To: Mayor & City Council From: Vickey Raduechel, City Secretary Date: February 5, 2018 Agenda Item & Caption: Discuss, consider, and take any necessary action regarding a Resolution ordering a Special Local Option Election to be held on May 5, 2018, for the purpose of submitting to the qualified voters of the City of Fate the following issue: Legalizing the legal sale of all alcoholic beverages including mixed beverages in the City of Fate.; Designating locations and hours of polling; ordering Notices of Election to be given as prescribed by law in connection with such Election; providing for the appointment of Election judges; Authorizing the Mayor and City Secretary to take all actions necessary to comply with applicable Election Laws; Providing a severability clause and providing an effective date. Action Requested: Approval of a Resolution ordering a Special Local Option Election to be held May 5, 2018, for the purpose of submitting to the qualified voters of the City of Fate the following issue: Legalizing the legal sale of all alcoholic beverages including mixed beverages in the City of Fate. Background Information: On November 28, 2017, the City Secretary issued a Petition for a Local Option Election to legalize the sale of all alcoholic beverages including mixed beverages. Pursuant to Texas Election Code; Chapter 501; Section 501.032, the total number of valid signatures required for the petition to be sufficient is equal to or greater than 35 % of the registered voters in the political subdivision who voted for governor in the most recent gubernatorial election. A total number of 1824 Fate registered voters voted in the last (2014) gubernatorial election. The total number of valid signatures required for the petition to be sufficient is 638, which is 35% of the Fate registered voters who voted in the last (2014) gubernatorial election. A petition for local option election was presented to the City Secretary and upon review and careful examination of the petition, found that such qualified signers DO constitute the Six hundred and thirtyeight (638) signatures required pursuant to the Texas Election Code; Chapter 501; Section 501.032. Therefore, the City Secretary has certified that the petition was sufficient to cause the City Council to order a local option election to be held on the issue set forth in the petition. Texas Election Code Section 501.032 states that the governing body must call an election at the next regular meeting on or after the 30 th day after the date the petition was submitted to the City Secretary. The petition was submitted on January 4, 2018. The election must be held at the next uniform election date which is May 5, 2018. Supporting Documents: Certification of Petition Resolution ordering a local option election
CERTIFICATE OF CITY SECRETARY I, Victoria Raduechel, City Secretary for the City of Fate, Texas, hereby certify that I have reviewed the Petition For Local Option Election To Legalize the Legal Sale of all Alcoholic Beverages including Mixed Beverages, submitted to this Office on Thursday, January 4, 2018, and certify the findings as follows: Number of signatures required: 638 Number of signatures of qualified voters: 660 The number of signatures of qualified voters required for this petition to be sufficient is 638. I hereby certify that the Petition as submitted is sufficient to cause the City Council of the City of Fate, Texas, to order a Local Option Election to Legalize to be held on Saturday, May 5, 2018 for the purpose of submitting to the legally qualified voters of the City of Fate the determination of whether or not the City should permit the legal sale of all alcoholic beverages including mixed beverages. Dated this 5 th day of February, 2018. CITY OF FATE, TEXAS Victoria Raduechel, TRMC City Secretary
RESOLUTION NO. R-2018- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FATE, TEXAS, ORDERING A SPECIAL LOCAL OPTION ELECTION TO BE HELD ON MAY 5, 2018, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF FATE THE FOLLOWING ISSUE: LEGALIZING THE LEGAL SALE OF ALL ALCOHOLIC BEVERAGES INCLUDING MIXED BEVERAGES IN THE CITY OF FATE; DESIGNATING LOCATIONS AND HOURS OF POLLING; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION; PROVIDING FOR THE APPOINTMENT OF ELECTION JUDGES; AUTHORIZING THE MAYOR AND CITY SECRETARY TO TAKE ALL ACTIONS NECESSARY TO COMPLY WITH APPLICABLE ELECTION LAWS; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, A Petition for Local Option Election was presented to the City Secretary on January 4, 2018 and the City Secretary has verified that the petition bears the actual signatures of a number of qualified voters of the political subdivision equal to at least 35 percent of the registered voters in the City of Fate who voted in the most recent gubernatorial election for the ballot issue that permits voting for or against "the legal sale of all alcoholic beverages including mixed beverages"; and WHEREAS, The Petition for Local Option Election, attached herewith as Exhibit A and made a part hereof, is presented to the City Council of the City of Fate, Texas, for consideration by the City Council to order a special election For/Against the Legal Sale of All Alcoholic Beverages Including Mixed Beverages in the City of Fate, Texas; and WHEREAS, as set forth in Texas Election Code, Section 501.032, the City Council, on February 5, 2018, its next regular session on or after the 30th day after the date the petition is filed, shall order a local option election to be held on the issue set forth in the petition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FATE, TEXAS: SECTION 1: SPECIAL LOCAL OPTION ELECTION ORDERED. A special local option election ( Election ) is hereby ordered to be held on Saturday, May 5, 2018 ( Election Day ), for the purpose of considering the legalization of the following in the City of Fate, Texas ( Fate ): The legal sale of all alcoholic beverages including mixed beverages.
SECTION 2. BALLOT. The official ballot to be used in the Election shall be prepared in accordance with Sections 52.072 and 501.035 of the Texas Election Code, as amended. The ballots shall permit the voters to vote For or Against the aforementioned proposition and shall be set forth in substantially the following form: City of Fate Proposition A The legal sale of all alcoholic beverages including mixed beverages. (Ciudad de Fate Propuesta A) (La venta legal de todas bebidas alcohólicas incluyendo bebidas mixtas.) For (A favor) Against (En contra) SECTION 3. ELECTION DAY. Election Day voting by personal appearance shall be conducted Saturday, May 5, 2018, at the following location from 7:00 a.m. to 7:00 p.m. Fate City Hall 1900 CD Boren Parkway Fate, Texas 75087 SECTION 4. EARLY VOTING. Early voting by personal appearance shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. on each day beginning on April 23, 2018 and continuing through April 27, 2018, between the hours of 10:00 a.m. and 3:00 p.m. on Saturday, April 28, 2018, and between the hours of 7:00 a.m. and 7:00 p.m. on April 30, 2018 and May 1, 2018. Early voting by personal appearance shall be held at Fate City Hall, 1900 CD Boren Parkway, Fate, Texas. Qualified voters of the City may vote at any of the additional early voting locations open under full contract services with the Rockwall County Elections Administration. Applications for a ballot by mail shall be delivered to the early voting clerk, Christopher Lynch, Rockwall County Elections Administrator, 915 Whitmore Drive, Suite D, Rockwall, Texas 75087. Applications for ballots by mail must be received no later than the close of business on Tuesday, April 24, 2018. SECTION 5. ELECTION TO COMPLY WITH APPLICABLE LAWS. The City Secretary is hereby authorized and directed to publish and/or post, in the time and manner prescribed by law, all notices required to be so published and/or posted in connection with the conduct of this Election. The Election, including providing notice of the election, shall be conducted in accordance with the Texas Election Code and other applicable law, and all qualified and registered voters of Fate shall be eligible to vote at the Election.
SECTION 6. ELECTION JUDGES. The Presiding Judge, Alternate Judge, Judge of the tabulation room and Judge of the Early Voting Ballot Board shall be selected by the Rockwall County Elections Administrator in accordance with an Election Agreement between Rockwall County and the City of Fate. SECTION 7. AUTHORITY OF MAYOR AND CITY SECRETARY. The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Texas Election Code and any other state or federal law in carrying out and conducting the election, whether or not expressly authorized herein. SECTION 8. SEVERABILITY. Should any section, subsection, sentence, clause or phrase of this Resolution be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Resolution shall remain in full force and effect. The City Council hereby declares that it would have passed this Resolution, and each session, subsection, clause or phrase thereof regardless of whether any one or more sections, subsections, sentences, clauses or phrases may be declared unconstitutional and/or invalid. SECTION 9. EFFECTIVE DATE. This resolution shall take effect from and after its passage and approval. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FATE, TEXAS on this 5 th day of February, 2018. APPROVED: ATTEST: Lorne Megyesi, Mayor Victoria Raduechel, TRMC City Secretary
Prescribed by Secretary of State Section 501.026, 501-027, 501.028 Texas Election Code 4/09 Exhibit A PETITION FOR LOCAL OPTION ELECTION TO LEGALIZE PETICION PAR ELECCION DE OPCION LOCAL A LEGAL/ZAR 'TO THE CITY COUNCIL OF THE CITY OF FATE, TEXAS: AL AYUNTAMIENTO DE LA C!UDAD DE FATE, TE/AS: SEAL OF THE CITY OF FATE EL SELLO DE LA C!UDAD DEL FATE: We, the undersi gn ed qualified voters of the City of Fate, Texas, hereby respectfully request that a local option election be called in accordance with the terms <>ltl'l-rn-m 1sions of the Texas Election Code, Title 17 in the above mentioned area for the purpose of submitting to the legally qualified voters of said area the determination of the following issue, to wit: (Nosotros, los subcritos votantes capacitados de la Cuidad de/ Fate, Tejas, por media de lo presente, respetosamente sup/icamos se haga una 1/amada de ELECCION de opcion local de acuerdo con /os terminos y provisiones de/ Codigo de E/eccion de Texas, Titu/o I 7 en area mencionada previamente y para el proposito de someter a los votantes /ega/mente capacitados de dicha area la determinacion de/ siguiente asunto, a saber.) FOR/AGAINST "The legal sale of all alcoholic beverages including mixed beverages." A FA VORIEN CONTRA "La venta legal de todas bebidas alcoholicas incluyendo bebidas mixtas. " It is the hope, purpose and intent of the petitioners whose si gn atures appear heron to see legalized the sale of alcoholic beverage referred to in the issue set out above. (Es la esperanza, proposito y intencion de /os solicitantes cuyas firmas aqui aparecen, que este legalizada la vent a de bebidas alcoho/icas referida en el asunto arriba expuesto.) Date Si gn ed SignaJ:Ure Printed Name (Fecha de (Firma) (Nombre en letra de mo/de) Firma) Date of Birth (Fecha de Nacimiento) Residence Address (Direccion de Residencia) City/Zip (Ciudadl Zip) County of Sta Voter Registration Registration te Number (Optional) (Condado de (Est (Num. de Registro de Registro) ado Votante) Rockwall TX Rockwall Rockwall Rockwall Rockwall Rockwall TX TX TX TX TX 7>'l> <il I', 79.7 7SO'o7 Rockwall Rockwall Rockwall Rockwall TX TX TX TX Serial Number (Numero de Serie): 2017-00 I Date of l.ssuance (La fecha de Emision): November 'o)k. 2017 Victoria Raduechel, CITY SECRETARY (Victoria Raduechel, Secretario de Ciudad)