ORD 2002-13TOWN OF TROPHY CLUB
ORDINANCE NO. 2002 —13
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, CALLING A TAX BOND ELECTION TO BE
HELD ON MAY 4, 2002, FOR THE ISSUANCE OF BONDS TO
CONSTRUCT, IMPROVE AND EQUIP A MUNICIPAL PARK AND
SWIMMING POOL 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
ACTION; PROVIDING PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, this Town Council of the Town of Trophy Club, Texas (the "Town) deems
it advisable to call the tax bond election hereinafter ordered and in accordance with law;
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;
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;
WHEREAS, Section 83.005 of the Texas Election Code provides that the City Secretary
shall serve as the Early Voting Cleric in Municipal Elections;
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;
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.
WHEREAS, it is hereby officially found and detennined that holding the hereinafter
called election is in the public interest; and that said meeting was open to the public, and public
notice of the time, place, and purpose of said meeting was given, all as required by Texas
Government Code, Chapter 551.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
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
That an election shall be held on Saturday, May 4, 2002, throughout the Town of Trophy
Club, Texas.
SECTION 3.
PURPOSE OF ELECTION
That the purpose of such election is to submit to the citizens a proposition for the
following:
Shall the Town Council of said Town be authorized to issue the bonds of said
Town, in one or more series or issues, in the aggregate principal amount of
$1,400,000.00, with the bonds of each such series or issue, respectively, to mature
serially within not to exceed 21 years from their date, and to be sold at such prices
and bear interest at such rates as shall be determined within the discretion of the
Town Council for the purpose to construct, improve and equip a Municipal Park
and Swimming Pool, and shall said Town Couricil be authorized to levy and cause
to be assessed and collected annual ad valorem taxes in an amount sufficient to
pay the annual interest on said bonds and provide a sinking fund to pay said bonds
at maturity?
The official ballots for such election shall be prepared in accordance with the Texas
Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid
PROPOSITION, with the ballots to contain such provisions, markings and language as required
by law, and with such PROPOSITION to be expressed substantially as follows:
PROPOSITION
FOR
THE ISSUANCE OF $1,400,000.00 TAX BONDS
TO -WIT: TO CONSTRUCT, IMPROVE AND
EQUIP A MUNICIPAL PARK AND SWIlVIMING
POOL
AGAINST
SECTION 4.
POLLING PLACE AND HOURS
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 5.
PRESIDING AND 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 Chub, 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 EIection Code, deI.iver 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 6.
APPOINTMENT OF CLERKS
That the Presiding Judges shall appoint not less than two (2) nor more than six (6)
qualified election clerks to serve and assist in conducting said election; provided that if the
Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such
clerks. All election clerics shall be qualified voters of the Town.
SECTION 7.
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 and no/100 dollars ($9.00) per hour on election day and seven
and no/100 dollars ($7.00) per hour for services performed as an election cleric during the early
voting period. The Alternate Election Judge shall be compensated at the rate of eight and no/100
dollars ($8.00) per hour on election day and seven and no/100 dollars ($7.00) per hour for
services performed as an election cleric during the early voting period. Election Clerics shall be
compensated at the rate of seven and no/100 dollars ($7.00) per hour for election day and for the
early voting period. The Election Judge or Cleric 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 twenty-five and no/100 dollars ($25.00) for delivering such materials. Any
payment referred to in this Section shall not exceed the maximurn amoruits set forth in Sections
32.091 and 32.092 of the Texas Election Code.
SECTION S.
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 the election. Election inaterials shall be printed in both English and Spanish for use at the
polling place and for early voting for the Election.
SECTION 9.
EARLY VOTING
That early voting shall be conducted by personal appearance and by mail at the Trophy
Club Municipal Building, 100 Municipal Drive, Trophy Club, Texas, and during the period early
voting is required or permitted by law, Early Voting Cleric shall keep such office open Monday
through Friday, between the hours of 8:00 a.m. and 5:00 p.m., and Saturday, April 27, 2002,
between the hours of 8:00 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. The Town Secretary is hereby appointed the Early Voting Cleric.
Application for early voting by mail shall be delivered to the Early Voting Clerk at the
same address not earlier than March 5, 2002, and not later than the close of regular business in
the Early Voting Cleric'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. An
Early Voting Ballot Board is hereby created to process early voting results, and the Presiding
Judge and Alternate Presiding Judge appointed herein shall act as the Presiding Officer and
Alternate Presiding Officer, respectively for the Early Voting Ballot Board. The presiding judge
shall appoint at least two other members of the board.
SECTION 10.
POSTING OF NOTICE AND PUBLICATION
Notice of this Election shall be given by posting a Notice of Election in both English and
Spanish. Notice of said Election shall be given by posting a substantial copy of this Ordinance at
the Town Hall on the bulletin board used for posting notices of the meetings of the Town
Council, and at three other places in said Town, not less than twenty-one (21) days prior to the
date set for said election. The Notice of Election shall be published on the same day in each of
two successive weeps in a newspaper of general circulation published in said Town, the date of
the first publication to be not earlier than the 30th day or later than the 14th day prior to the date
set for said election, in accordance with §4.003 of the Texas Election Code and 51251.003 of the
Texas Government Code. Upon publication of the Notice of Election, the Town Secretary shall
secure a publisher's affidavit which complies with the requirements of the Texas Election Code.
SECTION 11.
DELIVERY OF RETURNS
Election returns shall be delivered, and all records and supplies shall be preserved by the
Town Secretary in accordance with the Texas Election Code and any other applicable law.
SECTION 12.
CANVASSING OF RETURNS
In 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. Such
canvassing of returns shall be conducted in accordance with all applicable law.
SECTION 13.
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 14.
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 15.
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 16.
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 17.
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 18.
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
this 18°i day of March, 2002.
ATTEST:
Town Secretary
Town of Trophy Chub, Texas
[SEAL]
ofth.6 Town
of
Club, Texas
Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas