ORD 2002-08TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002-08
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, ORDERING AND CALLING A JOINT GENERAL ELECTION BETWEEN
THE TOWN OF TROPHY CLUB, TROPHY CLUB MUNICIPAL UTILITY DISTRICT
#1, AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT #2, TO BE HELD ON
MAY 4, 2002, FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS
FOR TWO (2) YEAR TERMS EACH TO THE TOWN COUNCIL, FOR ELECTING
THREE (3) DIRECTORS TO THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT
#1 FOR FOUR (4) YEAR TERMS EACH, AND FOR ELECTING TWO (2) DIRECTORS
TO THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT #2 FOR FOUR (4) YEAR
TERMS EACH; DESIGNATING A POLLING PLACE WITHIN THE TOWN;
APPOINTING A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING
ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING
THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS;
PROVIDING FOR NECESSARY ACTIONS; PROVIDING A JOINT ELECTION
AGREEMENT; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 41.001(a)(2) of the Texas Election Code establishes the first
Saturday of May as a Uniform Election Date for the purposes of conducting a General or Special
Election; and
WHEREAS, Section 3.004 of the Texas Election Code provides that the governing body
of a municipality shall be the authority to order a General or Special Election; and
WHEREAS, the Town Council desires to and hereby calls a Joint General Election for
the purpose of electing three (3) Council Members for two (2) year terms each to the Town of
Trophy Club Town Council, for electing three (3) Directors for four (4) year terms each to the
Trophy Club Municipal Utility District #1, and for electing two (2) Directors for four (4) year
terms each to the Trophy Club Municipal Utility District #2; and
WHEREAS, Section 3.005 of the Texas Election Code provides that an election ordered
by an authority of a municipality shall be ordered not later than the 45th day before election day;
and
WHEREAS, Section 83.005 of the Texas Election Code provides that the City Secretary
shall serve as the Early Voting Clerk in Municipal Elections; and
WHEREAS, Section 32.001 of the Texas EIection Code provides for the appointment of
a Presiding Election Judge and an Alternate Presiding Election Judge to conduct voting in each
precinct where an election is held; and
WHEREAS, Section 87.001 of the Texas Election Code provides for the appointment of
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an Early Voting Ballot Board; and
WHEREAS, Section 87.002 of the Texas Election Code provides for the appointment of
the Early Voting Ballot Board Judge; and
WHEREAS, Section 271.002 of the Texas Election Code provides that the governing
bodies of two or more political subdivisions may enter into an agreement to hold a joint election
if the elections ordered by the authorities of the subdivisions are to be held on the same day in all
or part of the same territory and can be served by common polling places.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1
INCORPORATION
All of the above premises are true and correct and are hereby incorporated in the body of this
Ordinance as if fully set forth herein.
SECTION 2
DATE OF ELECTION
It is hereby ordered that a Joint General Election (the "Election") shall be held in and throughout
the Town of Trophy Club and the Trophy Club Municipal Utility Districts on Saturday, May 4,
2002.
SECTION 3
PURPOSE OF ELECTION
The purpose of such Joint General Election is to elect three (3) Council Members for two (2) year
terms each to the Town of Trophy Club Town Council, to elect three (3) Directors for four (4)
year terms each to the Trophy Club Municipal Utility District #I, and to elect two (2) Directors
for four (4) year terms each to the Trophy Club Municipal Utility District #2.
SECTION 4
ELIGIBILITY FOR CANDIDACY
As set forth in Section 141.001 of the Texas Election Code, no person shall be eligible for a
public elective office of this state, unless that person is a United States citizen, at least 18 years
of age on the first day of the term to be filled at the Election, has not been determined mentally
incompetent by a final judgment of a court, has not been finally convicted of a felony from which
the person has not been pardoned or otherwise released from the resulting disabilities, and has
resided continuously in the State of Texas for twelve (12) months immediately preceding the date
of the regular filing deadline for the candidate's application for a candidate whose name is to
appear on the generral election ballot, or the date of the election at which the candidate's name is
written in for a write in candidate. Additional requirements are as follows:
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A. Council Member:
Pursuant to Section 141.001 of the Texas Election Code, a candidate for the office of
Council Member must also have resided continuously in the municipality for six months
immediately preceding the date of the regular filing deadline for the candidate's
application for a candidate whose name is to appear on the general election ballot, or the
date of the election at which the candidate's name is written in for a write in candidate.
Pursuant to Texas Local Government Code Section 22.032, a person must also be a
registered voter to be eligible for the office of Council Member.
B. Municipal Utility District Directors:
(1) Must own land subject to taxation in the district for which they are filing; or
(2) Must have a current voter registration certificate.
(3) Must not otherwise be disqualified from serving as a member of the Board of a
Municipal Utility District pursuant to Section 49.052 of the Texas Water Code, as
amended.
SECTION 5
APPLICATION FOR A PLACE ON THE BALLOT
Pursuant to Section 143.007 of the Texas Election Code, any eligible and qualified person may
haeme that person's name printed upon the official ballot as a candidate for the office hereinbefore
set forth by filing the person's sworn application with the Town Secretary not earlier than
February 18, 2002, and not later than 5:00 p.m. on March 20, 2002- Each such application shall
be on a form as prescribed by the Texas Election Code. The order in which the names of the
candidates are to be printed on the ballot shall be determined by a drawing by the Town Secretary
as provided by Section 52.094 of the Texas Election Code. Notice of the time and place for such
drawing shall be given in accordance with Section 52.094(c)(d) of the Texas Election Code.
SECTION 6
RUNOFF ELECTION
If two (2) or more candidates tie for the number of votes required to be elected, there shall be a
runoff election held on June 1, 2002. The runoff election shall be held in accordance with the
Texas Election Code.
SECTION 7
ELECTION PRECINCT POLLING PLACE AND HOURS
The corporate limits of the Town of Trophy Club, Texas shall constitute one (1) election precinct
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for the municipal election. The polling place for the Election shall be the Trophy Club Municipal
- Building, 100 Municipal Drive, Trophy Club, Texas. In accordance with Section 41.031(a) of
the Texas Election Code, such polling place shall be open between the hours of 7:00 a.m. and
7:00 p.m. on the date of the Election.
SECTION 8
APPOINTMENT OF A PRESIDING ELECTION JUDGE
AND AN ALTERNATE PRESIDING ELECTION JUDGE
The following named individuals, residing at the respective addresses, are hereby appointed to
serve as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the
Election:
Presiding Election Judge
Annette "Pepper" Slusar
15 Riviera Court
Trophy Club, Texas 76262
Alternate Presiding Election Judge
Maureen. Cotton
538 Timber Ridge Drive
Trophy Club, Texas 76262
All Election Judges shall be qualified voters of the Town. The Town Secretary shall, in
accordance with Section 32.009 of the Texas Election Code, deliver to the Presiding Election
Judge and the Alternate Presiding Election Judge notice of their appointment not later than
twenty (20) days from the effective date of this Ordinance.
SECTION 9
APPOINTMENT OF CLERKS
The Election Judge herein appointed shall appoint not less than two (2) nor more than six (6)
qualified election clerks to serve and assist in the conduct of the Election, provided, however,
that if the Election Judge named herein actually serves, the Alternate Election Judge shall serve
as one of the clerks. All election clerks shall be qualified voters of the Town.
SECTION 10
COMPENSATION OF THE JUDGE AND CLERKS
As provided for in Section 32.091 of the Texas Election Code, the Election Judge shall be
compensated at the rate of nine dollars ($9.00) per hour on election day and seven dollars ($7.00)
per hour for services performed as an election clerk during the early voting period. The AIternate
Election Judge shall be compensated at the rate of eight dollars ($5.00) per hour on election day
and seven ($7.00) per hour for services performed as an election clerk during the early voting
period. Election Clerks shall be compensated at the rate of seven dollars ($7.00) per hour for
election day and for the early voting period. The Election Judge or Clerk who delivers the
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returns of the Election, keys to the ballot boxes or other election equipment, and unused election
supplies shall also be paid the additional sum of $25.00 for delivering such materials. Any
payment referred to in this Section shall not exceed the maximum amounts set forth in Sections
32.091 and 32.092 of the Texas Election Code.
SECTION 11
METHOD OF VOTING
The Town Secretary is hereby authorized and instructed to provide and furnish all necessary
election supplies to conduct the election. Voting at the Election shall be by use of electronic
system ballots. Preparation of the official ballots for the Election shall conform to the
requirements of the Texas Election Code, and in so doing shall permit the voter to vote for three
(3) Town of Trophy Club Council Members and three (3) Directors to the Trophy Club
Municipal Utility District #1, OR three (3) Town of Trophy Club Council Members and two (2)
Directors to the Trophy Club Municipal Utility District #2, depending upon the municipal utility
district in which the voter resides. No elector shall vote for more than three (3) Town of Trophy
Club Council Members. No elector shall vote for more than three (3) Directors to the Trophy
Club Municipal Utility District #1. No elector shall vote for more than two (2) Directors to the
Trophy Club Municipal Utility District #2.
SECTION 12
GOVERNING LAW; QUALIFIED VOTERS
The Election shall be held in accordance with the Constitution of the State of Texas and the
Texas Election Code, and all resident, qualified electors of the Town shall be eligible to vote at
thelclection. Election materials shall be printed in both English and Spanish for use at the polling
place and for early voting for the Election.
SECTION 13
PUBLICATION AND POSTING OF NOTICE
Notice of the Election shall be given by posting a Notice of Election in both English and Spanish
at the Trophy Club Municipal Utility Districts Building, on the bulletin board or other location
used for posting notices of the meetings of the Town Council not later than twenty-one (21) days
prior to the date upon which the Election is to be held, and by publication of said notice at least
once in a newspaper published in the Town or if none, then in a newspaper of general circulation
within the Town, the date of said publication to be not Iess than ten (10) days nor more than
thirty (30) days prior to the date set for the Election. Upon publication of the election notice, the
Town Secretary shall secure a publisher's affidavit which complies with the requirements of the
Texas Election Code.
In addition thereto, a copy of the notice shall also be filed with the Town Secretary at least
twenty-one (21) days before the Election.
SECTION 14
EARLY VOTING
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Early voting by personal appearance shall be conducted by the Town Secretary, who is hereby
- appointed the Early Voting Clerk, at 100 Municipal Drive, Trophy Club, Texas, For the period
early voting for the election is permitted by law, the Early Voting Clerk shall keep such office
open Monday through Friday, between the hours of 5:00 a.m. and 5:00 p.m., and Saturday, April
27, 2002, between the hours of 5:00 a.m. and 12 noon, commencing on Wednesday, April 17,
2002 and terminating on Tuesday, April 30, 2002. Early voting will not be conducted on any
other Saturday, or on any Sunday or official State and/or national holiday during the period of
early voting.
Application for early voting by mail shall be delivered to the Early Voting CIerk at the same
address not earlier than March 5, 2002 and not later than the close of regular business in the
Early Voting Clerk's office or 12:00 p.m., whichever is later, on April 26, 2002.
Early voting, both by personal appearance and by mail, shall be by use of electronic system
ballots, which ballots shall conform to the requirements of the Texas Election Code, and in so
doing shall permit the voters to vote for three (3) Town of Trophy Club Council Members for a
two (2) year term and three (3) Directors to Trophy Club Municipal Utility District #1 for a four
(4) year term, OR three (3) Town of Trophy Club Council Members for a two (2) year term and
two (2) Directors to Trophy Club Municipal Utility District #2 for a four (4) year term,
depending upon the municipal utility district in which the voter resides. The Early ballots shall
be canvassed by the Early Ballot Board, which is hereby created. The Election Judge and the
Alternate Election Judge appointed herein shall serve as the Presiding officer and the alternate
Presiding Officer, respectively of the Early Ballot Board. The other election officers serving at
the Election shall serve as the other members of the Early Ballot Board for the Election.
SECTION 15
DELIVERY OF RETURNS
Pursuant to Section 56.051 of the Texas Election Code, immediately after the closing of the poll
on the day of the Election, the election officers named in this Ordinance shall make four (4)
copies of the returns. The returns shall be delivered as follows: one copy shall be retained by the
Election Judge, one copy shall be delivered to the Mayor of Trophy Club, one copy shall be
delivered to the voter registrar, one copy (along with ballot boxes and election supplies) shall be
delivered to the Town Secretary. All election records and supplies shall be preserved by the
Town Secretary in accordance with the Texas Election Code.
SECTION 16
CANVASSING OF RETURNS
fn accordance with Section 67.003(2) of the Texas Election Code, the Town Council shall
convene on May 10, 2002 at 8:00 a.m. to canvass the returns of the Election. Trophy Club
Municipal District #1 and Trophy Club Municipal District #2 shall convene at appropriately
posted meetings to canvass their respective returns.
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SECTION 17
NECESSARY ACTIONS
The Mayor, Town Council, and Town staff, in consultation with the Town Attorney, are hereby
authorized and directed to take any and all actions necessary to comply with the provisions of the
Texas Election Code in carrying out and conducting the Election, whether or not expressly
authorized herein.
SECTION 18
JOINT ELECTION AGREEEMENT
Section 271.002 of the Texas Election Code provides that the governing bodies of two or more
political subdivisions may enter into an agreement to hold a joint election if the elections ordered
by the authorities of the subdivisions are to be held on the same day in all or part of the same
territory and can be served by common polling places. A copy of the Joint Election Agreement
between the Town of Trophy Club, Trophy Club Municipal Utility District #1, and Trophy Club
Municipal District #2, is attached hereto as Exhibit "A" and is incorporated herein.
SECTION 19
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of Ordinances of the Town of Trophy Club,
Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of
such ordinances, in which event the conflicting provisions of such ordinances are hereby
repealed.
SECTION 20
SEVERABILITY CLAUSE
It is hereby declared to be the intent of the Town Council of the Town of Trophy Club that the
phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any
phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
or sections of this Ordinance, since the same would have been enacted by the Town Council
without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or
section.
SECTION 21
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption and
Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government
Code.
SECTION 22
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ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance by copying the exact Caption and Effective Date in the minutes of the Town Council
and by filing this Ordinance in the Ordinance records of the Town.
SECTION 23
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and publication in
accordance with law,
AND IT IS SO ORDAINED
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 21"
day of January, 2002. --% ,_____
C�
CD
ATTEST:
Town Secretary
Town of Trophy Cub, Texas
[SEAL]
EFFECTIVE DATE: January 30, 2002
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
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