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Ord 608 Calling the May 9, 2009 Local Option electionTOWN OF WESTLAKE ORDINANCE NO. 608 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, CALLING AND ORDERING A LOCAL OPTION ELECTION TO BE HELD ON MAY 9, 2009, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS THE QUESTION OF WHETHER OR NOT TO PERMIT THE LEGAL SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY; AND THE LEGAL SALE OF ALL ALCOHOL BEVERAGES FOR OFF -PREMISE CONSUMPTION ONLY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 501.021 OF THE ELECTION CODE; ESTABLISHING PROCEDURES FOR THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, THAT: WHEREAS, the registered voters of the Town of Westlake have submitted a petition containing the minimum number of signatures to the Town Secretary to hold a local option election to determine whether or not to permit the legal sale of mixed beverages in restaurants by food and beverage certificate holders only; and WHEREAS, the registered voters of the Town of Westlake have submitted a petition containing the minimum number of signatures to the Town Secretary to hold a local option election to determine whether or not to permit the legal sale of all alcohol beverages for off - premise consumption only; and WHEREAS, the Town Council is required to order a local option election to be held on the issues set out in the petitions if the petition if filed with the Town Secretary not later than the 60'h day after the date the petition is issued and bears the actual signatures of the number of qualified voters of the Town equal to the at least 35 percent of the registered voters in the political subdivision who voted in the most recent gubernatorial election; and WHEREAS, on January 21, 2009, the Town Secretary certified that the number of valid signatures found on the petitions are sufficient for submission to the Town Council to order a Local Option Election; and WHEREAS, the Texas Election Code establishes May 9, 2009, as a uniform election date; BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS:. SECTION 1. Election Order for General Election. That an election shall be held at the Town Offices, 3 Village Circle, in the Town of Westlake, Texas, between the hours of 7:00 a.m. and 7:00 p.m. on the 9 day of May 2009, the second Saturday of that month for the purpose identified herein. Ordinance LOE May 2009 Page 1 of 4 March 9, 2009 SECTION 2. PROPOSITION. That at said election, the following propositions shall be submitted in accordance with Section 501-035 of the Texas Election Code: PROPOSITIONS Shall the Town of Westlake permit the legal sale of mixed beverages in restaurants by food and beverage certificate holders only. Shall the Town of Westlake permit the legal sale of all alcoholic beverages for off -premise consumption only. SECTION 3. BALLOT. That the official ballots to be used in such election shall be prepared in accordance with Sections 52.072, 52.073 and 501.035 of the Texas Election Code, as amended. The ballots shall permit the electors to vote "For" or "Against" the aforesaid propositions and shall be set forth in substantially the following form: The legal sale of mixed beverages in ❑ For restaurants by food and beverage certificate holders only ❑ Against The legal sale of all alcoholic beverages 11 For for off -premise consumption only ❑ Against The ballots shall be printed in English and Spanish for use in said election. Combined Ballots. 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. The County's voting equipment will be utilized for this election. SECTION 4. Polling Place. The polling place for the Election shall be as follows: Westlake Town Offices 3 Village Circle Westlake, Texas The polls shall be open from 7:00 a.m. to 7:00 p.m. on May 9, 2009, in accordance with and pursuant to the requirements of the Texas Election Code (the "Code"). The Town shall constitute a single election precinct for said election. Ordinance LOE May 2009 Page 2 of 4 March 9, 2009 SECTION 5. Early Voting. Early Voting by personal appearance shall be conducted at the County's Main Early Voting location; Tarrant County Elections Center 2700 Premier Street Fort Worth, Texas 76111 and branch offices for early voting by personal appearance shall be established as outlined in the election agreement with Tarrant County. Steve Raborn, Tarrant County Elections Administrator, is hereby appointed as the Early Voting Clerk and can appoint the necessary deputy clerks as required for early voting. In accordance with Section 85.001 of the Texas Election Code, early voting by personal appearance shall be as set forth below: April 27 through May 1 (Monday — Friday) 8:00 a.m. to 5:00 p.m. May 2 (Saturday) 7:00 a.m. to 7:00 p.m. May 3 (Sunday) 11:00 a.m. to 4:00 p.m. May 4 through May 5 (Monday — Tuesday) 7:00 am. to 7:00 p.m. For the purpose 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 the Tarrant County Elections Administrator. Application for ballot by mail may be sent beginning March 10, 2009, but received no later than May 1, 2009, and mailed to: Steve Raborn Early Voting Clerk P.O. BOX 961011 Fort Worth, Texas 76161-0011 SECTION 6. Notice. Notice of said election shall be given as required by the Texas Election Code. SECTION 7. Election Officials. The election judge, alternate election judge, and ballot board will be appointed by the Tarrant County Elections Administrator, as permitted by law. The presiding judge shall appoint elections clerks as may be necessary for the proper conduct of the election. The election judge or the alternate election judge in the absence of the election judge, and the election clerks shall constitute the early voting ballot board. The election judge, alternate election judge, and election clerks shall be qualified voters of the Town. SECTION 8. Governing Law. The election shall be held in accordance with the Constitution of the State of Texas and the Texas Election Code, and all resident qualified voters of the Town shall be eligible to vote at the election. SECTION 9. Submission to the United States Justice Department. The Town Secretary of the Town of Westlake, Texas, or the Town Attorney, is authorized to make such submissions as are necessary to the United States Justice Department to seek pre -clearance as Ordinance LOE May 2009 Page 3 of 4 March 9, 2009 required by law. SECTION 10. Necessary Actions. The Mayor and the Town Secretary, in consultation with the Town Attorney, are authorized and directed to take all actions necessary to comply with the provisions of the Texas Election Code, and the Town Code in carrying out and conducting the election, whether or not expressly authorized by this Order. SECTION 11.. Severability Clause. It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses and phrases of this order are severable and if any phrase, clause, sentence, paragraph, or section shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this order, since the same would have been enacted by the Town Council without the incorporation in this order of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 12. Effective Date. This order shall be effective upon its adoption. PASSED AND APPROVED by the Town Council of the Town of Westlake, Texas, on this 9 day of March 2009. APPROVED: Laura Wheat, Mayor ATTEST: / , �-4 Sutter, tRMC, Town Secretary Thomas E. B r, Jown Vanager APPROVED: L.'Slanton Ordinance LOE May 2009 Page 4 of 4 March 9, 2009