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ORD 2014-12TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2014-12 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 JOINT GENERAL AND SPECIAL ELECTION FOR THE TOWN OF TROPHY CLUB ("TOWN") HELD ON MAY 10, 2014, AS SUCH RETURNS RELATE TO THE ELECTION OF 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; 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 SPECIAL ELECTION TO REAUTHORIZE THE LOCAL SALES AND USE TAX AT THE RATE OF ONE-FOURTH OF ONE PERCENT (0.25) TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS FOR A SPECIFIED PERIOD; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE CONFIRMATION OF VOTE TABULATIONS; IDENTIFYING THE OFFICIAL ELECTED AND TERM OF OFFICE; AUTHORIZING THE ISSUANCE OF CERTIFICATES OF ELECTION; AUTHORIZING THE ISSUANCE OF THE CANVASS OF THE GENERAL AND SPECIAL ELECTIONS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about February 26, 2014 the Town Council of the Town of Trophy Club, Texas (the "Town") passed and approved Ordinance No. 2014-03 ordering a Joint General and Special 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 special election to reauthorize the local sales and use tax at the rate of one-fourth of one percent (0.25) to continue providing revenue for maintenance and repair of municipal streets; and WHEREAS, Ordinance No. 2014-03 also ordered the appointment of a Presiding Election Judge and an Alternate Presiding Election Judge for the purpose of conducting such election; and WHEREAS, the appropriate authority of the Town heretofore caused to be posted and published, in accordance with the election laws of the State of Texas, notice of the Special Election; and ORD 2014-12 Page 1 of 7 WHEREAS, it appears that a total of 1693 votes were cast in such election; and WHEREAS, the Joint General and Special Election were duly and legally held on May 10, 2014 in the Town and in conformity with the election laws of the State of Texas, and the results of the Joint General and Special Election, including the early voting results, have been certified and returned to the proper judges and clerks thereof; and WHEREAS, the official returns of the presiding judges of the Joint General and Special Election, including the returns of early voting ballots in connection therewith, as such returns are related to the election of 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 special election to reauthorize the local sales and use tax at the rate of one-fourth of one percent (0.25) to continue providing revenue for maintenance and repair of municipal streets for a period of ten years, have been presented to the Town Council acting in its capacity as the Canvassing Board for the Joint General and Special Election; and WHEREAS, the Town Council has considered the returns of the Joint General and Special Election as related to the election of 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 for a special election to reauthorize the local sales and use tax at the rate of one-fourth of one percent (0.25) to continue providing revenue for maintenance and repair of municipal streets, including the returns of early voting ballots cast in connection therewith; and WHEREAS, the returns of the Joint General Election, including the returns of the early voting ballots, duly and legally made, showed that each candidate for the office of Mayor received the following votes: TOWN OF TROPHY CLUB MAYOR FOR THREE (3) YEAR TERM WHEREAS, the returns of the Joint General Election, including the returns of the early voting ballots, duly and legally made, showed that each candidate for the office of Town Council member for Place No. 1 received the following votes: ORD 2014-12 Page 2 of 7 TOTAL NUMBER TOTAL NUMBER OF VOTES OF VOTES TOTAL NUMBER RECEIVED AT RECEIVED NAME OF OF EARLY VOTING POLL ON (Totals reflects 25 CANDIDATE VOTES RECEIVED ELECTION DAY Absentee Votes) Connie White 382 304 686 C. Nick Sanders 608 358 966 WHEREAS, the returns of the Joint General Election, including the returns of the early voting ballots, duly and legally made, showed that each candidate for the office of Town Council member for Place No. 1 received the following votes: ORD 2014-12 Page 2 of 7 TOWN COUNCIL MEMBER FOR PLACE NO. 1 ON THE TROPHY CLUB COUNCIL FOR THREE ( 3) YEAR TERM WHEREAS, the returns of the Joint General Election, including the returns of the early voting ballots, duly and legally made, showed that each candidate for the office of Town Council member for Place No. 2 received the following votes: TOWN COUNCIL MEMBER FOR PLACE NO. 2 ON THE TROPHY CLUB COUNCIL FOR THREE (3) YEAR TERM TOTAL NUMBER TOTAL NUMBER OF VOTES OF VOTES TOTAL NUMBER RECEIVED AT RECEIVED NAME OF OF EARLY VOTING POLL ON (Totals reflects 27 CANDIDATE VOTES RECEIVED ELECTION DAY Absentee Votes) Larry Hoover 330 215 548 Jim Parrow 578 382 930 WHEREAS, the returns of the Joint General Election, including the returns of the early voting ballots, duly and legally made, showed that each candidate for the office of Town Council member for Place No. 2 received the following votes: TOWN COUNCIL MEMBER FOR PLACE NO. 2 ON THE TROPHY CLUB COUNCIL FOR THREE (3) YEAR TERM WHEREAS, the returns of the Joint Special Election, including the returns of the early voting ballots, duly and legally made, showed that each candidate for the office of Town Council member for Place No. 3 received the following votes: TOWN COUNCIL MEMBER FOR PLACE NO. 3 ON THE TROPHY CLUB COUNCIL FOR ONE (1) YEAR UNEXPIRED TERM TOTAL NUMBER TOTAL NUMBER OF VOTES OF VOTES TOTAL NUMBER RECEIVED AT RECEIVED NAME OF OF EARLY VOTING POLL ON (Totals reflects 18 CANDIDATE VOTES RECEIVED ELECTION DAY Absentee Votes) Garret Reed 646 384 1,030 WHEREAS, the returns of the Joint Special Election, including the returns of the early voting ballots, duly and legally made, showed that each candidate for the office of Town Council member for Place No. 3 received the following votes: TOWN COUNCIL MEMBER FOR PLACE NO. 3 ON THE TROPHY CLUB COUNCIL FOR ONE (1) YEAR UNEXPIRED TERM WHEREAS, pursuant to the Home Rule Charter, the candidate for election to each Place on the Council who receives a majority of all votes cast for all the candidates for such Place at the election shall be declared elected; and ORD 2014-12 Page 3 of 7 TOTAL NUMBER TOTAL NUMBER OF VOTES OF VOTES TOTAL NUMBER RECEIVED AT RECEIVED NAME OF OF EARLY VOTING POLL ON (Totals reflects 18 CANDIDATE VOTES RECEIVED ELECTION DAY Absentee Votes) Rhylan Rowe 639 378 1,017 WHEREAS, pursuant to the Home Rule Charter, the candidate for election to each Place on the Council who receives a majority of all votes cast for all the candidates for such Place at the election shall be declared elected; and ORD 2014-12 Page 3 of 7 WHEREAS, the returns of the Special Election on a measure, including the returns of the early voting ballots, duly and legally made, showed that Proposition One to reauthorize a local sales and use tax in the Town at a rate of one-fourth of one percent (0.25%) to continue providing revenue for maintenance and repair of municipal streets with the tax to expire ten (10) years from the date of the election unless the imposition of the tax is reauthorized, received the following votes: FOR THE ADOPTION OF PROPOSITION ONE AGAINST THE ADOPTION OF PROPOSITION ONE The reauthorization of the local sales and use tax in the Town of Trophy Club at the rate of one-fourth of one TOTAL percent (0.25%) to continue providing TOTAL NUMBER OF revenue for maintenance and repair NUMBER OF VOTES of municipal streets. The tax expires EARLY RECEIVED AT TOTAL on the tenth anniversary of the date VOTING POLL ON NUMBER of this election unless the imposition VOTES ELECTION OF VOTES of the tax is reauthorized. RECEIVED DAY RECEIVED For 794 513 1,307 Against 193 152 345 WHEREAS, pursuant to State Law, if a majority of the qualified voters voting on a proposed measure vote in favor thereof, such measure shall become effective in accordance with law. 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. Section 2. Confirmation of Vote Tabulations. The results of the Joint General and Special 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) on the Trophy Club Town Council, for a special election to reauthorize the local sales and use tax at the rate of one-fourth of one percent (0.25) to continue providing revenue for maintenance and repair of municipal streets for a period of ten years 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 Joint General and Special Election, the duly elected ORD 2014-12 Page 4 of 7 Council Members elected on May 10, 2014, and the corresponding terms of office, subject to the taking of the oath of office as required by State Law, is as follows: OFFICE TERM NAME Mayor Three (3) Years C. Nick Sanders Council Member Place 1 Three (3) Years Jim Parrow Council Member Place 2 Three (3) Years Garrett Reed Council Member Place 3 One (1) Year Rhylan Rowe Section 4. Issuance of Certificate of Election. The Mayor is hereby authorized and directed to execute and deliver a Certificate of Election to the successful candidates elected at the Joint General and Special Election, as specified in Section 3 hereof. Section 5. Proposition One — Reauthorization of Sales and Use Tax for Road Maintenance and Repair. In accordance with the canvass and tabulation of the results of the Special Election, the reauthorization of the local sales and use tax in the Town of Trophy Club at a rate of one-fourth of one percent (0.25%) to continue providing revenue for maintenance and repair of municipal streets was approved by a majority of qualified voters by a vote of 1,307 in favor to 345 opposed. Section 6. Implementation of Tax, In accordance with the Texas Tax Code, the Town shall notify the State Comptroller of the results of the Special Election and shall comply with all other legal requirements necessary to effect the reauthorization of the tax. Section 7. Issuance of Canvass of JointGeneral and Special Elections. The Mayor is hereby authorized and directed to execute and deliver the Canvass of the Joint General and Special Election, a copy of which is attached hereto as Exhibit "A", in accordance with the election laws of the State of Texas, and to take all other action necessary in connection therewith. Section 8. Engrossment and Enrollment. The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the Caption and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town and shall notify the State Comptroller of the results of the election on the measure reauthorizing 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 for a period of ten years. Section 9. Effective Date. This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 19th day of May, 2014. ORD 2014-12 Page 5 of 7 A . 2 Mayor, Connie White Town of Trophy Club, Texas Effective Date: May 19, 2014 TRQp� ATT T: C CU TaTi my Ard, ,own Secretary `'��9RY I, Town of Trophy Club, Texas APPROVED AS TO FORM: �a lr'� 1r)—co"o - . Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2014-12 Page 6 of 7 TOWN OF TROPHY CLUB, TEXAS CANVASS OF SPECIAL ELECTION I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding Officer of the Canvassing Authority of the Town, met on 19th day of May, 2014 with the Town Council of the Town, sitting as the Canvassing Board to canvass the returns of the Joint General and Special Election held on May 10, 2014, at the Trophy Club Town Svore Building, 100E Municipal Drive, Trophy Club, Texas, as such returns related to the election of 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) on the Trophy Club Town Council and as such returns related to the election on a measure, Proposition One, which reauthorized a local sales and use tax in the Town at a rate of one-fourth of one percent (0.25%) to continue providing revenue for maintenance and repair of municipal streets. 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 19th day of May, 2014. Wrayor and Presiding Officer of The Canvassing Authority Town of Trophy Club, Texas ORD 2014-12 Page 7 of 7