ORD 2015-02TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2015-02
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 9, 2015 FOR THE PURPOSE OF ELECTING
ONE (1) COUNCIL MEMBER FOR PLACE #3 AND ONE COUNCIL
MEMBER FOR PLACE #4 TO THE TOWN COUNCIL EACH FOR A
TERM OF THREE (3) YEARS; 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 THE JOINT
GENERAL 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 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 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) Council member for Place #3 and one (1)
Council member for Place #4 for a three (3) year term each; 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
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, the 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 9, 2015 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.
ORD 2015-02 Page 2 of 11
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 (collectively the "Election") shall be
held in and throughout the Town of Trophy Club on Saturday, May 9, 2015 using a
combined ballot.
SECTION 3.
PURPOSE OF ELECTION
General Election. The purpose of the joint General Election is to elect one (1) Council
member for Place #3 and one (1) Council member for Place #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, 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,
ORD 2015-02 Page 3 of 11
(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.
SECTION 5.
APPLICATION FOR A PLACE ON THE BALLOT
General Election. For the purpose of the May 9, 2015 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 28, 2015 and not later than 5:00 p.m. on February
27, 2015. 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 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 13, 2015.
SECTION 7.
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.
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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.
SECTION 8.
ELECTIONS ADMINISTRATION
8.1 Denton County. The Denton County Elections Administrator, Lannie Noble, 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.
8.2 Tarrant County. The Tarrant County Elections Administrator, Frank Phillips, 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.
ORD 2015-02 Page 5 of 11
SECTION 9.
COMPENSATION
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 -state, a Direct Record Electronic (DRE) System shall
be used for early voting by personal appearance, and in the May 9, 2015 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 9, 2015 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 10.
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 11.
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 12.
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.
ORD 2015-02 Page 6 of 11
SECTION 13.
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 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.
SECTION 14.
CANVASS OF ELECTION
Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass
the election not earlier than May 12, 2015 and not later than May 20, 2015. 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 15.
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 16.
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 17.
ELECTION CONTRACTS
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 9, 2015 Election to
the extent required for the Election to be conducted in an efficient and legal manner as
ORD 2015-02 Page 7 of 11
determined by the Denton County and/or Tarrant County Elections Administrator. Upon
approval by the Town Council, a joint election agreement between the Town and the
Denton County Elections Department 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 Department shall be incorporated herein by
reference as Exhibit "B".
SECTION 18.
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 19.
EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption.
PASSED AND APPROVED by the
Texas this 10th day of February, 2015.
ATTEST:
Holly Fir
Town of
O
.s, Town Secretary
phy Club, Texas
Town Council of the Town of Trophy Club,
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
APPROVED AS TO FORM:
P(I t A 10 Aa'd.OA&Q J
Patricia A. Adams, own Attorney
Town of Trophy Club, Texas
ORD 2015-02 Page 8 of 11
EXHIBIT A
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY
Incorporated By Reference
ORD 2015-02 Page 9 of 11
EXHIBIT B
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY
Incorporated By Reference
ORD 2015-02 Page 10 of 11
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.
NOTICE FOR EARLY VOTING
Denton County
Early voting by personal appearance will be conducted at:
100 Municipal Drive on the following:
Monday, April 27
8:00 a.m. — 5:00 p.m.
Tuesday, April 28
8:00 a.m. — 5:00 p.m.
Wednesday, April 29
8:00 a.m. — 5:00 p.m.
Thursday, April 30
8:00 a.m. — 5:00 p.m.
Friday, May 1
8:00 a.m. — 5:00 p.m.
Saturday, May 2
8:00 a.m. — 5:00 p.m.
Monday, May 4
7:00 a.m. — 7:00 p.m.
Tuesday, May 5
7:00 a.m. — 7:00 p.m.
Tarrant County
Early voting by personal appearance will be conducted at:
Locations designated by Tarrant County:
Monday, April 27
8:00 a.m. — 5:00 p.m.
Tuesday, April 28
8:00 a.m. — 5:00 p.m.
Wednesday, April 29
8:00 a.m. — 5:00 p.m.
Thursday, April 30
8:00 a.m. — 5:00 p.m.
Friday, May 1
8:00 a.m. — 5:00 p.m.
Saturday, May 2
7:00 a.m. — 7:00 p.m.
Sunday, May 3
11:00 a.m. — 4:00 p.m.
Monday, May 4
7:00 a.m. — 7:00 p.m.
Tuesday, May 5
7:00 a.m. — 7:00 p.m.
ORD 2015-02 Page 11 of 11