ORD 2014-02• ' E! iM151
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT
GENERAL AND SPECIAL ELECTION FOR THE TOWN OF TROPHY
CLUB ("TOWN") TO BE HELD ON MAY 10, 2014 FOR THE PURPOSE
OF ELECTING ONE (1) MAYOR FOR A THREE (3) YEAR TERM AND
TWO (2) COUNCIL MEMBERS FOR PLACE #1 AND PLACE #2 TO
THE TOWN COUNCIL FOR A THREE (3) YEAR TERM EACH;
ORDERING AND CALLING A SPECIAL ELECTION FOR THE
PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER FOR PLACE #3
TO THE TOWN COUNCIL TO FILL THE REMAINDER OF AN
UNEXPIRED TERM OF OFFICE OF PLACE #3 CREATED BY A
VACANCY (TERM EXPIRING MAY, 2015); AND ORDERING AND
CALLING A SPECIAL ELECTION TO SUBMIT TO THE RESIDENT
QUALIFIED VOTERS OF THE TOWN OF TROPHY CLUB A
PROPOSITION RELATING TO THE REAUTHORIZATION OF THE
LOCAL SALES AND USE TAX AT THE RATE OF ONE-FOURTH OF
ONE PERCENT (0.25) IN ORDER TO CONTINUE PROVIDING
REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL
STREETS FOR A SPECIFIED PERIOD; PROVIDING FOR THE
INCORPORATION OF PREMISES; SPECIFYING THE DATE OF
ELECTION; SPECIFYING THE PURPOSE OF THE ELECTION;
SPECIFYING ELIGIBILITY FOR CANDIDACY; PROVIDING FOR AN
APPLICATION FOR A PLACE ON THE BALLOT FOR BOTH THE
JOINT GENERAL AND SPECIAL ELECTION; PROVIDING FOR A
RUNOFF ELECTION; PROVIDING FOR THE APPOINTMENT OF 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 FOR ADMINISTRATION OF A JOINT ELECTION BY
BOTH TARRANT COUNTY AND DENTON COUNTY; PROVIDING AN
AGREEMENT WITH DENTON COUNTY AND AUTHORIZING AN
AGREEMENT WITH TARRANT COUNTY FOR ADMINISTRATION OF
THE ELECTION; 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 (hereinafter the
"Code") establishes the second Saturday in 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 finds and declares that the meeting at which this
Ordinance is considered is open to the public as required by law, and that public notice
of the time, place, and purpose of such meeting was given as required by Chapter 551,
Texas Government Code, as amended; and
WHEREAS, the Town Council desires to and hereby calls a Joint General
Election for the purpose of electing one (1) Mayor for a three (3) year term and two (2)
Council members for Place #1 and Place #2 for a three (3) year term each, for the
purpose of electing one (1) Council Member for Place #3 to the Town Council to fill the
remainder of an unexpired term of office of Place #3 created by a vacancy (term
expiring May, 2015); and a Joint Special Election on a measure; and
WHEREAS, in a May, 2006 Special Election, pursuant to an election on a
measure, the residents of the Town voted to reduce the amount of sales tax allocated to
EDC413 by one-fourth of one percent (.25) and to levy a sales and use tax of one-fourth
of one percent (.25) to provide revenue for the maintenance and repair of municipal
streets; and
WHEREAS, in May, 2010, the Town Council held an election to allow voters to
reauthorize the local sales and use tax at the rate of one-fourth of one percent (0.25%)
in order to continue providing revenue for maintenance and repair of municipal streets,
and the voters of the Town voted affirmatively to reauthorize the tax for road
maintenance and repair; and
WHEREAS, in order for the road maintenance and repair tax to continue in
effect, the Town is required to hold an election to reauthorize the tax, and the election
must be held in the same manner as the election that was used to levy the tax; and
WHEREAS, the Town Council desires to and hereby orders and calls a Special
Election with combined ballot pursuant to Section 321.409 of the Texas Tax Code to
determine whether the citizens desire to reauthorize a sales and use tax to provide
revenue for maintenance and repair for municipal streets as authorized by Chapter 327
of the Texas Tax Code; 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 62nd day
before Election Day; and
WHEREAS, because the Town of Trophy Club is located in both Denton County
and Tarrant County, the Town will enter into an Election Services Contract with Denton
County and an Election Services Contract with Tarrant County so that those entities will
ORD 2014-02 Page 2 of 13
provide election services for Denton County and Tarrant County residents of Trophy
Club; and
WHEREAS, the Election shall be conducted in accordance with the Code under
the jurisdiction of the Denton County Elections Administration (the "Denton County
Elections Administrator") pursuant to an Election Services Contract (the "Contract") by
and among Denton County Elections Administration ("DCEA"), and other participating
entities, if any, described in a Contract between the Town and Denton County, a copy of
which Contract will be incorporated herein as Exhibit "A" upon its final approval and
execution by the Town; and
WHEREAS, he Election shall be conducted in accordance with the Code under
the jurisdiction of the Tarrant County Elections Administration (the "Tarrant County
Elections Administrator") pursuant to an Election Services Contract (the "Contract") by
and among Tarrant County Elections Administration ("TCEA"), and other participating
entities, if any, described in the Contract between the Town and Tarrant County.
Tarrant County has advised the Town that it will not submit a contract for Election
Services until sometime during the month of April when the determination of
participating entities and cost per entity is available. Upon Town Council approval of the
Interlocal Agreement with Tarrant County, a copy of that agreement shall be
incorporated herein by reference as Exhibit "B"; and
WHEREAS, Section 85.004 of the Texas Election Code provides that an election
order and the election notice must state the location of each early voting polling place;
and,
WHEREAS, the Town Council finds that upon the canvassing of the returns of
the May 10, 2014 election, this Ordinance and election order, shall be enacted as set
forth in this Ordinance; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1
INCORPORATION OF PREMISES
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.
All resident, qualified voters of the Town shall be eligible to vote at the Election.
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ORD 2014-02 Page 3 of 13
It is hereby ordered that a General and Special Election (collectively the "Election") shall
be held in and throughout the Town of Trophy Club on Saturday, May 10, 2014 using a
combined ballot.
SECTION 3
PURPOSE OF ELECTION
3.1 General. The purpose of the joint General Election is to elect one (1) Mayor for a
three (3) year term and two (2) Council members for Place #1 and #2 for a three (3)
year term to the Town of Trophy Club Town Council;
3.2 Special Election. The purpose of the joint Special Election is to elect one (1)
Council member for Place #3 for a one (1) year term in order to complete the remainder
of the term of office for Place #3 created by a vacancy on the Trophy Club Town
Council;
3.2 Special Election on a Measure. The purpose of the joint Special Election is to hold
an election on a measure, to wit: reauthorization of the local sales and use tax in the
Town of Trophy Club at the rate of one-fourth of one -percent to continue providing
revenue for maintenance and repair of municipal streets. If adopted, the tax would be
set to expire on the 10th anniversary of the date of this election unless it is subsequently
reauthorized. If the reauthorization is not approved by the voters, the tax is set to expire
on July 1, 2014.
SECTION 4
BALLOT LANGUAGE ON MEASURES
The official ballots for the Special Election on a Measure shall be prepared in
accordance with the Texas Election Code so as to permit the electors to vote "FOR" or
"AGAINST" each proposition, as required for an election on a measure, with -the ballots
to contain such provisions, markings and language as required by law, and with such
propositions to be expressed substantially as follows:
I
--•-• • ki
The reauthorization of the local sales and use tax in the Town of Trophy
Club at the rate of one-fourth of one percent (0.25%) to continue providing
revenue for maintenance and repair of municipal streets. The tax expires on
the 10th anniversary of the date of this election unless the imposition of the
tax is reauthorized
RAGAT•-
. .
ORD 2014-02 Page 4 of 13
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, 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
general 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 set forth in the Town
Charter and are as follows:
A. Mayor or Council Member:
As set forth in Section 141.001 of the Texas Election Code and Article III of the
Trophy Club Town Charter:
a. Each person who becomes a candidate for Mayor or Councilmember shall meet
the following qualifications:
(1) be at least eighteen (18) years of age on the first day of the form to be filed;
(2) be a citizen of the United States;
(3) be a qualified voter of the Town;
(4) reside and have resided for at least twelve (12) months preceding the
election within the corporate limits of the Town;
(5) no candidate may file for more than one office or position number per
election;
(6) no employee of the Town shall continue in such position after becoming a
candidate for a Town elective office; and,
(7) If any sitting Council member files to become a candidate for another public
office, he shall resign his current seat upon filing for the new office.
• 7
• FOR A PLACE • THE BALLOT
7.1 General Election. For the purpose of the May, 2014 General Election and
pursuant to Section 143.007 of the Texas Election 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 earlier than January 29, 2014 and not later than 5:00 p.m. on February
28, 2014. 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) and (d) of the Texas Election Code.
ORD 2014-02 Page 5 of 13
7.2 Special Election. For the purpose of the May, 2014 Special Election to fill the
vacancy on the Trophy Club Town Council and pursuant to the Texas Election 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 earlier than February 18, 2014 and not later
than 5:00 p.m. on March 10, 2014. 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) and (d)
of the Texas Election Code,
SECTION 8
RUNOFF ELECTION
If no candidate receives a majority of all votes cast for all of the candidates for his or her
office at such election as required to be lawfully elected, there shall be a runoff election
held. The runoff election shall be conducted as required by the Town Charter and the
Texas Election Code. Notwithstanding the foregoing, the runoff election date has
tentatively been set for June 21, 2014.
SECTION 9
VOTING PRECINCTS
The voting precincts for the Election are designated by their respective county precinct
numbers. The proposed times and locations of early voting for Denton County and
Tarrant County are set forth in Exhibit "C", a copy of which is attached hereto and
incorporated herein. Exhibit "C" shall be amended to include the final schedule of
times and locations of early voting for both Town of Trophy Club Denton and Tarrant
County residents upon announcement by the Denton County Elections Administrator.
Notwithstanding the foregoing, the early voting times and locations set forth in Exhibit
"C" may be changed without further action of the Town Council if so directed by the
Elections Administrator for Denton County or the Elections Administrator for Tarrant
County.
In addition to the early voting polling locations within the Town, all Denton County
Trophy Club voters may vote at all early voting polling locations as designated and
maintained by Denton County throughout the County.
Tarrant County Trophy Club voters may only vote at all early voting polling locations as
designated and maintained by Tarrant County throughout the County.
The Denton and Tarrant County Elections Administrators are hereby authorized and
directed to make such changes in polling locations as may be necessary for the proper
conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on
Election Day.
ORD 2014-02 Page 6 of 13
SECTION 10
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10.1 Denton County. The Denton County Elections Administrator, Frank Phillips, is
hereby appointed as Denton County Early Voting Clerk for the Election. Deputy early
voting judges/clerks will be appointed as needed to process early voting mail and to
conduct early voting. Early voting by mail shall be conducted in conformance with the
requirements of the Code. Ballot applications and ballots voted by mail shall be sent to:
Early Voting Clerk, 701 Kimberly Drive, Suite A101, Denton, Texas 76208, The
Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint
the members of the Early Voting Ballot Board and the presiding judge and alternate
judge in accordance with the requirements of the Code. Early voting by personal
appearance shall be conducted at the times on the dates and at the locations
designated on Exhibit "A" hereto. The main early voting polling place is hereby
designated to be 701 Kimberly Drive, Suite A101, Denton, Texas 76208. Early voting
shall be conducted by the Early Voting Clerk, at the main early voting polling location
listed above, and at the locations designated on Exhibit "C" hereto; such locations may
be changed or additional early voting locations may be added by the Denton County
and/or Tarrant County Elections Administrator, without further action of the Town
Council, as is necessary for the proper conduct of the Election.
10.2 Tarrant County. The Tarrant County Elections Administrator, Steve Raborn, is
hereby appointed as Tarrant County Early Voting Clerk for the election. Deputy early
voting judges/clerks will be appointed as needed to process early voting mail and to
conduct early voting. Early voting by mail shall be conducted in conformance with the
requirements of the Code. Ballot applications and ballots voted by mail shall be sent to:
Early Voting Clerk, PO Box 961011, Fort Worth, Texas 76161-0011. The Elections
Administrator and/or the Early Voting Clerk are hereby authorized to appoint the
members of the Early Voting Ballot Board and the presiding judge and alternate judge in
accordance with the requirements of the Code. Early voting by personal appearance
shall be conducted at the times on the dates and at the locations designated on Exhibit
"C" hereto. The main early voting polling place is hereby designated to be Tarrant
County Election Center, 2700 Premier Street, Fort Worth, Texas 76111. Early voting
shall be conducted by the Early Voting Clerk, at the main early voting polling location
listed above, and at the locations designated on Exhibit "C" hereto; such locations may
be changed or additional early voting locations may be added by the Elections
Administrator, without further action of the Town Council, as is necessary for the proper
conduct of the Election.
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Compensation for election judges and alternate judges for their service in the Election
shall be determined by the Denton County Elections Administrator and the Tarrant
County Elections Administrator. E -slate, a Direct Record Electronic (DRE) System shall
ORD 2014-02 Page 7 of 13
be used for early voting by personal appearance, and in the May 10, 2014 election at
Denton County and Tarrant County Polling Sites. Paper ballots, which are optically
scanned, shall be used for early voting by mail. In the May 10, 2014 election, the
Denton County and the Tarrant County Elections Administrator shall cause ballots to be
prepared in the form of the ballot first above prescribed, being in both English and
Spanish, and shall furnish election officials such ballots, in such form, together with any
other forms or blanks, in accordance with the Charter of the Town of Trophy Club, the
Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any
amendments thereto, insofar as same are applicable.
SECTION 12
EARLY VOTING
In addition to the early voting polling location located within the Town, Trophy Club
Denton County voters may vote at all early voting polling locations as designated and
maintained by Denton County throughout the County per the Joint Election Agreement
and Contract for Election Services with Denton County.
Trophy Club Tarrant County voters may only vote at the early voting polling location
designated and maintained by the Denton County Elections Administrator.
SECTION 13
ELECTION MATERIALS
The election materials enumerated in the Code shall be printed in both English and
Spanish for use at the polling places and for early voting for the Election and provisions
shall be made for oral assistance to Spanish-speaking voters.
SECTION 14
ELECTION RETURNS
The election officers shall make returns for the Election in the manner required by law,
and the ballots that are properly marked in conformance with the provisions of the Code
for votes cast both during the period of early voting and on the day of the Election shall
be counted in the manner required by law.
• 15
• • ELECTION PUBLICATION
Notice of the Election shall be given by posting a notice containing a substantial copy of
this Ordinance in both English and Spanish at the Town Hall on the bulletin board used
for posting notices of the meetings of the Town Council and by publication of said notice
one time in a newspaper of general circulation published within the Town, the date of
the publication to be not less than fourteen (14) days nor more than thirty (30) days prior
to the date set for the Election.
ORD 2014-02 Page 8 of 13
SECTION 16
CANVASS OF ELECTION
Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass
the election not earlier than May 13, 2014 and not later than May 19, 2014. Notice of
the time and place for canvass shall be posted on the official bulletin board in the same
manner as required by the Open Meeting Act for other Town Council meetings in
accordance with the Chapter 551 of the Local Government Code.
SECTION 17
VOTING RIGHTS ACT
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 and the Federal Voting Rights Act in carrying out and
conducting the Election, whether or not expressly authorized herein.
SECTION 18
SEVERABILITY
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.
•
The Town Manager or the Town Manager's designee is authorized to amend or
supplement any and all contracts for the administration of the May, 2014 Election to the
extent required for the Election to be conducted in an efficient and legal manner as
determined by the Denton County and/or Tarrant County Elections Administrator.
Attached and incorporated herein as Exhibit "A" is a copy of a joint election agreement
between the Town and the Denton County Elections Department. Upon approval by the
Town Council, a joint election agreement between the Town and the Tarrant County
Elections Department shall be incorporated herein by reference as Exhibit "B".
ORD 2014-02 Page 9 of 13
SECTION 20
ENGROSSMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance as required by the Town Charter.
SECTION 21
EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 17th day of February, 2014.
0
Town Secretary
by Club, Texas
6e
onnie White, Mayor
Town of Trophy Club, Texas
Patricia A. Adams, Town Attorney
r! TRp`\ Town of Trophy Club, Texas
ORD 2014-02 Page 10 of 13
EXHIBIT A
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY
ORD 2014-02 Page 11 of 13
EXHIBIT B
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY
Incorporated By Reference
ORD 2014-02 Page 12 of 13
EXHIBIT C
In addition to the early voting polling location located within the Town, Trophy Club Denton
County voters may vote at all early voting polling locations as designated and maintained by
Denton County throughout the County.
Trophy Club Tarrant County voters may only vote at the early voting polling locations as
designated and maintained by Tarrant County throughout the County.
The Order of Election will be amended at a later date to include early voting sites added due
to joint elections with other political subdivisions.
Denton County
Early voting by personal appearance will be conducted at:
100 Municipal Drive on the following:
Monday, April 28
8:00
Tuesday, April 29
8:00 a.m. — 5:00 p.m.
Wednesday, April 30
8:00
Thursday, May 1
8:00 a.m. — 5:00 p.m.
Friday, May 2
8:00 a.m. — 5:00 p.m.
Saturday, May 3
8:00 a.m. — 5:00 p.m.
Monday, May 5
7:00 a.m. — 7:00 p.m.
Tuesday, May 6
7:00 a.m. — 7:00 p.m.
ORD 2014-02 Page 13 of 13