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ORD 2022-03 - Street Maintenance Election May 2022ORDINANCE 2022-03 AN ORDINANCE OF THE TROPHY CLUB TOWN COUNCIL CALLING A JOINT SPECIAL ELECTION TO BE HELD ON MAY 7, 2022 PURSUANT TO CHAPTER 327 OF THE TEXAS LOCAL GOVERNMENT CODE; FOR A PROPOSITION BEFORE THE VOTERS TO CONTINUE THE MUNICIPAL SALES AND USE TAX AT THE RATE OF ONE-FOURTH OF ONE PERCENT FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS FOR 4 YEARS WITHIN THE TOWN OF TROPHY CLUB, TEXAS, DENTON AND TARRANT COUNTIES; 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; REQUESTING THAT THE TOWN TAKE ALL NECESSARY ACTIONS TO PLACE THE PROPOSITION ON THE MAY 7, 2022 BALLOT; 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, in accordance with Texas Local Government Code Section 327.007, the Town Council took action to reauthorize the Trophy Club Municipal Sales and Use Tax for Street Maintenance in May 2018 which is set to expire September, 2022; and WHEREAS, in accordance with Texas Local Government Code Section 327.007; the Tax may be reauthorized for a period of four (4) years through a Special Election ordered by the Town Council allowing registered voters of Trophy Club to vote for or against the continuation of the Municipal Sales and Use Tax; and WHEREAS, approval of this Ordinance authorizes the Town Council to Call a Special Joint Election for a continuation Proposition set forth on May 7, 2022 with the Town's General Election; and WHEREAS, due to the Town of Trophy Club being located in both Denton County and Tarrant County, approval of said Ordinance authorizes the Town contract for Election Services with Denton County and Tarrant County. NOW, THEREFORE, BE IT ORDERED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: Section 1. Pursuant to the authority of Chapter 327 of the Texas Local Government Code, the Town Council hereby orders the measure on its own motion by a majority vote of its members and hereby sets forth a proposition to be placed on the May 7, 2022 Joint Special Election Ballot. Section 2. The proposition to appear on the ballot shall be and read as follows: TOWN OF TROPHY CLUB PROPOSITION: For ( ) Against ( ) "The reauthorization of the local sales and use tax in the Town of Trophy Club at the rate of one-fourth of one percent (0.250) to continue providing revenue for maintenance and repair of municipal streets. The tax expires on the 4th anniversary of the date of this election unless the imposition of the tax is reauthorized." Section 3. The Board requests that the Trophy Club Town Council include the Continuation Proposition of the Municipal Sales and Use Tax for Street Maintenance on the May 7, 2022 Election Ballot. Section 4. All resident, qualified voters of the Town of Trophy Club shall be eligible to vote at the Election. Section 5. The Mayor, or her designee, is authorized to execute the necessary contracts for the administration of the May 7, 2022 Special Joint Election to the extent required for the Election to be conducted in a legal manner as determined by the Denton County Election and/or Tarrant County Election Administrators. Section 6. 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 Texas Election 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 Texas Election Code. Early voting by personal appearance shall be conducted at the times, dates, and at the locations designated by the Denton County Elections Administrator. The Main Early Voting polling location is hereby designated to be Denton County Elections Administration, 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 Trophy Club Municipal Utility District Office Board Room located at 100 Municipal Drive, Trophy Club, Texas 76262. Additional locations will be available throughout Denton County and are subject to change as necessary by Denton County Elections Administrator without further action by the Town Council. Exhibit A (attached) has been provided by Denton County Elections Administrator. Page 2 of 5 The Tarrant County Elections Administrator, Heider I. Garcia, 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 Texas Election 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 Election Code. Early voting by personal appearance shall be conducted at the times, dates, and locations designated by the Tarrant County Elections Administrator. The Main Early Voting polling location 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 Early Voting locations designated by the Tarrant County Elections Administrator. Locations will be made available and may be subject to change as necessary by the Tarrant County Elections Administrator without further action by the Town Council. Exhibit A (attached) has been provided by Tarrant County Elections Administrator. Section 7. 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 two times in the Fort Worth Telegram which is of general circulation. Dates of the publication to be in conformance with the Texas Election Code. Section 8. The Trophy Club Town Secretary, in consultation with the Town Attorney, is 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 Joint Special Election, whether or not expressly authorized herein. Section 9. It is hereby declared to be the intent of the Trophy Club Town Council 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 since the same would have been enacted by Trophy Club Town Council without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 10. The Trophy Club Town Secretary is hereby directed to engross and enroll this Ordinance as required by the Town Charter and Texas Local Government Code. Section 11. This Order shall take effect immediately upon approval. Page 3 of 5 PASSED AND APPROVED by the Trophy Club T4n CounAi on February 8, 2022. 71isiTli' Loticia Vacek, Town--8ecretary Town of Trophy Club, Texas AIIQ�( Fleury, Mayor Town of Trophy Club, TX -"gopty), D A T 0 J. Rbvid Dodd 111, Town Attorney j n of Trophy Club, Texas Page 4 of 5 EXHIBIT "A" 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. DENTON COUNTY *Early voting by personal appearance will be conducted at: Days and Hours designated by Denton County: Monday, April 25 Tuesday, April 26 Wednesday, April 27 Thursday, April 28 Friday, April 29 Saturday, April 30 Sunday, May 1 Monday, May 2 Tuesday, May 3 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 11:00 a.m.to 5:00 p.m. 7:00 a.m. to 7:00 p.m. 7:00 a.m. to 7:00 p.m. Quuject to change oy uenton county TENTATIVE TARRANT COUNTY *Early voting by personal appearance will be conducted at: Days and Hours designated by Tarrant County: Monday, April 25 Tuesday, April 26 Wednesday, April 27 Thursday, April 28 Friday, April 29 Saturday, April 30 Sunday, May 1 Monday, May 2 Tuesday, May 3 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 7:00 a.m, to 7:00 p.m. 11:00 a. m.to 4:00 p.m. 7:00 a.m. to 7:00 p.m. 7:00 a.m. to 7:00 p.m. ouuject to cnange ny i arrant county