CITY COUNCIL AGENDA SPECIAL CALLED

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1 CITY COUNCIL AGENDA SPECIAL CALLED Wednesday, March 6, :00 a.m. CITY COUNCIL Martin Heines, Mayor Linda Sellers, District 1 Broderick McGee, District 2 Edward Moore, District 3 Don Warren, District 4 Bob Westbrook, District 5 John Nix, District 6 Edward Broussard, City Manager

2 CITY COUNCIL MEETING AGENDA SPECIAL CALLED CITY COUNCIL CHAMBERS - CITY HALL 212 North Bonner Tyler, Texas Wednesday, March 6, :00 a.m. Internet website and Cable Access Channel 3 Please call (903) if you need assistance with interpretation or translation for a City meeting. Si usted necesita ayuda con la interpretación o traducción de cualquier material en este sitio o en una reunión pública de la Ciudad de Tyler por favor llame al (903) AMERICANS WITH DISABILITIES ACT NOTICE The City of Tyler wants to assure that City Council Meetings are accessible to persons with disabilities. If any individual needs special assistance or accommodations in order to attend a City Council meeting, please contact the City Manager s Office at , in advance so accommodations can be made. COURTESY RULES Thank you for your presence. The City Council appreciates your interest in Tyler City Government. To ensure fairness and orderly meetings, the Council has adopted rules of courtesy which apply to all members of the Council, Administrative Staff, News Media, Citizens and Visitors. If you wish to address the Council, obtain a speaker card from the receptionist s desk outside the Council Chambers, complete the information requested on the card, and deliver to the City Clerk before the meeting or as soon as you can. Speakers will be heard as the individual item(s) in which they have registered an interest come before the Council. Your remarks will be limited in duration depending on the number of people wanting to speak on a particular item. Delay or interruption of the proceedings will not be tolerated.

3 INVOCATION PLEDGE OF ALLEGIANCE ORDINANCES O-1 Request that the City Council consider adopting an ordinance canceling the election for City Council district one and district five scheduled for May 4, 2019, and declaring the unopposed candidates for City Council district one and district five elected to office. MISCELLANEOUS M-1 Request that the City Council consider accepting the resignation of a City Council Officer. RESOLUTIONS R-1 Request that the City Council consider a Resolution calling a Special Election to be held with the regular Election on May 4, 2019, to fill the office of Tyler City Council Member for Single Member District No. 6 on the Tyler City Council and calling for a joint election with Smith County, Tyler Independent School District and Whitehouse Independent School District. ADJOURNMENT

4 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: O-1 Date: March 6, 2019 Subject: Request that the City Council consider adopting an ordinance canceling the election for City Council district one and district five scheduled for May 4, 2019, and declaring the unopposed candidates for City Council district one and district five elected to office. Page: 1 of 2 Item Reference: Texas Election Code Sections The Texas Election Code (Sections ) allows for the cancellation of an election under certain circumstances, and to declare each unopposed candidate elected to office. The current City Council election for district one and district five meets the criteria for cancellation since the respective candidates whose names are to appear on the ballot are unopposed and no proposition is to appear on the ballot. In accordance with provisions of the law, the City Clerk has prepared a Certification of Unopposed Status, a copy of which is attached. Upon receipt of the certification, if it is the desire of the City Council to cancel the election, it shall follow the cancellation procedure set forth in Texas Election Code Section as follows: Sec Action on certification. (a) On receipt of the certification, the governing body of the political subdivision by order or ordinance may declare each unopposed candidate elected to the office. (b) If a declaration is made under Subsection (a), the election is not held. A copy of the order or ordinance shall be posted on election day at each polling place that would have been used in the election. (c) A certificate of election shall be issued to each candidate in the same manner and at the same time as provided for a candidate elected at the election. The candidate must qualify for the office in the same manner as provided for a candidate elected at the election. The unopposed candidate will not be sworn in until after Election Day (day election would have taken place). At that time, the governing body will issue a certificate of election to the unopposed candidate, and he will be sworn in to office in the same manner provided for the candidate elected at an election.

5 Agenda Number: O-1 Page: 2 of 2 The attached ordinance referred to in Texas Election Code Section has been prepared for your consideration. RECOMMENDATION: It is recommended that the City Council consider adopting the attached ordinance canceling the election for City Council district one and district five scheduled for May 4, 2019 and declare Linda Sellers elected to the office of City Council Member for Single Member District One, and Bob Westbrook elected to the office of City Council Member for Single Member District Five, respectively. ATTACHMENTS: 1. Ordinance 2. Certification of unopposed status Drafted/Recommended By: Department Leader Deborah G. Pullum, City Attorney Edited/Submitted By: City Manager

6 ORDINANCE NO. O AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS, CANCELING DISTRICT ONE, AND DISTRICT FIVE, CITY COUNCIL ELECTION SCHEDULED FOR MAY 4, 2019, AND DECLARING THE UNOPPOSED CANDIDATE FOR SINGLE MEMBER DISTRICT ONE AND THE UNOPPOSED CANDIDATE FOR SINGLE MEMBER DISTRICT FIVE ELECTED TO OFFICE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, a City Council Election is currently scheduled for May 4, 2019; and WHEREAS, no proposition is to appear on the ballot for the May 4, 2019 Election for District One and District Five; and WHEREAS, the City Clerk of the City of Tyler has certified in writing that the candidate for City Council District One and the candidate for City Council District five are unopposed and that no write-in candidates have filed to be placed on the list of write-in candidates; and WHEREAS, Texas Election Code Sections through authorize the City Council to declare each unopposed candidate elected to office and to cancel the election for said Districts; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS: PART 1. That Linda Sellers is hereby declared the duly elected City Council member for District One and that Bob Westbrook is hereby declared the duly elected City Council member for District Five to serve for a two-year term of office, to begin May 4, PART 2. That the City Council Election for District One and District Five scheduled for May 4, 2019, is hereby canceled. PART 3. That a copy of this ordinance shall be posted on May 4, 2019 at each polling place that would have been used in the election, and said notice shall be in both English and Spanish. PART 4. That after May 4, 2019, a certificate of election shall be issued to the above named unopposed candidate for District One and the unopposed candidate for District Five in the same manner as provided for the candidate elected at the election. PART 5. That upon issuance of a certificate of election, the above named unopposed candidate for District One and the unopposed candidate for District Five shall be sworn into office in the same manner provided for the candidate elected at the election. PART 6: That this ordinance shall take effect immediately upon its adoption.

7 PASSED AND APPROVED this the day of March, MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS A T T E S T : CASSANDRA BRAGER, CITY CLERK APPROVED: DEBORAH G PULLUM, CITY ATTORNEY

8 To The Tyler City Council: CERTIFICATION OF UNOPPOSED STATUS I, Cassandra Brager, City Clerk of the City of Tyler, Texas, hereby certify that when the deadline of 5:00 p.m., February 19, 2019, passed only the following unopposed Candidate had filed an Application For a Place On The Ballot and no one had filed a Declaration Of Writein Candidacy for the Tyler City Council Election scheduled to be held May 4, City Council District One - City Council District Five - Linda Sellers Bob Westbrook This unopposed status and the fact that no proposition is scheduled to appear on the ballot for District One and District Five will permit the Tyler City Council to take advantage of Texas Election Code Sections , which allow the City Council to cancel the Election and declare the unopposed Candidates elected to office. DONE THIS THE day of, 2019 (SEAL) Cassandra Brager, City Clerk

9 Mr. Martin Heines 3/1/19 Mayor of Tyler Texas Mr. Mayor, lam running for the office of Mayor of TylerTexas in Since was elected by special election in May of 2013, it is my understanding of the City Charter that need to resign before May 2019 in order to be eligible under Sec. 7.b. Please accept this as my letter of resignation with my last day in office being March 27, I look forward to working with you and the Council through this transition as look to continue my service for this great City. count my service to the City of Tyler as some of the most personally rewarding years of my life. John I. Nix Councilman District 6 CC: Mr. Ed Broussard CC: Mrs. Deborah Pullum

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13 CITY OF TYLER CITY COUNCIL COMMUNICATION Agenda Number: R-1 Date: March 6, 2019 Subject: Request that the City Council consider a Resolution calling a Special Election to be held with the regular Election on May 4, 2019, to fill the office of Tyler City Council Member for Single Member District No. 6 on the Tyler City Council and calling for a joint election with Smith County, Tyler Independent School District and Whitehouse Independent School District. Page: 1 of 1 Item Reference: City Charter and Texas Election Code When a vacancy occurs on the City Council the Tyler City Charter provides that a Special Election be held to elect a replacement. State law controls when special elections can be held. At present due to the resignation of Councilmember John Nix on March 1, 2019, a vacancy exists on the City Council. Under State law the next available date for a special election to fill that vacancy is May 4, In order to comply with the City Charter and Texas Election Code, it is essential that the City Council adopt a Resolution calling a Special Election for the first Saturday in May, being May 4, 2019, to elect a City Council Member for Single Member District No. 6. A copy of the Resolution calling the joint election is attached for your review. RECOMMENDATION: It is recommended that the City Council adopt a Resolution calling a Special Election to be held with the regular Election on May 4, 2019, to fill the office of Tyler City Council Member for Single Member District No. 6 on the Tyler City Council and calling for a joint election with Smith County, Tyler Independent School District and Whitehouse Independent School District. ATTACHMENTS: 1. Resolution Drafted/Recommended By: Department Leader Cassandra Brager, City Clerk Edited/Submitted By: City Manager

14 RESOLUTION NO. R A RESOLUTION ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY OF TYLER ON THE 4 th DAY OF MAY, 2019, FOR THE PURPOSE OF ELECTING A CITY COUNCIL MEMBER FOR SINGLE MEMBER DISTRICT NUMBER 6; MAKING PROVISIONS FOR THE CONDUCT OF A SPECIAL ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it is now necessary to hold a special election to fill a vacancy of one of our City Council Members, and such election is required by law to be held on a uniform election date which is the first Saturday in May; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS: PART 1: That a special election be, and the same is hereby ordered to be held within the jurisdiction of the City of Tyler, Texas on the 4 th day of May, 2019, pursuant to the laws of the State of Texas and the Charter of the City of Tyler, Texas. Such special election shall be held for the purpose of electing a Council Member to fill Place Number 6, South District, on the City Council. PART 2: It is agreed that the City of Tyler will hold a special election where common polling places are possible and that in accordance with Chapter 271 of the Texas Election Laws, the special election herein ordered shall be held and a single ballot shall be utilized for the candidates to be voted on at such special election. The special election, including early voting, shall be conducted by the County Election Administrator, as set out in a contract with said official, and in accordance with Section through , Contract for Election Services. PART 3: That said special election shall be held and conducted in the manner and within the hours prescribed for special elections by the laws of the State of Texas insofar as they may be applicable, and all persons qualified to vote in said City under the laws of this State regulating special elections shall be allowed to vote. PART 4: That all special election instructions and ballots shall be printed in both English and Spanish as required by the Texas Election Code Sections through PART 5: Polling places shall be open between the hours of 7:00 o clock a.m. and 7:00 o clock p.m. PART 6: The candidate receiving a majority of the votes cast for their respective office shall be declared elected. If any candidate shall not receive a majority of the votes cast for that position, a run-off election shall be ordered for such office. The Council Member for District #6 shall be filled by a person residing in that district respectively who receives the majority of the votes cast by voters in that district. Only voters living in that district shall vote for that Council Member.

15 PART 7: Candidate elected to the City office stated hereinabove in Part 1 shall hold office as may be provided by the Charter of the City of Tyler, Texas, for the remainder of the original two (2) year period. PART 8: All requests by candidates to have their names placed upon the respective ballots shall be in writing, shall designate the office filed for, shall be signed by the candidate and comply with state law concerning filing time deadlines. In addition to said application, all candidates shall make such other filings as may be required by law. PART 9: The voting places shall be as follows: On Election Day, Smith County voters may vote at ANY location listed below: Location Hubbard Middle School DaySprings Methodist Church Address 1300 Hubbard Dr. 310 W Cumberland Rd Each Presiding Judge shall appoint at least two (2) clerks to serve in his precinct and shall appoint as many additional clerks to so serve, not to exceed seven (7), as they deem necessary for the proper conduct of the election, one of whom shall be the Alternate Presiding Judge in that precinct, which said Presiding Judges and clerks shall be the managers of said election. If any Presiding Judge is unable to serve at the election, the Alternate Presiding Judge of that precinct shall serve as the Presiding Judge for the election. PART 10: Early voting by personal appearance shall be at 304 East Ferguson Street, Tyler, Texas. The Elections Administrator is appointed as the early voting clerk for the special election. The time of early voting shall be as prescribed by law, being April 22, 2019, through April 30, 2019, from 8:00 a.m. to 5:00 p.m. and April 29 & April 30, 2019, from 7:00 a.m. to 7:00 p.m. Applications for early voting ballots by mail should be addressed to Karen Nelson, Elections Administrator, 304 E. Ferguson Street, Texas 75702, in accordance with the provisions of the Texas Election Laws. For purposes of processing ballots cast in early voting, the following persons are appointed to the early Voting Ballot Board for this special election: Maurine Smith Helen Lowry Presiding Judge Alternate Presiding Judge

16 PART 11: The Central Counting Station for the tabulation and counting of ballots for this joint election shall be located at the Smith County Courthouse, Tyler, Texas and the persons hereby appointed to serve as Manager, Tabulation Supervisor and the Presiding Judge at the Central Counting Station are as follows: Karen Nelson Karen Nelson Karen Nelson Manager Tabulation Supervisor Presiding Judge The Manager and Presiding Judge of the Central Counting Station may appoint clerks to serve at such Station, as provided by Section of the Texas Election Laws. PART 12: A copy of this resolution shall be sufficient notice of said special election and the Mayor of the City of Tyler is hereby ordered and directed to give notice of the time and place of said special election by causing a true copy of this resolution to be published in some newspaper of general circulation in this City not less than ten (10) days nor more than thirty (30) days before the election. PART 13: That this resolution shall take effect immediately from and after its passage, as indicated below. PASSED AND APPROVED this day of, A. D MARTIN HEINES, MAYOR OF THE CITY OF TYLER, TEXAS ATTEST: CASSANDRA BRAGER, CITY CLERK APPROVED: DEBORAH PULLUM, CITY ATTORNEY