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ORD 1996-01TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 9 F - 0 1 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS CALLING A GENERAL ELECTION TO BE HELD ON MAY 4, 1996, FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS FOR TWO (2) 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 THE CONDUCT OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code, as amended (the "Code"), specifies that the first Saturday in May shall be a uniform election date and that a general election of a city may be held on such day; and WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") has determined that the Town shall conduct its general municipal election on the first Saturday in May, 1996; and WHEREAS, the Town Council desires to and hereby calls a general election for the purpose of electing three (3) persons to the office of Council member for two (2) year terms each. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of Preamble. All of the above premises are true and correct and are incorporated into the body of this Resolution as if copied herein in its entirety. Section 2. Election Date; Pu ase of Election,• Officers and Terms of Office. That a general election shall be held in and throughout the Town on Saturday, May 4, 1996, for the purpose of electing the following officers: A. Three (3) Council members for two (2) year terms each. Section 3. Eligibility for Candidacy. In accordance with the State law, 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 temr 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, is a qualified voter of the Town, and has resided in the Town for at least six (6) months prior to the date of the regular filing deadline for a candidate's application for a place on the ballot. DOC #: 234690 -1- Section 4. Application for a Place on the Ballot. In accordance with Section 143.007 of the Texas Election Code (the "Code"), any eligible and qualified person may have that person's name printed upon the official ballot as a candidate for the offices hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than February 20, 1996 and not later than 5:00 P.M. on March 20, 1996. Each such application shall be on a form as prescribed by Section 141.031 of 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 the Code. Section 5. Runoff Election. If two or more candidates for a particular office tie for the number of votes required to be elected, there shall be a runoff election held on June 1, 1996. The runoff election shall be held in accordance with the Code. Section 6. Election Precinct; Polling Place; Election Hours. The corporate limits of the Town shall constitute one (1) election precinct for the election. The polling place for the general election shall be the Trophy Club Municipal Utility Districts Building, 100 Municipal Drive, Trophy Club, Texas. In accordance with and pursuant to the requirements of the Code, said polling place shall be open from 7:00 A.M. to 7:00 P.M. on the date of the election. Section 7. Appointment of a Presiding Election Judge and Alternate Presiding Election JudeQualifications to Serve as Election Judge, Confirmation of Appointments-, Notice of Appointments. The following named individuals, residing at the respective addresses, are hereby appointed to serve as Presiding EIection Judge and Alternate Presiding Election Judge, respectively, at the election: Presiding Election Judge: Name: Maureen Cotton Address: 538 Timber Ridge Drive Trophy Club, Texas 76262 Alternate Presiding Election Judge: Name: Cecilia Williams Address: 6 Meadow Creek Court 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 Election Code, deliver to the Presiding Election Judge notice of his appointment not later than twenty (20) days from the effective date of this Ordinance. Section 8. Appointment of Clerks. The Presiding 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 Presiding Election Judge named DOC #: 234690 -2- herein actually serves as expected, the Alternate Presiding Judge shall be one (1) of such clerks. All election clerks shall be qualified voters of the Town. Section 9. Compensation of Election Judges and Election Clerks. The Presiding Election Judge, Alternate Presiding Election Judge and each Election Clerk shall be compensated at the rate of $6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judge shall also be paid the additional sum of $25.00 for delivering the returns of the election. Such payments shall not exceed the maximum amounts set forth in Sections 32.091 and 32.092 of the Code. Section 10. 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 paper 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 (i) three (3) Council members for two (2) year terms each. No elector shall vote for more than three (3) candidates for Council member for two (2) year terms each. Section 11. Governing Law,: Qualified 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. In addition, the election materials enumerated in the Code 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 Town Hall, Trophy Club, Texas on the bulletin board or other location used for posting notices of the meetings of the Town Council not less 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 less than ten (10) days nor more than thirty (30) days prior to the date set for the election. 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. Upon publication of the election notice, the Town Secretary shall secure a publisher's affidavit which complies with the requirements of the Election Code. Section 13. 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 Clerk shall keep said office open on each day except Saturday, Sunday, and official State and/or national holidays, which hours shall be from 8:00 A.M. to 5:00 P.M., commencing on Monday, April 15, 1996 and terminating on Tuesday, April 30, 1996. 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 March 5, 1996, and not later than the close of regular business in the Early Voting Clerk's office or 12 noon, whichever is later, on April 26, 1996. DOC N: 234690 -3- 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 (i) three (3) Council members for two (2) year terms each. No elector shall vote for more than three (3) candidates for Council member for two (2) year terms each. The Early ballots shall be canvassed by the early Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding 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, Preservation of Election Records. In accordance with 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 and deliver the returns of the election in quadruplicate as follows: one copy shall be retained by the Presiding Election Judge, one copy shall be delivered to the Mayor of the Town, one copy shall be delivered to the voter registrar, and one copy of the returns, together with the ballot boxes and all 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 15. Canvassing of Returns. In accordance with the Code, the Town Council of the Town shall convene on May 7, 1996 at 7:00 o'clock P.M. to canvass the returns of the election. Section 16. Necessary Actions. The Mayor, Town Manager and the Town Secretary of the Town, 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. Effective Date. This Resolution shall be in fall force and effect from and after its passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the , 3 + r+ b day of , 1996. , Town of Trophy Club, Texas ATTEST: Town Secretary, Town of Trophy Club AOC #: 234690 -4- APPROVED AS TO FORM: Town orney, Town of Trophy Club DOC a: 234690 -5-