ORD 2003-01TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2003-01
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 3, 2003 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 THE
TOWN OF TROPHY CLUB, TEXAS:
Ord 2003-01 GENERAL ELECTION -MAY
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 3, 2003.
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, no person shall be eligible for
a public elective office of this state, unless that person is a United States citizen, at least 18 years
of age on the first day of the term to be filled at the Election, 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 and in the municipality for
six 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. 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, and must meet the extended residency requirement
for the office of Mayor by residing within the municipal limits for at least the 12 months
preceding the election day.
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 17, 2003, and not later than 5:00 p.m. on March 19, 2003. 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
drawing shall be given in accordance with Section 52.094(c)(d) of the Code.
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Ord 2003-01 GENERAL ELECTION -MAY
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 7, 2003. The runoff election shall be held in accordance
with the Code.
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
Maureen Cotton
538 Timber Ridge Drice
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
as one of the clerks. All election clerks shall be qualified voters of the Town.
Ord 2003-01 GENERAL ELECTION -MAY
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; OUALIFIED 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
least twenty-one (2 1) days before the Election.
Ord 2003-01 GENERAL ELECTION -MAY
SECTION 14
EARLY VOTING
Early voting by personal appearance shall be conducted by the Town Secretary, who is
hereby appointed the Early Voting Clerk, 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 26, 2003, between the hours
of 8:00 a.m. and 12 noon, commencing on Wednesday, April 16, 2003 and terminating on
Tuesday, April 29, 2003. Early voting will not be conducted on Good Friday, April 18, 2003.
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 4, 2003, 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 25, 2003.
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 (4) 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 6, 2003, at 4:00 p.m. to canvass the returns of the Election.
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Ord 2003-01 GENERAL ELECTION -MAY
PASSED AND APPROVED by the Town
this 3rd clay of February 2003, f
of
ATT T:
Town Se etary
Town of Trophy Club, Texas,
[SEAL] 0
APPROVED AS TO FOi21yl:_
Town Attorney v f
Town of Trophy Club, Texas
GENERAL ELECTION -MAY -020303
of the Town of Trophy Club, Texas
Club, Texas