ORD 2018-29 Objected to the Consideration TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2018-29
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ORDERING AND CALLING A SPECIAL
ELECTION FOR THE TOWN OF TROPHY CLUB ("TOWN") TO BE
HELD ON FEBRUARY 16, 2019 FOR THE PURPOSE OF ELECTING 0
ONE (1) COUNCILMEMBER FOR PLACE NO. 2 TO THE TOW
COUNCIL TO FILL THE REMAINDER OF AN UNEXPIRED TERM 0
OFFICE CREATED BY A VACANCY (TERM EXPIRING MAY 2020
PROVIDING FOR THE INCORPORATION OF PREMISES; SPEC IN%
THE DATE OF ELECTION; SPECIFYING THE PURPOSE THE
ELECTION; SPECIFYING ELIGIBILITY FOR CANDIDA ; PIING
FOR APPLICATION FOR A PLACE ON THE BALLO PRO IDING
FOR A RUNOFF ELECTION; AUTHORIZING CON RACTS WITH
DENTON COUNTY ELECTIONS AND TARRANT COUNTY ELECTIONS
FOR ADMINISTRATION OF THE SPECIAL ELECTION;
ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE
SPECIAL ELECTION; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMEND y`NROLLMENT; AND
PROVIDING AN EFFECTIVE DATE. ��
41
WHEREAS, Section 3.004 of th Te Election Code provides that the
governing body of a municipality shall b uthority to order a Special Election; and
WHEREAS, the Town Co ► Inds and declares that the meeting at which this
Ordinance is considered is open •- 'ublic as required by law, and that public notice
of the time, place, and purpo ef su ` meeting was given as required by Chapter 551,
Texas Government Cod - It ded; and
WHEREAS, p uant Article XI, Section 11, of the Texas Constitution and
pursuant to Article II The Council, Section 3.04, Vacancies, Forfeiture of Office, Filling
of Vacancies, o n's Home Rule Charter, the Town Council hereby calls a
Special Elect* e purpose of electing one (1) Councilmember for Place No. 2 to
the Town Cour o fill the remainder of an unexpired term of office created by a
vacancy evicpiring May 2020); and
EAS, according to Section 201 .051 of the Texas Election Code, if a
office is to be filled by Special Election, the election shall be ordered as soon
Cylr ti ble after the vacancy occurs.
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 Special Elec ' cl\
SECTION 2 .Ni
DATE OF ELECTION
It is hereby ordered that a Special Election shall be held in and throu h t t own of
Trophy Club between the hours of 7:00 a.m. to 7:00 p.m. on to bruary 16,
2019 using a combined ballot.
SECTION 3
PURPOSE OF ELECTION
The purpose of the Special Election is to elect one (1) Councilmember for Place No. 2
to the Town Council to fill the remainder of an unexpired term of office created by a
vacancy (term expiring May 2020) I
SECTION )-4.10.,
� 4
ELIGIBILITY `TIF CANDIDACY
As set forth in Section 141.001 as Election Code, to be eligible for a public
elective office in this state, a perso t: 1) be a United States citizen; 2) be 18 years
of age or older on the first da the erm to be filled at the election; 3) have not been
determined by a final judgment of a court exercising probate jurisdiction to be totally
mentally incapacitat or partially mentally incapacitated without the right to vote; 4)
have not been final onvicted of a felony from which the person has not been
pardoned or othe 'se released from the resulting disabilities; 5) have resided
continuously in for 12 months and in the territory from which the office is
elected for si immediately preceding the date of the regular filing deadline for a
candidate' Mica ion for a place on the ballot for a candidate whose name is to
appear e eral election ballot, or the date of the election at which the candidate's
name iste in for a write-in candidate; 6) on the date described by subdivision 5, be
re istered to vote in the territory from which the office is elected; and 7) satisfy any
e ligbility requirements prescribed by law for the office.
Additionalal
requirements are set forth in Article III, Section 3.02, of the Trophy Club Town
Charter and are as follows:
(a) Each person who becomes a candidate for Mayor or Councilmember shall meet the
following qualifications:
ORD 2018-29 Page 2 of 9
(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 becomi
candidate for a Town elective office; and,
(7) If any sitting Councilmember files to become a candidate for anottN.
office, he shall resign his current seat upon filing for the new office.
SECTION 5le
APPLICATION FOR A PLACE ON THE BAL OTV
For the purpose of the February 16, 2019 Special Electiorti • • , uant to Section
201.054 of the Texas Election Code, any eligible and qualifiep on 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
November 13, 2018 and not later than 5:00 p.m. oember 17, 2018. Each such
application shall be on a form as prescribed b erieAs Election Code. The order in
which the names of the candidates are to b printed on the ballot shall be determined
by a drawing by the Town Secretary as p ide by Section 52.094 of the Texas
Election Code. Notice of the time and plac r such drawing shall be given in
accordance with Section 52.094 of the
T x lection Code.
XFSECTION
6
NOFF ELECTION
If no candidate receives a majori 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 March 30, 2019.
„Noxiso,
SECTION 7.
ELECTION CONTRACTS
Sinc- - +wn 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 February 16, 2019 Special Election to the extent required for the
Election to be conducted in an efficient and legal manner as determined by the Denton
unty 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".
ORD 2018-29 Page 3 of 9
SECTION 8.
ELECTIONS ADMINISTRATION
8.1 Denton County. The Denton County Elections Administrator, Frank Phillips, is
hereby appointed as Denton County Early Voting Clerk for the Election. Deputy ear
voting judges/clerks will be appointed as needed to process early voting mail a - •
conduct early voting. Early voting by mail shall be conducted in conformance it it,
requirements of the Code. Ballot applications and ballots voted by mail shall be _.
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 memb iof the Early
Voting Ballot Board and the presiding judge and alternate judge in acco n'ce with the
requirements of the Code. Early voting by personal appearance shame,, nducted at
the times on the dates and at the locations designated on Ex c ' '' hereto. The
main early voting polling place is hereby designated to be 12,1144 ounty Elections
Administration, 701 Kimberly Drive, Denton, Texas 76208. ' . 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 h® Town Council, as is necessary for
the proper conduct of the Election. •.
8.2 Tarrant County. The Tarrant Coun Ele ns Administrator, Heider Garcia, is
hereby appointed as Tarrant County Ea ting Clerk for the Election. Deputy early
voting judges/clerks will be appointed ded to process early voting mail and to
conduct early voting. Early votin• '• mAl shall be conducted in conformance with the
requirements of the Code. Ballot a, di, :tions and ballots voted by mail shall be sent to:
Early Voting Clerk, P.O. Bo ••101 , Fort Worth, Texas 76161-0011. The Elections
Administrator and/or the II oting Clerk are hereby authorized to appoint the
members of the Earl Voti .t Board and the presiding judge and alternate judge in
accordance with the •uirements of the Code. Early voting by personal appearance
shall be conducted . cilio imes on the dates and at the locations designated on Exhibit
"C" hereto. Thor- =arly voting polling place is hereby designated to be Tarrant
County Elections i/ er, 2700 Premier Street, Fort Worth, Texas 76111. Early voting
shall be co •- .y the Early Voting Clerk, at the main early voting polling location
listed ab• a at the locations designated on Exhibit "C" hereto; such locations may
be cha � • additional early voting locations may be added by the Tarrant County
Election" q7.ministrator, without further action of the Town Council, as is necessary for
t pr ,per conduct of the Election.
0
ORD 2018-29 Page 4 of 9
SECTION 9.
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 publicati
of said notice one time in a newspaper of general circulation published within the T• 4,
the date of the publication to be not earlier than the 30th day or later than the 4 t t
before election day.
\O
SECTION 10.
+b*
CANVASS OF ELECTION
Pursuant to Section 67.003 of the Texas Election Code, the TowrAc�Cin-1 will canvass
the Election not earlier than February 19, 2019 and not later than February 27, 2019.
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 11. 1'S\ '
VOTING RIGHTS ACT
The Mayor and the Town Secretary of the Town, 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 th deral Voting Rights Act in carrying out and
conducting the Election, whether e ressly authorized herein.
tit
CTION 12.
o SEVERABILITY
It is hereby declared . belf intent of the Town Council of the Town of Trophy Club
that the phrases, cI. litti sentences, paragraphs, and sections of this Ordinance are
severable, and if iv . -se, clause, sentence, paragraph, or section of this Ordinance
shall be decl e. u, onstitutional by the valid judgment or decree of any court of
competent ' s ion, such unconstitutionality shall not affect any of the remaining
phrases, ci s , sentences, paragraphs, or sections of this Ordinance, since the same
would hav en enacted by the Town Council without incorporation of any such
unco itutional phrase, clause, sentence, paragraph, or section.
I ONCS SECTION 13.
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.
ORD 2018-29 Page 5 of 9
SECTION 14.
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 November 2018.
C. Nick Sanders, Mayor
Town of Trophy Club, Texa
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ATTEST:
Holly Fimbres, Town Secretary
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Town of Trophy Club, Texas CP
APPROVED TO AS FORM:
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J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
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ORD 2018-29 Page 6 of 9
EXHIBIT "A"
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY
ELECTIONS
Incorporated By ReferenceCI\
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ORD 2018-29 Page 7 of 9
EXHIBIT "B"
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY
ELECTIONS
Incorporated By ReferenceCI\
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ORD 2018-29 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 votingto
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Denton County •
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Early voting by personal appearance will be ucted at:
Locations designated by Denton •
Monday, February 4 8:00 a. r .. .00 p.m.
Tuesday, February 5 8:00 a. V.10 p.m.
Wednesday, February 6 8:00 a. :00 p.m.
Thursday, February 7 8:00 a.m. to 5:00 p.m.
Friday, February 8 8:00 a.m. to 5:00 p.m.
Saturday, Februar :00 a.m. to 5:00 p.m.
Monday, Febru :00 a.m. to 7:00 p.m.
Tuesday, Feb 7:00 a.m. to 7:00 p.m.
st.0 Tarrant County
Early voting by personal appearance will be conducted at:
cocations designated by Tarrant County:
Monday, February 4 800 a.m. to 500 p.m.
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Tuesday, February 5 8:00 a.m. to 5:00 p.m.
dS. ednesday, February 6 8:00 a.m. to 5:00 p.m.
Thursday, February 7 8:00 a.m. to 5:00 p.m.
Friday, February 8 8:00 a.m. to 5:00 p.m.
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Saturday, February 9 8:00 a.m. to 5:00 p.m.
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Monday, February 11 7:00 a.m. to 7:00 p.m.
Tuesday, February 12 7:00 a.m. to 7:00 p.m.
ORD 2018-29 Page 9 of 9