Agenda Packet TC 08/12/2013Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom5:30 PMMonday, August 12, 2013
SPECIAL CALLED MEETING
CALL TO ORDER AND ANNOUNCE A QUORUM
1.2013-475-T Consider and take appropriate action regarding the approval of an Ordinance
ordering and calling a Special Election for the Town of Trophy Club to be held
on November 5, 2013 for the purpose of electing one (1) Council Member for
Place #6 for an initial term expiring May, 2016 in accordance with the law;
providing for canvassing of returns; providing for a runoff election as
necessary; adopting provisions relative to publication and other matters
necessary to conduct the election; and providing an effective date.
ORD 2013-20 Calling November 2013 Election.pdf
Exhibit A to Ordinance 2013-20.pdf
Attachments:
ADJOURN
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on 8-9-13 by 5:00 P.M. in
accordance with Chapter 551, Texas Government Code.
______________________________________________
Amy M. Piukana, TRMC
Town Secretary
Town of Trophy Club
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance, and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2013.
________________________________, Title: ___________________________
Town Council Special Called Meeting 1 of 12 August 12, 2013
August 12, 2013Town Council Meeting Agenda
Town Council Special Called Meeting 2 of 12 August 12, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-475-T Name:
Status:Type:Agenda Item Draft
File created:In control:8/7/2013 Town Council
On agenda:Final action:8/12/2013
Title:Consider and take appropriate action regarding the approval of an Ordinance ordering and calling a
Special Election for the Town of Trophy Club to be held on November 5, 2013 for the purpose of
electing one (1) Council Member for Place #6 for an initial term expiring May, 2016 in accordance with
the law; providing for canvassing of returns; providing for a runoff election as necessary; adopting
provisions relative to publication and other matters necessary to conduct the election; and providing
an effective date.
Attachments:ORD 2013-20 Calling November 2013 Election.pdf
Exhibit A to Ordinance 2013-20.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the approval of an Ordinance ordering and calling a Special
Election for the Town of Trophy Club to be held on November 5, 2013 for the purpose of electing one (1)
Council Member for Place #6 for an initial term expiring May, 2016 in accordance with the law; providing for
canvassing of returns; providing for a runoff election as necessary; adopting provisions relative to publication
and other matters necessary to conduct the election; and providing an effective date.
Town Council Special Called Meeting 3 of 12 August 12, 2013
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2013-20
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 NOVEMBER 5, 2013 FOR THE PURPOSE OF ELECTING
ONE (1) COUNCIL MEMBER FOR PLACE #6 TO THE TROPHY CLUB
TOWN COUNCIL FOR AN INTITIAL TERM EXPIRING IN
ACCORDANCE WITH THE LAW UPON THE CANVASSING OF THE
MAY, 2016 ELECTION; 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; 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 A JOINT ELECTION
AGREEMENT WITH DENTON COUNTY; 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 first Tuesday after the first Monday in November 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, pursuant to Article III, Section 3.01 of the Town’s Home Rule
Charter, the Town Council desires to and hereby calls a Special Election for the
purpose of electing one (1) Council member for Place #6 for an initial term of office
expiring in accordance with State law upon the canvassing of the May, 2016 election;
and
WHEREAS, Section 3.005 of the Texas Election Code provides that an election
ordered by an authority of a political subdivision to be held on the date of the general
Town Council Special Called Meeting 4 of 12 August 12, 2013
election for state and county officers shall be ordered not later than the 78th 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 for the purpose of having Denton County provide election services for both the
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 “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 by reference as Exhibit “B” upon its final approval
and execution by the Town; 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;
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.
SECTION 2
DATE OF ELECTION
It is hereby ordered that a Special Election (the "Election") shall be held in and
throughout the Town of Trophy Club on Tuesday, November 5, 2013 using a combined
ballot.
SECTION 3
PURPOSE OF ELECTION
3.1 Special Election. The purpose of the Special Election is to elect one (1) Council
member for Place #6 to the Town of Trophy Club Town Council for an initial term
expiring in accordance with State law upon the canvassing of the May, 2016 election
pursuant to Article III, Section 3.01 of the Town’s Home Rule Charter.
Town Council Special Called Meeting 5 of 12 August 12, 2013
SECTION 4
ELIGIBILITY FOR CANDIDACY
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 Article III of the Town Charter as follows:
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.
SECTION 5
APPLICATION FOR A PLACE ON THE BALLOT
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 August 13, 2013 and not later than 5:00 p.m. on September 4,
2013. 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.
Town Council Special Called Meeting 6 of 12 August 12, 2013
SECTION 6
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, due to legal action pending in
Court, the runoff election date has tentatively been set for December 10, 2013.
SECTION 7
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 are set
forth in Exhibit “A”, a copy of which is attached hereto and incorporated herein.
Exhibit “A” 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 “A” may be changed
without further action of the Town Council if so directed by the Elections Administrator
for Denton 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 the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas.
The Elections Administrator is 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.
SECTION 8
ELECTIONS ADMINISTRATION
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
Town Council Special Called Meeting 7 of 12 August 12, 2013
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 “A” 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.
SECTION 9
COMPENSATION
Compensation for election judges and alternate judges for their service in the Election
shall be determined by the Elections Administrator. E-slate, a Direct Record Electronic
(DRE) System shall be used for early voting by personal appearance, and in the
November 5, 2013 election at Denton County Polling Sites. Paper ballots, which are
optically scanned, shall be used for early voting by mail. In the November 5, 2013
election, the 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 10
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 11
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 12
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
Town Council Special Called Meeting 8 of 12 August 12, 2013
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.
SECTION 13
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 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 such
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.
SECTION 14
CANVASS OF ELECTION
Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass
the election not earlier than November 13, 2013 and not later than November 18, 2013.
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 15
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 16
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.
Town Council Special Called Meeting 9 of 12 August 12, 2013
SECTION 17
ELECTION CONTRACTS
The Town Manager or the Town Manager’s designee is authorized to amend or
supplement the Contract to the extent required for the Election to be conducted in an
efficient and legal manner as determined by the Elections Administrator. Attached and
incorporated herein as Exhibit “B” is a copy of a joint election agreement between the
Town and the Denton County Elections Department.
SECTION 18
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 19
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 12th day of August, 2013.
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST: APPROVED AS TO FORM:
Amy Piukana, Town Secretary
Town of Trophy Club, Texas
[SEAL]
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council Special Called Meeting 10 of 12 August 12, 2013
EXHIBIT “A”
Town Council Special Called Meeting 11 of 12 August 12, 2013
Exhibit “A”
November 5, 2013 Special Election
Early Voting Dates & Times
(Additional early voting locations will be identified in the final contract executed with the
Denton County Elections Administrator and will be posted once it becomes available.)
Early Voting locations will be at Svore Municipal Building located at 100 Municipal Drive,
Trophy Club, TX 76262 and Denton/Tarrant County registered voters may early vote at any
Denton County Election Polling Site during Early Voting.
Early voting by personal appearance begins: (Svore Municipal Building)
Monday, October 21 thru Saturday, October 26, 2013 (8a.m. to 5p.m.)
Monday, October 28, 2013 thru Wednesday, October 30, 2013 (8a.m. to 5p.m.)
Thursday, October 31, 2013 thru Friday, November 1, 2013 (7a.m. to 7p.m.)
Main Early Voting location:
Denton County Elections, 701 Kimberly Drive, Denton , Texas 76208
November 5, 2013 - ELECTION DAY - Voting will be held 7 a.m. to 7 p.m.
(Svore Municipal Building, 100 Municipal Drive, Trophy Club, TX 76262)
Town Council Special Called Meeting 12 of 12 August 12, 2013