R224RESOLUTION NO. 224
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 12,
2007; APPROVING A JOINT ELECTION WITH TARRANT COUNTY; AND
ESTABLISHING PROCEDURES FOR THAT ELECTION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas, (the "City") is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, the regular election for City Councilmembers of the City of Kennedale is required
to be held on May 12, 2007, at which time the voters will elect persons to fill the offices of City Council
Places 1, 3 and 5; and
WHEREAS, the election will be held as a joint election, conducted under the authority of
Chapter 271 of the Texas Election Code; and
WHEREAS, by this Resolution, it is the intention of the City Council to designate a polling
place for the election, to appoint the necessary election officers to establish and set forth procedures for
conducting the election, and authorize the Mayor to execute a contract with Tarrant County for
conducting the election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE,TEXAS,THAT:
Section 1. General Election Called. An election is hereby called to elect the office of City
Councilmember Place 1, Councilmember Place 3, and Councilmember Place 5 to serve from May of 2007
until May of 2009 or until their successors are duly elected and qualified. The election shall be held on
May 12, 2007 between the hours of 7:00 a.m. and 7:00 p.m. at Kennedale Community Center, 316 W. 3`d
Street, Kennedale, Texas 76060.
Section 2. Joint Election Agreement Approved. The Joint Election Agreement for Tarrant County and
the City of Kennedale (the "Agreement") attached hereto as Exhibit "A" and incorporated herein for all
purposes is hereby approved and the Mayor is authorized to execute the Agreement. In the event of
conflict between this resolution and the Agreement, the Agreement shall control.
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Section 3. Application for Place on Ballot. Qualified persons may file as candidates by filing
applications in the office of the City Secretary from 8:00 a.m. to 5:00 p.m., Monday through Friday, from
February 10, 2007 through March 12, 2007.
Section 4. Early Voting.
a. Early voting by personal appearance. Early voting by personal appearance shall
commence April 30, 2007 and shall continue Monday through Friday, until May 8, 2007 at the locations
designated in the Agreement. On at least two days during the early voting period, a location for early
voting shall be open for at least twelve (12) hours.
b. Early voting by mail. Steve Raborn, the Tarrant County Election Administrator
("Election Administrator") is hereby designated as Early Voting Clerk for the general election.
Applications for early voting by mail may be delivered to the Election Administrator at the following
address: Early Voting Clerk, P.O. Box 961011, Fort Worth, Texas 76161-0011, not earlier than March 13,
2007 and not later than close of business on April 27, 2007, if delivered in person, and May 4, 2007, if
delivered by mail. Early voting by ballots shall be mailed to the Elections Administrator oat the same
address.
c. Early voting Ballot Board. Early voting, both by personal appearance and by mail,
shall be canvassed by the Early Voting Ballot Board established by Tarrant County under the terms of the
Agreement.
Section 5. Appointment of Election Jude and Alternate Election Jude. The Presiding Election
Judge and Alternate Presiding Judge shall be appointed by Tarrant County as authorized by Chapter 271
of the Code.
Section 6. Method of Voting. The Hart InterCivic eScan (Optical Scan Voting System) shall be used
for voting by personal appearance on election day and the Hart InterCivic eSlate (Direct Recording
Electronic Voting System) for early voting by personal appearance and election day. The City Council
hereby adopts the Hart InterCivic eScan for Election Day and the Hart Intercivic eSlate DRE for early
voting and Election Day. All expenditures necessary for the conduct of the election, the purchase of
materials therefore, and the employment of all election officials are hereby authorized, and shall be
conducted in accordance with the Election Code.
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Section 7. Governing Law and Qualified Voters. The election shall be held in accordance with the
Constitution of the State of Texas and the Code, and all resident qualified voters of the City shall be
eligible to vote at the election.
Section 8. Publication and Posting of Notice of Election. Notice of the election shall be given as
required by Chapter 4 of the Code.
Section 9. Submissions to the United States Justice Department. Tarrant County is authorized to
make such submissions as are necessary to the United States Justice Department to seek pre-clearance for
any changes in voting practices as authorized by the Voting Rights Act of 1965, as amended.
Section 10. 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 11. Runoff Election. Should a runoff election be required following the canvass of the May 12,
2007 election, the Council hereby orders that a runoff election be held on Saturday June 16, 2007. The
polling place on Election Day for the runoff election shall be at the same polling places as those of the
original election and the hours of voting shall be between 7:00 a.m. and 7:00 p.m.
Section 12. Effective Date. This resolution shall be effective upon its adoption.
PASSED AND APPROVED this 8th day of March, 2007.
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~.'~~ .» <, v'® APPROVED:
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E ~ Ma or, Bryan Lankhorst
AT'fiEST~ ~~
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Kathy Turn r, City Secretary
APPROVED AS TO FORM AND LEGALITY:
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Wayne K. Olson, City Attorney
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