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ORD 1997-20TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 9 7 _ z 0 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; REPEALING ORDINANCE NO. 97-18 ; PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 15, 1997 the Town of Trophy Club, Texas, a municipality with greater than 5,000 inhabitants, 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- DOC #: 521039 Propositions Proposition No. 1 Shall a commission be chosen to frame a new charter? Proposition No. 2 Shall the persons listed below, beside whose name I have placed an "X", 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. Eligibility for Candidacy. No person shall be eligible to serve as a member of the charter commission or to file as a candidate for election to the charter commission unless that person: (i) is a United States citizen, (ii) is at least 18 years of age on the day of the election, (iii) has not been determined mentally incompetent by a final judgment of a court, (iv) has not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities, (v) is a qualified voter of the Town, and (vi) has resided in the Town for at least six (6) months prior to the date of the election. Section 4. Application for a Place on the Ballot. Any eligible and qualified person may have that person's name printed upon the official ballot as a candidate for the charter commission by filing the person's sworn application with the Town Secretary not later than 5:00 P.M. on October 3, 1997. Each such application shall be on a form as prescribed by the Town. 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 conducted in the same manner as provided for in the drawing of names of candidates for election to the Council as described in Section 52.094 of the Code. Notice of the time and place for such drawing shall be given in the same manner as the Code prescribes for notice of the drawing of names of candidates for election to the Council. On the filing of an application for write-in candidacy with the Town Secretary, the Town Secretary shall promptly review the application to determine whether it complies with the requirements stated herein. If the application does not comply, the Town Secretary shall reject the application and deliver to the applicant written notice of the reason for the rejection. Section 5. Write -In Candidates. A person may file a declaration of write-in candidacy for membership to the charter commission. Such declaration shall be filed with the Town Secretary not later than 5:00 P.M. on October 3, 1997. A declaration of write-in candidacy is considered to be filed at the time of its receipt by the Town Secretary. Each such application shall be on a form as prescribed by the Town. No person shall be eligible to file a declaration of write-in candidacy unless that person meets the requirements of Section 3 hereof. Applications for write-in candidates shall be handled in accordance with the following: -2- DOC N: 521038 A. On the filing of an application for write-in candidacy with the Town Secretary, the Town Secretary shall promptly review the application to determine whether it complies with the requirements stated herein. If the application does not comply, the Town Secretary shall reject the application and deliver to the applicant written notice of the reason for the rejection. B. The Town Secretary shall certify in writing the name of each write-in candidate. An applicant for write-in candidacy may not be certified for placement on the list if the information on the applicant's declaration of write-in candidacy, or information in public records, indicates that the applicant does not meet the requirements for service on the charter commission as set forth herein. C. The Town Secretary shall make a list containing the names of each write-in candidate which has been certified by the Town Secretary. Each name must appear in the form in which it is certified. D. The order in which the names of the write-in candidates are to be printed on the write-in list shall be determined by a drawing by the Town Secretary conducted in the same manner as provided for in the drawing of names of candidates for election to the Council as described in Section 52.094 of the Code. Notice of the time and place for such drawing shall be given in the same manner as the Code prescribes for notice of the drawing of names of candidates for election to the Council. E. A write-in candidate's name may not appear more than once on the list. F. Copies of the list shall be distributed to the counting officers in the election for use in counting write-in votes. G. Copies of the list shall be distributed to each presiding election judge with the other election supplies. A copy of the list shall be posted in each polling place at each place where an instruction poster is required to be posted. Section 6. Plurality Vote: Tie Vote. In the election of persons to serve on a commission to frame a new charter, the persons to serve on the commission shall be the fifteen (15) candidates who receive the highest number of votes. In the event of a tie in the number of votes cast for persons to serve on the charter commission, a procedure shall be established to break the tie by the casting of lots. The Mayor of the Town shall supervise and control the casting of lots. Section 7. 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. Afanreen no .ton and PenDer slusar 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 -3- DOC #: 521038 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 8. 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 9. Early Votine. Early voting for this election shall begin on Monday, October 20, 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 10. Early Voting by Mail. Early voting by mail shall be conducted by the Town Secretary as Early Voting Cleric in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be requested from and sent to: Ms. Karen Sadri, Town Secretary, Town of Trophy Club, 100 Municipal Drive, Trophy Club, Texas 76262. Section 11. Early Ballot Board. The Early Ballot Board is hereby created and authorized to canvass the early votes cast by mail and by personal appearance. Maureen Cotton is hereby appointed to serve as Presiding Judge and Pepper Slusar 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 12. 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. -4- DOC A: 521038 Section 13. Ballot Propositions. The Propositions shall be set forth substantially in the following form, to -wit: DYES PROPOSITION NO.1 SHALL A COMMISSION BE CHOSEN TO FRAME A NEW NO CHARTER? PROPOSITION NO.2 VOTE FOR CHARTER COMMISSION INSTRUCTION: A charter commission to draft a new charter is to be elected. The charter commission will include 15 persons only. Vote for the candidates of your choice to serve on the commission to draft a new charter by placing an "X" in the square beside the candidate's name, or you may write in the name of a write-in candidate in the space(s) provided and place an "X" beside the name of the write-in candidate; in any event, do not vote for more than 15 candidates: [Names of other candidates] Section 14. Election Materials in English 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 15. 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 16. 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 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. -5- DOC N: 521038 Section 17. 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 18. Repealer. Ordinance No. 97-1.R of the Town is hereby repealed; provided, however, that that part of Ordinance No. 97--i i3 calling a home rule charter and charter commission election for November 4, 1997 is not repealed hereby. Section 19. Effective Date. This Ordinance shall be approved immediately upon passage and approval, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the lath day of SPDF.Pmb , 1997. (L ----Mayor, Town oftrophy Club, Texas F546=110 Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: �'� -- a Town orney, Town of Trophy Club, Texas -6- Doc 8: 521038