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ORD 2002-08TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2002-08 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT GENERAL ELECTION BETWEEN THE TOWN OF TROPHY CLUB, TROPHY CLUB MUNICIPAL UTILITY DISTRICT #1, AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT #2, TO BE HELD ON MAY 4, 2002, FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS FOR TWO (2) YEAR TERMS EACH TO THE TOWN COUNCIL, FOR ELECTING THREE (3) DIRECTORS TO THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT #1 FOR FOUR (4) YEAR TERMS EACH, AND FOR ELECTING TWO (2) DIRECTORS TO THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT #2 FOR FOUR (4) YEAR TERMS EACH; 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 JOINT ELECTION AGREEMENT; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001(a)(2) of the Texas Election 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 Joint General Election for the purpose of electing three (3) Council Members for two (2) year terms each to the Town of Trophy Club Town Council, for electing three (3) Directors for four (4) year terms each to the Trophy Club Municipal Utility District #1, and for electing two (2) Directors for four (4) year terms each to the Trophy Club Municipal Utility District #2; 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 EIection 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 Q:ITOWNSI C\Pending Ordinanceslelectian 2002 accepted3-012102,doc - I - 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; and WHEREAS, Section 271.002 of the Texas Election Code provides that the governing bodies of two or more political subdivisions may enter into an agreement to hold a joint election if the elections ordered by the authorities of the subdivisions are to be held on the same day in all or part of the same territory and can be served by common polling places. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE 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 Joint General Election (the "Election") shall be held in and throughout the Town of Trophy Club and the Trophy Club Municipal Utility Districts on Saturday, May 4, 2002. SECTION 3 PURPOSE OF ELECTION The purpose of such Joint General Election is to elect three (3) Council Members for two (2) year terms each to the Town of Trophy Club Town Council, to elect three (3) Directors for four (4) year terms each to the Trophy Club Municipal Utility District #I, and to elect two (2) Directors for four (4) year terms each to the Trophy Club Municipal Utility District #2. 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 immediately preceding the date of the regular filing deadline for the candidate's application for a candidate whose name is to appear on the generral election ballot, or the date of the election at which the candidate's name is written in for a write in candidate. Additional requirements are as follows: Q:ITOWNSECWending Ord inanceslelectian_00 � 7 — accepted3-O l � t 0�.doc - � _ �— A. Council Member: Pursuant to Section 141.001 of the Texas Election Code, a candidate for the office of Council Member must also have resided continuously 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. Pursuant to Texas Local Government Code Section 22.032, a person must also be a registered voter to be eligible for the office of Council Member. B. Municipal Utility District Directors: (1) Must own land subject to taxation in the district for which they are filing; or (2) Must have a current voter registration certificate. (3) Must not otherwise be disqualified from serving as a member of the Board of a Municipal Utility District pursuant to Section 49.052 of the Texas Water Code, as amended. 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 haeme that person's name printed upon the official ballot as a candidate for the office hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than February 18, 2002, and not later than 5:00 p.m. on March 20, 2002- Each such application shall be on a form as prescribed by the Texas Election 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 Texas Election Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094(c)(d) of the Texas Election 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 1, 2002. The runoff election shall be held in accordance with the Texas Election 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 Q:ITOWNSECTending Ordinanceslelection 2002 accepted3-012102.doc �� -3- �_..._ 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 Section 41.031(a) of 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 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 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 Texas Election 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. 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 AIternate Election Judge shall be compensated at the rate of eight dollars ($5.00) 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 Q:ITOWNSEOPeWing OrdinancesVection 2002 accepted3-012102.doc -4 _ 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 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 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 three (3) Town of Trophy Club Council Members and three (3) Directors to the Trophy Club Municipal Utility District #1, OR three (3) Town of Trophy Club Council Members and two (2) Directors to the Trophy Club Municipal Utility District #2, depending upon the municipal utility district in which the voter resides. No elector shall vote for more than three (3) Town of Trophy Club Council Members. No elector shall vote for more than three (3) Directors to the Trophy Club Municipal Utility District #1. No elector shall vote for more than two (2) Directors to the Trophy Club Municipal Utility District #2. SECTION 12 GOVERNING LAW; QUALIFIED VOTERS The Election shall be held in accordance with the Constitution of the State of Texas and the Texas Election Code, and all resident, qualified electors of the Town shall be eligible to vote at thelclection. 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 Iess 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 thereto, a copy of the notice shall also be filed with the Town Secretary at least twenty-one (21) days before the Election. SECTION 14 EARLY VOTING QATOWNSECTending Ordinanceslelection 2002 accepted3-012102.doc - S _ 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 early voting for the election is permitted by law, the Early Voting Clerk shall keep such office open Monday through Friday, between the hours of 5:00 a.m. and 5:00 p.m., and Saturday, April 27, 2002, between the hours of 5:00 a.m. and 12 noon, commencing on Wednesday, April 17, 2002 and terminating on Tuesday, April 30, 2002. 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 CIerk at the same address not earlier than March 5, 2002 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 26, 2002. 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 three (3) Town of Trophy Club Council Members for a two (2) year term and three (3) Directors to Trophy Club Municipal Utility District #1 for a four (4) year term, OR three (3) Town of Trophy Club Council Members for a two (2) year term and two (2) Directors to Trophy Club Municipal Utility District #2 for a four (4) year term, depending upon the municipal utility district in which the voter resides. 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 56.051 of 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 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 16 CANVASSING OF RETURNS fn accordance with Section 67.003(2) of the Texas Election Code, the Town Council shall convene on May 10, 2002 at 8:00 a.m. to canvass the returns of the Election. Trophy Club Municipal District #1 and Trophy Club Municipal District #2 shall convene at appropriately posted meetings to canvass their respective returns. _ -6- Q:ITOWN5EC1PendinG Drdinanceslelection 2002 accepted3-Ot2t02.doc SECTION 17 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 in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 18 JOINT ELECTION AGREEEMENT Section 271.002 of the Texas Election Code provides that the governing bodies of two or more political subdivisions may enter into an agreement to hold a joint election if the elections ordered by the authorities of the subdivisions are to be held on the same day in all or part of the same territory and can be served by common polling places. A copy of the Joint Election Agreement between the Town of Trophy Club, Trophy Club Municipal Utility District #1, and Trophy Club Municipal District #2, is attached hereto as Exhibit "A" and is incorporated herein. SECTION 19 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 20 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 21 PUBLICATION 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 22 Q:1TOWNSEClPending OrdinanceslelecLion 2002 accepled3-012102.doc -7- 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 23 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 Town of Trophy Club, Texas this 21" day of January, 2002. --% ,_____ C� CD ATTEST: Town Secretary Town of Trophy Cub, Texas [SEAL] EFFECTIVE DATE: January 30, 2002 APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas Q:ITOWNSEMPending Ordinanceslelection 2002 accepted3-012IO2,doe - 8 -