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ORD 1992-01TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 92- 01 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS CALLING A GENERAL ELECTION TO BE HELD ON MAY 2, 1992, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEMBERS FOR TWO (2) YEAR TERMS EACH; PROVIDING THAT THE ELECTION SHALL BE CONDUCTED JOINTLY WITH TROPHY CLUB MUNICIPAL UTILITY DISTRICTS NO. 1 AND NO. 2; DESIGNATING THE ENTIRE TOWN AS ONE ELECTION PRECINCT AND DESIGNATING A POLLING PLACE WITHIN SAID 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 town 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, 1992; and WHEREAS, by this Ordinance, it is the intention of the Town Council to: (i) call for said general election to be held on said date, (ii) designate the entire Town as one election precinct, (iii) designate a polling place for the election, (iv) appoint the necessary election officers, (v) establish and set forth procedures for conducting the election; and (vi) establish a date for canvassing the returns of said election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of Preamble. That the above and foregoing preamble is true and correct and is incorporated into the body of this Ordinance as if copied herein in its entirety. Section 2. Election Date• Purpose of Election• Officers and Terms of Office. That a general election shall be held in and throughout the Town on Saturday, May 2, 1992, for the purpose of electing the following officers: Three (3) Councilmembers for two (2) year terms each. Section 3. Eligibility for Candidacy. In accordance with Section 22.032 of the Tex. Local Government Code, as amended, and with Section 141.001 of the Code, and among other requirements set -1- forth therein, no person shall be eligible for the office of Councilmember unless that person is a registered voter who resides, on election day, in the Town and has resided within the State of Texas for at least twelve (12) months and in the corporate limits of the Town for at least six (6) months immediately preceding the date of the regular filing deadline for a candidate's application for a place on the ballot. Section 4. Aloplication for a Place on the Ballot. In accordance with Section 143.007 of the Code, any eligible and qualified person may have his/her name printed upon the official ballot as a candidate for the offices hereinbefore set forth by filing his/her sworn application with the Town Secretary not earlier than February 17, 1992 and not later than 5:00 P.M. on March 18, 1992. 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. In accordance with the Code, in the event of a tie there shall be a runoff election held on shaMaybordered , 1992. If a runoff election is necessary, it Bred by the Mayor not later than five (5) days after the canvassing of the returns of the general election. Section 6. Joint Election. The general election ordered herein shall be conducted jointly with the Trophy Club Municipal Utility District No. 1 ("MUD111) and the Trophy Club Municipal Utility District No. 2 (MUD211) pursuant to Chapter 272 of the Code and a joint election agreement between the Town, MUD1 and MUD2. In the event that the joint election agreement shall conflict with the terms of this ordinance, the joint election agreement shall control. section 7. Election Precinct; Polling Place; Election Hours. The entire Town shall constitute one (1) election precinct for the election_, and the polling place is hereby designated to be located at the 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 8. Appointment noresidlna.Election Judge and Alternate Presiding Election aa lifications 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 Election Judge and Alternate Presiding Election Judge, respectively, at the election: -2- Presiding Election Judge: Name: Patricia Blauvelt Address: 5 Colonial Court Alternate Presiding Election Judge: Name: Joan Smeraldi Address: 3 Colonial Court All Election Judges shall be qualified voters of the Town. By approving and signing this ordinance, the Mayor of the Town officially confirms the appointment of the aforesaid election officers and those hereinafter appointed pursuant to Sections 8 and 13 of this Ordinance to serve at said election, and by passing this ordinance, the Town Council approves and concurs in the appointment of the aforesaid election officers. The Town Secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Election Judge and Alternate Presiding Election Judge notice of their appointments not later than twenty (20) days from the effective date of this Ordinance. Section 9. Aippointment 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 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 10. Com ensation of Election Jud es and Election Clerks. The Presiding Election Judge, Alternate Presiding Election Judge and each Election Clerk shall be compensated at the rate of $5.00 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 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 paper ballots. Preparation of the official ballots for the election shall conform to the requirements of the Code and to the joint election agreement, and in so doing shall permit the voter to vote for three (3) Councilmembers for two (2) year terms each. Each elector shall place an "X" in the space provided beside each candidate's name that he/she wished to vote -3- for, provided, however, that no elector shall vote for more than three (3) candidates for Councilmember. Section 12. 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 Coed shall be printed in both English and Spanish for use at the polling place and for absentee 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 Town Municipal Utility Districts Building, 100 Municipal Drive, Trophy Club, Texas at the bulletin board or other location used for posting notices of the meetings of the Town Council and three (3) other public places within the Town not less than twenty-one (21) days (April 11, 1992) prior to the date upon which the election is to beheld, and by publication of said notice at least once in to newspaper of general circulation within the Town, the date of said publication to be not less than ten (10) days (April 22, 1992) nor more than thirty (30) days (April 2, 1992) 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 (April 22, 1992) 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 Code. section 14. Early Voting. Early voting by personal appearance shall be conducted by the Town Secretary, who is hereby appointed the Early Voting Clerk, at the office of the Town Secretary located at the Municipal Utility Districts Building, 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 13, 1992 and terminating on Tuesday, April 28, 1992. 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 3, 1992, and not later than the close of regular business in the Early Voting Clerk's office or 12 noon, whichever is later, on April 24, 1992. Early voting, both by personal appearance and by mail, shall be by paper ballots, which ballots shall conform to the requirements of the Code, and in so doing shall permit the voters to vote for three (3) Councilmembers for two (2) year terms each. Each elector shall indicate his/her vote by placing an "X" in the space provided beside each candidate's name that he/she wished to -4- vote for, provided, however, that no elector shall vote for more than three (3) candidates for Councilmember. 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 15. 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 16. Canvassing of Returns. In accordance with the Code, the Town Council of the Town shall convene on May 5 , 1992 at 7:00 o'clock P.M. to canvass the returns of the election. Section 17. Necessary Actions. The Mayor 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 18. Effective Date. This Ordinance shall be in force and effect from and after its passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 2Ist day of January _ , 1992• ATTEST: Town Secret ry, Town of Thy Club, 4xas [SEAL] YAM yor, Townes Trophy Club, Texas mim APPROVED AS TO FORM: Town Attorney, Towt of Trophy Club, Texas 0M.