Loading...
ORD 1999-14TOWN OF TROPHY CLUB, TEV=kS ORDINANCE NO. 1999- 14 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CALLING AN ELECTION FOR THE PURPOSE OF CONSIDERING WHETHER TO APPROVE A CHARTER, WHICH WOULD GIVE HOME RULE STATUS TO THE TOWN; PROVIDING FOR NOTICE TO QUALIFIED VOTERS; DESIGNATING A POLLING PLACE WITHIN THE TOWN; APPOINTING A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; APPOINTING CLERICS; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCTION OF SAID 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, pursuant to Section 9.001 of the Texas Local Government Code and Article 11, Section. S of the Texas Constitution, the Town of Trophy Club, Texas (the "Town') is authorized to adopt or amend a municipal charter; and WHEREAS, a Charter Commission (the "Commission") was formed pursuant to Section 9.002 of the Texas Local Government Code to frame a Home Rule Charter (the "Charter"); and WHEREAS, the Commission has completed its wort: and submitted the Charter to the Town; and WHEREAS, the Commission and the Town Council find that it is impracticable to separate each subject so as to permit a vote of "yes" or "no" on the same, for the reason that the Charter is so constructed that in order to enable it to work and function, it is necessary that it should be adopted in its entirety; and WHEREAS, the Town Council desires to and hereby adopts this Ordinance calling an election for the purpose of submitting to the voters of the Town the question whether to approve the Charter. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1 ELECTION ORDERED; PROPOSITIONS The statements made in the foregoing preamble being true and correct and being adopted hereby as findings of fact, an election (the "Election") shall be held in and duoughout the Town on Saturday, HOME RULE CHARTER PAGE I S:ISHAREILAW_WP\TIFfANY\Trophy C€ub\0RD[NANC\H0HIERULE.0RD August 14, 1999, such date beim; a uniform election date as defined in Section 41.001 of the Texas Election Code (the "Code"). Pursuant to Section 9.003 of the Local Government Code, said Election shall occur on or after the fortieth (40th) day after the date the Commission completed its work. At the Election the following proposition shall be submitted to a vote of the qualified voters of the Town: Shall the Home Rule Charter be approved? SECTION 2 ELECTION NOTICE Not Iess than thirty (30) days prior to the Election, the Town Council shall cause the Town Secretary to mail a copy of the Charter to each qualified voter of the Town as appears from the latest certified list of registered voters. SECTION 3 ELECTION PRECINCT, POLLING PLACE: ELECTION HOURS The entire Town 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 4 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 76162 Alternate Presiding Election Judge Judy Williams 215 Phoenix Drive Trophy Club, Texas 76162 HOME RULE CHARTER PAGE S:ISHAREILAW-WPITIFFANY1Traphy CiuhldRfl[NANC1Ha1v1ERULE,oRd All Election Judges shall be qualified voters of the Town. The Town Secretary shall. in accordance with Section 32.009 ofthe Code, deliver to the Presiding Election Judge and the Alternate Presiding Election Judge notice oftheir appointment not later than twenty (20) days from the effective date of this Ordinance. SECTION APPOINTMENT OF CLERKS The Presiding 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 Election Clerks. All EIection Clerks shall be qualified voters of the Town. SECTION 6 COMPENSATION The Presiding Election Judge, Alternate Presiding Election Judge, 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 $25.00 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 7 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 Code and in so doing shall permit the voter to vote whether or not to approve the home rule charter. SECTION 8 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 9 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 HOME RULE CHARTER PAGE 3 s:1sHA€2EILAW_WPITIFFANMrophy CIuIORDINANOHOMERULE.ORD 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 Ieast 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 (33 0) days prior to the date set for the EIection. 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. SECTION 10 EARLY VOTING Early voting by personal appearance shall be conducted by the Town Secretary, who is hereby appointed the Early Voting Cleric, 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 and/or national holidays, between the hours of 5:00 a.m. and 5:00 p.m., commencing on July 28, 1999 and terminating on August 10, 1999. Early voting on a Saturday or 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 CIerk at the same address not earlier than June 16, 1999 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 August 1% 1999.p�� Early voting, both by personal appearance and by mail, shall permit the voters to vote whether or not to approve the home rule charter. The early voting ballots shall be canvassed by the Early Ballot Board, which is hereby created. The Presiding Election Judge and the AIternate 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 11 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 in accordance with the Code. HOIN[E RULE CHARTER PACK d SASHAREILAW_WPITIFFANYITropliy ClubkORDWANOHOlNERULE.ORD SECTION 12 CANVASSING OF RETURNS In accordance with Section 66.051 of the Code, the Town Council of the Town shall convene on August 17, 1999 at 7:00 p.m., to canvass the returns of the Election. SECTION 13 NECESSARY ACTIONS 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 14 CUlbIULATIVE This Ordinance shall be cumulative of all provisions of Ordinances of the Town, 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 It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, phrases, clauses, and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause, or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 16 - ENGROSSMENT AND ENROLLMENT The Town Secretary is hereby directed to engross and enroll this Ordinance by copying the Caption and the Effective Date clause in the minutes of the Town Council and by filing this Ordinance in the Ordinance records of the Town. HOME RULE CHARTER PACE S s:ISHARE\LAW_WPITIFFANYMoFhy CIu61ORDtNANCMOMERULE-ORD SECTION 17 PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish in the official newspaper of the Town of Trophy Club, the caption and effective date clause of this Ordinance for two (2) days as required by Section 52.011 of the Texas Local Government Code. SECTION 18 EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as provided by law. AND IT IS SO ORDAINED PASSED AND APPROVED by a vote of 4 ATTES Diane Cockrell Town Secretan [SEAL] to Q this 15 r6th day of June, 1999. Marshall Engelbeck Mayor HOME RULE CHARTER s:lsl-IAREILAW_WPITIFFANY1Trophy C1ub\0RDINANC\H0N1LRULE.0RD PAGE 6 APPROVED AS TO LEGAL FORM: Tiffany L ae ing Town Attomey HOME RULE CHARTER 5:15HAREILAW_WPITIFFANY\Trophy CluMORDINANCIHOMERULE.ORD PAGE 7