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ORD 2003-24TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2003-24 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A SPECIAL ELECTION PURSUANT TO THE TEXAS ALCOHOLIC BEVERAGE CODE TO BE HELD ON FEBRUARY 7, 2004, SPECIFICALLY, A LOCAL OPTION ELECTION FOR THE PURPOSE OF LEGALIZING THE SALE OF ALCOHOLIC BEVERAGES AS SET OUT IN THE ISSUE RECITED IN THE APPLICATION AND PETITION RECEIVED BY THE TOWN OF TROPHY CLUB, TEXAS; TO WIT, (1) APPLICATION FOR LOCAL OPTION ELECTION TO LEGALIZE THE SALE OF BEER AND WINE FOR OFF - PREMISE CONSUMPTION ONLY AND (2) APPLICATION FOR LOCAL OPTION ELECTION TO LEGALIZE THE SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY; 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 PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, On October 21, 2003, the Town of Trophy Club, Texas was presented with two petitions for a Local Option Election to Legalize (1) the sale of beer and wine for off - premise consumption only and (2) the sale of mixed beverages in restaurants by food and beverage certificate holders only; and WHEREAS, The petition received by the Town conformed with the requirements of the Texas Alcoholic Beverage Code; and WHEREAS, The Texas Alcoholic Beverage Code requires the Town to call an election after receipt and verification of such petitions to legalize; and WHEREAS, The Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 61" day before election day; and WHEREAS, By the passage of this Ordinance, it is the intention of the Town Council to call the election on the issues presented in the petitions to legalize certain sales of alcohol, to designate a polling place for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Page 1 of 6 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 Special Election (the "Election") shall be held in and throughout the Town of Trophy Club on Saturday, February 7, 2004, at which the following will be on the ballot: [ ] For THE LEGAL SALE OF BEER AND WINE FOR OFF -PREMISE [ ] Against CONSUMPTION ONLY [ ] For THE LEGAL SALE OF MIXED BEVERAGES IN RESTAURANTS [ ] Against BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY SECTION 3 PURPOSE OF ELECTION The purpose of such Election is to vote for or against two separate issues, to wit: to legalize: (1) The sale of beer and wine for off -premise consumption only; (2) The sale of mixed beverages in restaurants by food and beverage certificate holders only". SECTION 4 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 the Trophy Club Municipal Building, 100 Municipal Drive, Trophy Club, Texas. In accordance with the Texas Election Code, such 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 5 APPOINTMENT OF A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE/EARLY VOTING JUDGE The following named individuals, residing at the respective addresses, are hereby appointed to serve as Election Judge and Alternate Election Judge/Early Voting Judge, respectively, at the Election: Election Judge Annette "Pepper" Slusar 15 Riviera Court Page 2 of 6 Trophy Club, Texas 76262 Alternate Election Judge/Early Voting Judge Judy Williams 215 Phoenix Trophy Club, Texas 76262 All Election Judges shall be qualified voters of the Town. The Town Secretary shall, in accordance with the Texas Election Code, deliver to the Presiding Election Judge and the Alternate Presiding Election Judge/ Early Voting Judge notice of their appointment not later than twenty (20) days from the effective date of this Ordinance. SECTION 6 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. The Alternate Election Judge shall serve as the Early Voting Judge. All election clerks shall be qualified voters of the Town. SECTION 7 COMPENSATION OF THEJUDGE 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/Early Voting 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. Election Clerks shall be compensated at the rate of seven dollars ($7.00) per hour for election day and for 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 Texas Election Code. SECTION S 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 system 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 or against: (1) the legal sale of beer and wine for off premise consumption only; and (2) the legal sale of mixed beverages in restaurants by food and beverage certificate holders only. Page 3 o r 6 SECTION 9 GOVERNING LAW; QUALIFIED VOTERS The Election shall be held in accordance with the Constitution of the State of Texas, the Texas Alcoholic Beverage Code, and the Texas Election 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 14 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 such 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 such 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 Texas Election Code. In addition, a copy of the notice shall also be filed with the Town Secretary at least twenty-one (2 1) days before the Election. SECTION 11 EARLY VOTING Early voting by personal appearance shall be conducted by the Town Secretary, who is hereby appointed the Early Voting Clerk, at 100 Municipal Drive, Trophy Club, Texas_ For the period of early voting for the election as permitted by law, the Early Voting Clerk shall keep such office open Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., commencing on Wednesday, January 21, 2004 and terminating on Tuesday, February 3, 2004, and such office shall be open on Saturday, January 31, 2004, between the hours of 8:00 a.m. and 12 noon. 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 December 9, 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 January 30, 2004. 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. The Early ballots shall be canvassed by the Early Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge/Early Voting 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. Pale 4 of 6 SECTION 12 DELIVERY OF RETURNS Pursuant to the Texas Election 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 Presiding 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 Texas Election Code. SECTION 13 CANVASSING OF RETURNS In accordance with the Texas Election Code, the Town Council shall convene on February 16, 2004 at 7:00 p.m. to canvass the returns of the Election. SECTION 14 NECESSARY ACTIONS 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 all other applicable laws in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 15 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 16 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 17 PUBLICATION Pale 5 of 6 The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 18 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 in the minutes of the Town Council and by filing this Ordinance in the Ordinance records of the Town. SECTION 19 EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication in accordance with law. AND IT IS SO ORDAINED PASSED AND APPROVED by the Town Council of the day of December, 2003. / .. Town of Tro�h� Club, Texas ATTES . C� T Ory Town Secretary Cr Town of Trophy Club, Texas a [SEAL] ,\g 011"C• M." M 962 1 •1114U WL Town Attorney Town of Trophy Club, Texas Page 6 of 6 , Texas this I"