R280
RESOLUTION NO. 280
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS, CALLING FOR A GENERAL ELECTION TO BF, HF,LD ON MAY 9,
2009; .APPROVING A JOINT ELECTION WITH TARRANT COUNTY; AN-D
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 X1, Section 5 of the Texas Constitution and Chapter
9 of the I .Deal Government ('ode: and
WHEREAS, the regular election for City Council of the City of Kennedale is required to be held
on May 9, 2009, at which time the voters will elect persons to fill City Council Places 1, 3, and 5; and
WHEREAS, the election will be held as a joint election, conducted under the authority of
Chapter'_71 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.
VOW, THEREFORE, BE IT RESOLVED SY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
Section I. General Election Called. An election is hereby called to elect City Council Places 1, 3, and
to sen e from May of 2009 until May of 2011 or until their successors are duly elected and qualified.
The elution shall be held on May 9, 2009 between the hours of 7:00 a.m. and 7:00 p.m. at Kennedale
Community Center.. 316 W. 3"~ Street, Kennedale, Texas 76060.
Section 2. Joint Election Agreement Approved. The Joint Election Agreement for 'Tarrant County and
the Cit. of Kennedale (the "Agreement") attached hereto as Exhibit "A" and incorporated herein for all
purpose, 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 the as candidates by tiling
applications in the office of the City Secretary from 8:00 a.m. to 5:00 p.m., Monday through Friday, from
February 9. 2009 through March 9, 2009.
Section -l. Early Voting.
a. Early voting by personal appearance. Early voting by personal appearance shall
continence April 27, 2009 and shall continue Monday through Friday, until May 5, 2009 at the locations
determined by Tarrant County. On at least two days during the early voting period, a location for early
voting ;hall be open for at least twelve (12) hours.
b. F,arly 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 76161-001 I, not earlier than March 10,
2009 and not later than close of business on April 24, 2009, if delivered in person, and May 1, 2009, if
delivered by mail Early voting by ballots shall he mailed to the Elections Administrator at the same
address.
c. Early Voting Ballot Board. Early voting, both by personal appearance and by mail,
;hall be canvassed by the Early Voting Ballot Board established by Tarrant County under the terms of the
Agreement.
Section ~. 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 Cude.
Section V. Method of Voting. The Hart InterCivic eSlate (Direct Recording Electronic Voting System)
shall be used for voting by personal appearance and on election day the Hart InterCivic eSlate (Direct
Recordin; Electronic Voting System) and Hart InterCivic eScan (Optical Scan Voting System) shall be
used. I he City Council hereby adopts the Hart InterCivic eSlate DRE for early voting and the Hart
InterCi~ is eSlate DRE and Hart InterCivic eScan for election day. All expenditures necessary for the
conduct ~~f the election, the purchase of materials therefore, and the employment of all election officials
are herehy 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. Necessarv 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 9,
X009 election.. the Council hereby orders that a runoff election be held on Saturday June l3, 2009. 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 12r~ day of February, 2009.
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APPROVE jD:~,,
y
ayor, Bryan Lankhorst
f , I ~A ",,,• ~-?
Kathy Turner, ty Secretary
APPROVED AS "f0 FORM AND LEGALITY:
~1~d~
Wayne K. Olson, Cily Attorney
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