ORD 1996-06TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 2 j��
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 GENERAL ELECTION HELD ON
MAY 4, 1996, FOR THE PURPOSE OF ELECTING THREE
(3) COUNCIL MEMBERS FOR TWO (2) YEAR TERMS
EACH, AND THE SALES AND USE TAX ELECTION IN
ACCORDANCE WITH SECTION 4B OF THE
DEVELOPMENT CORPORATION ACT OF 1979 (ART.
5190.6, V.T.C.S.) HELD ON MAY 4,1996; AUTHORIZING
ISSUANCE OF CERTIFICATES OF ELECTION WITH
RESPECT TO THE GENERAL ELECTION OF OFFICERS;
AUTHORIZING ISSUANCE OF CANVASS OF GENERAL
ELECTION AND THE SALES AND USE TAX ELECTION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 13, 1996, the Town Council of the Town of Trophy Club,
Texas (the "Town") passed and approved Ordinance No. 96-01, which Ordinance ordered a
general election (the "General Election") to be held on May 4, 1996, for the purpose of electing
three (3) council members for two (2) years terms each; and
WHEREAS, on February 13, 1996 the Town Council also passed and approved
Ordinance No. 96-02 calling an election for the purpose of submitting a proposition pertaining
to the levy and collection of a one-half of one percent sales and use tax to be used for certain
purposes pursuant to and in accordance with Section 4B, Article 5190.6, V.T.C.S., as amended
(the Development Corporation Act of 1979); and
WHEREAS, the appropriate authority of the Town has heretofore caused to be posted
and published, in accordance with the election laws of the State of Texas, notices of the General
Election and of the Sales and Use Tax Election; and
WHEREAS, the General Election and the Sales and Use Tax Election were duly and
legally held on May 4, 1996 in the Town and in conformity with the election laws of the State,
and the results of the General Election and Sales and Use Tax Election, including the early
voting results, have been certified and returned by the proper judges and clerics thereof; and
WHEREAS, the Town Secretary, acting as general custodian of the election records,
presented the official returns of the presiding judges of the General Election and the Sales and
Use Tax Election, including the returns of early voting ballots cast in connection therewith, to
the Town Council acting in its capacity as the Canvassing Board; and
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DOC #: 368901
WHEREAS, the Town Council has considered the returns of the General Election and
the Sales and Use Tax Election, including the return of early voting ballots cast in connection
therewith; and
WHEREAS, the returns of the General Election and the Sales and Use Tax Election,
including the returns of early voting ballots, duly and legally made, showed that there were cast
at the respective Election the following total valid and legal votes:
ELECTION
GENERAL MUNICIPAL
ELECTION
TOTAL
EARLY VOTING
VOTES CAST
131
SALES AND USE TAX
ELECTION 131
and
TOTAL VOTES
CAST AT POLL
ON ELECTION
DAY
619
603
TOTAL VOTES
CAST
750
734
WHEREAS, the returns of the General Election, including the returns of the early voting
ballots, duly and legally made, showed that each candidate received the following votes:
THREE COUNCIL MEMBERS FOR TWO Q YEAR TERMS EACH
NAME OF CANDIDATE
Marshall Engelbeck
Patti Stoltz
Edwin Decker
Frank E. (Gene) Hill
Doyle Krauss
Susan H. McCabe
Riley Mills
Write -Ins
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11101 Ir.11 NTS
OF VOTES
TOTAL NUMBER RECEIVED
OF EARLY VOTING AT POLL ON TOTAL NUMBER OF
VOTES RECEIVED ELECTION DAY VOTES RECEIVED
Exhibit C Exhibit C
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282
276
277
336
147
Exhibit C
and
WHEREAS, pursuant to State law, in order to be declared elected, a candidate must receive
the highest number of votes of the entire Town cast for the office for which such person is a
candidate; and
WHEREAS, the returns of the Sales and Use Tax Election, including the returns of the early
voting ballots, duly and legally made, showed that the following votes were cast for and against the
proposition set forth in the ballot:
THE ADOPTION OF A SALES AND USE
TAX WITHIN THE TOWN OF TROPHY
CLUB, TEXAS AT THE RATE OF ONE-
HALF OF ONE PERCENT TO BE USED
FOR LAND, BUILDINGS, EQUIPMENT,
FACILITIES AND IMPROVEMENTS
REQUIRED OR SUITABLE FOR USE
FOR SPORTS, ATHLETIC,
ENTERTAINMENT, TOURIST,
CONVENTION, PUBLIC PARK AND
GENERAL MUNICIPALPURPOSES AND
EVENTS, AND THE PROMOTION AND
DEVELOPMENT OF NEW OR
EXPANDED BUSINESS ENTERPRISES,
AS AUTHORIZED BY SECTION 4B OF
ARTICLE 5190.6, VERNOWS TEXAS
CIVIL STATUTES, AS AMENDED (THE
DEVELOPMENT CORPORATION ACT
OF 1979); AND MAINTENANCE AND
OPERATING COSTS ASSOCIATED
WITH ANY OF THE ABOVE PROJECTS
THAT ARE PUBLICLY OWNED AND
OPERATED.
FOR
AGAINST
It
TOTAL
NUMBER OF
EARLY VOTING VOTES
RECEIVED
TOTAL NUMBER OF
VOTES RECEIVED
AT POLL ON
ELECTION DAY
TOTAL NUMBER OF
VOTES RECEIVED
441
293
WHEREAS, Section 4B(d) of article S 190.6, V . T. C . S , , provides that the sales and use
tax described in Section 413 may be levied if authorized by a majority of the qualified voters of
the Town voting for the tax.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
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.
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Section 2. Confirmation of Vote Tabulations. The results of the General Election and
the Sales and Use Tax Election, 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 General Election, the duly elected Council Members elected on
May 4, 1995 and the corresponding terms of office, subject to the taking of the oaths of office
as requires by State law, are as follows:
OFFICE TERM
Council Member Two (2) Years
Council Member Two (2) Years
Council Member Two (2) Years
NAME
Marshall Enaelbech_
Susan H. McCabe
Ed Decker
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
General Election, as specified in Section 3 hereof.
Section 5. Sales and Use Tax Election. In accordance with the canvass and tabulation
of the results of the Sales and Use Tax Election, it is hereby found and declared that a sales and
use tax at the rate of one-half of one percent (1 /2 of 1 %) as described in the Election ballot
proposition and as further set forth in Ordinance No. 9 6 - o lcalling the said Election has been
pa ss_e d_ __ _ by the qualified voters of the Town voting at the said Election.
Section 6. Issuance of Canvass of General _Election and Sales and Use Tax Election.
The Mayor is hereby authorized and directed to execute and deliver the Canvass of the General
Election and the Sales and Use Tax Election, copies of which are attached hereto as Exhibits A
and B, respectively, in accordance with the election laws of the State of Texas, and to take all
other action necessary in connection therewith.
Section 7. Effective Date. This Ordinance shall take effect from and after its date of
passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 7th day of May, 199 6. '-
ATTEST:
K,S
DOC #: 368901
Town Secretary,
Town of Trophy Club, Texas
APPROVED AS TO FORM:
o tt ey,
Town o Trophy Club, Texas
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BOC M 368901
EXHIBIT "A"
TOWN OF TROPHY CLUB, TEXAS
CANVASS OF GENERAL ELECTION
I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding Officer of
the Canvassing Authority of the Town, met on May 7, 1996 with the Town Council of the
Town, sitting as the canvassing board to canvass the returns of the General Election held on May
4, 1996, at the Trophy Club Municipal Utility District Building, 100 Municipal Drive, Trophy
Club, Texas.
I DO HEREBY CERTIFY that the figures on the tally sheets 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 the 7th day of May, 1996.
[SEAL] or and Presiding�fficer of
the Canvassing Authority
Town of Trophy Club, Texas
DOC #: 369901
TOWN OF TROPHY CLUB, TEXAS
CANVASS OF SALES AND USE TAX ELECTION
I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding Officer of
the Canvassing Authority of the Town, met on May 7, 1996 with the Town Council of the
Town, sitting as the canvassing board to canvass the returns of the Sales and Use Tax Election
held on May 4, 1996, at the Trophy Club Municipal Utility District Building, 100 Municipal
Drive, Trophy Club, Texas.
I DO HEREBY CERTIFY that the figures on the tally sheets 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 the 7th day of May, 1996.
[SEAL] Wor and Presidi"fficer of
the Canvassing Auth rity
Town of Trophy Club, Texas
DOC !l: 369901
EXHIBIT C
WRITE-IN VOTES
THREE COUNCIL MEMBERS FOR TWO (2) YEAR TERMS OF OFFICE EACH
TOTAL NUMBER
OF EARLY VOTING
TOTAL NUMBER
OF VOTES
RECEIVED
AT POLL ON
NAME OF CANDIDATE VOTES RECEIVED ELECTION DAY
DOC #: 368901
TOTAL NUMBER OF
VOTES RECEIVED