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01-08-18 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Work Session but not prior to the posted start time. Mission Statement Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesses with superior municipal and academic services that are accessible, efficient, cost-effective, and transparent. Westlake, Texas – “One-of-a-kind community; natural oasis – providing an exceptional level of service.” Page 1 of 2 TOWN OF WESTLAKE, TEXAS Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. TOWN COUNCIL MEETING AGENDA January 8, 2018 1500 Solana Boulevard Building 7, Suite 7100 1st Floor, Council Chamber Westlake, TX 76262 Regular Session: 6:15 p.m. Page 2 of 2 Regular Session 1. CALL TO ORDER 2. DISCUSSION AND CONSIDERATION OF ORDINANCE 842, CALLING THE MAY 5, 2018, GENERAL ELECTION TO ELECT A MAYOR AND TWO COUNCIL MEMBERS FOR TWO (2) YEAR TERMS. DISCUSIÓN Y EL EXAMEN DE ORDENANZA 842, LLAMAR AL 05 DE MAYO DE 2018, ELECCIONES GENERALES PARA ELEGIR A UN ALCALDE Y DOS MIEMBROS DEL CONSEJO PARA PERÍODOS DE DOS 2 AÑOS. THẢO LUẬN VÀ XEM XÉT CỦA PHÁP LỆNH 842, KÊU GỌI CÁC THÁNG 5, NĂM 2018, CUỘC TỔNG TUYỂN CỬ ĐỂ BẦU THỊ TRƯỞNG VÀ HAI THÀNH VIÊN HỘI ĐỒNG CHO HAI (2) NĂM. 3. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, January 3, 2018, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Tanya Morris, Assistant to the Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, January 08, 2018 TOPIC: Consider an Ordinance Calling and Ordering the General Election an to be Held on May 5, 2018, for the purpose of Electing a Mayor and two (2) Council Members, in Accordance with the provisions of Section 23.023, Texas Local Government Code. STAFF CONTACT: Kelly Edwards, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase CSS Satisfaction Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 8, 2018 Completion Date: May 5, 2018 Funding Amount: $11,000 Status - Funded Source - General Fund The amount may fluctuate based on the number of entities that conduct a joint election with Tarrant County. Denton County charges a flat fee due to the limited amount of registered voters in Denton County. EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Texas Election Code §3.004, requires the governing body of a political subdivision to order a general election for the purpose of electing a Mayor and two (2) Council Members. As Page 2 of 2 outlined in the order, the term of office for the elected officials is two (2) years. (expiring May 2018) The Mayor and Council terms expire May 2018. Those terms represent Mayor Laura Wheat and Council Members Belvedere and Barrett seats. RECOMMENDATION AND ATTACHMENTS Staff recommends approval of the Ordinance call the May 5, 2018, General Election. ATTACHMENTS Ordinance 842 Ordinance 842 Page 1 of 4 TOWN OF WESTLAKE ORDINANCE NO. 842 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, CALLING AND ORDERING AN ELECTION FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2) COUNCIL MEMBERS TO BE HELD ON MAY 5, 2018, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 23.023, TEXAS LOCAL GOVERNMENT CODE; ESTABLISHING PROCEDURES FOR THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the general election for the Town of Westlake as set forth by the Texas Election Code, is required to be held on May 5, 2018, for the purpose of election a Mayor and two (2) Council Members for two (2) year terms; and WHEREAS, in accordance with Section 271.002 of the Texas Election Code , the Town of Westlake election will be conducted jointly with other political subdivisions in Tarrant and Denton counties. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, THAT: SECTION 1: Election Order for General Election. That an election is hereby ordered to be held on the 8th day of May 2018, the first Saturday of that month, for the purpose of electing a Mayor and two (2) Council Members for two (2) year terms, in accordance with Section 23.023 of the Texas Local Government Code. SECTION 2: Polling Place. The polling places and the county elections precincts whose qualified voters shall cast ballots at such location as determined per the Joint Election Agreement and Contract for Elections Services with the Tarrant and Denton County Election Administrators. The polls shall be open from 7:00 a.m. to 7:00 p.m. on May 5, 2018, in accordance with and pursuant to the requirements of the Texas Election Code (the “Code”). SECTION 3: Filing Dates. In accordance with Section 143.007 of the Code, eligible persons wishing to become candidates must file an application with the Town Secretary of the Town of Westlake, Texas, beginning on 17th day of January through the 16th day of February 2018, until 5:00 o'clock p.m. Each application shall be on a form meeting the requirements of the Code. SECTION 4: 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. Ordinance 842 Page 2 of 4 SECTION 5: Early Voting. Early Voting by personal appearance shall be conducted at the County’s Main Early Voting location; Residents living in Tarrant County Tarrant County Elections Center 2700 Premier Street Fort Worth, Texas 76111 Residents living in Denton County Denton County Elections 701 Kimberly Drive, Suite A101 Denton, Texas 76208 and branch offices for early voting by personal appearance shall be established as outlined in the Election Agreement and Contract for Election Services with Tarrant and Denton County. The Tarrant County Election Administrator and Denton County Election Administrator, are 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: Tarrant County Early Voting April 23-27 (Monday-Friday) 8:00 a.m. - 5:00 p.m. April 28 (Saturday) 7:00 a.m. – 7:00 p.m. April 29 (Sunday) 11:00 a.m. – 4:00 p.m. April 30- May 1 (Monday – Tuesday) 7:00 a.m. – 7:00 p.m. Denton County Early Voting Monday - Friday February 20 – 23 8am – 5pm Saturday February 24 7am – 7pm Sunday February 25 1pm – 6pm Monday – Friday February 26 – March 2 7am – 7pm Applications for ballots by mail must be received no later than the close of business on April 20, 2018. SECTION 6: Notice. Notice of said elections shall be given as required by the Texas Election Code. Ordinance 842 Page 3 of 4 SECTION 7: Election Officials. The election judge, alternate election judge, and ballot board will be appointed by the Tarrant and Denton 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, and alternate election judge, and election clerks shall be qualified voters of the Town. SECTION 8: Election Results. That the candidate for Mayor and two (2) candidates for Council who receive the highest number of votes shall be elected to two (2) year terms; and The Mayor shall deliver a certificate of election to the successful candidates. In the event of a tie, the tied candidates shall cast lots to determine which one shall be declared elected. SECTION 9: 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 10: 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 required by law. SECTION 11: 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 12: 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. Ordinance 842 Page 4 of 4 SECTION 13: 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 8th DAY OF JANUARY 2018. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Town Council Item # 3 – Adjournment Regular Session