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ORD 2018-02 Calling the CCPD Election TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2018-02 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT SPECIAL ELECTION FOR THE TOWN OF TROPHY CLUB ("TOWN") TO BE HELD ON MAY 5, 2018 TO SUBMIT TO THE RESIDENT QUALIFIED VOTERS OF THE TOWN OF TROPHY CLUB A PROPOSITION RELATING TO THE CONTINUATION OF THE TROPHY CLUB CRIME CONTROL AND PREVENTION DISTRICT FOR FIVE YEARS WITH A LOCAL SALES AND USE TAX RATE OF ONE- FOURTH OF ONE PERCENT AND A PROPOSITION RELATING TO THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX FOR FOUR YEARS AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; PROVIDING FOR THE INCORPORATION OF PREMISES; SPECIFYING THE DATE OF ELECTION; SPECIFYING THE PURPOSE OF THE ELECTION; SPECIFYING BALLOT LANGUAGE; AUTHORIZING CONTRACTS WITH DENTON COUNTY ELECTIONS AND TARRANT COUNTY ELECTIONS FOR ADMINISTRATION OF THE ELECTION; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001(a) of the Texas Election Code establishes the first Saturday in May as a Uniform Election Date for the purposes of conducting a Joint 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 Joint 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, Section 3.005(c) of the Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 78th day before Election Day; and WHEREAS, on December 10, 2012, pursuant to Resolution No. 2012-34, the Town Council created a Temporary Board of Directors for the proposed Trophy Club Crime Control and Prevention District and appointed seven (7) members to serve as the Temporary Directors for the District; and WHEREAS, at the May 11, 2013 Special Election, a majority of the votes were cast in favor for the creation of the Trophy Club Crime Control and Prevention District dedicated to crime reduction programs and the adoption of a proposed local sales and use tax at a rate of one-fourth of one percent; and WHEREAS, the Trophy Club Crime Control and Prevention District would be dissolved on September 30, 2018, unless the District holds a Continuation Referendum prior to the end date; and WHEREAS, Section 363.251 of the Texas Local Government Code authorizes the Board to order a referendum on its own motion by a majority vote of its members; and WHEREAS, the Board considered and adopted an Election Order at their January 8, 2018 meeting that requests that the Trophy Club Town Council include the Continuation Proposition of the Trophy Club Crime Control and Prevention District on the May 5, 2018 Election ballot; and WHEREAS, at the May 13, 2006 Special Election, pursuant to an election on a measure, the residents of the Town voted to levy a sales and use tax of one-fourth of one percent to provide revenue for the maintenance and repair of municipal streets; and WHEREAS, at the May 10, 2014 Special Election, a majority of the votes were cast in favor to reauthorize the local sales and use tax at the rate of one-fourth of one percent in order to continue providing revenue for maintenance and repair of municipal streets; and WHEREAS, the local sales and use tax of one-fourth of one percent for maintenance and repair of municipal streets will expire on September 30, 2018, unless the Town holds a Reauthorization Election; and WHEREAS, the Town Council desires to and hereby orders a Joint Special Election to determine whether the citizens desire to continue the Trophy Club Crime Control and Prevention District and reauthorize a sales and use tax to provide revenue for maintenance and repair for municipal streets. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: ORD 2018-02 Page 2 of 9 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. SECTION 2. DATE OF ELECTION It is hereby ordered that a Joint Special Election shall be held in and throughout the Town of Trophy Club between the hours of 7:00 a.m. to 7:00 p.m. on Saturday, May 5, 2018 using a combined ballot. SECTION 3. PURPOSE OF ELECTION 3.1 To hold a Special Election to submit to the resident qualified voters of the Town of Trophy Club a proposition relating to the continuation of the Trophy Club Texas Crime Control and Prevention District for five years pursuant to Chapter 363 of the Texas Local Government Code and providing for the Crime Control and Prevention District sales and use tax rate of one-fourth of one percent be continued for five years. 3.2 To hold 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 in order to continue providing revenue for maintenance and repair of municipal streets for four years. SECTION 4. BALLOT LANGUAGE ON MEASURES The official ballots for the Special Election 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: 4.1. TOWN OF TROPHY CLUB PROPOSITION A: Whether the Town of Trophy Club Crime Control and Prevention District should be continued for five years and the crime control and prevention district sales tax should be continued for five years. [ ] FOR [ ] AGAINST ORD 2018-02 Page 3 of 9 4.2. TOWN OF TROPHY CLUB PROPOSITION B: The 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. The tax expires on the fourth anniversary of the date of this election unless the imposition of the tax is reauthorized. [ ] FOR [ ] AGAINST SECTION 5. ELECTION CONTRACTS Since the Town of Trophy Club is located in both Denton County and Tarrant County, the Mayor, or his designee, is authorized to execute the necessary contracts for the administration of the May 5, 2018 Election to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Denton County Election and/or Tarrant County Election Administrators. Upon approval by the Town Council, a Joint Election Agreement between the Town and the Denton County Elections shall be incorporated herein by reference as Exhibit "A". Upon approval by the Town Council, a Joint Election Agreement between the Town and the Tarrant County Elections shall be incorporated herein by reference as Exhibit "B". SECTION 6. ELECTIONS ADMINISTRATION 6.1 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, P.O. Box 1720, Denton, Texas 76202. 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 Denton County Elections Administration, 701 Kimberly Drive, 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 Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. ORD 2018-02 Page 4 of 9 6.2 Tarrant County. The Tarrant County Elections Administrator, Karen Lawrence, 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, P.O. 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 Elections 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 Tarrant County Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. SECTION 7. NOTICE OF ELECTION PUBLICATION Notice of the Election shall be given by posting a notice containing a substantial copy of this Ordinance in both English, Spanish, and Vietnamese at the Town Hall on the bulletin board used for posting notices of the Town Council meetings 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 earlier than the 30th day or later than the 10th day before election day. SECTION 8. CANVASS OF ELECTION Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass the Election not earlier than May 8, 2018 and not later than May 16, 2018. 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 Meetings Act for other Town Council meetings in accordance with the Chapter 551 of the Local Government Code. SECTION 9. 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. ORD 2018-02 Page 5 of 9 SECTION 10. 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. SECTION 11. ENGROSSMENT AND ENROLLMENT 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 12. 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 13th day of February 2018. dr i/ ick Sanders, M:'Or Town of Trophy Club, Texas .. SEAL] ATTEST: : :, ,c, L (ill, '*, ) 7r ca Holly Firrm•res, Town Secretary Town of Trophy Club, Texas 1 , AP' -OVED ' 4 7 FARM: i / ,, J. D-T idWodd III, Town Attorney To of Trophy Club, Texas ORD 2018-02 Page 6 of 9 EXHIBIT "A" JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY ELECTIONS Incorporated By Reference ORD 2018-02 Page 7 of 9 EXHIBIT "B" JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY ELECTIONS Incorporated By Reference ORD 2018-02 Page 8 of 9 EXHIBIT "C" NOTICE FOR EARLY VOTING Incorporated By Reference Trophy Club Denton County voters may only vote at the 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: Locations designated by Denton County: Monday, April 23 8:00 a.m. to 5:00 p.m. Tuesday, April 24 8:00 a.m. to 5:00 p.m. Wednesday, April 25 8:00 a.m. to 5:00 p.m. Thursday, April 26 8:00 a.m. to 5:00 p.m. Friday, April 27 8:00 a.m. to 5:00 p.m. Saturday, April 28 8:00 a.m. to 5:00 p.m. Monday, April 30 7:00 a.m. to 7:00 p.m. Tuesday, May 1 7:00 a.m. to 7:00 p.m. Tarrant County Early voting by personal appearance will be conducted at: Locations designated by Tarrant County: Monday, April 23 8:00 a.m. to 5:00 p.m. Tuesday, April 24 8:00 a.m. to 5:00 p.m. Wednesday, April 25 8:00 a.m. to 5:00 p.m. Thursday, April 26 8:00 a.m. to 5:00 p.m. Friday, April 27 8:00 a.m. to 5:00 p.m. Saturday, April 28 7:00 a.m. to 7:00 p.m. Sunday, April 29 11:00 a.m. to 4:00 p.m. Monday, April 30 7:00 a.m. to 7:00 p.m. Tuesday, May 1 7:00 a.m. to 7:00 p.m. ORD 2018-02 Page 9 of 9