ORD 2010-14TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010-14
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
CANVASSING THE RETURNS, INCLUDING THE RETURNS OF EARLY
VOTING BALLOTS CAST IN CONNECTION THEREWITH, AND
DECLARING THE RESULTS OF THE JOINT GENERAL AND SPECIAL
ELECTION HELD ON MAY 8, 2010 AS SUCH RETURNS RELATE TO
THE ELECTION OF ONE (1) COUNCIL MEMBER FOR PLACE #3 FOR
A TWO (2) YEAR TERM AND ONE (1) COUNCIL MEMBER FOR PLACE
#4 FOR A TWO (2) YEAR TERM AND ONE (1) COUNCIL MEMBER
FOR PLACE #5 FOR A THREE (3) YEAR TERM TO THE TOWN OF
TROPHY CLUB TOWN COUNCIL; ORDERING AND CALLING A
SPECIAL ELECTION FOR THE PURPOSE OF ELECTING ONE (1)
COUNCIL MEMBER TO SERVE A ONE (1) YEAR TERM IN ORDER TO
COMPLETE THE REMAINDER OF THE TERM OF OFFICE FOR PLACE
#2 CREATED BY A VACANCY IN PLACE #2 ON THE TROPHY CLUB
TOWN COUNCIL; AND ORDERING AND CALLING A SPECIAL
ELECTION WITH A COMBINED BALLOT PURSUANT TO SECTION
321.409 OF THE TEXAS TAX CODE TO DETERMINE WHETHER THE
CITIZENS DESIRE TO REAUTHORIZE THE LOCAL SALES AND USE
TAX IN THE TOWN OF TROPHY CLUB AT THE RATE OF ONE
FOURTH OF ONE PERCENT (0.25%) TO CONTINUE PROVIDING
REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL
STREETS; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR THE CONFIRMATION OF VOTE TABULATIONS;
IDENTIFYING THE OFFICIALS ELECTED AND TERMS OF OFFICE;
AUTHORIZING THE ISSUANCE OF CERTIFICATES OF ELECTION;
AUTHORIZING THE ISSUANCE OF THE CANVASS OF THE JOINT
GENERAL AND SPECIAL ELECTION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on February 15, 2010, the Town Council of the Town of Trophy
Club, Texas (the "Town") passed and approved Ordinance No. 2010-05, which
ordinance was subsequently amended and supplemented by Ordinance No. 2010-05-A,
which ordinances cumulatively ordered a Joint General and Special Election of the
Town of Trophy Club, Texas, for the purpose of electing one (1) Council member for
Place #3 for a two (2) year term and one (1) Council member for Place #4 for a two (2)
year term and one (1) Council member for Place #5 for a three (3) year term to the
Town of Trophy Club Town Council ; and to elect one (1) Council member for Place #2
for a one (1) year term in order to complete the remainder of the term of office for Place
#2 created by a vacancy on the Trophy Club Town Council; and to hold an election with
a combined ballot pursuant to Section 321.409 of the Texas Tax Code to determine
whether the citizens desire to reauthorize the local sales and use tax in the Town of
Ord . 2010-14 (File 102010-259)
..
Trophy Club at the rate of Y-a of one percent (.25) to provide revenue for maintenance
and repair of municipal streets; and
WHEREAS, the appropriate authority of the Town heretofore caused to be
posted and published, in accordance with the e,lection laws of the State of Texas, notice
of the Joint General and Special Election; and
WHEREAS, the Joint General and Special Election was duly and legally held on
May 8, 2010, in the Town and in conformity with the election laws of the State of Texas,
and the results of the Joint General and Special Ellection, including the early voting
results, have been certified and returned to the proper judges and clerks thereof; and
WHEREAS, the official returns of the presiding judges of the Joint General and
Special Election, including the returns of early voting ballots in connection therewith,
and as such returns are related to the election of one (1) Council member for Place #3
for a two (2) year term, one (1) Council member for Place #4 for a two (2) year term ,
one (1) Council member for Place #5 for a three (3) year term to the Town of Trophy
Club Town Council; and to elect one (1) Council member for Place #2 for a one (1) year
term in order to comp,lete the remainder of the term of office for Place #2 created by a
vacancy on the Trophy Club Town Council; and to the reauthorization of a local sales
and use tax in the Town of Trophy Club at the rate of Y-a of one percent (.25) to provide
revenue for maintenance and repair of municipal streets have been presented to the
Town Council acting in its capacity as the Canvassing Board; and
WHEREAS, the Town Council has considered the returns of the Joint General
and Special Election, including the returns of early voting ballots in connection
therewith, and as such returns are related to the election of one (1) Council member for
Place #3 for a two (2) year term, one (1) Council member for Place #4 for a two (2) year
term , one (1) Council member for Place #5 for a three (3) year term to the Town of
Trophy Club Town Council; and to elect one (1) Council member for Place #2 for a one
(1) year term in order to complete the remainder of the term of office for Place #2
created by a vacancy on the Trophy Club Town Council; and to the reauthorization of a
local sales and use tax in the Town of Trophy Club at the rate of Y-a of one percent (.25)
to provide revenue for maintenance and repair of municipal streets; and
WHEREAS, the returns of the Joint General and Special Election, including the
returns of early voting ballots, duly and legally made, showed that there were cast at the
Election the following valid and legal votes:
ELECTION
TOTAL EARLY
VOTING
VOTES CAST
(including mail
ballots)
TOTAL VOTES
CAST AT POLL
ON ELECTION DAY
TOTAL VOTES
CAST
General/JoinUSpecial
Election 796 514 1310
Ord . 2010-14 (File ID 2010-259) 2
; and
WHEREAS, the returns of the Joint General Election, including the returns of the
early voting ballots, duly and legally made, showed that each of the candidates for the
office of Council Member for Place #3, for the office of Council Member for Place #4,
and for the office of Council Member for Place #5 on the Town of Trophy Club Town
Council, received the following votes:
TOWN OF TROPHY CLUB ONE COUNCIL MEMBER FOR PLACE 3
FOR TWO (2) YEAR TERM
NAME OF
CANDIDATE
TOTAL NUMBER
OF EARLY VOTING
VOTES RECEIVED
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
TOTAL NUMBER
OF VOTES
RECEIVED
Susan Edstrom 321 237 558
Margi Cantrell 422 246 668
TOWN OF TROPHY CLUB ONE COUNCIL MEMBER FOR PLACE 4
FOR TWO (2) YEAR TERM
NAME OF
CANDIDATE
TOTAL NUMBER
OF EARLY VOTING
VOTES RECEIVED
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
TOTAL NUMBER
OF VOTES
RECEIVED
Karen M. Passiak 307 199 506
Larry Hoover 348 212 560
TOWN OF TROPHY CLUB ONE COUNCIL MEMBER FOR PLACE 5
FOR THREE (3) YEAR TERM
NAME OF
CANDIDATE
TOTAL NUMBER
OF EARLY VOTING
VOTES RECEIVED
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
TOTAL NUMBER
OF VOTES
RECEIVED
Glenn Strother 490 324 814
WHEREAS, pursuant to the Home Rule Charter, the candidate for election to
each Place on the Council who receives a majority of all votes cast for all the
candidates for such Place at the election shall be declared elected; and
Ord. 2010-14 (File 10 2010-259) 3
WHEREAS, the returns of the Special Election, including the returns of the early
voting ballots, duly and legally made, showed that each of the candidates for the office
of Council Member for Place #2 on the Town of Trophy Club Town Council received the
following votes:
TOWN OF TROPHY CLUB ONE COUNCIL MEMBER FOR PLACE 2
FOR ONE (1) YEAR UNEXPIRED TERM
NAME OF
CANDIDATE
TOTAL NUMBER
OF EARLY VOTING
VOTES RECEIVED
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
TOTAL NUMBER
OF VOTES
RECEIVED
Michael Zerger 65 49 114
J.D. Stotts 440 260 700
Bob Radder 149 95 244
WHEREAS, pursuant to the Home Rule Charter, the candidate for election to
each Place on the Council who receives a majority of all votes cast for all the
candidates for such Place at the election shall be declared e 'lected; and
WHEREAS, the returns of the Special Election on a measure, including the
returns of the early voting ballots, duly and legally made, showed that Proposition One
to reauthorize a local sales and use tax in the Town at a rate of one-fourth of one
percent (0.25%) to continue providing revenue for maintenance and repair of municipal
streets, received the following votes:
FOR THE ADOPTION OF PROPOSITION ONE
AGAINST THE ADOPTION OF PROPOSITION ONE
The reauthorization of the local sales
and use tax in the Town of Trophy Club
at the rate of one-fourth of one percent
(0.25%) to continue providing revenue
for maintenance and repair of
municipal streets.
TOTAL
NUMBER OF
EARLY
VOTING
VOTES
RECEIVED
TOTAL
NUMBER OF
VOTES
RECEIVED
AT POLL ON
ELECTION
DAY
TOTAL
NUMBER OF
VOTES
RECEIVED
For 579 366 945
Against 145 88 233
WHEREAS, pursuant to State Law, if a majority of the qualified voters voting on
a proposed measure vote in favor thereof, such measure shall become effective in
accordance with law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
Ord. 2010-14 (File ID 2010-259) 4
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Incorporation of Premises. The above and foregoing premises are
true and correct and are incorporated into the body of this Ordinance and made a part
hereof for all purposes .
Section 2 . Confirmation of Vote Tabulations. The results of the Joint General
and Special Election as related to the election of one (1) Council Member to Place #2
for a one (1) year term to fill a vacancy on the Trophy Club Town Council , the election of
one (1) Council Member to Place #3 for a two (2) year term on the Trophy Club Town
Council, the election of one (1) Council Member to Place #4 for a two (2) year term on
the Trophy Club Town Council , and the election of one (1) Council Member to Place #5
for a three (3) year term on the Trophy Club Town Council, and as canvassed and
tabulated above , reflect the expressed desires of the resident , qualified voters of the
Town .
Section 3 . Elected Officials; Terms of Office . In accordance with the canvass
and tabulation of the results of the Joint General and Special Election, the duly elected
Council Members elected on May 8, 2010, and the corresponding terms of office,
subject to the taking of the oaths of office as required by State Law, are as follows:
OFFICE TERM NAME
Council Member Place 2 One (1) Year J.D . Stotts
Council Member Place 3 Two (2) Years Margi Cantrell
Council Member Place 4 Two (2) Years Larry Hoover
Council member Place 5 Three (3) Years Glenn Strother
Section 4 . Issuance of Certificates of Election . The Mayor is hereby
authorized and directed to execute and deliver Certificates of Election to the successful
candidates elected at the Joint General and Special Election, as specified in Section 3
hereof.
Section 5. Proposition One -Reauthorization of Sales and Use Tax for Road
Maintenance and Repair. In accordance with the canvass and tabulation of the results
of the Special Election, the reauthorization of the local sales and use tax in the Town of
Trophy Club at a rate of one-fourth of one percent (0.25%) to continue providing
revenue for maintenance and repair of municipal streets was approved by a majority of
qualified voters by a vote of 945 in favor to 233 opposed.
Section 6. Implementation of Tax. In accordance with the Texas Tax Code, the
Town shall notify the State Comptroller of the results of the Special Election and shall
comply with all other legal requirements necessary to effect the reauthorization of the
Ord. 2010-14 (File 102010-259) 5
tax.
Section 7. Issuance of Canvass of General Election. The Mayor is hereby
authorized and directed to execute and deliver the Canvass of the Joint General and
Special Election, a copy of which is attached hereto as Exhibit "A", in accordance with
the election laws of the State of Texas, and to take all other action necessary in
connection therewith.
Section 8. Engrossment and Enrollment. The Town Secretary of the Town of
Trophy Club is hereby directed to engross and enroll this Ordinance by copying the
Caption and Effective Date in the minutes of the Town Council and by filing this
Ordinance in the ordinance records of the Town and shall notlify the State Comptroller of
the results of the election on the measure reauthorizing the local sales and use tax in
the Town of Trophy Club at the rate of one-fourth of one percent (0.25%) to continue
providing revenue for maintenance and repair of municipal streets ..
Section 9. Effective Date. This Ordinance shall take effect from and after its
date of passage in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 1ih day of May, 2010.
Town of Trophy Club, Texas
Effective May17,2010
Date:
ATTEST:
own Secretary, Lisa Hennek
Town of Trophy Club, Texas
APPROVED AS TO FORM:
own Attorney, Patricia Adams
Town of Trophy Club, Texas
Ord. 2010-14 (File 102010-259) 6
EXHIBIT "A"
TOWN OF TROPHY CLUB, TEXAS
CANVASS OF JOINT GENERAL AND SPECIAL ELECTION
I, the undersigned Mayor of the Town· of Trophy Club, Texas, and Presiding
Officer of the Canvassing Authority of the Town, met on 17'h day of May, 2010 with the
Town Council of the Town, sitting as the Canvassing Board to canvass the returns of
the Joint General and Special Election held on May 10 , 2010, at the Trophy Club Town
Hall Building, 100 Municipal Drive, Trophy Club, Texas, as such returns related to the
election of one (1) Council Member to Place #2 for a one (1) year term to fill a vacancy
on the Trophy Club Town Council, the election of one (1) Council Member to Place #3
for a two (2) year term on the Trophy Club Town Council, the election of one (1) Council
Member to Place #4 for a two (2) year term on the Trophy Club Town Council, and the
election of one (1) Council Member to Place #5 for a three (3) year term on the Trophy
Club Town Council, and as such returns related to the election on a measure,
Proposition One, which reauthorized a local sales and use tax in the Town at a rate of
one-fourth of one percent (0.25%) to continue providing revenue for maintenance and
repair of municipal streets.
I DO HEREBY CERTIFY that the figures on the tally sheets hereto attached as
Exhibit "A-1" correspond with the figures on the returns.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the Town of Trophy Club, Texas to be affixed hereto, this 17'h day of May, 2010.
(Seal)
Mayor and Presiding Officer of the Canvassing
Authority Trophy Club, Texas
Ord. 2010-14 (File 10 2010-259) 7