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ORD 2012-15TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2012-15 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING SPECIAL ELECTION FOR THE TOWN OF TROPHY CLUB TO BE HELD ON NOVEMBER 6, 2012; PROVIDING FOR AN ELECTION ON A MEASURE FOR THE PURPOSE OF REDUCING THE SALES TAX RATE OF THE TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION 4A FROM THE CURRENT RATE OF ONE-HALF OF ONE PERCENT (0.5%) TO THE RATE OF ONE-FOURTH OF ONE PERCENT (0.25%), AND FOR THE PURPOSE OF INCREASING THE SALES TAX RATE OF THE TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION 4B FROM THE CURRENT RATE OF ONE-FOURTH OF ONE PERCENT (0.25%) TO THE RATE OF ONE- HALF OF ONE PERCENT (0.5%); 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 FOR THE INCORPORATION BY REFERENCE OF A JOINT ELECTION AGREEMENT WITH DENTON COUNTY; PROVIDING FOR THE INCORPORATION BY REFERENCE OF A JOINT ELECTION AGREEMENT WITH TARRANT 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 establishes the first Tuesday of 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 said meeting was given as required by Chapter 551, Texas Government Code, as amended; and WHEREAS, the Town Council desires to and hereby calls a Special Election on a measure proposing to reduce the local sales and use tax allocated to the Trophy Club Economic Development Corporation 48 from its current rate of 0.5% to a new rate of 0.25% and to increase the local sales and use tax allocated to the Trophy Club Economic Development Corporation 4B from its current rate of 0.25% to a new rate of 0.5%; and WHEREAS, Section 3.005 of the Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 62nd day before Election Day; and WHEREAS, Since the Town of Trophy Club is located in both Denton County and Tarrant County, the Town will contract with both counties for election services; 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 "Denton 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. Denton County has advised the Town that it will not submit a contract for Election Services until after August 20, 2012 when the determination of participating entities and cost per entity is available. The Denton Contract shall be submitted to the Town Council for review and approval, and after Council approval, the Denton Contract shall be incorporated herein by reference; and WHEREAS, The Election shall be conducted in accordance with the Code under the jurisdiction of the Tarrant County Elections Administration (the "Elections Administrator") pursuant to an Election Services Contract (the "Tarrant Contract") by and among Tarrant County Elections Administration ("TCEA"), and other participating entities, if any, described in the Contract between the Town and Tarrant County. Tarrant County has advised the Town that it will not submit a contract for Election Services until after August 20, 2012 when the determination of participating entities and cost per entity is available. The Tarrant Contract will be submitted to the Town Council for review and approval, and after Council approval, the Tarrant Contract shall be incorporated herein by reference; 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; and, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. An election (the "Election") shall be held in and throughout the Town of Trophy Club, on Tuesday, November 6, 2012, which date being not less than sixty-two (62) nor more than ninety (90) days from the date of this Ordinance, is a uniform election date as defined in the Texas Election Code, as amended (the "Code"). At the Election the following proposition (the "Proposition") shall be submitted: ORD 2012-15 Page 2 of 7 Proposition No.1 "The reduction of the local sales and use tax allocated to the Trophy Club Economic Development Corporation 4A from the current rate of one-half of one percent (0.5%) to a new rate of one-fourth of one percent (0.25%), and the increase of the local sales and use tax allocated to the Trophy Club Economic Development Corporation 4B from the current rate of one- fourth of one percent (0.25%) to a new rate of one half of one percent (0.5%) FOR [] AGAINST [ ]" Section 2. All resident, qualified voters of the Town shall be eligible to vote at the Election. Section 3. 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 both the Denton County Elections Administrator and Tarrant 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 or by the Elections Administrator for Tarrant 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 residents may vote at all early voting polling locations as designated and maintained by Tarrant County throughout the County. 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 4. 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, 401 West Hickory, Denton, Texas 76201. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the ORO 2012-15 Page 3 of7 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 "An hereto. The main early voting polling place is hereby designated to be Joseph A. Carroll County Administration Building, 401 West Hickory, Denton, Texas 76201. 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 "An 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 5. The Tarrant County Elections Administrator, Steve Raborn, 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, PO 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 in the Joint Agreement for Election Services with Tarrant County. The main early voting polling place is hereby designated to be Tarrant County Election 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 in the Joint Agreement for Election Services with Tarrant County; 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 6. 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 6, 2012 election at Denton County Polling Sites. Paper ballots, which are optically scanned, shall be used for early voting by mail. In the November 6, 2012 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 7. The Proposition shall be set forth substantially in the following form, so as to permit the voters to vote "FOR" or "AGAINST" the Proposition, which shall be set forth on the ballots in substantially the following form: ORO 2012-15 Page 4 of7 o FOR THE REDUCTION OF THE LOCAL SALES AND USE TAX ALLOCATED TO THE TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION 4A FROM THE CURRENT RATE OF ONE-HALF OF ONE PERCENT (0.5%) TO A NEW RATE OF ONE-FOURTH OF ONE o AGAINST PERCENT (0.25%), AND THE INCREASE OF THE LOCAL SALES AND USE TAX ALLOCATED TO THE TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION 4B FROM THE CURRENT RATE OF ONE-FOURTH OF ONE PERCENT (0.25%) TO A NEW RATE OF ONE-HALF OF ONE PERCENT (0.5%) Section 8. 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. Section 9. 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 10. 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 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 11. 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 said 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 12. Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass the election not earlier than November 14, 2012 and not later than November 19, 2012. 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 13. 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. ORO 2012-15 Page 5 of? Section 14. 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 15. The Town Manager or the Town Manager's designee is authorized to amend or supplement both the Tarrant Contract and the Denton Contract to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Elections Administrator. The Denton Contract and the Tarrant Contract shall be incorporated herein by reference upon approval of the Town Council. Section 16. 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 17. This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 20 th day of August, 2012. ATTEST: S annon DePrater, Town Secretary Town of Trophy Club, Texas [SEAL] ORD 2012-15 Connie White, Mayor Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Page 6 of7 EXHIBIT A 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 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. ORO 2012-15 NOTICE FOR EARLY VOTING Denton County Early voting by personal appearance will be conducted at: 100 Municipal Drive on the following: Monday, October 22 8:00 a.m. -5:00 p.m. Tuesday, October 23 8:00 a.m. -5:00 p.m. Wednesday, October 24 8:00 a.m. -5:00 p.m. Thursday, October 25 8:00 a.m. -5:00 p.m. Friday, October 26 8:00 a.m. -5:00 p.m. Saturday, October 27 7:00 a.m. -7:00 p.m. Monday, October 29 7:00 a.m. -7:00 p.m. Tuesday, October 30 7:00 a.m. -7:00 p.m. Wednesday, October 31 7:00 a.m. -7:00 p.m. Thursday, November 1 7:00 a.m. -7:00 p.m. Friday, November 2 7:00 a.m. -7:00 p.m. Page 7 of 7