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ORD 2010-14TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2010-14 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 HELD ON MAY 8, 2010 AS SUCH RETURNS RELATE TO THE ELECTION OF ONE (1) COUNCIL MEMBER FOR PLACE #3 FOR A TWO (2) YEAR TERM AND ONE (1) COUNCIL MEMBER FOR PLACE #4 FOR A TWO (2) YEAR TERM AND ONE (1) COUNCIL MEMBER FOR PLACE #5 FOR A THREE (3) YEAR TERM TO THE TOWN OF TROPHY CLUB TOWN COUNCIL; ORDERING AND CALLING A SPECIAL ELECTION FOR THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER TO SERVE A ONE (1) YEAR TERM IN ORDER TO COMPLETE THE REMAINDER OF THE TERM OF OFFICE FOR PLACE #2 CREATED BY A VACANCY IN PLACE #2 ON THE TROPHY CLUB TOWN COUNCIL; AND ORDERING AND CALLING A SPECIAL ELECTION WITH A COMBINED BALLOT PURSUANT TO SECTION 321.409 OF THE TEXAS TAX CODE TO DETERMINE WHETHER THE CITIZENS DESIRE TO REAUTHORIZE 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; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE CONFIRMATION OF VOTE TABULATIONS; IDENTIFYING THE OFFICIALS ELECTED AND TERMS OF OFFICE; AUTHORIZING THE ISSUANCE OF CERTIFICATES OF ELECTION; AUTHORIZING THE ISSUANCE OF THE CANVASS OF THE JOINT GENERAL AND SPECIAL ELECTION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 15, 2010, the Town Council of the Town of Trophy Club, Texas (the "Town") passed and approved Ordinance No. 2010-05, which ordinance was subsequently amended and supplemented by Ordinance No. 2010-05-A, which ordinances cumulatively ordered a Joint General and Special Election of the Town of Trophy Club, Texas, for the purpose of electing one (1) Council member for Place #3 for a two (2) year term and one (1) Council member for Place #4 for a two (2) year term and one (1) Council member for Place #5 for a three (3) year term to the Town of Trophy Club Town Council ; and to elect one (1) Council member for Place #2 for a one (1) year term in order to complete the remainder of the term of office for Place #2 created by a vacancy on the Trophy Club Town Council; and to hold an election with a combined ballot pursuant to Section 321.409 of the Texas Tax Code to determine whether the citizens desire to reauthorize the local sales and use tax in the Town of Ord . 2010-14 (File 102010-259) .. Trophy Club at the rate of Y-a of one percent (.25) to provide revenue for maintenance and repair of municipal streets; and WHEREAS, the appropriate authority of the Town heretofore caused to be posted and published, in accordance with the e,lection laws of the State of Texas, notice of the Joint General and Special Election; and WHEREAS, the Joint General and Special Election was duly and legally held on May 8, 2010, in the Town and in conformity with the election laws of the State of Texas, and the results of the Joint General and Special Ellection, 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, and as such returns are related to the election of one (1) Council member for Place #3 for a two (2) year term, one (1) Council member for Place #4 for a two (2) year term , one (1) Council member for Place #5 for a three (3) year term to the Town of Trophy Club Town Council; and to elect one (1) Council member for Place #2 for a one (1) year term in order to comp,lete the remainder of the term of office for Place #2 created by a vacancy on the Trophy Club Town Council; and to the reauthorization of a local sales and use tax in the Town of Trophy Club at the rate of Y-a of one percent (.25) to provide revenue for maintenance and repair of municipal streets have been presented to the Town Council acting in its capacity as the Canvassing Board; and WHEREAS, the Town Council has considered the returns of the Joint General and Special Election, including the returns of early voting ballots in connection therewith, and as such returns are related to the election of one (1) Council member for Place #3 for a two (2) year term, one (1) Council member for Place #4 for a two (2) year term , one (1) Council member for Place #5 for a three (3) year term to the Town of Trophy Club Town Council; and to elect one (1) Council member for Place #2 for a one (1) year term in order to complete the remainder of the term of office for Place #2 created by a vacancy on the Trophy Club Town Council; and to the reauthorization of a local sales and use tax in the Town of Trophy Club at the rate of Y-a of one percent (.25) to provide revenue for maintenance and repair of municipal streets; and WHEREAS, the returns of the Joint General and Special Election, including the returns of early voting ballots, duly and legally made, showed that there were cast at the Election the following valid and legal votes: ELECTION TOTAL EARLY VOTING VOTES CAST (including mail ballots) TOTAL VOTES CAST AT POLL ON ELECTION DAY TOTAL VOTES CAST General/JoinUSpecial Election 796 514 1310 Ord . 2010-14 (File ID 2010-259) 2 ; and WHEREAS, the returns of the Joint General Election, including the returns of the early voting ballots, duly and legally made, showed that each of the candidates for the office of Council Member for Place #3, for the office of Council Member for Place #4, and for the office of Council Member for Place #5 on the Town of Trophy Club Town Council, received the following votes: TOWN OF TROPHY CLUB ONE COUNCIL MEMBER FOR PLACE 3 FOR TWO (2) YEAR TERM NAME OF CANDIDATE TOTAL NUMBER OF EARLY VOTING VOTES RECEIVED TOTAL NUMBER OF VOTES RECEIVED AT POLL ON ELECTION DAY TOTAL NUMBER OF VOTES RECEIVED Susan Edstrom 321 237 558 Margi Cantrell 422 246 668 TOWN OF TROPHY CLUB ONE COUNCIL MEMBER FOR PLACE 4 FOR TWO (2) YEAR TERM NAME OF CANDIDATE TOTAL NUMBER OF EARLY VOTING VOTES RECEIVED TOTAL NUMBER OF VOTES RECEIVED AT POLL ON ELECTION DAY TOTAL NUMBER OF VOTES RECEIVED Karen M. Passiak 307 199 506 Larry Hoover 348 212 560 TOWN OF TROPHY CLUB ONE COUNCIL MEMBER FOR PLACE 5 FOR THREE (3) YEAR TERM NAME OF CANDIDATE TOTAL NUMBER OF EARLY VOTING VOTES RECEIVED TOTAL NUMBER OF VOTES RECEIVED AT POLL ON ELECTION DAY TOTAL NUMBER OF VOTES RECEIVED Glenn Strother 490 324 814 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. 2010-14 (File 10 2010-259) 3 WHEREAS, the returns of the Special Election, including the returns of the early voting ballots, duly and legally made, showed that each of the candidates for the office of Council Member for Place #2 on the Town of Trophy Club Town Council received the following votes: TOWN OF TROPHY CLUB ONE COUNCIL MEMBER FOR PLACE 2 FOR ONE (1) YEAR UNEXPIRED TERM NAME OF CANDIDATE TOTAL NUMBER OF EARLY VOTING VOTES RECEIVED TOTAL NUMBER OF VOTES RECEIVED AT POLL ON ELECTION DAY TOTAL NUMBER OF VOTES RECEIVED Michael Zerger 65 49 114 J.D. Stotts 440 260 700 Bob Radder 149 95 244 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 e 'lected; and 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, 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 percent (0.25%) to continue providing revenue for maintenance and repair of municipal streets. TOTAL NUMBER OF EARLY VOTING VOTES RECEIVED TOTAL NUMBER OF VOTES RECEIVED AT POLL ON ELECTION DAY TOTAL NUMBER OF VOTES RECEIVED For 579 366 945 Against 145 88 233 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 Ord. 2010-14 (File ID 2010-259) 4 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 as related to the election of one (1) Council Member to Place #2 for a one (1) year term to fill a vacancy on the Trophy Club Town Council , the election of one (1) Council Member to Place #3 for a two (2) year term on the Trophy Club Town Council, the election of one (1) Council Member to Place #4 for a two (2) year term on the Trophy Club Town Council , and the election of one (1) Council Member to Place #5 for a three (3) year term on the Trophy Club Town Council, and 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 Council Members elected on May 8, 2010, and the corresponding terms of office, subject to the taking of the oaths of office as required by State Law, are as follows: OFFICE TERM NAME Council Member Place 2 One (1) Year J.D . Stotts Council Member Place 3 Two (2) Years Margi Cantrell Council Member Place 4 Two (2) Years Larry Hoover Council member Place 5 Three (3) Years Glenn Strother Section 4 . Issuance of Certificates of Election . The Mayor is hereby authorized and directed to execute and deliver Certificates 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 945 in favor to 233 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 Ord. 2010-14 (File 102010-259) 5 tax. Section 7. Issuance of Canvass of General Election. 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 notlify 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 .. 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 1ih day of May, 2010. Town of Trophy Club, Texas Effective May17,2010 Date: ATTEST: own Secretary, Lisa Hennek Town of Trophy Club, Texas APPROVED AS TO FORM: own Attorney, Patricia Adams Town of Trophy Club, Texas Ord. 2010-14 (File 102010-259) 6 EXHIBIT "A" TOWN OF TROPHY CLUB, TEXAS CANVASS OF JOINT GENERAL AND 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 17'h day of May, 2010 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 , 2010, at the Trophy Club Town Hall Building, 100 Municipal Drive, Trophy Club, Texas, as such returns related to the election of one (1) Council Member to Place #2 for a one (1) year term to fill a vacancy on the Trophy Club Town Council, the election of one (1) Council Member to Place #3 for a two (2) year term on the Trophy Club Town Council, the election of one (1) Council Member to Place #4 for a two (2) year term on the Trophy Club Town Council, and the election of one (1) Council Member to Place #5 for a three (3) year term 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. I DO HEREBY CERTIFY that the figures on the tally sheets hereto attached as Exhibit "A-1" 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 17'h day of May, 2010. (Seal) Mayor and Presiding Officer of the Canvassing Authority Trophy Club, Texas Ord. 2010-14 (File 10 2010-259) 7