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ORD 2004-20� � , 1 t� TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2004-20 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT ELECTION BETWEEN THE TOWN OF TROPHY CLUB, TEXAS ("TOWN") AND DENTON COUNTY ("COUNTY") WITH TOWN CALLING A SPECIAL ELECTION TO SUBMIT TO THE RESIDENT QUALIFIED VOTERS OF THE TOWN OF TROPHY CLUB A PROPOSITION RELATING TO THE ADOPTION OF THE PROPOSED HOME RULE CHARTER FOR THE TOWN AND WITH COUNTY CALLING A GENERAL ELECTION; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING AN ELECTION NOTICE; PROVIDING FOR THE ADMINISTRATION OF A JOINT ELECTION; APPROVING THE TERMS AND CONDITIONS OF A CONTRACT FOR ELECTION SERVICES WITH COUNTY; DESIGNATING THE DATE OF THE ELECTION; IDENTIFYING THE PURPOSE OF THE ELECTION AND PROVIDING BALLOT LANGUAGE; DESIGNATING THE TOWN ELECTION PRECINCT, POLLING PLACE AND HOURS FOR ELECTION DAY; PROVIDING FOR THE COMPENSATION OF ELECTION JUDGES AND CLERKS; PROVIDING THE METHOD OF VOTING; PROVIDING GOVERNING LAW; QUALIFIED VOTERS; REQUIRING PUBLICATION AND POSTING OF NOTICE; PROVIDING FOR EARLY VOTING; PROVIDING FOR DELIVERY OF RETURNS; PROVIDING FOR CANVASSING OF RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 9.001 of the Texas Local Government Code and Article 11, Section 5 of the Texas Constitution, the Town of Trophy Club, Texas (the "Town") is authorized to adopt or amend a municipal charter; and WHEREAS, a Charter Commission (the "Commission") was formed pursuant to Section 9.002 of the Texas Local Government Code to frame a Home Rule Charter (the "Charter"); and WHEREAS, the Commission has completed its work and submitted the Charter to the Town; and WHEREAS, the Commission and the Town Council find that it is impracticable to separate each subject so as to permit a vote of "yes" or "no" on the same, for the reason that the Charter is so constructed that in order to enable it to work and function, it is necessary that it should be adopted in its entirety; and Page 1 of 7 WHEREAS, The Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 61" day before election day; and WHEREAS, the Town Council desires to hold a joint election with Denton County and to enter into a Contract for Election Services whereby the special election will be administered by the Denton County Elections Administrator; and WHEREAS, by the passage of this Ordinance, it is the intention of the Town Council to (i) set the ballot proposition for the voters regarding the adoption of the home rule charter; (ii) designate the polling places for early voting, (iii) appoint the Denton County Elections Administrator as the entity responsible for conducting the election, (iv) establish and set forth that this shall be a joint election with the County of Denton, and (v) enter into the Contract for Election Services to conduct the joint election. NOW, THE, 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. SECTION 2 ELECTION NOTICE The Town Council hereby orders the Town Secretary to mail a copy of the Charter to each registered voter of the Town as appears from the latest certified list of registered voters not less than thirty (30) days prior to the Election. SECTION 3 ADMINISTRATION OF JOINT ELECTION The Town Council hereby calls a Joint Election with Denton County. The Election, including early voting, delivery of ballots and preservation of election records, shall be administered by the Denton County Elections Administrator, who shall have the responsibility to conduct the election as set forth in the Contract for Election Services between the Town and Denton County, a copy of which is attached hereto and incorporated herein as Exhibit "A". SECTION 4 APPROVAL OF JOINT ELECTION AGREEMENT The Town Council hereby approves the terms and conditions contained in the Contract for Election Services, Exhibit "A" hereto and authorizes the Town Manager or her designee to execute tine contract on behalf of the Town. Page 2 of 7 SECTION 5 DATE OF ELECTION It is hereby ordered that a Special Election (the "Election") shall be held in and throughout the Town of Trophy CIub on Tuesday, November 2, 2004, such date being a uniform election date as defined in Section 41.001 of the Texas Election Code (the "Code"). Pursuant to Section 9.003 of the Local Government Code, the Election shall occur on or after the fortieth (40`x') day after the date the Commission completed its work. SECTION G PURPOSE OF ELECTION/BALLOT LANGUAGE The purpose of such Special Election is to vote for or against the adoption of the proposed home rule charter. At the Election the following will be on the ballot: [ ] For ADOPTION OF THE PROPOSED HOME RULE CHARTER [ ] Against ADOPTION OF THE PROPOSED HOME RULE CHARTER SECTION 7 TOWN ELECTION PRECINCT, POLLING PLACE, AND HOURS FOR ELECTION DAY The corporate limits of the Town of Trophy Club, Texas shall constitute one (1) election precinct for the municipal election. The polling place for the EIection shall be the Trophy Club Municipal Building, 100 Municipal Drive, Trophy Club, Texas. In accordance with the Texas Election Code, such polling place shall be open between the hours of 7:00 a.m. and 7:00 p.m. on the date of the Election. SECTION S COMPENSATION OF THE GE AND CLERKS Compensation of all Judges and Clerics providing services during the election shall be in accordance with the terms specified in Exhibit "A". Any payment referred to in this Section shall not exceed the maximum amounts set forth in Sections 32.091 and 32.092 of the Texas Election Code. SECTION 9 METHOD OF VOTING The County Election Administrator is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the election. Voting at the Election shall be by use of electronic system ballots. Preparation of the official ballots for the Election shall conform to the requirements of the Texas Election Code, and in so doing shall permit the voter to vote for or against: ADOPTION OF THE PROPOSED HOME RULE CHARTER. Page 3 of 7 SECTION 10 GOVERNING LAW; QUALIFIED VOTERS The Election shall be held in accordance with the Constitution of the State of Texas, the Texas Local Government Code, and the Texas Election Code, and all resident, qualified electors of the Town shall be eligible to vote at the election. Election materials shall be printed in both English and Spanish for use at the polling place and for early voting for the Election. SECTION 11 PUBLICATION AND POSTING OF NOTICE Notice of the Election shall be given by posting a Notice of Election in both English and Spanish at the Trophy Club Municipal Utility Districts Building, on the bulletin board or other location used for posting notices of the meetings of the Town Council not Iater than twenty-one (21) days prior to the date upon which the Election is to be held, and by publication of such notice at least once in a newspaper published in the Town or if none, then in a newspaper of general circulation within the Town, the date of such publication to be not less than ten (10) days nor more than thirty (30) days prior to the date set for the Election. Upon publication of the election notice, the Town Secretary shall secure a publisher's affidavit which complies with the requirements of the Texas Election Code. In addition, a copy of the notice shall also be filed with the Town Secretary at least twenty-one (21) days before the Election. SECTION 12 EARLY VOTING Early voting by personal appearance shall be conducted by the County Election Administrator, who is hereby appointed the Early Voting Clerk. Early Voting shall occur on the dates and times and at the locations in accordance with the following: Aubrev Community Center, 408 N. Main, Aubrey, Texas; Justin Municipal Building, 415 N. College, Justin, Texas; Sandy Jacobs Government Center, 1029 Rosemeade Parkway, Carrollton, Texas; The Colony Government Center, 6301 Main Street, The Colony, Texas; Highland Village City Hall, 1000 Highland Village Road, Highland Village, Texas; Flower Mound Police and Courts Building, 4150 Kirkpatrick, Flower Mound, Texas; Lewisville Municipal Annex, 1197 W. Main Street, Lewisville, Texas; Franlcford Town Houses IS 110 Marsh Lane, Dallas; Joseph A. Carroll Administration Building, 401 W. Hickory Street, Denton, Denton City Hall, 215 E. McKinney Street, Denton; Lake Dallas City Hall, 212 Main Street, Lake Dallas, Texas. The above-Iisted polling locations shall be open during the following hours: Monday, October 18, through Friday, October 22, from 8:00 a.m. to 5:00 p.m.; Saturday, October 23, from 7:00 a.m. to 7:00 p.m.; Sunday, October 24, from 1:00 p.m. to 6:00 p.m.; Page 4 or 7 Monday, October 25 through Friday, October 29, from 7:00 a.m. to 7:00 p.m. The following early voting locations shall be open only during the times as listed: Trophy Club MUD, 100 Municipal Drive, Trophy Club, Texas: Monday, October 18 through Friday, October 22, from 8:00 a.m. to 5:00 p.m., Saturday, October 23, from 7:00 a.m. to 7:00 p.m., and Sunday, October 24, from 1:00 p.m. to 6:00 p.m., Monday, October 27 through Friday, October 29, from 8:00 a.m. to 5:00 p.m. Roanoke Community Center, 312. S. Walnut Street, Roanoke, Texas: Monday, October 18, throuID gh Friday, October 22, from 8:00 a.m. to 5:00 p.m.; Saturday, October 23, from 7:00 a.m. to 7:00 p.m.; Monday, October 25 through Friday, October 29, from 7:00 a.m. to 7:00 p.m. Sanger First Baptist Church, 708 S. 5t1' Street, Sanger, Texas: Monday, October 18 through Friday, October 22, from 8:00 a.m. to 5:00 p.m.; Saturday, October 23, from 7:00 a.m. to 7:00 p.m.; Monday, October 25 and Tuesday, October 26, from 7:00 a.m, to 7:00 p.m.; Wednesday, October 27, from 7:00 a.m. to 5:00 p.m.; Thursday, October 28 and Friday, October 29, from 7:00 a.m. to 7:00 p.m. Application for early voting by mail shall be delivered to Early Voting Clerk at 400 W Hickory, Denton, Texas 76201 not earlier than September 3, 2004 and not later than the close of regular business in the Early Voting Clerk's office or 12:00 p.m., whichever is later, on October 26, 2004. Early voting, both by personal appearance and by mail, shall be by use of electronic system ballots, which ballots shall conform to the requirements of the Texas Election Code. The Early ballots shall be canvassed as specified in Exhibit "A". SECTION 13 DELIVERY OF RETURNS Election returns shall be processed in accordance with Exhibit "A". SECTION 14 CANVASSING OF RETURNS In accordance with the Texas Election Code, the Town Council shall convene on November 15, 2004 at 7:00 p.m. to canvass the returns of the Election. SECTION 15 NECESSARY ACTIONS The Mayor, Town Council, and Town staff, 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 Texas Election Code and all other applicable laws in carrying out and conducting the Election, whether or not expressly authorized herein. Page 5 of 7 SECTION 16 CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of Ordinances of the Town of Trophy Club, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 17 SEVERABILITY CLAUSE 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 18 PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption and Effective Date of this Ordinance as required by Section 52.011: of the Texas Local Government Code. SECTION 19 ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date in the minutes of the Town Council and by filing this Ordinance in the Ordinance records of the Town. SECTION 20 EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication in accordance with law. AND IT IS SO ORDAINED PASSED AND APPROVED by the Town Council ��thcown,�tropily lub, Texas this 30`h day of August, 2004 n A IF own of Trophy Club, Texas Pacre 6 of 7 ATTEST: Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas Page 7 of 7 THE STATE OF TEXAS II CONTRACT FOR COUNTY OF DENTON ELECTION SERVICES TOWN OF TROPHY CLUB BY THE TERMS OF THIS CONTRACT made and entered into by and between the Town of Trophy Club, as duly authorized by the Town Council hereinafter referred to as the Council, serving by and through its Mayor, as duly authorized by the Council, and DENTON COUNTY, TEXAS, acting by and through its Elections Administrator hereinafter referred to as the Contracting Officer, pursuant to the authority of Section 31.091, of the Texas EIection Code, agree to the following particulars in regard to coordination, supervision and running of the Town of Trophy Club, November 2, 2004, Town Charter Election in Denton County. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station if required and judge of the Early Voting Balloting Board. a. The Contracting Officer shall be responsible for notification of each election day and early voting presiding judge and alternate judge of his or her appointment. The presiding election judge of each polling place will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the early voting ballot board. The Contracting Officer with the approval of the Council shall utilize election judges appointed by the Denton County Commissioners Court. b. The Contracting Officer shall compensate each election judge and worker. Each judge and worker shall receive compensation per hour for services rendered based on rates set by Denton County Commissioners Court. C. Election Judges shall attend the Contracting Officer's school of instruction (.Elections Seminar) to be held Saturday, October 30, 2004, in the Denton County Administration Building, 401 West Hickory, Denton 76201 at 9:00 a.m. d. Election judges shall be responsible for picking up and returning election supplies. Compensation for this pickup and return will be $25.00. -1- B. The Contracting Officer shall procure, prepare, and distribute ballots, election kits and election supplies. a. The Contracting Officer shall secure election kits that include the legal documentation required to hold an election and all supplies including locks, pens, magic markers, etc. E The Contracting Officer shall secure all tables, chairs, duplication ballots, and Iegal documentation required to run to the central counting station and/or early voting ballot board. C. The Contracting Officer shall provide all lists of registered voters required for use on election day and for the early voting period required by law. The election day list of registered voters shall be arranged in alphabetical order by polling place in lieu of alphabetic by each precinct in each polling place. The Contracting Officer may use the computer database for the list of registered voters during early voting. d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. 1. Equipment includes the rental of voting machines, ballot boxes, transfer cases, voting signs, and directional poles and tote boxes. 2. Supplies include ballots, sample ballots, early voting mail ballots, sample ballots, pens, tape, markers, etc. C. The EIections Administrator of Denton County, Texas, shall be appointed the Early Voting Cleric by the Town of Trophy Club for the election in Denton County. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Clerks. b. Early Voting by personal appearance for the Town of Trophy Club, November 2, 2004, Election in Denton County shall be conducted on weekdays beginning Monday, October 18, 2004, and continuing through Friday, October 22, 2004, between the hours of 5:00 prn and 5:00 pm October 23, 2004, 7:00 am to 7:00 pm and October 24, 2004, 1:00 pm to 6:00 pm; October 25 through October 29, 8:00 am to 5:00 pm. Locations and times of voting by personal appearance shall be as per Denton County Elections Memo at Annex B. C, All applications for an Early Voting mail ballot shall be received and processed by the Denton County EIections Administration Office, P.O. Box 1720, Denton, Texas 76202. 1. Applications for mail ballots erroneously mailed to the Town of Trophy Club shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention 2. All Federal Post Card applications (FPCA) will be sent a mail ballot. No postage is required. -2- d. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be. TBA . The Board shall meet for preparation of the early voting ballots on Friday, October 29, 2001, at 9:00 A.M. They will recess and continue the preparation process and begin tabulation after the mail is received on Monday, November 1, 2004, at 8:30 a.m. D. The Contracting Officer shall arrange for the use of all Election Day polling places. The Town of Trophy Club shall assume the responsibility of remitting 50% of the cost of all employee services required to provide access, provide security, or provide custodial services for the polling locations. E. The Contracting Officer shall be responsible for establishing and operating the Central Counting Station if required to receive and tabulate the voted ballots in accordance with Section 127.000 of the Election Code and of this agrcement. Counting Station Manager shall be the Elections Administrator of Denton County, Texas. The Tabulation Supervisor and Tabulation Operator shall be provided by the Denton County Elections Administration Office and paid as a contract expense. a. The tabulation supervisor shall prepare, test and run the county's tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted on Friday, October 29, 2004, at 10:00 A.M., by the Contracting Officer. C. Election night reports will be faxed to the Town Secretary on election night. The early vote count will be sent approximately 7:10 pm. The election day count will be sent as updates are processed until all votes have been received. The last report will indicate a "final report". d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the Town Secretary as soon as possible after all returns have been tallied. e. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 22 months. 1. Pending no litigation and as prescribed by law, the voted and unused ballots shall be shredded or recycled 22 months after the election. 2. The Council can obtain the list of registered voters from the Elections Administration Office during this retention period. Pending no litigation and if the Council does not request the lists, the Contracting Officer shall destroy them 22 months after the election. f. The Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the Council in a timely manner. The Secretary of State may waive this requirement. If applicable, a written -3- report shall be submitted to the Secretary of State as required by Section 127.201(c) of the aforementioned code. II. Duties and Services of the Council. The Town shall assume the following responsibilities: A. The Town, acting by and through the Town Secretary, shall prepare the election orders, resolutions, notices, justice department submissions, official canvass and other pertinent documents for adoption by the appropriate office or body. a. The Contracting Officer shall publish and post the Notice of the Public Logic and Accuracy Test of the electronic voting system and one press release. The Contracting Officer shall also prepare a certification of tabulation and an unofficial canvass reports that will assist the Council with the official canvass. b. The Town Secretary assumes the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day. B. The Council shall provide the Contracting Officer with the ballot wording and Spanish interpretation. a. The Town Secretary shall deliver to the Contracting Officer as soon as possible, but no later than noon Friday, September 3, 2004, the official wording for the Council's November 2, 2004, Election. b. The Town Secretary shall approve the "blue line" ballot format prior to the final printing. C. The Town Secretary shall post the publication of election notice by the proper methods with the proper media. D. The Town Secretary shall prepare and submit to the U.S. Department of Justice under the Federal Voting Rights act of 1965, any required submissions on voting changes. E. The Town shall compensate the Contracting Officer for any additional election costs incurred in the process of running this election or for a re-count this election may require. F. The Town shall pay a prorated cost of conducting the said election, including the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. G. The Town Secretary shall provide the Contracting Officer with a "final" list of the jurisdictions allowed to vote in this election. This list will be provided to the Contracting Officer not later than September 3, 2004. III. Cost of Services. Costs of services will be prorated for ballots based on Town of Trophy Club precincts voting. Costs of labor and election supplies will be split 50150 with Denton County with the exception of the pay for election workers on Saturday, October 23, 2004 and Sunday -4- October 24, 2004. On those two days the Town will pay for one (1) election worker. See Annex A attached. IV. General Provisions. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the Council's November 2, 2004, Special Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the Council. C. If the Council cancels their election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee of $75. An entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the November 2, 2004, Special Election. D. The Contracting Officer shall file copies of this contract with the County .fudge and the County Auditor of Denton County, Texas. WITNESS BY MY HAND THIS THE 7 DAY OF 2004. O jROPjy DENTON COUNTY, TEXAS a DON ALEXANDER lr Denton County Elections Administrator Denton County, Texas WITNESS BY MY HAND THIS THE DAY OF '2004. yor, Town of Trophy Club, -5-