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ORD 1997-18ORDINANCE 97-18 Pmm"' E A IM ORDINANCE 97-20 September 16, 1997 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 97-18 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CALLING AN ELECTION FOR THE PURPOSE OF CONSIDERING WHETHER OR NOT A COMMISSION SHOULD BE FORMED TO FRAME A NEW CHARTER, WHICH CHARTER, IF APPROVED, WOULD GIVE HOME RULE STATUS TO THE TOWN, AND THE ELECTION FROM THE TOWN AT LARGE OF A CHARTER COMMISSION CONSISTING OF FIFTEEN (15) MEMBERS TO DRAFT THE CHARTER; MAKING PROVISIONS FOR THE CONDUCT OF THE SAID ELECTION AND PROVIDING FOR OTHER MATTERS RELATED THERETO; PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 15, 1997 the Town of Trophy Club, Texas received a petition requesting that the Council order an election on the question of whether or not a commission should be formed to frame a new charter, which charter, if approved, would give the Town the full power of local self government in accordance with Article 11, Section 5 of the Texas Constitution; and WHEREAS, the Town Secretary has verified that the petition submitted to the Town and presented to the Town Council contains the signatures and other information required by law from at least 10 percent of the qualified voters of the Town, as required by Section 9.002, Tex. Loc. Gov. Code; and WHEREAS, having received the verified petition and in accordance with Section 9.002 of the Local Government Code, the Town Council hereby adopts this Ordinance calling an election for the purpose of (i) submitting to the voters of the Town the question of "Shall a commission be chosen to frame a new charter" and (ii) electing a commission comprising of 15 members to draft a new 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 throughout the Town of Trophy Club, Texas, on Tuesday, November 4, 1997, such date being a uniform election date as defined in Section 41.001 of the V.T.C.A. Election Code, as amended (the "Code"). At the Election the following propositions (the "Propositions") shall be submitted to a referendum vote of the qualified voters of the Town: -1- OOC N: 521038 Propositions Proposition No. 1 Shall a commission be chosen to frame a new charter? Proposition No. 2 Shall the following persons be elected to serve as members of a commission to draft a new charter? Section 2. Eligible Voters. All resident, qualified voters of the Town shall be eligible to vote at the Election. Section 3. Election Precinct: Election Judges. The entire Town shall constitute one election precinct. The polling place where qualified voters shall cast special ballots for this special election shall be located at the Trophy Club Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas 76262. Ma„rapr Cpf Eon and pepper c, „Sal- are hereby appointed to serve as Presiding Judge and Alternate Presiding Judge, respectively, for the Election. The Presiding Judge shall appoint not less than two (2) 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 of such clerks. The voting places shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. Section 4. Election Officers. The persons named herein are hereby designated and appointed officers to conduct the Election until any replacements thereto are appointed by further order of the Town or by appointment pursuant to Section 32.007 of the Code. Election judges and clerks will be paid the maximum statutory fee for their services in the Election. Section 5. Early Voting. Early voting for this election shall begin on Monday, October 15, 1997 and shall terminate on Friday, October 31, 1997, and the hours designated for early voting by personal appearance shall be from 8:00 a.m. to 5:00 p.m. on each weekday. Early voting on a Saturday or Sunday, if any, shall be conducted in accordance with the requirements of the Code. Section 6. Early Voting by Mail. Early voting by mail shall be conducted by the Town Secretary as Early Voting Clerk in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be requested from and sent to: Ms. Karen -2- DOC N: 52103E Sadri, Town Secretary, Town of Trophy Club, 100 Municipal Drive, Trophy Club, Texas 76262. Section 7. Early Ballot Board. The Early Ballot Board is hereby created and authorized to canvass the early votes cast by mail and by personal appearance. Ma„ra2n otton is hereby appointed to serve as Presiding Judge and Pepipor 51 „Gar is hereby appointed to serve as Alternate Presiding Judge of the Early Ballot Board. The Presiding Judge shall appoint two (2) additional members of the Early Ballot Board provided that in the event the Presiding Judge actually serves, the Alternate Presiding Judge shall be one of such additional members. Section S. Paper Ballots. Voting shall be by the use of paper ballots. The preparation of the necessary equipment and official ballots for the Election shall conform to the requirements of the Code. Section 9. Ballot Propositions. The Propositions shall be set forth substantially in the following form, so as to permit the electors to vote "YES" or "NO" on the Propositions, to -wit: Section 10. Election Materials in Enelish and Spanish. The election materials enumerated in the Texas Election Code shall be printed and furnished in both English and Spanish for use at the voting places and for early voting, and provision shall be made for oral assistance to Spanish speaking voters. Section 11. Election Returns. The election officers named herein shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. Section 12. Election Notice. Substantial copies of this Resolution in both English and Spanish shall serve as notice of the Election, and said notice shall be (a) published once in a newspaper of general circulation within the Town not earlier than the 30th day, or later than the -3- DOC N: 521039 PROPOSITION NO. 1 YES SHALL A COMMISSION BE CHOSEN TO FRAME A NO NEW CHARTER? PROPOSITION NO.2 SHALL THE FOLLOWING PERSONS BE ELECTED TO YES SERVE AS MEMBERS OF A COMMISSION TO DRAFT A NEW CHARTER: NO [NAMES OF PROPOSED COMMISSION MEMBERS] Section 10. Election Materials in Enelish and Spanish. The election materials enumerated in the Texas Election Code shall be printed and furnished in both English and Spanish for use at the voting places and for early voting, and provision shall be made for oral assistance to Spanish speaking voters. Section 11. Election Returns. The election officers named herein shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. Section 12. Election Notice. Substantial copies of this Resolution in both English and Spanish shall serve as notice of the Election, and said notice shall be (a) published once in a newspaper of general circulation within the Town not earlier than the 30th day, or later than the -3- DOC N: 521039 10th day before the Election; and (b) posted not later than the 21st day before the Election on the bulletin board used for posting notices of meetings of the Town Council of the Town. Section 13. Election Held in Accordance with Law. This election shall be held and conducted in accordance with the provisions of the Code and Chapter 9 of the Texas Local Government Code. Section 14. Effective Date. This Ordinance shall be approved immediately upon passage and approval, and it is so resolved. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the ?ne day of RPj tPmhPr , 1997. _-Nlay/or, Town o Trophy Club, Texas ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town orney, Town of Trophy Club, Texas -4- DOC N: 521038