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ORD 2005-02TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2005-02 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A GENERAL ELECTION OF THE TOWN OF TROPHY CLUB, TO BE HELD ON MAY 7, 2005 FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2) COUNCIL MEMBERS FOR TWO (2) YEAR TERMS EACH TO THE TOWN COUNCIL; DESIGNATING A POLLING PLACE WITHIN THE TOWN; APPOINTING 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 A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001(a)(2) of the Texas Election Code (hereinafter the "Code") establishes the first Saturday of 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 desires to and hereby calls a General Election for the purpose of electing a Mayor and two (2) Council Members for two (2) year terms 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 45th day before election day; and WHEREAS, Section 83.005 of the Texas Election Code provides that the City Secretary shall serve as the Early Voting Clerk in Municipal Elections; and WHEREAS, Section 32.001 of the Texas Election Code provides for the appointment of a Presiding Election Judge and an Alternate Presiding Election Judge to conduct voting in each precinct where an election is held; and WHEREAS, Section 87.001 of the Texas Election Code provides for the appointment of an Early Voting Ballot Board; and WHEREAS, Section 87.002 of the Texas Election Code provides for the appointment of the Early Voting Ballot Board Judge. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF TIS TOWN OF TROPHY CLUB, TEXAS: SECTION 1 INCORPORATION 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. SECTION 2 DATE OF ELECTION It is hereby ordered that a General Election (the "Election") shall be held in and throughout the Town of Trophy Club on Saturday, May 7, 2005. SECTION 3 PURPOSE OF ELECTION The purpose of said General Election is to elect a Mayor and two (2) Council Members for two (2) year terms each. SECTION 4 ELIGIBILITY FOR CANDIDACY As set forth in Section 141.001 of the Texas Election Code and the Trophy Club Home Rule Charter, no person shall be eligible for a public elective office of this state, unless that person is a United States citizen, is at least twenty-one (21) years of age on the first day of the form to be filed or date of appointment; has not filed nor is filing to be a candidate for more than one office or position number per election; is not an employee of the Town after becoming a candidate for a Town elective office; 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; and resides and has resided within the corporate limits of the Town for at least twelve (12) months preceding the election. Additionally, pursuant to Local Government Code § 22.032, a person must be a registered voter to be eligible for the office of Mayor or Council Member. SECTION 5 APPLICATION FOR A PLACE ON THE BALLOT 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(s) hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than February 7, 2005, and not later than 5:00 p.m. on March 7, 2005. Each such application shall be on a form as prescribed by 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 2 drawing shall be given in accordance with Section 52.094(c)(d) of the Code. SECTION 6 RUNOFF ELECTION If two (2) or more candidates tie for the number of votes required to be elected, there shall be a runoff election held on June 11, 2005. The runoff election shall be held in accordance with the Code and Town of Trophy Club Charter. SECTION 7 ELECTION PRECINCT POLLING PLACE AND HOURS The corporate limits of the Town of Trophy Club, Texas shall constitute one (1) election precinct for the municipal election. The polling place for the Election shall be at the "Svore" Trophy Club Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas. In accordance with Section 41.031(a) of the Code, said polling place shall be open between the hours of 7:00 a.m. and 7:00 p.m. on the date of the Election. SECTION 8 APPOINTMENT OF A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE 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: Presiding Election Judge Annette "Pepper" Slusar 15 Riviera Court Trophy Club, Texas 76262 Alternate Presiding Election Judge Barb Tweedie 220 Oakmont Drive Trophy Club, Texas 76262 All Election Judges shall be qualified voters of the Town. The Town Secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Election Judge and the Alternate Presiding Election Judge notice of their appointment not later than twenty (20) days from the effective date of this Ordinance. SECTION 9 APPOINTMENT OF CLERKS The 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 Election Judge named herein actually serves, the Alternate Election Judge shall serve Rl as one of the clerks. All election clerks shall be qualified voters of the Town. SECTION 10 COMPENSATION OF THE JUDGE AND CLERKS As provided for in Section 32.091 of the Texas Election Code, the Election Judge shall be compensated at the rate of nine dollars ($9.00) per hour on election day and seven dollars ($7.00) per hour for services performed as an election clerk during the early voting period. The Alternate Election Judge shall be compensated at the rate of eight dollars ($8.00) per hour on election day and seven ($7.00) per hour for services performed as an election clerk during the early voting period. The Election Judge or Clerk who delivers the returns of the Election, keys to the ballot boxes or other election equipment, and unused election supplies shall also be paid the additional sum of $25.00 for delivering such materials. Any payment referred to in this Section 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 electronic ballots. Preparation of the official ballots for the Election shall conform to the requirements of the Texas Election Code, and in so doing shall permit the voter to vote for a Mayor and two (2) Council members. No elector shall vote for more than one (1) Mayor. No elector shall vote for more than two (2) Council Members. 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. Election materials shall be printed in both English and Spanish for use at the polling place and for early 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 Trophy Club Municipal Utility Districts Building, on the bulletin board or other location used for posting notices of the meetings of the Town Council not later than twenty-one (21) days prior to the date upon which the Election is to be held, and by publication of said notice at least once in a newspaper published in the Town or if none, then in a newspaper of general circulation within the Town, the date of said publication to be not less than ten (10) days nor more than thirty (30) days prior to the date set for 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. In addition thereto, a copy of the notice shall also be filed with the Town Secretary at 4 least twenty-one (21) days before the Election. SECTION 14 EARLY VOTING Early voting by personal appearance shall be conducted by the Town Secretary, who is hereby appointed the Early Voting Cleric, at the "Svore" Trophy Club Municipal Utility District 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 Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., and Saturday April 30, 20053, between the hours of 8:00 a.m. and 12 noon, commencing on Wednesday, April 20, 2005 and terminating on Tuesday, May 3, 2005. Early voting will not be conducted on any other Saturday, or on any Sunday or official State and/or national holiday during the period of early voting. Application for early voting by mail shall be delivered to the Early Voting Clerk at the same address not earlier than March 8, 2005, and not later than the close of regular business in the Early Voting Clerk's office or 12:00 p.m., whichever is later, on April 29, 2005. Early voting, both by personal appearance and by mail, shall be by use of electronic system ballots, which ballots shall conform to the requirements of the Texas Election Code, and in so doing shall permit the voters to vote for one (1) Mayor for a two (2) year term and two (2) Council members for a two (2) year term. The Early ballots shall be canvassed by the Early Ballot Board, which is hereby created. The Election Judge and the Alternate 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 Pursuant to 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 four (A) copies of the returns. The returns shall be delivered as follows: one copy shall be retained by the Election Judge, one copy shall be delivered to the Mayor of Trophy Club, one copy shall be delivered to the voter registrar, one copy (along with ballot boxes and 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 Section 67.003(2) of the Code, the Town Council shall convene on May 16, 2005, to canvass the returns or the Election. SECTION 17 NECESSARY ACTIONS 5 The Mayor, Town Council, and Town staff, 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 Texas Election Code and Town Charter in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 18 CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of Ordinances of the Town of Trophy Club, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 19 SEVERABILITY CLAUSE 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 20 ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact caption and Effective date clause in the minutes of the Town Council and by filing this Ordinance in the Ordinance records of the Town. SECTION 21 PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish in one issue of the official newspaper of the Town of Trophy Club, the caption and effective date clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 22 EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication in accordance with law. 2 PASSED AND APPROVED by the Town Coyndil of the Town�of Trophy Club, Texas this 7th day of February 2005. Town Se Town of [SEAL] Club, Texas APPROVED AS TO FORM: of Town Attorney Town of Trophy Club, Texas Club, Texas