Agenda Packet TC 01/28/2019 - Special Session
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Town CouncilPage 1 of 14Meeting Date: January 28, 2019
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Town CouncilPage 2 of 14Meeting Date: January 28, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-070-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
1/22/2019Town Council
On agenda:Final action:
1/28/2019
Title:
Consider and take appropriate action regarding accepting the resignation of Rhylan Rowe, Council
Member Place No. 3 (Mayor Sanders and Mayor Pro Tem Shoffner).
Attachments:
Resignation - Signed.pdf
DateVer.Action ByActionResult
Agenda Item No. 1:
ConsiderandtakeappropriateactionregardingacceptingtheresignationofRhylanRowe,CouncilMemberPlaceNo.3
(Mayor Sanders and Mayor Pro Tem Shoffner).
Town CouncilPage 3 of 14Meeting Date: January 28, 2019
Town CouncilPage 4 of 14Meeting Date: January 28, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-071-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
1/22/2019Town Council
On agenda:Final action:
1/28/2019
Title:
Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering
and calling a Special Election to be held on May 4, 2019 for the purpose of electing one (1)
Councilmember to Place No. 3 on the Trophy Club Town Council for the remainder of an unexpired
term (expiring in May 2021); providing for canvassing of returns; providing for a runoff election as
necessary; adopting provisions relative to publication and other matters necessary to conduct the
election; and providing an effective date (Mayor Sanders and Mayor Pro Tem Shoffner).
Attachments:
ORD 2019-03 - Calling May 2019 Special Election.pdf
DateVer.Action ByActionResult
Agenda Item No. 2:
ConsiderandtakeappropriateactionregardinganOrdinanceoftheTownofTrophyCluborderingandcallingaSpecial
ElectiontobeheldonMay4,2019forthepurposeofelectingone(1)CouncilmembertoPlaceNo.3ontheTrophyClub
TownCouncilfortheremainderofanunexpiredterm(expiringinMay2021);providingforcanvassingofreturns;
providingforarunoffelectionasnecessary;adoptingprovisionsrelativetopublicationandothermattersnecessaryto
conduct the election; and providing an effective date (Mayor Sanders and Mayor Pro Tem Shoffner).
Town CouncilPage 5 of 14Meeting Date: January 28, 2019
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2019-03
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ORDERING AND CALLING A SPECIAL
ELECTION FOR THE TOWN OF TROPHY CLUB (“TOWN”) TO BE
HELD ONMAY 4, 2019FOR THE PURPOSE OF ELECTING ONE (1)
COUNCILMEMBER FOR PLACE NO. 3 TO THE TOWN COUNCIL TO
FILL THE REMAINDER OF AN UNEXPIRED TERM OF OFFICE
CREATED BY A VACANCY (TERM EXPIRING MAY 2021); 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 SPECIAL ELECTION; ESTABLISHING
OTHER PROCEDURES FOR CONDUCTING THE SPECIALELECTION;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,Section 3.004 of the Texas Election Code provides that the
governing body of a municipality shall be the authority to order a 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 suchmeeting was given as required by Chapter 551,
Texas Government Code, as amended; and
WHEREAS, Pursuant to Article III, The Council, Section 3.04, Vacancies,
Forfeiture of Office, Filling of Vacancies, of the Towns Home Rule Charter, the Town
Council hereby calls a SpecialElection for the purpose of electing one (1)
Councilmember for Place No. 3 to the Town Council to fill the remainder of an unexpired
term of office created by a vacancy (term expiring May2021); and
WHEREAS, according to Section 201.051 of the Texas Election Code, 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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Town CouncilPage 6 of 14Meeting Date: January 28, 2019
SECTION 1
INCORPORATIONOF 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 Special Election.
SECTION 2
DATE OF ELECTION
It is hereby ordered that aSpecial Election shall be held onMay 4, 2019, from 7:00 a.m.
to 7:00 p.m.
SECTION 3
PURPOSE OF ELECTION
The purpose of the SpecialElection istoelect one (1) Councilmember for Place No. 3
to the Town Council to fill the remainder of an unexpired term of office createdby a
vacancy (term expiring May 2021).
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 inthis 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
candidates 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 candidates
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:
(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 ofthe form to be filed;
ORD 2019-03 Page 2 of 9
Town CouncilPage 7 of 14Meeting Date: January 28, 2019
(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
For the purpose of the May 4, 2019 Special Election and pursuant to Section 201.054of
the Texas Election Code, any eligible and qualified person may have that person's
nameprinted 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
28, 2019 and not later than 5:00 p.m. on March 4, 2019. 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 8, 2019.
SECTION 7.
ELECTION CONTRACTS
Since the Town of Trophy Club is located in both Denton County and Tarrant County,
theMayor, or hisdesignee, is authorized to execute the necessary contracts for the
administration of the May 4, 2019 SpecialElectionto 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
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”.
ORD 2019-03 Page 3 of 9
Town CouncilPage 8 of 14Meeting Date: January 28, 2019
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 locationlisted
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 ElectionsCenter, 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 2019-03 Page 4 of 9
Town CouncilPage 9 of 14Meeting Date: January 28, 2019
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 Vietnameseat 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 67.003 of the Texas Election Code, the Town Council will canvass
the Election not earlier than May 7, 2019 and not later than May15, 2019. 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,
arehereby 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.
ENGROSSMENTAND 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 2019-03 Page 5 of 9
Town CouncilPage 10 of 14Meeting Date: January 28, 2019
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 28thday of January 2019.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
\[SEAL\]
ATTEST:
Holly Fimbres,Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
ORD 2019-03 Page 6 of 9
Town CouncilPage 11 of 14Meeting Date: January 28, 2019
EXHIBIT “A”
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY
ELECTIONS
Incorporated By Reference
ORD 2019-03 Page 7 of 9
Town CouncilPage 12 of 14Meeting Date: January 28, 2019
EXHIBIT “B”
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY
ELECTIONS
Incorporated By Reference
ORD 2019-03 Page 8 of 9
Town CouncilPage 13 of 14Meeting Date: January 28, 2019
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 Countyvoters 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 DentonCounty:
Monday, April 228:00 a.m. to 5:00 p.m.
Tuesday, April 238:00 a.m. to 5:00 p.m.
Wednesday, April 24
8:00 a.m. to 5:00 p.m.
Thursday, April 258:00 a.m. to 5:00 p.m.
Friday, April 268:00 a.m. to 5:00 p.m.
Saturday, April 278:00 a.m. to 5:00 p.m.
Monday, April 297:00 a.m. to 7:00 p.m.
Tuesday, April 307:00 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 228:00 a.m. to5:00 p.m.
Tuesday, April 238:00 a.m. to 5:00 p.m.
Wednesday, April 248:00 a.m. to 5:00 p.m.
Thursday, April 258:00 a.m. to 5:00 p.m.
Friday, April 26
8:00 a.m. to 5:00 p.m.
Saturday, April 27
7:00 a.m. to 7:00 p.m.
Sunday, April 28
11:00 a.m. to 4:00 p.m.
Monday, April 297:00 a.m. to 7:00 p.m.
Tuesday, April 307:00 a.m. to 7:00 p.m.
ORD 2019-03 Page 9 of 9
Town CouncilPage 14 of 14Meeting Date: January 28, 2019