ORD 1998-05TOWN OF TROPHY CLUB, TEAS
ORDINANCE NO. —_q_a_o_a
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS ORDERING AND
CALLING A SPECIAL ELECTION FOR MAY 2, 1998 FOR
THE PURPOSE OF ELECTING ONE (1) COUNCIL
MEMBER TO SERVE A ONE (1) YEAR TERM IN ORDER
TO COMPLETE THE TERM OF OFFICE CREATED BY A
VACANCY ON THE COUNCIL; DESIGNATING A
POLLING PLACE WITHIN THE TOWN; APPOINTING A
PRESIDING ELECTION JUDGE AND AN ALTERNATE
PRESIDING ELECTION JUDGE; ESTABLISHING OTHER
PROCEDURES FOR THE CONDUCT OF THE ELECTION;
ESTABLISHING A DATE FOR CANVASSING RETURNS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 41.001 of the Texas EIection Code, as amended (the "Code")
specifies that the first Saturday in May shall be a uniform election date; and
WHEREAS, the Town Council has received a written resignation signed by Doug
Glaspell, a member of the Town Council, which provides that Mr. GlaspeIl's resignation is to
be effective on March 31, 1998, and the Town Council has accepted that resignation; and
WHEREAS, Section 201.023, Tex, Election Code, provides that if an officer submits
a resignation, whether to be effective immediately or at a future date, a vacancy occurs on the
date the resignation is accepted by the appropriate authority; and
WHEREAS, Section 22.010, Tex. Loc. Gov. Code, provides that when a vacancy on
the Council exists, a special election may be ordered to fill the vacancy; and
WHEREAS, Section 201.051, Tex. Election Code, provides that if a vacancy in office
is to be filled by special election, the election shall be ordered as soon as practicable after the
vacancy occurs; and
WHEREAS, Section 201.052, Tex. Election Code, provides that except as otherwise
provided by the Code, a special election to fill a vacancy shall be held on the first authorized
uniform election date occurring after the 30th day after the date the election is ordered; and
WHEREAS, on the first Saturday in May, 1998 and as a result of Mr. Glaspell's
resignation and the creation of a vacancy on the Council, the said date being after the 30th day
after the date of this Ordinance ordering the election, the Town Council desires to call an
election to fill that vacancy for the remainder of that term of office.
NOW, THEREFORE, BE IT ORDARdED BY THE ".GOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Inco oration of Preamble. All of the above premises are true and correct
and are incorporated into the body of this Ordinance as if copied herein in its entirety.
Section 2. Election D_ ate; Purpose of Election: Officers and Terms_ of Office, It is
hereby ordered that a special election shall be held in and throughout the Town on Saturday,
May 2, 1998, for the purpose of electing one (1) Council member to fill the vacancy on the
Council created by the resignation of Doug Glaspell as a member of the Council, and to serve
as a Council member for the remainder of the unexpired term of that office.
Section 3. Eli ibility for Candidacy. In accordance with the State law, no person shall
be eligible for the office of Council member unless that person is a United States citizen, at least
18 years of age on the first day of the term to be filled at the election, 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, is a qualified voter of the Town, and has resided in the Town for at least six (6)
months prior to the date of the regular filing deadline for a candidate's application for a place
on the ballot.
Section 4. Application for a Place on the Ballot. In accordance with Section 201.054
of the Texas Election Code (hereinafter, the "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 March
2, 1998 and not later than 5:00 P.M. on April 1, 1998. Each such application shall be on a
form as prescribed by the 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 Code. Notice of the time and place for such drawing shall be given in
accordance with the Code.
Section 5. Runoff Election. If two or more candidates for a particular office tie for the
number of votes required to be elected, there shall be a runoff election held on June 6, 1998.
The runoff election shall be held in accordance with the Code.
Section 6. Election Precinct: Polling Place: Election Hours. The corporate limits of the
Town shall constitute one (1) election precinct for the election. The polling place for the special
election shall be the Trophy Club Municipal Utility Districts Building, 100 Municipal Drive,
Trophy Club, Texas. In accordance with and pursuant to the requirements of the Code, said
polling place shall be open from 7:00 A.M. to 7:00 P.M. on the date of the election.
Section 7. Appointment of a Presiding EIection Judge and Alternate Presiding Election
Judge: Qualifications to Serve as ,Election _Judge: Confirmation of Appointments: Notice o_f
Appointments. The following named individuals, residing at the respective addresses, are hereby
appointed to serve as Presiding Election Judge and Alternate Presiding EIection Judge,
respectively, at the election:
PresidinElection Judge:
Name: Maureen Cotton
Address: 538 Timber Ridge Drive
Trophy Club, Texas 76262
Alternate Presiding Election Judge:
Name: Pepper Slusar
Address: 15 Riviera Court
Trophy Club, Texas 76262
All election judges shall be qualified voters of the Town. The Town Secretary shall, in
accordance with Section 32.009 of the Election Code, deliver to the Presiding Election Judge
notice of his appointment not later than twenty (20) days from the effective date of this
Ordinance.
Section 8. A nointment of Clerks. The Presiding Election Judge herein appointed shall
appoint not less than two (2) nor more than six (6) qualified election clerks to serve and assist
in the conduct of the election, provided, however, that if the Presiding Election Judge named
herein actually serves as expected, the Alternate Presiding Judge shall be one (1) of such clerks.
All election clerks shall be qualified voters of the Town.
Section 9. Com ensation of Election Jud es and Election Clerks, The Presiding Election
Judge, Alternate Presiding Election Judge and each Election Clerk shall be compensated at the
rate of $6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election
Judge shall also be paid the additional sunt of $25.00 for delivering the returns of the election.
Such payments shall not exceed the maximum amounts set forth in Sections 32.091 and 32.092
of the Code.
Section 10. Method of Votin . The Town Secretary 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 paper ballots. Preparation of the official ballots for the election shall
conform to the requirements of the Code, and in so doing shall permit the voter to vote for one
(1) Council member to complete the terra of office previously held by Doug Glaspell (the
remainder of the term of such office being, at the time of the election, a one (1) year term).
No elector shall vote for more than one (1) candidate to fill the vacancy.
Section 11. Governing- LawQualified Voters. The election shall be held in accordance
with the Constitution of the State of Texas and the Code, and all resident, qualified electors of
the Town shall be eligible to vote at the elution. In addition, the election materials enumerated
in the Code shall be printed in both English and Spanish for use at the polling place and for
early voting for the election.
Section 12. Publication and Postin of Notice. Notice of the election shall be given by
posting a notice of election in both English and Spanish at Town Hall, Trophy Club, Texas on
the bulletin board or other Iocation used for posting notices of the meetings of the Town Council
not less than twenty-one (21) days prior to the date upon which the election is to be held, and
by publication of said 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 said publication to be not less
than ten (10) days nor more than thirty (30) days prior to the date set for the election.
In addition thereto, a copy of the notice shall also be filed with the Town Secretary at
Ieast twenty-one (21) days before the election. Upon publication of the election notice, the
Town Secretary shall secure a publisher's affidavit which complies with the requirements of the
Election Code.
Section 13. Early Voting. Early voting by personal appearance shall be conducted by
the Town Secretary, who is hereby appointed the Early Voting Clerk, at 100 Municipal Drive,
Trophy Club, Texas. For the period earl voting for the election is permitted by law, the Early
Voting Clerk shall keep said office open okeach day except Saturday, Sunday, and official State
and/or national holidays, which hours shah be from 8:00 A.M. to 5:00 P.M., commencing on
Wednesday, April 15, 1998 and terminating on Tuesday, April 28, 1998. Early voting on a
Saturday or Sunday, if any, shall be conducted in accordance with the requirements of the Code.
Application for early voting by mail shall be delivered to the Early Voting CIerk at the
same address not earlier than March 2, 1998, and not later than the close of regular business in
the Early Voting Clerk's office or 12 noon, whichever is later, on April 24, 1998.
Early voting, both by personal appearance and by mail, shall be by use of paper ballots,
which ballots shall conform to the requirements of the Code, and in so doing shall permit the
voters to vote for one (1) Council member for a one (1) year term. No elector shall vote for
more than one (1) candidate for Council member for a one (1) year term. The Early ballots
shall be canvassed by the early Ballot Board, which is hereby created. The Presiding Election
Judge and the Alternate Presiding Election Judge appointed herein shall serve as the presiding
officer and the alternate presiding officer, respectively, of the Early Ballot Board. The other
election officers serving at the election shall serve as the other members of the Early Ballot
Board for the olection.
i f
Section 14. Delivery of Returns- Preservation of Election Records. In accordance with
Section 66.051 of the Code, immediately after the closing of the poll on the day of the election,
the election officers named in this Ordinance shall make and deliver the returns of the election
in quadruplicate as follows: one copy shall be retained by the Presiding Election Judge, one
copy shall be delivered to the Mayor of the Town, one copy shall be delivered to the voter
registrar, and one copy of the returns, together with the ballot boxes and all election supplies,
shall be delivered to the Town Secretary. !AII election records and supplies shall be preserved
by the Town Secretary in accordance with'the code.
Section 15. Canvassin of Returns. In accordance with the Code, the Town Council of
the Town shall convene on May 5, 1998 at 7:00 o'clock P.M. to canvass the returns of the
election.
Section 16. Necessa Actions. The Mayor, Town Manager 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 in carrying out and
conducting the election, whether or not expressly authorized herein.
Section 17. Effective Date. This Ordinance shall be in full force and effect from and
after its date of adoption.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this the - 2 r day of . — 4ax_c1L ._ _, 1998.
Town of Troph Club, Texas
ATTEST:
J)
Town Secretary, Town of Trophy Club
APPROVED AS TO FORM:
Town Att rney, Town of Trophy Club