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HomeMy WebLinkAboutCity Council Resolutions (Resolution R-20-4464)-01_21_2020RESOLUTION R-20-4464 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, REPEALING AND REPLACING RESOLUTION R-18-4219 AND DESIGNATING ELECTIONEERING LOCATIONS AT AND ADJACENT TO THE COLLEYVILLE CITY HALL POLLING PLACE; PROVIDING FOR A MAP OF THE ELECTIONEERING LOCATIONS; PROVING FOR ELECTIONEERING AT SAID 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, the Colleyville City Hall is regularly used as a polling location for such elections; and WHEREAS, the City Council 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 public property adjacent to City Hall is regularly used for various public events and other purposes for which it is imperative that adequate open space, ingress and egress access points, and public parking facilities must be maintained to ensure those areas 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 and density of electioneering signs shall be regulated to preserve the safety and welfare of the general public; and, further that said signs should be located a reasonable distance from public roadways in order to adequately provide for the safety of pedestrians and traffic within and surrounding the City Hall polling location; and Resolution R-20-4464 Page 2 of 3 WHEREAS, the City Council has determined it is in the best interest of the public to adopt an Electioneering Map identifying the electioneering locations that are the subject of this Resolution and the Electioneering Regulations applicable thereto, copies of which are incorporated herein and attached as Exhibits "A" and "B" respectively; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, THAT: Sec. 1. THAT Resolution R-18-4219 is hereby repealed and replaced in its entirety with this Resolution, which shall be informally titled and referred to as the "Resolution Regulating Electioneering at City Hall". Sec. 2. THAT the Electioneering Regulations attached as Exhibit B are hereby adopted and shall be applicable to the City Hall polling place and the other real property defined therein and described in the Electioneering Map attached as Exhibit A hereto. Sec.3. THAT 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 or other applicable law. Sec. 4. THAT a copy of this Resolution and the Electioneering 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.5. THAT a copy of this Resolution and the Electioneering Regulations attached hereto shall be made available to the public in the office of the City Secretary. Sec.6 THAT this Resolution shall take effect immediately upon passage. AND IT IS SO RESOLVED. Resolution R-20-4464 Page 3 of 3 APPROVED BY A VOTE OF 7 AYES, 0 NAYS AND 0 ABSTENTIONS ON THIS THE 21ST DAY OF JANUARY 2020. Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: Christine Loven, TRMC City Secretary Z OF COLLEYVILLE I. - Richard Newton Mayor City of Colleyville City Hall Polling Place Electioneering Regulations Effective January 21, 2020 (Exhibit B to Resolution R-20-4464) Purpose and Scope The purpose of the City of Colleyville Electioneering Regulations “Regulations” are 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 the property is sufficiently available for its patrons who use the facilities other than for election purposes. The Regulations provide 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. The Regulations do not amend or replace any of the City’s existing regulations governing the subject matter, the Regulations, not in conflict herewith, and all such regulations shall remain in full force and effect. Definitions The following words and phrases as used and shall have the meanings as set forth in this section: 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, clothing, badges, or literature. The wearing of campaign hats, badges, buttons or clothing is not prohibited outside the 100 foot marker. Electioneering Locations(s) means the locations on the premises of a City Hall Polling Place and all adjacent tracts of land owned by the City that are designated as the location where electioneering may occur as further depicted in the City Hall electioneering map (See Exhibit A to Resolution R-20-4464 adopted on January 21, 2020). 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. Electioneering Times and Locations 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 location(s) designated in the electioneering map (See Exhibit A to Resolution R-20-4464 adopted on January 21, 2020). Political Signs 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 the electioneering location established herein and only: (a) Political signs may be placed within an electioneering sign location during a period not earlier than 24 hours prior to the commencement of the early voting period and must be removed not later than 10:00 a.m. on the day after Election Day when City Hall is an Election Day polling location. (2) Four political signs for each candidate, or measure, which shall have a sign face no larger than thirty-two (32) square feet and be no taller than eight (8) feet in height from ground level shall be permitted in the designated electioneering location. Said signs may be attached to a canopy or tent, or secured with weights, but may not be staked in the ground with anything exceeding 9 gauge wire. (3) Political signs placed in an electioneering sign location shall have no more than two (2) sign faces per sign and the number of political signs in an electioneering location may not exceed 20 in number, in addition to the four signs allowed in (2) above. Any signs located in public parking lots, shown in Exhibit “A”, count toward the limitation of 20 signs permitted. (4) 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 (available online at www.colleyville.com), and shall not be placed upon any publicly owned property adjacent to the City Hall polling place, except as otherwise provided herein. (5) In addition, Political signs: • shall not be attached to any utility, light, or traffic signal pole • shall not be illuminated • may be placed in the perimeter landscaped area on the subject property being used as a polling location in accordance with Texas Election Code • shall not exceed four (4) square feet in area, except as otherwise permitted herein •shall be attached to a metal stake, not to exceed a 9 gauge diameter, driven into the ground •shall not encroach upon any tree roots, irrigation lines, and any other underground vegetation, or structure •shall not extend over any sidewalk, street, or driveway •shall not be placed within 30 feet of an identical sign(s) Canopies or Tents Canopies or tents may not exceed 10 feet x 12 feet in size. A minimal distance of 50 feet between each canopy or tent, for each candidate, or measure, shall be maintained. Each candidate, or measure is limited to placing two canopies or tents. Enforcement The Colleyville Code Enforcement Department and Election Judge shall responsibly provide for the enforcement of these Regulations. To contact the Code Enforcement Department you may visit the City’s website at www.colleyville.com or call 817-503-1268. Electioneering Designations 4Entrance Back Door Front Door 100 ft. from Entrance Allow Electioneering Not Allow Electioneering Created: 2/6/2020 Path: K:\Project\Project by Department\CMO\Election\Electioneering.mxdElection Judge Phone Date NO ELECTIONEERING Electioneering DesignatedSign and canopy allowed per resolution R-20-4464 Visibility Triangle Measurement 25 ft. 25 ft.Curb LineEXHIBIT "A"