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ORD 1999-03TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 1999-03 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CALLING A GENERAL ELECTION TO BE HELD ON MAY 1, 1999, FOR THE PURPOSE OF ELECTING A MAYOR FOR A TWO (2) YEAR TERM, AND TWO (2) COUNCIL MEMBERS FOR TWO (2) YEAR TER -NIS EACH FOR SAID TOWN; DESIGNATING A POLLING PLACE WITHIN SAID TOWN; APPOINTING PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code, as amended (the "Code") specifies that the first Saturday in May shall be a "uniform election date" and that a general election of a town may be held on such day; and WHEREAS, the Town Council of the Town of Trophy Club, Texas (hereinafter referred to as the "Town"), has determined that the Town shall conduct its general municipal election on the first Saturday in May, 1999; and WHEREAS, the Town Council desires to and hereby calls a general election for the purpose of electing a mayor for the term of two (2) years; and WHEREAS, the Town Council desires to and hereby calls a general election for the purpose of electing two (2) persons to the office ofCouncilmember for two (2) years terms each. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of Premises. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copies in their entirety. Section 2. Election Date: Puipose of Election: Officers and Terms of Office. That a general election shall be held in and throughout the Town on Saturday, May 1, 1999, for the purpose of electing the following officers: A Mayor for a two (2) year term and two (2) Council Members for two (2) year terms each. Section 3. Eligibility for Candidacy. In accordance with State law, no person shall be eligible for the office of Mayor or Council Member unless that person is a United States -1- Docummi #: 677350 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, is a qualified voter of the Town, (i) in the case of the office of Mayor, has resided in the Town for at least twelve (12) months preceding election day, or (ii) in the case of the office of Councilmember, has resided in the Town for at least six (6) months prior to the date of the regular filing deadline for a candidate's application for a place on the ballot. Section 4. Application for a place on the „Ballot. In accordance with Section 143.007 of the Code, any eligible and qualified person may have his/her name printed upon the official ballot as a candidate for the offices hereinbefore set forth by filing his/her sworn application with the Town Secretary not earlier than February 15, 1999, and not later than 5:00 p.m. March 17, 1999. Each such application shall be on a form as prescribed by section 141.031 of 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 the Code. Section 5. Runoff Election. If two or more candidates for a particular office tie for the number of votes required to be elected, there shall be a runoff election held on June 5, 1999. The runoff election shall be held in accordance with the Code. Section 6. Election Precinct: Polling PIace- Election Hours. The entire Town of Trophy Club, Texas, shall constitute one (1) election precinct for the election, and the polling place is hereby designated to be Trophy Club Municipal Utility Districts Building, 100 Municipal Drive, Trophy Club, Texas. In accordance with and pursuant to the requirements of the Code, said polling place shall be open from 7:00 a.m. to 7:00 p.m. on the date of the election. Section 7. Appointment of a Presiding Election Judge and an Alternate Presiding Election Judge; Qualifications to Serve as Election Judge; Confirmation of Appointment; Notice of Appointment. The appointment of the Presiding Election Judges and Alternate Presiding Judge and Alternate Presiding Election Judge; Qualification to serve as Election Judge; Confirmation of Appointments; Notice of Appointments. 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: Name: Pepper Slusar Address: 15 Riviera Court Trophy Club, Texas 76262 Alternate Presiding Election JudEe: Name: Judy Williams Address: 215 Phoenix 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 Election code, deliver to the Presiding Election Judge Document 4: 677350 notice of her appointment not later than twenty (20) days from the effective date of this Ordinance. Section S. Appointment of Clerks. The Presiding 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 Presiding Judge named herein actually serves as expected, the Alternate Presiding Judge shall be one (1) of such clerks. All election clerics shall be qualified voters of the Town. Section 9. Compensation of Election Judges and Election Clerics. The Presiding Election Judge, Alternate Presiding .budge, and each Election Clerk shall be compensated at the rate of $6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judge shall also be paid the additional sum of 525.00 for delivering the returns of the election. Such payments shall not exceed the maximum amounts set forth in Sections 32.091 and 32.092 of the Code. Section 10. 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 this Code, and in so doing shall permit the voter to vote for a Mayor for a term of two years, two (2) Councilrnembers for two (2) year terms each. No elector shall vote for more than one (1) candidate for Mayor for a two year term. No elector shall vote for more than two (2) candidates for Councilmembers for two (2) year terms each. Section 11. Governing Law, Qualified 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. In addition, the election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling place and for early voting for the election. Section 12. Publication and P6stiniz of Notice. Notice of the election shall be given by posting a notice of election in both English and Spanish at the Town Hall, Trophy Club, Texas at the bulletin board or other location used for posting notices of the meetings of the Town Council not less 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 of general circulation published 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. 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. Upon publication of the election notice, the Town Secretary shall secure a publisher's affidavit which complies with the requirements of the Code. Section 13. Earlv Voting. Early voting by personal appearance shall be conducted by the Town Secretary, who is hereby appointed the Early Voting Clerk, at the Municipal Center, 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 for early voting by personal appearance during regular hours on each day except Saturday, Sunday, and official State -3- Do urnmt 4: 677350 holidays, which hours shall be from 8:00 a.m. to 5:00 p.m., commencing on Wednesday, April 14, 1999, and terminating on April 27, 1999. Early voting on Saturday, April 24, 1999 shall be conducted from 8:00 a.m. to 12:00 p.m. Early voting on Sunday, if any, shall be conducted in accordance with the requirements of the Code. Applications for early voting by mail shall be delivered to the Early Voting Clerk at the same address not earlier than March 2, 1999, and not later than the close of business on April 23, 1999. Early voting, both by personal appearance and by mail, shall permit the voters to vote for a Mayor for a term of two (2) years and two (2) Councilmembers for two (2) year terns each. No elector shall vote for more than one (1) candidate for Mayor for a term of two (2) years. No elector shall vote for more than two (2) candidates for Councilmember for two (2) year terms each. The early voting ballots shall be canvassed by the Early Ballot Board, which is hereby created. The Presiding 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 14. Delivery of Returns; Preservation of Election Records. In accordance with 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 and deliver the returns of the election in quadruplicate as follows: one copy shall be retained by the Presiding Election Judge, one copy shall be delivered to the Mayor of the Town, one copy shall be delivered to the voter registrar, and one copy of the returns, together with all ballot boxes, if any, and all 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 15. Canvassing of Returns. The Town Council of the Town shall convene on May 4, 1999, at 7:00 o'clock p.m., to canvass the returns of the election. Section 16. Necessary Action. The Mayor, Town Manager, and the Town Secretary of the Town, 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 Code in carrying out and conducting the election, whether or not expressly authorized herein. Section 17. Effective Date. This Ordinance shall be in force and effect from and after its passage and it is accordingly so ordained. -4- Do UMM P: 677350 PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, this 16th day of February , 1999. ATTEST: Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: (� L L a Town Attorney Town of Trophy Club, Texas -5- D"MnE 0: 677350 Mayor Pro Tem _ Town of Trophy Club, Texas