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ORD 1996-06TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 2 j�� AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS CANVASSING THE RETURNS, INCLUDING THE RETURNS OF EARLY VOTING BALLOTS CAST IN CONNECTION THEREWITH, AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 4, 1996, FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS FOR TWO (2) YEAR TERMS EACH, AND THE SALES AND USE TAX ELECTION IN ACCORDANCE WITH SECTION 4B OF THE DEVELOPMENT CORPORATION ACT OF 1979 (ART. 5190.6, V.T.C.S.) HELD ON MAY 4,1996; AUTHORIZING ISSUANCE OF CERTIFICATES OF ELECTION WITH RESPECT TO THE GENERAL ELECTION OF OFFICERS; AUTHORIZING ISSUANCE OF CANVASS OF GENERAL ELECTION AND THE SALES AND USE TAX ELECTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 13, 1996, the Town Council of the Town of Trophy Club, Texas (the "Town") passed and approved Ordinance No. 96-01, which Ordinance ordered a general election (the "General Election") to be held on May 4, 1996, for the purpose of electing three (3) council members for two (2) years terms each; and WHEREAS, on February 13, 1996 the Town Council also passed and approved Ordinance No. 96-02 calling an election for the purpose of submitting a proposition pertaining to the levy and collection of a one-half of one percent sales and use tax to be used for certain purposes pursuant to and in accordance with Section 4B, Article 5190.6, V.T.C.S., as amended (the Development Corporation Act of 1979); and WHEREAS, the appropriate authority of the Town has heretofore caused to be posted and published, in accordance with the election laws of the State of Texas, notices of the General Election and of the Sales and Use Tax Election; and WHEREAS, the General Election and the Sales and Use Tax Election were duly and legally held on May 4, 1996 in the Town and in conformity with the election laws of the State, and the results of the General Election and Sales and Use Tax Election, including the early voting results, have been certified and returned by the proper judges and clerics thereof; and WHEREAS, the Town Secretary, acting as general custodian of the election records, presented the official returns of the presiding judges of the General Election and the Sales and Use Tax Election, including the returns of early voting ballots cast in connection therewith, to the Town Council acting in its capacity as the Canvassing Board; and -1- DOC #: 368901 WHEREAS, the Town Council has considered the returns of the General Election and the Sales and Use Tax Election, including the return of early voting ballots cast in connection therewith; and WHEREAS, the returns of the General Election and the Sales and Use Tax Election, including the returns of early voting ballots, duly and legally made, showed that there were cast at the respective Election the following total valid and legal votes: ELECTION GENERAL MUNICIPAL ELECTION TOTAL EARLY VOTING VOTES CAST 131 SALES AND USE TAX ELECTION 131 and TOTAL VOTES CAST AT POLL ON ELECTION DAY 619 603 TOTAL VOTES CAST 750 734 WHEREAS, the returns of the General Election, including the returns of the early voting ballots, duly and legally made, showed that each candidate received the following votes: THREE COUNCIL MEMBERS FOR TWO Q YEAR TERMS EACH NAME OF CANDIDATE Marshall Engelbeck Patti Stoltz Edwin Decker Frank E. (Gene) Hill Doyle Krauss Susan H. McCabe Riley Mills Write -Ins DOC #: 368901 11101 Ir.11 NTS OF VOTES TOTAL NUMBER RECEIVED OF EARLY VOTING AT POLL ON TOTAL NUMBER OF VOTES RECEIVED ELECTION DAY VOTES RECEIVED Exhibit C Exhibit C -z- 282 276 277 336 147 Exhibit C and WHEREAS, pursuant to State law, in order to be declared elected, a candidate must receive the highest number of votes of the entire Town cast for the office for which such person is a candidate; and WHEREAS, the returns of the Sales and Use Tax Election, including the returns of the early voting ballots, duly and legally made, showed that the following votes were cast for and against the proposition set forth in the ballot: THE ADOPTION OF A SALES AND USE TAX WITHIN THE TOWN OF TROPHY CLUB, TEXAS AT THE RATE OF ONE- HALF OF ONE PERCENT TO BE USED FOR LAND, BUILDINGS, EQUIPMENT, FACILITIES AND IMPROVEMENTS REQUIRED OR SUITABLE FOR USE FOR SPORTS, ATHLETIC, ENTERTAINMENT, TOURIST, CONVENTION, PUBLIC PARK AND GENERAL MUNICIPALPURPOSES AND EVENTS, AND THE PROMOTION AND DEVELOPMENT OF NEW OR EXPANDED BUSINESS ENTERPRISES, AS AUTHORIZED BY SECTION 4B OF ARTICLE 5190.6, VERNOWS TEXAS CIVIL STATUTES, AS AMENDED (THE DEVELOPMENT CORPORATION ACT OF 1979); AND MAINTENANCE AND OPERATING COSTS ASSOCIATED WITH ANY OF THE ABOVE PROJECTS THAT ARE PUBLICLY OWNED AND OPERATED. FOR AGAINST It TOTAL NUMBER OF EARLY VOTING VOTES RECEIVED TOTAL NUMBER OF VOTES RECEIVED AT POLL ON ELECTION DAY TOTAL NUMBER OF VOTES RECEIVED 441 293 WHEREAS, Section 4B(d) of article S 190.6, V . T. C . S , , provides that the sales and use tax described in Section 413 may be levied if authorized by a majority of the qualified voters of the Town voting for the tax. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of Premises. The above and foregoing premises are true and correct and are incorporated into the body of this Ordinance and made a part hereof for all purposes. -3- DOC #: 36MI Section 2. Confirmation of Vote Tabulations. The results of the General Election and the Sales and Use Tax Election, as canvassed and tabulated above, reflect the expressed desires of the resident, qualified voters of the Town. Section 3. Elected Officials: Terms of Office. In accordance with the canvass and tabulation of the results of the General Election, the duly elected Council Members elected on May 4, 1995 and the corresponding terms of office, subject to the taking of the oaths of office as requires by State law, are as follows: OFFICE TERM Council Member Two (2) Years Council Member Two (2) Years Council Member Two (2) Years NAME Marshall Enaelbech_ Susan H. McCabe Ed Decker Section 4. Issuance of Certificates of Election. The Mayor is hereby authorized and directed to execute and deliver Certificates of Election to the successful candidates elected at the General Election, as specified in Section 3 hereof. Section 5. Sales and Use Tax Election. In accordance with the canvass and tabulation of the results of the Sales and Use Tax Election, it is hereby found and declared that a sales and use tax at the rate of one-half of one percent (1 /2 of 1 %) as described in the Election ballot proposition and as further set forth in Ordinance No. 9 6 - o lcalling the said Election has been pa ss_e d_ __ _ by the qualified voters of the Town voting at the said Election. Section 6. Issuance of Canvass of General _Election and Sales and Use Tax Election. The Mayor is hereby authorized and directed to execute and deliver the Canvass of the General Election and the Sales and Use Tax Election, copies of which are attached hereto as Exhibits A and B, respectively, in accordance with the election laws of the State of Texas, and to take all other action necessary in connection therewith. Section 7. Effective Date. This Ordinance shall take effect from and after its date of passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 7th day of May, 199 6. '- ATTEST: K,S DOC #: 368901 Town Secretary, Town of Trophy Club, Texas APPROVED AS TO FORM: o tt ey, Town o Trophy Club, Texas -S- BOC M 368901 EXHIBIT "A" TOWN OF TROPHY CLUB, TEXAS CANVASS OF GENERAL ELECTION I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding Officer of the Canvassing Authority of the Town, met on May 7, 1996 with the Town Council of the Town, sitting as the canvassing board to canvass the returns of the General Election held on May 4, 1996, at the Trophy Club Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas. I DO HEREBY CERTIFY that the figures on the tally sheets correspond with the figures on the returns. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Trophy Club, Texas to be affixed hereto, this the 7th day of May, 1996. [SEAL] or and Presiding�fficer of the Canvassing Authority Town of Trophy Club, Texas DOC #: 369901 TOWN OF TROPHY CLUB, TEXAS CANVASS OF SALES AND USE TAX ELECTION I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding Officer of the Canvassing Authority of the Town, met on May 7, 1996 with the Town Council of the Town, sitting as the canvassing board to canvass the returns of the Sales and Use Tax Election held on May 4, 1996, at the Trophy Club Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas. I DO HEREBY CERTIFY that the figures on the tally sheets correspond with the figures on the returns. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Trophy Club, Texas to be affixed hereto, this the 7th day of May, 1996. [SEAL] Wor and Presidi"fficer of the Canvassing Auth rity Town of Trophy Club, Texas DOC !l: 369901 EXHIBIT C WRITE-IN VOTES THREE COUNCIL MEMBERS FOR TWO (2) YEAR TERMS OF OFFICE EACH TOTAL NUMBER OF EARLY VOTING TOTAL NUMBER OF VOTES RECEIVED AT POLL ON NAME OF CANDIDATE VOTES RECEIVED ELECTION DAY DOC #: 368901 TOTAL NUMBER OF VOTES RECEIVED