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ORD 2009-19TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009-19 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, CALLING A BOND ELECTION FOR VARIOUS PARK PURPOSES TO BE HELD WITHIN THE TOWN IN NOVEMBER, 2009, MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND OTHER PROVISIONS RELATING THERETO; PROVIDING FOR ENGROSSMENT AND ENROLLMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club (the "Town"), hereby finds and determines that it is necessary and advisable to call and hold an election in the Town for the purpose of submitting certain propositions pertaining to the issuance of bonds for the purposes hereinafter set forth; 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 said meeting was given as required by Chapter 551, Texas Government Code, as amended; therefore, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. An election (the "Election") shall be held in and throughout the Town of Trophy Club, on Tuesday, November 3, 2009, which date being not less than sixty-two (62) nor more than ninety (90) days from the date of this Ordinance, is a uniform election date as defined in the Texas Election Code, as amended (the "Code"). At the Election the following proposition (the "Proposition") shall be submitted: Proposition No. 1 "Shall the Town Council of the Town of Trophy Club, be authorized to issue general obligation bonds of the Town in the amount of $5,000,000 for the purpose of providing funds for permanent public improvements, to wit: acquiring, developing, renovating and improving parks and open spaces for park and recreation purposes in and for the Town, including the acquisition of land therefor; said bonds to mature serially over a period of not to exceed forty (40) years from their date, to be issued in such installments and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the Town Council under laws in effect at the time of issuance, Ordinance 2009-19 and to provide for the payment of the principal of and interest on said bonds by levying a tax sufficient to pay the annual interest on and to create a sinking fund sufficient to redeem said bonds as they become due?" Section 2. the Election. All resident, qualified voters of the Town shall be eligible to vote at Section 3. The Election shall be conducted in accordance with the Code under the jurisdiction of the Denton County Elections Department (the "Elections Administrator") pursuant to an Election Services Contract (the "Contract") by and among Denton County Elections Department ("DCED"), the Town and other participating entities, if any, described in the Contract. The Town Manager or the Town Manager's designee is authorized to amend or supplement the Contract to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Elections Administrator. Section 4. The voting precincts for the Election are hereby designated to be those municipal voting precincts identified by their respective county precinct numbers set forth in Exhibit A, hereto and incorporated by reference for all purposes; provided, however, such times and locations set for on Exhibit A may be changed if so directed by the Elections Administrator without further action of the Town Council. The Elections Administrator is 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 the date of the Election. Section 5. Compensation for election judges and alternate judges for their service in the Election shall be determined by the Elections Administrator. Section 6. E-slate, a Direct Record Electronic (DRE) System shall be used for early voting by personal appearance, and in the November 3, 2009 election. Paper ballots, which are optically scanned, shall be used for early voting by mail. In the November 3, 2009 election, the 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 said 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. E-Slate, a Direct Record Electronic (DRE) System shall be provided and used at each polling location on Election Day .. Section 7. The Proposition shall be set forth substantially in the following form, so as to permit the voters to vote "FOR" or "AGAINST" the Proposition, which shall be set forth on the ballots in substantially the following form: PROPOSITION NO.1 -2- Ordinance 2009-19 D D FOR AGAINST THE ISSUANCE OF $5,000,000 GENERAL OBLIGATION BONDS FOR PARK, OPEN SPACE AND RECREATION IMPROVEMENTS AND LAND ACQUISITION THEREFOR, AND THE LEVYING OF A TAX IN PAYMENT THEREOF. Section 8. The Elections Administrator, Don Alexander, is hereby appointed as 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, 401 West Hickory, Denton, Texas 76201, Denton, Texas 75207. 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 B hereto. The main early voting polling place is hereby designated to be Joseph A. Carroll County Administration Building, 401 West Hickory, Denton, Texas 76201. 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 B 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. In addition to the early voting polling locations located within the Town, Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Section 9. Early voting by personal appearance shall be conducted at the times, on the dates and at the locations designated on Exhibit B hereto. Section 10. 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 11. The holding of the Election shall be in compliance with the Code except as modified by other applicable provisions of law. Section 12. 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. Section 13. 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 at three (3) other public places within the Town not less than twenty-one (21) days prior to the date of the Election, and by publication of said notice on the same day in each of - 3 - Ordinance 2009-19 two (2) successive weeks in a newspaper of general circulation published within the Town, the date of the first 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. The Mayor and the Town Secretary of the Town, in consultation with the Town Attomey and bond counsel, 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 15. 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 16. 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 17. 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 August 2009. M~yor, Connie White Town of Trophy Club, Texas ~ST: k C:;/~ori IJ/} ~ "'Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: ~bJ C{£l[tdr;t/11. LJ/ own Attomey Town of Trophy Club, Texas -4- Ordinance 2009-19 , PRESEN;rED, FINALLY PASSED AND AP(i0VED, AND, EFFECTIVE on the +. day ofj:tU"-',ri;C ,2009, by a vote of ayes anct/_ nays at a regular meeting of the TowM Council of the Town of Trophy Club Mayor ATTEST: ') Q Po. iL</laf;(, Town Secret ry [SEAL] APPROVED AS TO FORM: MLlr~ Town Attorney Signatllre Pagef{;r Ordinal7ce Calling Electiol7 US 36550v.l EXHIBIT A ELECTION DAY POLLING LOCATIONS FOR TUESDAY, NOVEMBER 3,2009 BOND ELECTION (Polls shall be open from 7:00 a.m. to 7:00 p.m.) LOCATION PRECINCT NO. Trophy Club MUD 100 Municipal Drive, Trophy Club 400,401 (Denton County) Roanoke Community Center 413 (Denton County) 312 S. Walnut, Roanoke (Tarrant County) A-J US 36550v.1 EXHIBIT B EARLY VOTING LOCATIONS & HOURS FOR GENERAL ELECTION NOVEMBER 3, 2009 Early Voting Locations Dates and Times Steven Everett Co(;!eland Government Lewisville Munici(;!al Annex Center 1197 W. Main Street, Lewisville 1400 FM 424, Cross Roads Justin Munici(;!al Building Carrollton Public Librarv 415 N. College, Justin 4220 N. Josey, Carrollton Jose(;!h A. Carroll Admin. Building Frankford Town Homes 401 W. Hickory, Denton 18110 Marsh Ln., Dallas North Texas State Fair Grounds -Fair Flower Mound Police and Court Hall Building 2217 N Carroll Blvd., Denton 4150 Kirkpatrick, Flower Mound Highland Village City Hall Lake Dallas City Hall 1000 Highland Village Rd., Highland Village 212 Main Street, Lake Dallas Friendshi(;! Ba(;!tist Church Sanger First Ba(;!tist Church 4396 Main, The Colony 708 S. 5IFi St., Sanger Mondav -Fridav October 19 -23 8:00a -5:00p Mondav -Wednesday October 26 -28 8:00a -5:00p Thursday -Friday October 29 -30 7:00a -7:00p Tem(;!orarv Branch Locations Frisco Lakes Amenities Center Monday -Wednesday 8:00a -5:00p 7277 Frisco Lakes Dr., Frisco October 26 -28 Thursday -Friday 7:00a -7:00p October 29 -30 A-2 us 36550v.l Roanoke Community Center Monday -Tuesday 1 :OOp -5:00p 312 S. Walnut, Roanoke October 19-20 Thursday -Friday 1 :OOp -5:00p October 22-23 Monday -Tuesday 1 :OOp -5:00p October 26-27 Thursday -Friday 1 :OOp -5:00p October 29-30 Tro!;!hll Club MUD Thursday -Friday 7:00a -7:00p 100 Municipal Drive, Trophy Club October 29 -30 A-3 US 36550v. J