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Home My WebLink About17-1508 08-15-2017 RESOLUTION NO. 17-1508 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 7, 2017 TO ALLOW THE VOTERS TO CONSIDER VOTING FOR OR AGAINST THE FOLLOWING PROPOSITION: THE LEGAL SALE OF ALL ALCOHOLIC BEVERAGES FOR OFF-PREMISE CONSUMPTION ONLY; DESIGNATING POLLING PLACES; ESTABLISHING THE DATES AND TIMES OF EARLY VOTING FOR SUCH ELECTION; PROVIDING FOR CANVASSING THE RETURNS; AND AUTHORIZING A CONTRACT WITH TARRANT COUNTY TO FURNISH ELECTION SERVICES AND EQUIPMENT. WHEREAS, Chapter 501 of the Texas Election Code and Chapter 251 of the Texas Alcoholic Beverage Code provide for the holding of local option elections; and WHEREAS, Section 501.032 of the Texas Election Code requires the City to order an election upon receipt of a valid petition containing signatures of at least 35 percent of the registered voters in the political subdivision who voted for governor in the most recent gubernatorial election, which equals 2,881 signatures; and WHEREAS, on June 12, 2017, the City of Euless received a petition meeting the requirements of Chapter 501 of the Texas Election Code and containing 3,933 valid signatures requesting a local option election be held for voters to consider voting for or against "the legal sale of all alcoholic beverages for off-premise consumption only"; and WHEREAS, the Charter of the City of Euless, Texas provides that the Election Code of the State of Texas is applicable to conducting City elections, and in order to comply with said code an order should be passed establishing the procedure to be followed in said election, and designating the voting place for said election; and WHEREAS, all legal prerequisites for the adoption of this resolution have been met, including but not limited to the Election Code, the Alcoholic Beverage Code, the Local Government Code and the Open Meetings Act; and WHEREAS, the City Council hereby declares that the approval of this resolution is in the best interests of the health, safety, and welfare of the public; and WHEREAS, the Euless City Council has determined that a contract with Tarrant County Elections Administration for election services and equipment is in the best interest of the City of Euless. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. The City Council of the City of Euless, Texas, at a regular meeting held this date, does hereby order a Special election to be held on the first Tuesday following the first Monday in November, that being November 7, 2017, for the purpose of submitting to the qualified voters of the City of Euless the determination of the following issue: The legal sale of all alcoholic beverages for off-premise consumption only. La yenta legal de todas bebidas alcohOlicas para consumo solamente fuera del establecimiento. Viec buon ban hap phap tat ca cac loai do uong co con chi áp dung cho ser dung tai cho. The ballot shall be prepared so that the voters can vote for or against the above issue. SECTION 2. The Mayor is hereby authorized to execute a contract with the Tarrant County Elections Administrator for the purpose of having Tarrant County furnish all or any portion of the election services and equipment needed by the City Secretary to conduct the election. The contract document and election services provided therein shall conform to Chapter 31, Subchapter D, of the Texas Election Code and other applicable statutes and laws. SECTION 3. The election services contract shall provide (a) the type of electronic voting equipment to be used 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. SECTION 4. Combined ballots may be utilized containing all of the offices and propositions to be voted on at each polling place, provided that no voter shall be given a ballot or permitted to vote for any office or proposition on which the voter is ineligible to vote. Returns may be made on forms, which are individual or combined, and the Tarrant County Election Administrator shall be designated as the custodian of the combined records. SECTION 5. Stephen Vickers, Acting Tarrant County Elections Administrator, 2700 Premier Resolution No. 17-1508, Page 2 of 4 Street, Fort Worth, Texas, 76111, or his successor is hereby appointed as Early Voting Clerk and Kim Sutter, City Secretary, 201 North Ector Drive, Euless, Texas, shall serve as Deputy Early Voting Clerk. Applications for ballot by mail must be received by 12 noon or close of business, whichever is later, by Friday, October 27, 2017, (Mailing Address: P.O. Box 961011, Fort Worth, Texas, 76161-0011; Attention: Early Voting Clerk.) SECTION 6. Early voting by personal appearance shall be conducted at the Mary Lib Saleh Euless Public Library, 201 N. Ector Drive, Euless, Texas, and at the County's Main Early Voting location, 2700 Premier Street, Fort Worth, Texas, 76111. Branch offices for early voting shall also be established as outlined in the joint election agreement with Tarrant County. Early voting by personal appearance will begin on Monday, October 23, 2017, and will end on Friday, November 3, 2017, and the hours designated for early voting by personal appearance shall be as set forth below: Oct. 23 — Oct. 27 (Monday— Friday) 8:00 a.m. to 5:00 p.m. October 28 (Saturday) 7:00 a.m. to 7:00 p.m. October 29 (Sunday) 11:00 a.m. to 4:00 p.m. Oct. 30 — Nov. 3 (Monday— Friday) 7:00 a.m. to 7:00 p.m. Applications for early voting by mail shall be delivered to the Early Voting Clerk at the address set forth in Section 5 not earlier than January 1, 2017, and not later than 12 noon or close of business, whichever is later on October 27, 2017, if received by mail. For purposes of processing ballots cast in early voting, the election officers for the Early Voting Ballot Board shall be appointed and designated in accordance with the provisions of the election agreement with Tarrant County. SECTION 7. All resident, qualified voters, determined by the laws of the State of Texas, the Charter and ordinances of the City of Euless shall be qualified to vote at such election. Voting on Election Day, November 7, 2017, shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. at the following locations: Precinct I Polling Location 1175 St. John Missionary Baptist Church, 3324 House Anderson Road, Euless, Texas ! 76040 1547 St. John Missionary Baptist Church, 3324 House Anderson Road, Euless, Texas 76040 1603 Candlewood Suites Hotel, 4200 Reggis Court, Fort Worth, Texas 76155 3036 Mary Lib Saleh Euless Public Library, 201 North Ector Drive, Euless, Texas 76039 Resolution No. 17-1508, Page 3 of 4 3160 South Euless Baptist Church, 1000 Simmons Drive, Euless, Texas 76040 3183 Calvary Baptist Church, 304 Calvary Drive, Euless, Texas 76040 3216 Bear Creek Elementary, 401 Bear Creek Drive, Euless, Texas 76039 3247 Central Junior High School, 3191 West Pipeline Road, Euless, Texas 76040 3322 Concordia Lutheran Church, 3705 Harwood Road, Bedford, Texas 76021 3329 South Euless Elementary, 605 South Main Street, Euless, Texas 76040 3335 Lakewood Elementary, 1600 Donley Drive, Euless, Texas 76039 3336 New Life Family Church, 601 East Airport Freeway, Euless, Texas 76039 3389 Life Connection Church, 208 Nutmeg Lane, Euless, Texas 76039 3391 United Memorial Christian Church, 1401 North Main Street, Euless, Texas 76039 3446 South Euless Elementary, 605 South Main Street, Euless, Texas 76040 3511 United Memorial Christian Church, 1401 North Main Street, Euless, Texas 76039 3566 Grapevine Elementary, 1801 Hall-Johnson Road, Grapevine, Texas 76051 3574 Covenant Church, 3508 Glade Road, Colleyville, Texas 76034 SECTION 8. The election shall be held in accordance with the Constitution of the State of Texas and the Election Code. The results of the election shall be certified, canvassed, and returned in the form and manner prescribed by the laws of the State of Texas and the charter and ordinances of the City of Euless. SECTION 9. The notice of the election hereby ordered and called shall be promulgated, published and posted in keeping with the laws of the State of Texas, and the charter and ordinances of the City of Euless. SECTION 10. The City Manager 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 or not expressly authorized herein. APPROVED AND ADOPTED at a regular meeting of the Euless City Council on August 15, 2017 by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: ATTEST: Lindalfartinar irvi Sutter, TRMC, City Secretary Resolution No. 17-1508, Page 4 of 4