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R314 RESOLUTION NO. 314 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 8, 2010; APPROVING A JOINT CONTRACT WITH TARRANT COUNTY ELECTIONS ADMINISTRATOR TO ADMINISTER THE ELECTION; 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 of the City of Kennedale is required to be held on May 8, 2010, at which time the voters will elect persons to fill the Office 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 217 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 a Mayor and City Council Places 2, and 4 to serve from May of 2010 until May of 2012 or until their successors are duly elected and qualified. The election shall be held on May 8, 2010 between the hours of 7:00 a.m. and 7:00 p.m., at the 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 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. 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 8, 2010 through March 8, 2010. Section 4. Early Voting. a. Early voting by personal appearance. Early voting by personal appearance shall be conducted beginning on April 26, 2010 and continuing through May 4, 2010 in Kennedale at the Kennedale Community Center, 316 W. 3 Street, Kennedale, Texas 76060 at the following times: Monday, April 26, 2010 8:00 a.m. — 5:00 p.m. Tuesday, April 27, 2010 8:00 a.m. — 5:00 p.m. Page 1 of 3 Wednesday, April 28, 2010 8:00 a.m. — 5:00 p.m. Thursday, April 29, 2010 8:00 a.m. — 5:00 p.m. Friday, April 30, 2010 8:00 a.m. — 5:00 p.m. Saturday, May 1, 2010 7:00 a.m. — 7:00 p.m. Sunday, May 2, 2010 11:00 a.m. — 4:00 p.m. Monday, May 3, 2010 7:00 a.m. — 7:00 p.m. Tuesday, May 4, 2010 7:00 a.m. — 7:00 p.m. Additional early voting will be conducted at locations throughout Tarrant County as established by the Agreement. This Resolution will be amended at a later date to include early voting sites added due to the joint elections conducted with other subdivisions pursuant to the Agreement. If there is any discrepancy between this resolution and the Agreement as to early voting locations or times, the Agreement shall control. 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 9, 2010 and not later than close of business on April 23, 2010, if delivered in person, and April 30, 2010, if delivered by mail. Early voting by ballots shall be mailed to the Elections Administrator at 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 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 eSlate (Direct Recording Electronic Voting System) shall be used for voting by personal appearance and on election day the Hart InterCivic eSlate (Direct Recording Electronic Voting System) and Hart InterCivic eScan (Optical Scan Voting System) shall be used. The City Council hereby adopts the Hart InterCivic eSlate DRE for early voting and the Hart InterCivic eSlate DRE and Hart InterCivic eScan for 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. 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 Page 2 of 3 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 8, 2010 election, the Council hereby orders that a runoff election be held on Saturday, June 12, 2010. 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. ,,.a0 PASSED AND APPROVED this 11 day of February, 2010. KENN .• • 11‘ pylyam • �." } .4 S ayor, Bryan Lankhorst • Kathy Turner, City Secretary APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney Page 3 of 3