HomeMy WebLinkAbout20-1571 02-25-2020 RESOLUTION NO. 20-1571
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EULESS,
TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD NOVEMBER 3,
2020 PURSUANT TO ARTICLE IV, SECTION 5 OF THE EULESS CITY
CHARTER ON A MEASURE TO ALLOW THE VOTERS TO CONSIDER
VOTING FOR OR AGAINST A PROPOSITION RELATED TO FAIR
OVERTIME AND SCHEDULING STANDARDS; ESTABLISHING THE
DATES AND TIMES OF EARLY VOTING FOR SUCH ELECTION; AND
AUTHORIZING A CONTRACT WITH TARRANT COUNTY TO FURNISH
ELECTION SERVICES AND EQUIPMENT.
WHEREAS, pursuant to Article IV, Section 3 of the Euless City Charter, an initiative
petition was submitted to the City Secretary's office on January 17, 2020 for the purpose of
proposing adoption of an ordinance related to fair overtime and scheduling standards for
certain employers; and
WHEREAS, the Euless City Charter requires an initiative petition submitted to the
City Council to be signed by qualified voters of the City of Euless equal in number to at least
three (3) percent of the number of registered voters who resided in the City of Euless at the
time of the last general municipal election of the city, which equals 907; and
WHEREAS, the City Secretary completed the examination of the initiative petition on
January 27, 2020, and the petition was found to be sufficient with 1,280 signatures of
qualified voters; and
WHEREAS, the petition was certified by the City Secretary (Exhibit "A") and
submitted to the Euless City Council at their regular meeting of February 11, 2020; and
WHEREAS, in accordance with Article IV, Section 5 of the Euless City Charter the
City Council has determined to submit said initiated ordinance without amendment to a vote
of the qualified voters of the City; and
WHEREAS, in accordance with Section 41.001 of the Texas Election Code, the first
authorized uniform election date occurring on or after the date of this order is November 3,
2020; and
WHEREAS, all legal prerequisites for the adoption of this resolution have been
met, including but not limited to the Euless City Charter, the Election Code, the Local
Government Code and the Open Meetings Act; and
WHEREAS, the Euless City Council has determined that a contract with the
Tarrant County Elections Administrator 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 3, 2020, for the purpose of submitting to the
qualified voters of the City of Euless the determination of the following issue:
Employers with more than 200 Employees in the city of Euless shall provide
their Employees with a written Work Schedule no later than 10 days before
the first day of any new schedule. An Employee may decline, without penalty,
to work any hours or additional shifts not included in the Posted Week
Schedule. In an Emergency, an Employer may require an Employee to work
additional hours or shifts not included in the Posted Work Schedule without
obtaining their consent; these additional hours or shifts shall be paid at a rate
three times that of the regular hourly rate of pay. If an Employer reduces an
Employee's hours from what is included in the Posted Work Schedule,
Employee shall be paid for one-half of the total hours reduced at the
Employee's regular hourly rate. The Employer must keep records and file
reports with the City when it utilizes the Emergency overtime option.
Retaliation against employees who exercise their rights under this ordinance
is prohibited.
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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.
Resolution No. 20-1571, Page 2 of 5
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
Elections Administrator shall be designated as the custodian of the combined records.
SECTION 5.
Heider Garcia, Tarrant County Elections Administrator, 2700 Premier Street, Fort
Worth, Texas, 76111, or his successor is hereby appointed as Early Voting Clerk and Kim
Sutter, City Secretary, 201 N. 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 23, 2020 (Mailing Address: P. O. Box 961011, Fort
Worth, Texas, 76161-0011; Attention: Heider Garcia, Early Voting Clerk.)
SECTION 6.
Early voting by personal appearance shall be conducted at the Euless Family Life
Senior Center, 300 Midway Drive, Euless, Texas, 76039, 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 19, 2020, and
will end on Friday, October 30, 2020, and the hours designated for early voting by personal
appearance shall be as set forth below:
October 19 — October 23 (Monday - Friday) 8:00 a.m. to 5:00 p.m.
October 24 (Saturday) 7:00 a.m. to 7:00 p.m.
October 25 (Sunday) 11:00 a.m. to 4:00 p.m.
October 26 October 30 (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 later than 12 noon or close of business, whichever is later
by October 23, 2020.
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. For
the purpose of said election, the entire City is constituted into one voting precinct. Voting
on Election Day, November 3, 2020, shall be conducted between the hours of 7:00 a.m. and
Resolution No. 20-1571, Page 3 of 5
7:00 p.m. The location of the polling places are designated pursuant to the Texas Election
Code as those precincts designated by Tarrant County.
SECTION 8.
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
February 25, 2020, by a vote of 7 ayes, 0 nays, and 0 abstentions.
APPROVED:
-----CIL a-1-7 '
Lin Martin, May r
ATTEST:
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Ki Sutter, TRMC, CMC, City Secretary
Resolution No. 20-1571, Page 4 of 5
Exhibit "A"
THE CITY OF
EULESS
Date: January 27, 2020
To: The Honorable Mayor and City Council
From: Kim Sutter, City Secretary, TRMC, CMC
Re: Certification of Petition
"Fair Overtime and Scheduling Standards"
The Euless City Charter outlines the process for the power of initiative:
Article IV.
Sec. 1. Power of initiative
The people of the City of Euless reserve the power of direct legislation by initiative, and in the exercise of such
power, may propose any ordinance not in conflict with this Charter, the state constitution, or the state laws,
except an ordinance appropriating money or authorizing the levy of taxes or an ordinance repealing an ordinance
appropriating money or levying taxes. Any initiated ordinance may be submitted to the Council by a petition
signed by qualified voters of the City of Euless equal in number to at least three percent (3%) of the number of
registered voters who resided in the City of Euless at the time of the last regular municipal election of the City.
In accordance with the City of Euless City Charter, an initiative petition was filed with the City Secretary's
office on Friday, January 17, 2020.
The number of required petition signatures was calculated in accordance with the City Charter, and the number
of required signatures for an initiative petition filed on January 17, 2020 is 907.
In accordance with Article IV, Section 4 of the City Charter, I examined the petition to determine the number of
persons on the petition who are qualified to vote and the number of persons on the petition who are not qualified
to vote. Signatures were verified in accordance with Sections 277.002 and 277.0024 of the Texas Election
Code and the City of Euless City Charter.
Total number of signatures submitted for verification 1,616
Total number of signatures accepted 1,280
Total number of signatures rejected 336
As City Secretary and in accordance with the City Charter, the submitted petition is found to be sufficient and is
presented to the Euless City Council for consideration.
Thank you.
Resolution No. 20-1571, Page 5 of 5