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ORD 2014-02• ' E! iM151 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT GENERAL AND SPECIAL ELECTION FOR THE TOWN OF TROPHY CLUB ("TOWN") TO BE HELD ON MAY 10, 2014 FOR THE PURPOSE OF ELECTING ONE (1) MAYOR FOR A THREE (3) YEAR TERM AND TWO (2) COUNCIL MEMBERS FOR PLACE #1 AND PLACE #2 TO THE TOWN COUNCIL FOR A THREE (3) YEAR TERM EACH; ORDERING AND CALLING A SPECIAL ELECTION FOR THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER FOR PLACE #3 TO THE TOWN COUNCIL TO FILL THE REMAINDER OF AN UNEXPIRED TERM OF OFFICE OF PLACE #3 CREATED BY A VACANCY (TERM EXPIRING MAY, 2015); AND ORDERING AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE RESIDENT QUALIFIED VOTERS OF THE TOWN OF TROPHY CLUB A PROPOSITION RELATING TO THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX AT THE RATE OF ONE-FOURTH OF ONE PERCENT (0.25) IN ORDER TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS FOR A SPECIFIED PERIOD; PROVIDING FOR THE INCORPORATION OF PREMISES; SPECIFYING THE DATE OF ELECTION; SPECIFYING THE PURPOSE OF THE ELECTION; SPECIFYING ELIGIBILITY FOR CANDIDACY; PROVIDING FOR AN APPLICATION FOR A PLACE ON THE BALLOT FOR BOTH THE JOINT GENERAL AND SPECIAL ELECTION; PROVIDING FOR A RUNOFF ELECTION; PROVIDING FOR THE APPOINTMENT OF A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING FOR ADMINISTRATION OF A JOINT ELECTION BY BOTH TARRANT COUNTY AND DENTON COUNTY; PROVIDING AN AGREEMENT WITH DENTON COUNTY AND AUTHORIZING AN AGREEMENT WITH TARRANT COUNTY FOR ADMINISTRATION OF THE ELECTION; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 (a)(2) of the Texas Election Code (hereinafter the "Code") establishes the second Saturday in May as a Uniform Election Date for the purposes of conducting a General or Special Election; and WHEREAS, Section 3.004 of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a General or Special Election; and WHEREAS, the Town Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place, and purpose of such meeting was given as required by Chapter 551, Texas Government Code, as amended; and WHEREAS, the Town Council desires to and hereby calls a Joint General Election for the purpose of electing one (1) Mayor for a three (3) year term and two (2) Council members for Place #1 and Place #2 for a three (3) year term each, for the purpose of electing one (1) Council Member for Place #3 to the Town Council to fill the remainder of an unexpired term of office of Place #3 created by a vacancy (term expiring May, 2015); and a Joint Special Election on a measure; and WHEREAS, in a May, 2006 Special Election, pursuant to an election on a measure, the residents of the Town voted to reduce the amount of sales tax allocated to EDC413 by one-fourth of one percent (.25) and to levy a sales and use tax of one-fourth of one percent (.25) to provide revenue for the maintenance and repair of municipal streets; and WHEREAS, in May, 2010, the Town Council held an election to allow voters to reauthorize the local sales and use tax at the rate of one-fourth of one percent (0.25%) in order to continue providing revenue for maintenance and repair of municipal streets, and the voters of the Town voted affirmatively to reauthorize the tax for road maintenance and repair; and WHEREAS, in order for the road maintenance and repair tax to continue in effect, the Town is required to hold an election to reauthorize the tax, and the election must be held in the same manner as the election that was used to levy the tax; and WHEREAS, the Town Council desires to and hereby orders and calls a Special Election with combined ballot pursuant to Section 321.409 of the Texas Tax Code to determine whether the citizens desire to reauthorize a sales and use tax to provide revenue for maintenance and repair for municipal streets as authorized by Chapter 327 of the Texas Tax Code; and WHEREAS, Section 3.005 of the Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 62nd day before Election Day; and WHEREAS, because the Town of Trophy Club is located in both Denton County and Tarrant County, the Town will enter into an Election Services Contract with Denton County and an Election Services Contract with Tarrant County so that those entities will ORD 2014-02 Page 2 of 13 provide election services for Denton County and Tarrant County residents of Trophy Club; and WHEREAS, the Election shall be conducted in accordance with the Code under the jurisdiction of the Denton County Elections Administration (the "Denton County Elections Administrator") pursuant to an Election Services Contract (the "Contract") by and among Denton County Elections Administration ("DCEA"), and other participating entities, if any, described in a Contract between the Town and Denton County, a copy of which Contract will be incorporated herein as Exhibit "A" upon its final approval and execution by the Town; and WHEREAS, he Election shall be conducted in accordance with the Code under the jurisdiction of the Tarrant County Elections Administration (the "Tarrant County Elections Administrator") pursuant to an Election Services Contract (the "Contract") by and among Tarrant County Elections Administration ("TCEA"), and other participating entities, if any, described in the Contract between the Town and Tarrant County. Tarrant County has advised the Town that it will not submit a contract for Election Services until sometime during the month of April when the determination of participating entities and cost per entity is available. Upon Town Council approval of the Interlocal Agreement with Tarrant County, a copy of that agreement shall be incorporated herein by reference as Exhibit "B"; and WHEREAS, Section 85.004 of the Texas Election Code provides that an election order and the election notice must state the location of each early voting polling place; and, WHEREAS, the Town Council finds that upon the canvassing of the returns of the May 10, 2014 election, this Ordinance and election order, shall be enacted as set forth in this Ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1 INCORPORATION OF PREMISES All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. All resident, qualified voters of the Town shall be eligible to vote at the Election. qmugsg 0� I 1-ITI I :to] 2:4 R:L" I Lei �J ORD 2014-02 Page 3 of 13 It is hereby ordered that a General and Special Election (collectively the "Election") shall be held in and throughout the Town of Trophy Club on Saturday, May 10, 2014 using a combined ballot. SECTION 3 PURPOSE OF ELECTION 3.1 General. The purpose of the joint General Election is to elect one (1) Mayor for a three (3) year term and two (2) Council members for Place #1 and #2 for a three (3) year term to the Town of Trophy Club Town Council; 3.2 Special Election. The purpose of the joint Special Election is to elect one (1) Council member for Place #3 for a one (1) year term in order to complete the remainder of the term of office for Place #3 created by a vacancy on the Trophy Club Town Council; 3.2 Special Election on a Measure. The purpose of the joint Special Election is to hold an election on a measure, to wit: reauthorization of the local sales and use tax in the Town of Trophy Club at the rate of one-fourth of one -percent to continue providing revenue for maintenance and repair of municipal streets. If adopted, the tax would be set to expire on the 10th anniversary of the date of this election unless it is subsequently reauthorized. If the reauthorization is not approved by the voters, the tax is set to expire on July 1, 2014. SECTION 4 BALLOT LANGUAGE ON MEASURES The official ballots for the Special Election on a Measure shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" each proposition, as required for an election on a measure, with -the ballots to contain such provisions, markings and language as required by law, and with such propositions to be expressed substantially as follows: I --•-• • ki The reauthorization of the local sales and use tax in the Town of Trophy Club at the rate of one-fourth of one percent (0.25%) to continue providing revenue for maintenance and repair of municipal streets. The tax expires on the 10th anniversary of the date of this election unless the imposition of the tax is reauthorized RAGAT•- . . ORD 2014-02 Page 4 of 13 As set forth in Section 141.001 of the Texas Election Code, no person shall be eligible for a public elective office of this state, unless that person is a United States citizen, 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, and has resided continuously in the State of Texas for twelve (12) months immediately preceding the date of the regular filing deadline for the candidate's application for a candidate whose name is to appear on the general election ballot, or the date of the election at which the candidate's name is written in for a write in candidate. Additional requirements are set forth in the Town Charter and are as follows: A. Mayor or Council Member: As set forth in Section 141.001 of the Texas Election Code and Article III of the Trophy Club Town Charter: a. Each person who becomes a candidate for Mayor or Councilmember shall meet the following qualifications: (1) be at least eighteen (18) years of age on the first day of the form to be filed; (2) be a citizen of the United States; (3) be a qualified voter of the Town; (4) reside and have resided for at least twelve (12) months preceding the election within the corporate limits of the Town; (5) no candidate may file for more than one office or position number per election; (6) no employee of the Town shall continue in such position after becoming a candidate for a Town elective office; and, (7) If any sitting Council member files to become a candidate for another public office, he shall resign his current seat upon filing for the new office. • 7 • FOR A PLACE • THE BALLOT 7.1 General Election. For the purpose of the May, 2014 General Election and pursuant to Section 143.007 of the Texas Election Code, any eligible and qualified person may have that person's name printed upon the official ballot as a candidate for the office hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than January 29, 2014 and not later than 5:00 p.m. on February 28, 2014. Each such application shall be on a form as prescribed by the Texas Election 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 Texas Election Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094(c) and (d) of the Texas Election Code. ORD 2014-02 Page 5 of 13 7.2 Special Election. For the purpose of the May, 2014 Special Election to fill the vacancy on the Trophy Club Town Council and pursuant to the Texas Election Code, any eligible and qualified person may have that person's name printed upon the official ballot as a candidate for the office hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than February 18, 2014 and not later than 5:00 p.m. on March 10, 2014. Each such application shall be on a form as prescribed by the Texas Election 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 Texas Election Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094(c) and (d) of the Texas Election Code, SECTION 8 RUNOFF ELECTION If no candidate receives a majority of all votes cast for all of the candidates for his or her office at such election as required to be lawfully elected, there shall be a runoff election held. The runoff election shall be conducted as required by the Town Charter and the Texas Election Code. Notwithstanding the foregoing, the runoff election date has tentatively been set for June 21, 2014. SECTION 9 VOTING PRECINCTS The voting precincts for the Election are designated by their respective county precinct numbers. The proposed times and locations of early voting for Denton County and Tarrant County are set forth in Exhibit "C", a copy of which is attached hereto and incorporated herein. Exhibit "C" shall be amended to include the final schedule of times and locations of early voting for both Town of Trophy Club Denton and Tarrant County residents upon announcement by the Denton County Elections Administrator. Notwithstanding the foregoing, the early voting times and locations set forth in Exhibit "C" may be changed without further action of the Town Council if so directed by the Elections Administrator for Denton County or the Elections Administrator for Tarrant County. In addition to the early voting polling locations within the Town, all Denton County Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Tarrant County Trophy Club voters may only vote at all early voting polling locations as designated and maintained by Tarrant County throughout the County. The Denton and Tarrant County Elections Administrators are hereby authorized and directed to make such changes in polling locations as may be necessary for the proper conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on Election Day. ORD 2014-02 Page 6 of 13 SECTION 10 f1fLM%24Mff• 10.1 Denton County. The Denton County Elections Administrator, Frank Phillips, is hereby appointed as Denton County Early Voting Clerk for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, 701 Kimberly Drive, Suite A101, Denton, Texas 76208, The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit "A" hereto. The main early voting polling place is hereby designated to be 701 Kimberly Drive, Suite A101, Denton, Texas 76208. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit "C" hereto; such locations may be changed or additional early voting locations may be added by the Denton County and/or Tarrant County Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. 10.2 Tarrant County. The Tarrant County Elections Administrator, Steve Raborn, is hereby appointed as Tarrant County Early Voting Clerk for the election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, PO Box 961011, Fort Worth, Texas 76161-0011. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit "C" hereto. The main early voting polling place is hereby designated to be Tarrant County Election Center, 2700 Premier Street, Fort Worth, Texas 76111. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit "C" hereto; such locations may be changed or additional early voting locations may be added by the Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. M =[" 0 Lois] J, ul :4 .1, I;T� # Compensation for election judges and alternate judges for their service in the Election shall be determined by the Denton County Elections Administrator and the Tarrant County Elections Administrator. E -slate, a Direct Record Electronic (DRE) System shall ORD 2014-02 Page 7 of 13 be used for early voting by personal appearance, and in the May 10, 2014 election at Denton County and Tarrant County Polling Sites. Paper ballots, which are optically scanned, shall be used for early voting by mail. In the May 10, 2014 election, the Denton County and the Tarrant County Elections Administrator shall cause ballots to be prepared in the form of the ballot first above prescribed, being in both English and Spanish, and shall furnish election officials such ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, the Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. SECTION 12 EARLY VOTING In addition to the early voting polling location located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County per the Joint Election Agreement and Contract for Election Services with Denton County. Trophy Club Tarrant County voters may only vote at the early voting polling location designated and maintained by the Denton County Elections Administrator. SECTION 13 ELECTION MATERIALS The election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling places and for early voting for the Election and provisions shall be made for oral assistance to Spanish-speaking voters. SECTION 14 ELECTION RETURNS The election officers 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. • 15 • • ELECTION PUBLICATION Notice of the Election shall be given by posting a notice containing a substantial copy of this Ordinance in both English and Spanish at the Town Hall on the bulletin board used for posting notices of the meetings of the Town Council and by publication of said notice one time in a newspaper of general circulation published within the Town, the date of the publication to be not less than fourteen (14) days nor more than thirty (30) days prior to the date set for the Election. ORD 2014-02 Page 8 of 13 SECTION 16 CANVASS OF ELECTION Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass the election not earlier than May 13, 2014 and not later than May 19, 2014. Notice of the time and place for canvass shall be posted on the official bulletin board in the same manner as required by the Open Meeting Act for other Town Council meetings in accordance with the Chapter 551 of the Local Government Code. SECTION 17 VOTING RIGHTS ACT The Mayor 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 and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 18 SEVERABILITY It is hereby declared to be the intent of the Town Council of the Town of Trophy Club that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same Would have been enacted by the Town Council without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. • The Town Manager or the Town Manager's designee is authorized to amend or supplement any and all contracts for the administration of the May, 2014 Election to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Denton County and/or Tarrant County Elections Administrator. Attached and incorporated herein as Exhibit "A" is a copy of a joint election agreement between the Town and the Denton County Elections Department. Upon approval by the Town Council, a joint election agreement between the Town and the Tarrant County Elections Department shall be incorporated herein by reference as Exhibit "B". ORD 2014-02 Page 9 of 13 SECTION 20 ENGROSSMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter. SECTION 21 EFFECTIVE DATE This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 17th day of February, 2014. 0 Town Secretary by Club, Texas 6e onnie White, Mayor Town of Trophy Club, Texas Patricia A. Adams, Town Attorney r! TRp`\ Town of Trophy Club, Texas ORD 2014-02 Page 10 of 13 EXHIBIT A JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY ORD 2014-02 Page 11 of 13 EXHIBIT B JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY Incorporated By Reference ORD 2014-02 Page 12 of 13 EXHIBIT C In addition to the early voting polling location located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Trophy Club Tarrant County voters may only vote at the early voting polling locations as designated and maintained by Tarrant County throughout the County. The Order of Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. Denton County Early voting by personal appearance will be conducted at: 100 Municipal Drive on the following: Monday, April 28 8:00 Tuesday, April 29 8:00 a.m. — 5:00 p.m. Wednesday, April 30 8:00 Thursday, May 1 8:00 a.m. — 5:00 p.m. Friday, May 2 8:00 a.m. — 5:00 p.m. Saturday, May 3 8:00 a.m. — 5:00 p.m. Monday, May 5 7:00 a.m. — 7:00 p.m. Tuesday, May 6 7:00 a.m. — 7:00 p.m. ORD 2014-02 Page 13 of 13