ORD 2018-01 Election 5/5/2018 TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2018-01
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT
GENERAL ELECTION FOR THE TOWN OF TROPHY CLUB ("TOWN")
TO BE HELD ON MAY 5, 2018 FOR THE PURPOSE OF ELECTING
ONE (1) COUNCILMEMBER FOR PLACE NO. 3 AND ONE (1)
COUNCILMEMBER FOR PLACE NO. 4 TO THE TOWN COUNCIL FOR
A THREE (3) YEAR TERM EACH; PROVIDING FOR THE
INCORPORATION OF PREMISES; SPECIFYING THE DATE OF
ELECTION; SPECIFYING THE PURPOSE OF THE ELECTION;
SPECIFYING ELIGIBILITY FOR CANDIDACY; PROVIDING FOR
APPLICATION FOR A PLACE ON THE BALLOT; PROVIDING FOR A
RUNOFF ELECTION; AUTHORIZING CONTRACTS WITH DENTON
COUNTY ELECTIONS AND TARRANT COUNTY ELECTIONS FOR
ADMINISTRATION OF THE ELECTION; ESTABLISHING OTHER
PROCEDURES FOR CONDUCTING THE ELECTION; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 41.001(a) of the Texas Election Code establishes the first
Saturday in May as a Uniform Election Date for the purposes of conducting a Joint
General 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 Joint General 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, Section 3.005(c) of the Texas Election Code provides that an
election ordered by an authority of a municipality shall be ordered not later than the 78th
day before Election Day; and
WHEREAS, the Town Council desires to and hereby orders a Joint General
Election for the purpose of electing one (1) Councilmember for Place No. 3 and one (1)
Councilmember for Place No. 4 for a three (3) year term each.
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.
SECTION 2.
DATE OF ELECTION
It is hereby ordered that a Joint General Election shall be held in and throughout the
Town of Trophy Club between the hours of 7:00 a.m. to 7:00 p.m. on Saturday, May 5,
2018 using a combined ballot.
SECTION 3.
PURPOSE OF ELECTION
The purpose of the Joint General Election is to elect one (1) Councilmember for Place
No. 3 and one (1) Councilmember for Place No. 4, each for a three (3) year term on the
Town of Trophy Club Town Council.
SECTION 4.
ELIGIBILITY FOR CANDIDACY
As set forth in Section 141.001 of the Texas Election Code, to be eligible for a public
elective office in this state, a person must: 1) be a United States citizen; 2) be 18 years
of age or older on the first day of the term to be filled at the election; 3) have not been
determined by a final judgment of a court exercising probate jurisdiction to be totally
mentally incapacitated or partially mentally incapacitated without the right to vote; 4)
have not been finally convicted of a felony from which the person has not been
pardoned or otherwise released from the resulting disabilities; 5) have resided
continuously in the state for 12 months and in the territory from which the office is
elected for six months immediately preceding the date of the regular filing deadline for a
candidate's application for a place on the ballot for a candidate whose name is to
appear on a general election ballot, or the date of the election at which the candidate's
name is written in for a write-in candidate; 6) on the date described by subdivision 5, be
registered to vote in the territory from which the office is elected; and 7) satisfy any
other eligibility requirements prescribed by law for the office.
Additional requirements are set forth in Article III, Section 3.02, of the Trophy Club Town
Charter and are as follows:
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(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 Councilmember files to become a candidate for another public
office, he shall resign his current seat upon filing for the new office.
SECTION 5.
APPLICATION FOR A PLACE ON THE BALLOT
General Election. For the purpose of the May 5, 2018 Joint 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 17, 2018 and not later than 5:00 p.m. on February
16, 2018. 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 of the Texas Election Code.
SECTION 6.
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 16, 2018.
SECTION 7.
ELECTION CONTRACTS
Since the Town of Trophy Club is located in both Denton County and Tarrant County,
the Mayor, or his designee, is authorized to execute the necessary contracts for the
administration of the May 5, 2018 Election to the extent required for the Election to be
conducted in an efficient and legal manner as determined by the Denton County
Election and/or Tarrant County Election Administrators. Upon approval by the Town
Council, a Joint Election Agreement between the Town and the Denton County
ORD 2018-01 Page 3 of 9
Elections shall be incorporated herein by reference as Exhibit "A". Upon approval by
the Town Council, a Joint Election Agreement between the Town and the Tarrant
County Elections shall be incorporated herein by reference as Exhibit "B".
SECTION 8.
ELECTIONS ADMINISTRATION
8.1 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, P.O. Box 1720, Denton, Texas 76202. 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 Denton County Elections
Administration, 701 Kimberly Drive, 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
Elections Administrator, without further action of the Town Council, as is necessary for
the proper conduct of the Election.
8.2 Tarrant County. The Tarrant County Elections Administrator, Karen Lawrence, 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, P.O. 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 Elections 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 Tarrant County
Elections Administrator, without further action of the Town Council, as is necessary for
the proper conduct of the Election.
ORD 2018-01 Page 4 of 9
SECTION 9.
NOTICE OF ELECTION PUBLICATION
Notice of the Election shall be given by posting a notice containing a substantial copy of
this Ordinance in both English, Spanish, and Vietnamese at the Town Hall on the
bulletin board used for posting notices of the Town Council meetings 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 earlier than the 30th day or later than the 10th day
before election day.
SECTION 10.
CANVASS OF ELECTION
Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass
the Election not earlier than May 8, 2018 and not later than May 16, 2018. 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 Meetings Act for other Town Council meetings in
accordance with the Chapter 551 of the Local Government Code.
SECTION 11.
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 12.
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.
SECTION 13.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance as required by the Town Charter.
ORD 2018-01 Page 5 of 9
SECTION 14.
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 13th day of February 2018. ,
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C. Nick Sanders, Mayor
Town of Trophy Club, Texas
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Holly Fi • es, Town Secretary 1,A
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APP' •VED • AS FORM:
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J. Dig "''odd Ill, own Attorney
Tow of Trophy Club, Texas
ORD 2018-01 Page 6 of 9
EXHIBIT "A"
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY
ELECTIONS
Incorporated By Reference
ORD 2018-01 Page 7 of 9
EXHIBIT "B"
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY
ELECTIONS
Incorporated By Reference
ORD 2018-01 Page 8 of 9
EXHIBIT "C"
NOTICE FOR EARLY VOTING
Incorporated By Reference
Trophy Club Denton County voters may only vote at the 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:
Locations designated by Denton County:
Monday, April 23 8:00 a.m. to 5:00 p.m.
Tuesday, April 24 8:00 a.m. to 5:00 p.m.
Wednesday, April 25 8:00 a.m. to 5:00 p.m.
Thursday, April 26 8:00 a.m. to 5:00 p.m.
Friday, April 27 8:00 a.m. to 5:00 p.m.
Saturday, April 28 8:00 a.m. to 5:00 p.m.
Monday, April 30 7:00 a.m. to 7:00 p.m.
Tuesday, May 1 7:00 a.m. to 7:00 p.m.
Tarrant County
Early voting by personal appearance will be conducted at:
Locations designated by Tarrant County:
Monday, April 23 8:00 a.m. to 5:00 p.m.
Tuesday, April 24 8:00 a.m. to 5:00 p.m.
Wednesday, April 25 8:00 a.m. to 5:00 p.m.
Thursday, April 26 8:00 a.m. to 5:00 p.m.
Friday, April 27 8:00 a.m. to 5:00 p.m.
Saturday, April 28 7:00 a.m. to 7:00 p.m.
Sunday, April 29 11:00 a.m. to 4:00 p.m.
Monday, April 30 7:00 a.m. to 7:00 p.m.
Tuesday, May 1 7:00 a.m. to 7:00 p.m.
ORD 2018-01 Page 9 of 9