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Ord 694 Calling the General Election to elect three Council MembersTOWN OF WESTLAKE ORDINANCE NO. 694 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, CALLING AND ORDERING AN ELECTION FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS TO BE HELD ON MAY 11, 2013, 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 11, 2013, for the purpose of election three (3) 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 11th day of May 2013, the second Saturday of that month, for the purpose of electing three (3) 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 11, 2013, 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 aXplication with the Town Secretary of the Town of Westlake, Texas, beginning on January 30 through the 1St day of March 2013 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 694 Page 1 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 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. Steve Raborn, Tarrant County Elections Administrator and Frank Phillips, 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 29-30 (Monday & Tuesday) 8:00 a.m. - 5:00 p.m. May 1-3 (Wednesday — Friday) 8:00 a.m. — 5:00 p.m. May 4 (Saturday) 7:00 a.m. — 7:00 p.m. May 5 (Sunday) 11:00 a.m. — 4:00 p.m. May 6-7 (Monday — Tuesday) 7:00 a.m. — 7:00 p.m. Denton County Early Voting April 29 — May 4 (Monday — Saturday) 8:00 a.m. — 5:00 p.m. May 6-7 (Monday and Tuesday) 7:00 a.m. — 7:00 p.m. Applications for ballots by mail must be received no later than the close of business on Friday, April 26, 2013. SECTION 6: Notice. Notice of said elections shall be given as required by the Texas Election Code. Ordinance 694 Page 2 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 three (3) candidates for Council who receive the highest number of votes shall be elected to two (2) year terms; The Mayor shall deliver a certificate of election to the successful candidates. If two (2) or more candidates tie with the same number of votes so that one or more of the tied candidates would not be elected, the Town shall follow procedures pursuant to the requirements of the Texas Election Code. 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 694 Page 3 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 28th DAY OF JANUARY 2013. ATTEST: C� Kelly dwar , Town Secretary zud� Y"� Laura Wheat, Mayor ThomasF'N 2, TZ 1A F� �! • • _ - Ordinance 694 Page 4 of 4