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ORD 2000-07TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2000-07 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ORDINANCE NO. 2000-05 AND ORDERING AND CALLING AN ELECTION TO BE HELD ON MAY 6, 2000, TO CONSIDER WHETHER TO IMPOSE A ONE-HALF OF ONE PERCENT SALES AND USE TAX FOR ECONOMIC DEVELOPMENT; DESIGNATING A POLLING PLACE WITHIN THE TOWN; APPOINTING A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCTION OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001(a)(2) of the Texas Election Code (hereinafter the "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 Code provides that the governing body of a municipality shall be the authority to order a General or Special Election; and WHEREAS, the Development Corporation Act of 1979 authorizes municipalities to enact a sales and use tax for the purpose of economic development; and WHEREAS, the Town Council desires to and hereby calls an Election for the purpose of considering whether a one-half of one percent cent sales tax should be imposed; and WHEREAS, the Town Council is empowered under Section 321.401 of the Texas Tax Code to call said election; WHEREAS, Section 3.005 of the 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 Code provides that the City Secretary shall serve as the Early Voting Clerk in Mtuucipal Elections; and ...... . ........ ... .......... ... ... ....... ...... ........ ... .... ...... WHEREAS, Section 32.001 of the 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 Code provides for the appointment of an Early Voting Ballot Board; and WHEREAS, Section 87.002 of the Code provides for the appointment of the Early Voting Ballot Board Judge. 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 Special Election (the "Election") shall be held in and throughout the Town of Trophy Club on Saturday, May 6, 2000. SECTION 3 PURPOSE OF ELECTION; PROPOSITIONS The purpose of the Election is to approve or disapprove the adoption of a one-half of one percent cent sales tax for economic development. At the election the following proposition shall be submitted to the vote of the qualified voters of the Town: Proposition No. 1 The adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-half of one percent. "For" or "Against" Proposition No. 2. The use of proceeds from the proposed sales and use tax within the Town of Trophy Club forthe benefit of a development corporation operating on behalf of the Town under Section 4A of Article 5190.b of Texas Revised Civil Statutes, for the costs of projects authorized by Section 4B of said Article 5190.b, to wit: acquiring, constructing, operating, repairing, and making improvements to public parks, and recreation facilities within the Town of Trophy Club: "For" or "Against" SECTION 4 ELECTION PRECINCT POLLING PLACE AND HOURS The corporate limits of the Town of Trophy Club, Texas shall constitute one (1) election precinct for the 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 Code, said 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 5 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 Jude Alternate Presiding, Election Judge Annette "Pepper" Slusar Judy Williams 15 Riviera Court 215 Phoenix Drive Trophy Club, Texas 76262 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 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 6 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 7 COMPENSATION OF THE JUDGE AND CLERKS The Election Judge, Alternate Election Judge, and each Election Clerk shall be compensated at the rate of $6.00 per hour pursuant to Section 32.091 of the Code. The Election Judge or Clerk who delivers the 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 Code. SECTION 8 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 ballots. Preparation of the official ballots for the Election shall conform to the requirements of the Code, and in so doing shall permit the voter to vote "For" or "Against". No elector shall vote both "For" and "Against" the one-half of one percent sales tax. SECTION 9 GOVERNING LAW; QEALIFIED VOTERS The Election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident, qualified electors of the Town shall be eligible to vote at the Election. Election materials shall be printed in both English and Spanish for use at the polling place and for early voting for the Election. SECTION 10 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 Iater than twenty-one (2 1) 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 less 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 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 11 EARLY VOTING 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 Cleric shall keep said office open each day except Saturday, Sunday, and official State and/or national holidays, between the hours of 8:00 a.m. and 5:00 p.m., commencing on Wednesday, April 19, 2000 and terminating on Tuesday, May 2, 2000. Early voting on a Saturday or Sunday, if any, shall be conducted in accordance with the requirements of the Code. Application for early voting by mail shall be delivered to the Early Voting CIerk at the same address not earlier than March 7, 2000 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 28, 2000. Early voting, both by personal appearance and by mail, shall be by use of paper ballots, which ballots shall conform to the requirements of the Code, and in so doing shall permit the voters to vote "For" or "Against" the proposition. 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 12 DELIVERY OF RETURNS Pursuant to Section 66.051 of the 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 Code. SECTION 13 CANVASSING OF RETURNS In accordance with Section 67.003(2) of the Code, the Town Council shall convene on May 9, 2000 at 7:30 a.m, to canvass the returns of the Election. SECTION 14 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 Code in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 15 CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of ordinances of the Town of Trophy Club, and shall not repeal any of the provisions of these ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this Ordinance, provided, however, that Ordinance No. 2000 -5 of the Town shall be and is hereby repealed. SECTION 16 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 tins 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 17 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 Clause in the minutes of the Town Council and by filing this Ordinance in the Ordinance records of the Town. SECTION 18 PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish in one issue of the official newspaper of the Town of Trophy Club, the Caption and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Goveriunent Code. SECTION 19 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 March, 2000. Mayor, Town of Trophy Club, Texas ATTEST: Town Secretary, Tc?'v� n of Trophy Club, Texas F AL1 L APPROVED AS TO LEGAL FORM: Town A 4, Town of Troph Club, Texas