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ORD 1999-23TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 1999- 23 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ORDERING AND CALLING A SPECIAL ELECTION FOR NOVEMBER 2,1999 FOR THE PURPOSE OF ELECTING ONE (1) COUNCIL MENIBER TO SERVE A ONE (1) YEAR TERM IN ORDER TO COMPLETE THE TERM OF OFFICE CREATED BY A VACANCY ON THE COUNCIL; 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 CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at the June 1, 1999 Council meeting, Councilwoman Susan McCabe tendered her resignation, effective on June 1, 1999; and WHEREAS. Section 201.023 of the Texas Election Code (the "Code"), provides that if an officer submits a resignation, whether to be effective immediately or at a future date, a vacancy occurs on the date the resignation is accepted by the appropriate authority or on the eighth day after date of receipt, whichever is earlier; and WHEREAS, Section 22.010(b) of the Texas Local Government Code provides that when a vacancy on a governing body of a municipality exists, a special election may be ordered to fill the vacancy; and WHEREAS, Section 201.051 of the Code, provides that if a vacancy in office is to be filled by special election, the election shall be ordered as soon as practicable after the vacancy occurs; and WHEREAS, Section 201.052 of the Code, provides that except as otherwise provided by the Code. a special election to fill a vacancy shall be held on the first authorized uniform election day occurring on or after the 30th day after the date the election is ordered; and WHEREAS, on the first Tuesday after the first Monday in November and as a result of Mrs. McCabe's resignation and the creation of a vacancy on the Council, said date being after the 3 0th day after the date of this Ordinance ordering the election, the Town Council desires to call an election to fill that vacancy for the remainder of that term of office. SPECIAL ELECTION PAGE I S:ISHARE%LAW WPITICFANN'1TROPRYCLIORDINANCIELECTION.VAC NOW, THEREFORE, BE IT ORDA NED 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, Texas on Tuesday, November 2, 1999. SECTION 3 PURPOSE OF ELECTION The purpose of said Election is to elect one (1) Council member to fill the vacancy created by the resignation of Susan McCabe as a member of the Council. The newly elected member will serve the remainder of the unexpired term of that office. SECTION 4 ELIGIBILITY FOR CANDIDACY As set forth in Section 141.001 of the Code, no person shall be eligible for the office of Council member 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 heal 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. Further, pursuant to Section 22.032(b) of the Code, the candidate must be a registered voter and reside on election day in the Town. SECTION 5 APPLICATION FOR A PLACE ON THE BALLOT Pursuant to Section 201.054 of the Code, any eligible and qualified person may have 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 later than 5:00 PM on October 4, 1999. Each such application shall be on a form as prescribed by the 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 Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094(c)(d) of the Code. SPECIAL ELECTION PAGE 2 S:ISIIAREILAW WPITIrrANY\TROPIIYCL%ORDINANCIELECTION.VAC 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 December 4, 1999_ The runoff election shall be held in accordance with the 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 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 S APPOINTMENT OF A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION TUDGE 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_Juke Annette "Pepper" Slusar 15 Riviera Court Trophy Club, Texas 76262 Alternate Presiding Election Judge Judy Williams 215 Phoenix 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 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 SPECIAL FLECTION PAGE 3 S:\SI-IARE\LAW-WP\TIFFANY\TROPHYCLIORDINANC\ELEMON.VAC 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 The Election Judge, Alternate Election Judge, and each Election Cleric shall be compensated at the rate of $6.00 per hour pursuant to Section 32.091 of the Code. The Election .fudge 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 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 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 one (1) Council member to complete the term of office previously held by Susan McCabe. Said seat will be up for re-election on May 2, 2000. No elector shall vote for more than one (1) candidate to fill the vacancy. Election materials shall be printed in both English and Spanish for use at the polling place and for early voting for the Election. SECTION 12 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 (2 1) days prior to the date upon which the Election is to be held, and by publication of said notice at Ieast 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 SPECIAL ELECTION PAGE q S:ISHAREILAW WPITIFFAN'V'1TROPIIYCLIORDFNANCIELECTION.VAC 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 13 EARLY VOTING Early voting by personal appearance shall be conducted by the Town Secretary , who is hereby appointed the Early Voting Cleric, 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 said office open each day except Saturday, Sunday, and official State and/or national holidays, between the hours of 5:00 AM and 5:00 PM, commencing on October 18, 1999 and terminating on October 29, 1999. 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 Clerk at the same address not earlier than September 3, 1999 and not later than the close of regular business in the Early Voting Clerk's office or 12:00 PM, whichever is later, on October 26, 1999. 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 one (1) Council Member for a one (1) year term. 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 14 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. SPECIAL ELECTION PAGE 5 3:1SIIAREILAW WPITIFFAN1r1TROPHYCL%ORDINANCIELECTION.VAC SECTION 15 CANVASSING OF RETURNS In accordance with Section 67.003(2) of the Code, the Town Council shall convene on November S, 1999 at 7:00 a.m. to canvass the returns of the Election. SECTION 16 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 17 CUMULATIVE CLAUSE Thus 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 18 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 19 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 20 PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish in one issue of the SPECLLL ELECTION PAGE 6 S:ISHAREILAWV WPITIFFANl'1TROPHYCLIORAINANCIELECiION.VAC 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 Government Code. SECTION 22 EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as provided by law. AND IT IS SO ORDAINED PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 17th day of August, 1999. Marshall Engelbeck Mayor ATTEST: Diane Cockrell Town Secretary [SEAL] APPROVED AS TO LEGAL FORM: Tiffany L. Haertlifrg Town Attorney SPECIAL ELECTION PAGE 7 S:\SHARE\LAW-WP\TIFFANYXTROPFIYCL\ORDTNANCIELECTION.VAC