applications for candidacy as set forth in Section 4 of this resolution. Each candidate, prior to filing an application, shall present to the City Secretary a petition containing signatures of at least 25 persons who are qualified voters of the City. In accordance with the City Charter, as heretofore amended, said petition must contain 25 names as the number is greater than one-half of one percent of the number of votes cast for Mayor at the May 7, 1994 election. Section 4. Application for a Place on the Ballot. In accordance with the Section 143.007 of the Code, any eligible and qualified person may have his/her name printed upon the official ballot as a candidate for the offices hereinbefore set forth by filing his/her sworn application with the City Secretary not earlier than February 20, 1995, and not later than 5:00 P.M. March 22, 1995. Each such application shall be on a form as prescribed by Section 141.031 of 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 as provided by Section 52.094 of the Code. Notice of the time and place for such drawing shall be given in accordance with the Code. Section 5. Runoff Election. In accordance with Section 2.025 of the Code, in the event that no candidate receives a majority of the votes cast for a given office, there shall be a runoff election held on May 27, 1995, not less than 20 nor more than 30 days after the date of the official canvass as provided for herein. If a runoff election is necessary, it shall be ordered by the mayor not later than five (5) days after the canvassing of the returns of the general election. As provided in Section 2.028 of the Code, should candidates in the runoff election tie, they shall cast lots to determine the winner. Section 6. Election Precincts: Polling Places: Election Hours. The polling location for precinct 25 shall be the Southfork Mobile home Park Clubhouse, 210 Southfork Boulevard. The polling location for precincts 27, 83, and 56 shall be the First United Methodist Church, 109 W. Jefferson, Wylie, Texas. Section 7. Appointment of Presiding Election Judges and an Alternate Presiding Election Judges: Qualifications to Serve as Election Judge: Confirmation of Appointment: Notice of Appointment. The City Council shall, in accordance with the Texas Election Code, appoint Presiding Election Judges and Alternate Presiding Election Judges not later than March 22, 1995. The City Secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judges and the Alternate Presiding Judges notice of their appointments not later than twenty (20) days from the date of appointment. Section 8. Appointment of Clerks. The Presiding Judges upon appointment shall each appoint not less than two (2) nor more than eight (8) qualified election clerks to serve and assist in the conduct of the election, provided, however, that if the Presiding Judges named actually serve as expected, the Alternate Presiding Judges shall each be one of such clerks. All election clerks shall be qualified voters of the City. 2 Section 9. Compensation of Election Judges and Election Clerks. The Presiding Election Judges, Alternate Presiding Judges and each Election Clerk shall be compensated at the rate of $6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judges shall each also be paid the additional sum of $30.00 for delivering the returns of the election. Such payments shall not exceed the maximum amounts set forth in Sections 32.091 and 32.092 of the Code. Section 10. Method of Voting: Election Materials. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the election. Voting at the election shall be by use of paper ballots to be manually tabulated. Preparation of the official ballots for the election shall conform to the requirements of the Code, and shall permit the voters to vote for three (3) councilmembers, one (1) each for Places 1, 3, and 5 and for a two (2) year term each. Each elector shall indicate his/her vote in the space provided beside each candidate's name that he/she wishes to vote for, provided, however, that no elector shall vote for more than one (1) member of the Council for each place. Section 11. Governing Law: Qualified Voters. The election shall be held in accordance with the Constitution of the State of Texas, the Texas Election Code, the City Charter, and all resident, qualified electors of the City shall be eligible to vote at the election. In addition, the election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling place and for early voting for the election. Section 12. Publication and Posting of Notice. Notice of the election shall be given by posting a notice of election in both English and Spanish at the City Hall at the Bulletin Board used for posting notices of the meetings of the City Council, at each polling place and one (1) other public place within the City not less than twenty-one (21) days prior to the date upon which the election is to be held, and by publication of said notice at least once in a newspaper of general circulation published within the City, the date of said publication to be not less than ten (10) days nor more than thirty (30) days prior to the date set for the election. In addition thereto, a copy of the notice shall also be filed with the City Secretary at least twenty-one (21) days before the election. Upon publication of the election notice, the City Secretary shall secure a publisher's affidavit which complies with the requirements of the Code. Section 13. Early Voting. Early voting by personal appearance shall be conducted by the City Secretary, who is hereby appointed the Early Voting Clerk, at the office of the City Secretary located at City Hall, 2000 Hwy. 78 North, Wylie, Texas. For the period early voting for the election is permitted by law, the Early Voting Clerk shall keep said office open for early voting by personal appearance during regular hours on Monday through Friday except official State holidays, which hours shall be from 8:00 A.M. to 5:00 P.M., and 3 5:00 P.M. to 8:00 P.M. on Thursdays commencing on April 17, 1995 and terminating on Tuesday, May 2, 1995. Early voting on a Saturday or Sunday if any, shall be conducted in accordance with the requirements of the Code. Applications for early voting by mail shall be delivered to the Early Voting Clerk at the same address not earlier than March 7, 1995, and not later than the close of business on April 28, 1995. Early voting, both by personal appearance and by mail, shall be by paper ballots to be manually tabulated, which ballots shall conform to the requirements of the Code and in so doing, shall permit the voters to vote for three (3) Councilmembers, one (1) each for each of Places 1, 3, and 5 for two (2) year term each. Each elector shall indicate his/her vote in the space provided beside each candidate's name that he/she wishes to vote for, provided, however, that no elector shall vote for more than one (1) member to the Council for each Place. The early ballots shall be canvassed by Early Voting Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge appointed for precincts 83, 27, and 56 shall serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting Ballot Board. The other election officers serving at the First United Methodist Church Polling Place shall serve as the other members of the Early Voting Ballot Board for the election. Section 14. Delivery of Returns: Preservation of Election records. In accordance with the Code, immediately after the closing of the poll of the day of the election in triplicate as follows: one copy shall be retained by the Presiding Election Judge, one copy shall be delivered to the Mayor of the City, and one copy of the returns, together with the ballot boxes and all election supplies, shall be delivered to the City Secretary. All election records and supplies shall be preserved by the City Secretary in accordance with the Code. Section 15. Canvassing of Returns. The City Council of the City shall convene on May 9, 1995, at 7:00 P.M. to canvass the returns of the election. Section 16. Necessary Actions. The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. Section 17. Effective Date. This Resolution shall be in force and effect from and after its passage and it is accordingly so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the 14th day of February, 1995. 4 APPROVED: / ,1 It !er~ tI. ..' CO!f/~ (j Mayor V V ATTEST: , 0~cJ{!~ 5