Loading...
R205RESOLUTION NO. 205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 13, 2006; 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 Council members of the City of Kennedale is required to be held on May 13, 2006, at which time the voters will elect persons to fill the offices of Mayor and City Council Places 2 and 4; 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 offices of Mayor, City Councilmember Place 2 and City Councilmember Place 4 to serve from May, 2006 until May of 2008 or until their successors are duly elected and qualified. The election shall be held on May 13, 2006 between the hours of 7:00 a.m. and 7:00 p.m. at Kennedale City Hall, 405 Municipal Drive, Kennedale, Texas 76060. W:\Kennedale\RESOLUTI\Election 05-13-06.wpd (02/23/06) Page 1 Section 2. Joint Election Agreement Approved. The Joint Election Agreement for Tarrant County and the City of Kennedale (the "Agreement") is 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. 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., from February 11, 2006 through March 13, 2006. Section 4. Early Voting. a. Early voting by personal appearance. Early voting by personal appearance shall commence May 1, 2006 and shall continue Monday through Friday, until May 9, 2006 at the locations designated in the Agreement for joint election, which is attached herein as Exhibit "A". 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. Gayle Hamilton, the Tarrant County Election Administrator ("Elections Administrator") is hereby designated as Early Voting Clerk for the general election. Applications for early voting by mail may be delivered to the the Elections Administrator at the following address: Early Voting Clerk, P.O. Box 961011, Fort Worth, Texas 76161-0011, not earlier than March 14, 2006 and not later than close of business on April 28, 2006, if delivered in person, and May 5, 2006 if delivered by mail. Early voting by ballots shall be mailed to the Elections Administrator at the same address. c. Early voting by 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. W:\Kennedale\RESOLUTI\Election 05-13-06.wpd (02/23/06) Page 2 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. 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) forearly voting by personal appearance and election day. The City Council hereby adopts the Hart InterCivic eScan for election day and the 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. 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. The City Secretary of the City of Kennedale 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. 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. W:\Kennedale\RESOLUTI\Election 05-13-06.wpd (02/23/06) Page 3 Section 11. Effective Date. This resolution shall be effective upon its adoption. PASSED AND APPROVED this N ~, ., ~y+OF......N~®~ ;; -~,. ,~~ • ~~r' 'v~~ AT~: ' :~' m >, •~, r,. ..oQ...•'~ '~. -., day of r~Axcx , 2006. CIT OF KENNE E M or City Secretary W:\Kennedale\RESOLUTI\Election 05-13-06.wpd (02/23/06) Page 4 :+ ;;1'~ ~'1 JOINT ELECTION AGREEMENT FOR TARRANT COUNTY AND CITY OF KENNEDALE MAY 13, 2006 ~~THIS AGREEMENT is made and entered into this / day of Gt'~,Gc 2006, by and between the COUNTY OF TAR ANT, acting by and through a TARRANT COUNTY ELECTIONS ADMINISTRATOR (hereinafter referred to as "COUNTY") and the CITY OF KENNEDALE, TEXAS, acting by and through its Mayor or his/her designee (hereinafter referred to as "Entity"). WHEREAS, the County of Tarrant will conduct a Special Bond Election and the City of Kennedale will conduct a General Election on May 13, 2006; and WHEREAS, it is desirable for voter convenience and to reduce the overall cost to each entity that said elections be held jointly on May 13, 2006; and WHEREAS, the City of Kennedale has found and determined that the designated polling places located outside the boundary of the election precinct or political subdivision adequately and conveniently serves the affected voters and will facilitate the orderly conduct of the election; and WHEREAS, the City of Kennedale desires to select the Tarrant County Elections Administrator to conduct and coordinate this joint election; NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual project referenced herein, the parties hereto agree to hold an election jointly on May 13, 2006, from 7:00 a.m. until 7:00 p.m., in accordance with Section 271.002, Texas Election Code, and that said election be conducted jointly pursuant to the terms of this Agreement. I. AGREEMENT GENERAL TERMS: 1.01 On Saturday, May 13, 2006, the election shall be held from 7:00 AM until 7:00 PM, that day. 1.02 Each political subdivision participating in the election on May 13, 2006, shall have and use the same election officials, supplies, ballots, and voting equipment (Optical Scan for mail and Election Day, and DRE equipment for Early Voting by personal appearance and Election Day). 2/11/20063:35 PM r II. TARRANT COUNTY 2.01 The County agrees to coordinate, supervise, and conduct the Joint Election, pursuant to the provisions of the Texas Election Code unless specifically provided otherwise in this Agreement. 2.02 The Elections Administrator shall perform the following duties: a. Designate voting locations and contact the owners or custodians of public (or if unavailable, private) buildings and arrange for their use. Such voting locations shall be furnished to the entity as soon as possible. b. Appoint, notify, and train the presiding judges and alternate judges. The names and addresses of each judge and alternate judge shall be furnished to the entity at a later date. c. Compensate election judges and clerks. Each election judge will receive $8.00 per hour and each clerk will receive $7.50 per hour (for a maximum of 14 hours). The election judge will receive an additional $25.00 (for each entity) for picking up the election supplies prior to Election Day and for delivering election returns and supplies to a designated location after the polls close. d. Procure, prepare, and distribute supplies and DRE equipment for Early Voting by personal appearance. e. Procure, prepare, and distribute Election Day supplies and equipment, including ballots and DRE equipment. f. Procure, prepare, and distribute tables and chairs, as needed, and transport equipment to and from the polling places. g. Procure and deliver to polling places all voting equipment. h. Rent, if necessary, voting locations. Provide lists of registered voters to the election judges. Preparation of programs and test materials for tabulation of the ballots to be used with electronic voting equipment in accordance with the provisions of the Texas Election Code and of this Agreement. 2/ 11 /20063 :3 5 PM 2 ~ r k. Publish notice of the date, time, and place of the testing of the electronic tabulation equipment and conduct such testing. Supervise the handling and disposition of election returns, tabulate unofficial returns, and assist in preparing the tabulation for the official canvass for each entity. m. Prepare the canvass report after all precincts have been counted and deliver a copy of the appropriate part of the tabulation report to each entity. n. Prepare and publish the Notice of Joint Election, which is the required and described method of giving notice in accordance to Texas Election Code (Sec 4.003(a)(1). o. Serve as custodian of election records and store election records as provided by law for a period of 22 months. p. Conduct the manual count. q. Provide maps and other reference guides. III. EARLY VOTING 3.01 Early Voting By Mail: a. The County Elections Administrator shall be responsible for Early Voting ballot requests by mail. b. The entity or designee shall forward any requests by mail applications to the Elections Administrator. c. The County shall be responsible for all preparation of mail ballots including mailing ballot to voter. 3.02 Early Voting by Personal Appearance a. Gayle Hamilton shall serve as Early Voting Clerk for the Election and other clerks shall be appointed as needed. b. Early Voting by personal appearance shall be conducted at the locations listed on Exhibit B. All eligible voters in Tarrant County may vote early at any early voting location. 2/11/20063:35 PM ~~ c. Early Voting by personal appearance will begin on May 1, 2006, and will end on May 9, 2006. d. Extended hours for early voting shall take place at all early voting locations on Saturday, May 6 from 7:00 AM to 7:00 PM, Sunday, May 7 from 11:00 AM to 4:00 PM, Monday, May 8, and Tuesday, May 9 from 7:00 AM to 7:00 PM. Additionally, temporary branch Early Voting locations will be available according to the schedule. 3.03 The Early Voting Ballot Board Judge for Tarrant County shall be Jeanne Lyons. The Early Voting Ballot Board's duties will include: (1) Serve as Signature Verification Committee (2) Prepare the mail ballots for tabulating (3) Review and qualify the provisional ballots for counting (4) Convene to count provisional ballots and late ballots from out of the country. (6th day or earlier after Election Day) IV. CITY OF KENNEDALE The City shall have the following responsibilities in conducting this joint election on May 13, 2006; 4.01 Prepare any election orders, resolutions, notices, and other pertinent documents for adoption for execution by the appropriate officer; and take all actions required by law for calling the election, handling contests, canvassing the returns, and declaring the results of the election. 4.02 Prepare and furnish to the County information for the required election notice to be published. 4.03 Deliver to the Elections Administrator the official wording, including Spanish translation, to be printed on the ballot. 4.04 Approve final ballot wording for content, form, and spelling. 4.05 Prepare and submit to the U.S. Department of Justice, under Section 5 of the Voting Rights Act of 1965, the required submission on voting changes with respect to the election. 2/11/20063:35 PM ., ,;, 4.06 Pursuant to Texas Election Code Sec. 67.003, canvass the official results between the 3~d and 11th day following the election. V. PAYMENT FOR SERVICES 5.01 In consideration for the services and expenses provided by the County for conducting this joint election, the County is conducting the joint election for a cost of $1,654.00 to the City, 75% of the estimated cost of an election in the City of Kennedale. 5.02 Should a recount be required, those costs associated with the recount, if any, shall be negotiated at the time the need for said recount is determined. 5.03 The official for parties to contact for all purposes shall be listed at the end of the Agreement. All notices and other deliveries under the Agreement shall be delivered to said individual so listed. 2/11/20063:35 PM . , ~+ ACCEPTANCE: On behalf of Tarrant County Elections Administration, Thereby accept the terms of the Agreement contained in this Resolution. Signed this ~3 day of ~`~- , 2006. ~~~~~~~ Gayle amilton Interim Elections Administrator Tarrant County, Texas On behalf of the City of Kennedale, I hereby accept the terms of this Agreement. Signed this 9 day of i~~~~G'~! , 2006. Kathy Tur er City Secretary City of Kennedale, Texas IN WITNESS WHEREOF, the above Resolution and Agreement was a pted at a me of a Commissioner's Court of Tarrant County on the day of 6. COUNTY OF TARRANT Tom Vandergriff, County Judge Tarrant County Commissioners Court Officials for notice: Gayle Hamilton County of Tarrant Interim Elections Administrator 2700 Premier Street Fort Worth, Texas 76111 817-831-6463 Kathy Turner City of Kennedale City Secretary 405 Municipal Drive Kennedale, Texas 76060 817-483-1296 2/11/20063:35 PM t .4 TARRANT COUNTY COMMISSIONERS COURT RESOLUTION CALLING FOR JOINT ELECTION WITH THE CITY OF KENNEDALE WHEREAS, on Saturday, May 13, 2006, Tarrant County is required to conduct a Special Bond election; and WHEREAS, the City of Kennedale will hold a General Election; and WHEREAS, it is desirable that said elections be held jointly by the City of Kennedale and Tarrant County; NOW, THEREFORE, BE IT HEREBY RESOLVED that we, the Commissioners Court of Tarrant County, will hold the Election jointly with the City of Kennedale, pursuant to Section 271.002 of the Texas j=lection Code. MOTION was made by seconded by and that the Resolution, above and foregoing, be adopted. AYES: NOES: The above Resolution was voted on a a regular meet that he Commissioners Court of Tarrant County held on the day of , 2006. ~G''.. i TOM VANDERGRIFF, TA COUNTY JUDGE TARRANT COUNTY CO MI NERS COURT ATTEST: TA RANT COUNTY COMM NERS COURT 2/11/20063:35 PM .` *''` UNOFFICIAL ** May 13, 2006 (13 DE MAYO DEL 2006) TARRANT COUNTY SPECIAL BOND AND JOINT ELECTIONS (ELECClONES ADJUNTOS Y DE BONOS ESPECIALES DEL CONDADO DE TARRANT) EARLY VOTING BY PERSONAL APPEARANCE DAYS AND HOURS (DIAS Y HORAS DE VOTAC/ON TEMPRANO POR APARICION PERSONAL) May (MayD) 1 - 5 Monday -Friday (canes - vremes) 8:00 a.m. - 5:00 p.m. May (MayD) 6 Saturday (SabaaD! 7:00 a.m. - 7:00 p.m. May (MerDl 7 Sunday (DOm1ngD) 11:00 a.m. - 4:00 p.m. May tMayDl 8 - 9 Monday -Tuesday (LNnes-Mertes) 7:00 a.m. - 7:00 p.m. SEE LISTS OF LOCATIONS ON BACK !~lER LA LISTA DF GASETA A R V R O) EARLY VOTING BY MAIL (VOTACION TEMPRANO POR CORREOJ TO RECEIVE A BALLOT APPLICATION OR FOR MORE INFORMATION CALL TARRANT COUNTY ELECTIONS ADMINISTRATION: 817-831-VOTE (8683) (PARA RECIBIR UNA APLICAClON PARA BOLETA O PARR MAS /NFORMAC/ON LLAMAR AL ADM/NISTRADOR DE ELECCI6NES DEL CONDADO DE TARRANT 817- 831-VOTE (8883) Applications for a ballot by mail may be submitted between March 14, 2006, and May 5, 2006 with one of the fOIIOWIng fegUirementS: (Aplicaciones pare una bolets pot correo pueden ser sometidas antra el 14 de Matzo del 2006, y5de Mayo de12006, con uno de /os siguientes requislfos:) 1. Age of voter is 65 or over on Election Day. (Egad dal voranre es s5 o mos el Dia de E~eocion.) 2. Voter is disabled. (voranre esra incapacirado.) For #1 or #2, the ballot must be mailed to the voter registration residence address/mailing address or to a hospital, nursing home/long-term care facility, retirement center or address of a relative. The relationship Of the relatlVe mUSt be IndlCated. (Para #l o #2 /a bo/eta debe ser enviada a la direccion residenciaUdirecciondecorreoderegisbD de votante o ~ un hospital, clinics Para corivalecientes o ancianos/facilidad de cuidado de formino largo, Centro de jubilacion o direccion de iIn pariente. Debe indicar e! parentesco del pariente.) 3. Voter is confined in jail -ballot must be mailed to the jail or address of a relative. (voranre esra encarce/ado - bo/eta debe ser enviada 91a carce/ o a /a direccion de un pariente.) 4. Voter expects to be out of the county on Election Day and during the regular hours for conducting early voting -ballot must be mailed to an address outside the county. (voranre espere ester afuara del condado e/ Dia de E/ecclon y durance las hores regulates de conducir Votacibn temprano - bolate debe ser enviada a una direccion afuara del condado.) Applications must be received at the following address NO LATER THAN FRIDAY, MAY 5, 2006. (Aplicaciones deben ser rec/bidas oor correo a la direccion siauienfe NO MAS TARDAR DEL V/ERNES, 5 DE MAYO DEL 2006) GAYLE HAMILTON, EARLY VOTING CLERK PO BOX 961011 FORT WORTH TX 76161-0011 FOR VOTERS WRH ONSET OF AN ILLNESS ON OR AFTER M4Y 4, 2006, EMERGENCY 8ALL0T APPLICATIONS MUST BE RETURNED NOLATERTHAN S ~ EUS;IaN DAY, AT THE TARRANT COUNTY ELECTIONS CENTER, 2700 PREMIER ST., FORT WORTH 76111 (SEC. 102.001, TEXAS ELECTION CODE. (P~aswravr~OCrI PRINCIPIOS DE UNA ENFERMEDAD EN 0 DESPUES DEL 4 DE MAYO DEL 2008, APLIOACIONES PARA 90LETA DE EMERGENCIA DEBE SER REG4ESADA NO MAS TARDAR DE US 5 PM, EL Ow DE EIPDpOYBJ ELC'JITRO DE EIECCIONES, YIOO PREMIER ST., Farr Norm 78111 (SEC. 102.001, CODIGOOE EIECCIONDE TEJAS. J Rcvised 2n 8/20064:01:50 PM May 13, 2006 (13 DE MAYO DEL 2006) TARRANT COUNTY SPECIAL BOND AND JOINT ELECTIONS (ELECCIONES ADJUNTO S Y DE BONGS ESPECIALES DEL CONDADO DE TARRANT) Full V oting Schedule at the Following Locations (Votacron Comp/eta en las sigaientes casetas) 1. MAIN EARLY VOTING LOCATION, Tarrant County Annex 13. Griffin Sub-Courthouse 25. Riverside Community Center 600 West Weatherford Street 3212 Miller Avenue 3700 East Belknap Street Fort Worth, TX 76] 02 Fort Worth, TX 76119 Fort Worth, TX 76111 2. Arlington City Hall 14. Haltom City Recreafion Center 26. Sherrod Elementary School 101 West Abram Street 4839 Broadway Avenue 2626 Lincoln Drive Arlington, TX 76010 Haltom City, TX 761 ] 7 Arlington, TX 76006 3. Azle Public Library 15. Handley-Meadowbrook Community 27. Sonny and Allegra Nance 609 Southeast Parkway Center Elementary Azle, TX 76020 6201 Beaty Street 701 Tierra Vista Way 4. Bedford Public Library Fort Worth, TX 76112 Fort Worth, TX 76131 1805 L Don Dodson 16. Hurst Recreation Center 28. South Service Center Bedford, TX 76021 700 Mary Drive 1100 S.W. Green Oaks Boulevazd 5. Benbrook YMCA Hurst, TX 76053 Arlington, TX 76017 1899 Winscott Road 17. Keller Town Hall 29. Southlake Town Hall Benbrook, TX 76126 1100 Beaz Creek Pazkway 1400 Main Street 6. Bob Duncan Community Center Keller, TX 76248 Southlake, TX 76092 2800 South Center Street 18. Kennedale City Hall 30. Southside Community Center Arlington, TX 760]4 405 Municipal Drive 959 East Rosedale Street 7. Colleyville City Hall Kennedale, TX 76060 Fort Worth, TX 76104 100 Main Street 19. Mahaney Community Center 31. Southwest Regional Library Colleyville, TX 76034 6800 Forest Hill Drive 4001 Library Lane 8. Como Elementary School Forest Hill, TX 76140 Fort Worth, TX 76109 4000 Home Street Fort Worth, TX 76107 20. Mansfield Sub-Courthouse 32. Southwest Sub-Courthouse 1100 East Broad Street 6551 Cranbury Road 9. Crowley Public Library Mansfield, TX 76063 Fort Worth, TX 76133 409 South Oak Street Crowley, TX 76036 21. North Richland Hills Recreation Center 33. Starrett Elementary School 6720 Northeast Loop 820 2675 Fairmont Drive 10. Diamond Hill/Jarvis Library North Richland Hills, TX 76180 Grand Prairie, TX 75052 1300 Northeast 35th Street Fort Worth, TX 76106 22 Northeast Sub-Courthouse 34. White Settlement Recreation Center 645 Grapevine Highway 8213 White Settlement Road 11. Euless Public Library Hurst, TX 76054 White Settlement, TX 76108 201 North Ector Drive Euless, TX 76039 23. Northwest Sheriff Patrol Building 35. Worth Hei is Communi Center gh tY 6651 Lake Worth Boulevazd 3551 New York Avenue 12. Grapevine Community Activities Center Lake Worth, TX 76135 Fort Worth, TX 76110 1175 Municipal Way Grapevine, TX 76051 24. Richland Hills Community Center •• Eme enc Ballots-Onl at t'g y y 3204 Diana Drive Tarrant County Elections Center Richland Hills, TX 76118 2700 Premier Street Fort Worth, TX 76111 Temporary Branch Early Voting Locations (Case[as Temporales pars Votacion Temprano) May (Mayo) 1 _ 3 A. Grand Prairie Development Center 206 W Church Street Grand Prairie, TX 75050 Monday -Wednesday (canes-Miereores) 8:00 a.m. - 5:00 p.m. B. Pantego Town Hall C. Westlake City Hall 1614 South Bowen Road 2650 J.T. Ottinger Road Pantego, TX 76013 Westlake, TX 76262 _. May (Mayo) 5 Friday (Vierttes) 8:00 a.m. - 5:00 p.m. May (Mayo) 6 Saturday (sabatto) 7:00 a.m. - 7:00 p.m. May (Mayo) 7 Sunday (Domingo) 11:00 a.m. - 4:00 p.m. May (Mayo) 8 - 9 Monday-Tuesday (Lanes-Manes) 7:00 a.m. - 7:00 p.m. D. Dalworthington Gardens City Hall F. East Regional Library 2600 Roosevelt Drive 6301 Bridge Street Dalworthington Gardens, TX 76016 Fort Worth, TX 76012 E Eagle Mountain-Saginaw G. Haslet City Hall ISD Administration Bldg. 105 Main Street 1200 Old Decatur Road Haslet, TX 76052 Fort Worth, TX 76179 U.S. Department of Justice Civil Rights Division JKT:KD:HMMadf par DJ 166-012-3 2006-3135 Voting Section - NWB 950 Pennsylvania Avenue, NW Washington, DC 20530 May 22, 2006 Betsy Elam, Esq. Taylor Olson Adkins Sralla Elam 6000 Western Place, Suite 200 Fort Worth, Texas 76107 Dear Ms. Elam: This refers to the change in voting method and the procedures for conducting the May 13, 2006 joint election with numerous jurisdictions by Tarrant County, including early voting changes, for the City of Kennedale in Tarrant County, Texas, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on March 24, 2006. The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes. Procedures for the Administration of Section 5 of the Voting Rights Act (28 C.F.R. 51.41). Please be advised that Sections 4(f)(4) and 203(c) of the Voting Rights Act require that the audio function of the accessible voting device include both an English and Spanish version to serve voters with limited English proficiency. See the Attorney General's Language Minority Guidelines (28 C.F.R. Part 55), available at www.usdoj.gov/crt/voting/28cfr/55/28cfr55.htm. Sincerely, _._ -_ _,~- _. _a_~_.~~ ,l John Tanner ~ ~ ~ Chief, Voting Section