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R575RESOLUTION NO. 575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON NOVEMBER 3, 2020; APPROVING A JOINT ELECTION WITH TARRANT COUNTY; 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, pursuant to a declaration of disaster issued by the Governor, the General Election for City of Kennedale was postponed from May 2, 2020 to November 3, 2020, at which time the voters will elect persons to fill the offices of Mayor and City Council Places 2 and 4, with all places to be elected for terms ending May, 2022; and WHEREAS, the early voting period for the election has been extended by the Governor; and WHEREAS, the election will be held as a joint election, conducted under the authority of Chapter 271 of the Texas Election Code (the "Code"); and WHEREAS, by this Resolution, it is the intention of the City Council to adopt all requirements of an election order in accordance with state law, and authorize a contract with Tarrant County for joint election services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. GENERAL ELECTION CALLED. That a general election shall be held to elect the Mayor and City Council Places 2 and 4 to serve until May, 2022 or until their successors are duly elected and qualified. Such election shall take place on the 3rd day of November, 2020, between the hours of 7:00 a.m. and 7:00 p.m. at Kennedale Community Center (in the Kennedale Public Library), 316 W. 3rd Street, Kennedale, Texas 76060. SECTION 2. JOINT ELECTION AGREEMENT APPROVED. The Mayor is authorized to execute a Joint Election Agreement with Tarrant County (the "Agreement") for the purpose of having Tarrant County furnish all or any portion of the election services and equipment needed to conduct the election. The Agreement and election services provided therein shall conform to Chapter 31, Subchapter D of the Code and other applicable statutes and laws. In the event of conflict between this Resolution and the Agreement, the Agreement shall control. Page 1 of 4 R575 CITY OF KENNEDALE, TX 2020 SECTION 3. APPLICATION FOR PLACE ON BALLOT. The City is preserving all candidate filings and ballot order actions that have already taken place. This Resolution does not have the effect of reopening candidate filings. SECTION 4. EARLY VOTING. a Early Voting by Personal Appearance. Early voting by personal appearance shall be conducted beginning October 13, 2020, and continue through October 30, 2020, at the Kennedale Community Center (in the Kennedale Public Library), 316 W. 3rd Street, Kennedale, Texas 76060, or at other locations in accordance with the Agreement, at the following times: OCTOBER 13-17 TUESDAY — SATURDAY OCTOBER 19-23 MONDAY — FRIDAY OCTOBER 24 SATURDAY OCTOBER 25 SUNDAY OCTOBER 26-30 MONDAY FRIDAY 8:00 A.M. — 5:00 P.M. 8:00 A.M. — 5:00 P.M. 7:00 A.M. — 7:00 P.M. 11:00 A.M. 4:00 P.M. 7:OOA.M.-7:00 P.M. Branch offices for early voting by personal appearance shall also be established as outlined in the Agreement. b. Early Voting by Mail. Heider Garcia, the Tarrant County Elections Administrator, or his successor, acting pursuant to Texas Government Code §601.002 ("Election Administrator"), is hereby designated as Early Voting Clerk for the election. Applications for early voting by mail may be delivered not later than the close of business on October 23, 2020 to the Election Administrator in any of the following ways via mail to Early Voting Clerk, P.O. Box 961011, Fort Worth, Texas 76161-0011; via courier or hand delivery to Tarrant County Elections, 2700 Premier St., Fort Worth, Texas 76111-3011; via fax to 817-850-2344; or via email to votebymail@tarrantcounty.com On July 27, 2020, the Governor, by proclamation, suspended Section 86.006(a-1) of the Code for any election ordered or authorized to occur on November 3, 2020, to the extent necessary to allow a voter to deliver a marked mail ballot in person to the Early Voting Clerk's office prior to and including on election day. 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. Page 2 of 4 R575 CITY OF KENNEDALE, TX 2020 SECTION 5. APPOINTMENT OF ELECTION JUDGE AND ALTERNATE ELECTION JUDGE. 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; COSTS. The Agreement shall provide (a) the type of electronic voting equipment to be u sed for early voting by personal appearance and on election day, (b) notification and training for election judges and clerks, (c) an estimate and final payment terms for the election services provided, (d) agreements for early voting equipment and voting machine rental, and (e) other procedures to conduct the election. All expenditures n ecessary for the conduct of the election, the purchase of materials therefor, and the employment of all election officials are hereby authorized, and shall be conducted in accordance with the Code. 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. S ECTION 8. PUBLICATION AND POSTING OF NOTICE OF ELECTION. N otice of the election shall be given as required by Chapter 4 of the Code. SECTION 9. NECESSARY ACTIONS. The Mayor and the City Secretary, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of federal and state law in carrying out and conducting the election, whether o r not expressly authorized herein. SECTION 10. RUNOFF ELECTION. The Council hereby orders that, following the canvass of the November 3, 2020 election, any runoff election required shall be held in accordance with Section 2.025(a) of the Code, and on a date as agreed to between the City of Kennedale and the Tarrant County Elections Administration. SECTION 11. EFFECTIVE DATE. This Resolution shall be effective upon its adoption. Page 3of4 R575 CITY OF KENNEDALE, TX 2020 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE ON THE 11TH DAY OF AUGUST, 2020. ATTEST: CIT a/ 7,(1,thutet SECRETARY LESLIE E. GALLOWAY APPROVED AS TO FORM AND LEGALITY: CITY ATTO " NEY DREW LARKIN APPROVED: MAYOR BRIAN JOHNSON nva�Q l� wi c s e plei %® tt OF A,11: A 04) ;a 0 Dry sf eats 0 ,e}v, ry,�•,� n ft f): 00 1P CS 051 tpe 1_4.0rts te X : - - " "PC 0 0. 1ti 0? / i't♦ O 6 e" `es p"� r. a Page 4 of 4 R575 CITY OF KENNEDALE, TX 2020