HomeMy WebLinkAboutCity Council Resolutions (Resolution R-18-4219)-01/10/2018 RESOLUTION R-18-4219
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS DESIGNATING ELECTIONEERING
LOCATIONS AT AND ADJACENT TO THE COLLEYVILLE CITY
HALL POLLING PLACE; PROVIDING FOR A MAP OF
ELECTIONEERING LOCATIONS; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, Texas Election Code, including Sections 61.003 and 85.036
therein, have been amended to require a public entity that
controls or owns a building used as a polling place, to allow
electioneering on the premises while polls are open subject to
reasonable regulation; and
WHEREAS, the term electioneering includes the posting, use, and/or
distribution of political signs or literature on public property in
connection with an election; and
WHEREAS, Chapter 7 of the Colleyville Land Development Code presently
regulates political signs on City-owned or controlled property,
including City-owned polling locations for national, state, and
local elections; and
WHEREAS, the Colleyville City Hall is regularly used as a polling location for
such elections; and
WHEREAS, the City recently acquired additional real property adjacent to
City Hall, thereby creating new public property immediately
adjacent to the City Hall polling place; and
WHEREAS, the City Council therefore desires to provide reasonable time,
place, and manner regulations for electioneering on City-owned
public property at or near City Hall; particularly given the fact
that the property is simultaneously used for various other public
purposes for which adequate and safe parking and access
thereto must be maintained to ensure those facilities to continue
to operate in a safe and effective manner for all members of the
public; and
WHEREAS, in order to further the general health, safety and welfare of the
community, electioneering and/or political signs and literature
should not be present outside at the time for voting except for a
limited period to erect and remove the signs, and not be
attached to City improvements and landscaping; and
WHEREAS, the City Council further finds that the size of electioneering signs
shall be limited and they should be set back from the public
Resolution R-18-4219
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roadway in order to further traffic safety and remove visual
clutter; and
WHEREAS, the City Council has determined it in the best interest of the
public to adopt a map identifying the electioneering locations
established by this Resolution; and
WHEREAS, the City Council finds that the adoption of these regulations is
necessary to further the public health, safety, and welfare of the
community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS, THAT:
Sec. 1. Title
THAT this Resolution shall be informally titled and referred to as
the "Resolution Regulating Electioneering at City Hall".
Sec. 2. Electioneering Map
THAT this Resolution shall be applicable solely to the City Hall
polling place and the real property located adjacent thereto, as
further depicted in the Electioneering Map attached hereto and
incorporated herein as Exhibit A.
Sec. 3. Purpose and Scope
THAT the purpose of this Resolution is to provide reasonable
time, place, and manner regulations for electioneering on City-
owned or controlled public property when such property is used
as an election polling place. The regulations contained herein are
to mitigate against any safety concerns, prevent damage to
public property, and ensure that the property is sufficiently
available for its patrons who use the facilities other than for
election purposes. This Resolution provides solely for the
regulation of Electioneering and Political Signs (as these terms
are defined herein) during an election in which the Colleyville
City Hall is used as a polling place. This Resolution does not
amend or replace any of the City's existing regulations governing
the subject matter of this Resolution not in conflict herewith, and
all such regulations shall remain in full force and effect.
Sec. 4. Definitions
THAT the following words and phrases as used in this Resolution
shall have the meanings as set forth in this section:
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City Hall Polling Place means the Colleyville City Hall
building located at 100 Main Street, inclusive of the tract of
land on which said building is located, in conformance with
the definition of a designated polling place provided in
Chapter 43 of the Texas Election Code.
Electioneering shall mean the posting, use, or distribution
of political signs or literature.
Electioneering Locations(s) means the locations on the
premises of a City Hall Polling Place and adjacent tracts of
land owned by the City that are designated by this Resolution
as locations where electioneering may occur as further
depicted in the map attached hereto as Exhibit A.
Political Sign means a sign promoting the election of a
candidate or political party, or approval or rejection of a
measure.
Voting Period shall mean:
(1) with respect to early voting by personal appearance,
the hour the polls are open for voting on the first day
of the early voting period and ending when the polls
close or the last voter has voted, whichever is later, on
the last day of the early voting period; and
(2) with respect to election day, the hour the polls are open
for voting and ending when the polls close or the last
voter has voted, whichever is later.
Sec. 5. Electioneering Times and Locations
THAT electioneering shall be permitted to occur at the City Hall
polling place and the adjacent public property only during a
voting period and only within the electioneering locations
designated by this Resolution, as further depicted in Exhibit A.
Sec. 6. Rules for Political Signs
THAT no person shall place or affix a political sign on the
premises of the City Hall polling place or adjacent City-owned
public property except as follows:
(1) Political signs may be placed or affixed only in an
electioneering location established herein and only:
Resolution R-18-4219
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(i) during the early voting period, the political sign
was placed within an electioneering sign location
during a period not earlier than one hour prior to
the commencement of the voting period and not
later than one hour after the end of the voting
period; or
(ii) on election day, the political sign was placed
within an electioneering sign location during a
period beginning at 12:01 a.m. prior to the
commencement of the voting period and not later
than Noon on the day after the end of the voting
period.
(2) Political signs for each candidate, political party, or
measure shall have a sign face no larger than thirty-two
(32) square feet on each side of the sign and be no taller
than eight (8) feet in height from ground level.
(3) Political signs placed in an electioneering sign location shall
have no more than two (2) sign faces per sign.
(4) Except as otherwise provided in this Resolution, all political
signs must be placed or affixed in a manner that does not
violate any other applicable state or local regulation,
including the City's sign regulations contained in Chapter 7
of the City's Land Development Code.
Sec. 7. Nothing in this Resolution shall be construed as authorizing
electioneering within any area of the City-owned polling place
that would violate any provision of the Texas Election Code.
Sec. 8. THAT a copy of this Resolution and the electioneering location
map attached hereto shall include the name of the election
judge, once appointed, and be made available to the public in
the office of the City Secretary. In addition, a copy of the
electioneering map shall be posted at each public entrance of the
City Hall polling location during the voting period.
Sec. 9. THAT this Resolution shall take effect immediately upon passage.
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AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF /AYES, 0NAYS AND Q ABSTENTIONS ON THIS THE
10TH DAY OF JANUARY 2018.
Mayor Richard Newton aoic Mayor Pro Tern Bobby Lindamood a
Place 1, Tammy Nakamura etio, Place 3, Kathy Wheat
Place 4, George Dodson al f Place 5, Nancy Coplen
Place 6, Mike Taylor
ATTEST: ) CITY OF COLLEYVILLE
(//f/t0-4t.e.., !jpAs2:eist---
Christine Loven, TRMC Richard Newton
City Secretary Mayor
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