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ORD 2006-04TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-04
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT
GENERAL ELECTION BETWEEN THE TOWN OF TROPHY CLUB,
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, TROPHY
CLUB MUNICIPAL UTILITY DISTRICT NO. 2, AND NORTHWEST
INDEPENDENT SCHOOL DISTRICT TO BE HELD ON MAY 13, 2006
FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS
FOR TWO (2) YEAR TERMS EACH TO THE TOWN COUNCIL, FOR
ELECTING THREE (3) DIRECTORS TO THE TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO. 1 FOR FOUR (4) YEAR TERMS
EACH, AND FOR ELECTING TWO (2) DIRECTORS TO THE TROPHY
CLUB MUNICIPAL UTILITY DISTRICT NO. 2 FOR FOUR (4) YEAR
TERMS EACH; HOLDING ITS ELECTION JOINTLY WITH
NORTHWEST INDEPENDENT SCHOOL DISTRICT FOR THE
PURPOSE OF COST SHARING; DESIGNATING A POLLING PLACE
WITHIN THE TOWN; APPOINTING 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 A JOINT
ELECTION AGREEMENT; 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 third
Saturday of May 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 desires to and hereby calls a Joint General Election for
the purpose of electing three (3) Council Members for two (2) year terms each to the Town of
Trophy Club Town Council, to elect (1) Council Member to a (1) year term, in order to complete
the term of office created by a vacancy on the Council, for electing three (3) Directors for four (4)
year terms each to the Trophy Club Municipal Utility District No. 1, and for electing two (2)
Directors for four (4) year terms each to the Trophy Club Municipal Utility District No. 2; 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 the62nd day before election day;
and
WHEREAS, Section 83.005 of the Texas Election Code provides that the City Secretary
shall serve as the Early Voting Cleric in Municipal Elections; and
WHEREAS, Section 32.001 of the Texas Election Code provides for the appointment of
a Presiding Election Judge and an Alternate Presiding Election Judge to conduct voting in each
precinct where an election is held; and
WHEREAS, Section 87.001 of the Texas Election Code provides for the appointment of
an Early Voting Ballot Board; and
WHEREAS, Section 87.002 of the Texas Election Code provides for the appointment of
the Early Voting Ballot Board Judge; and
WHEREAS, Section 271.002 of the Texas Election Code provides that the governing
bodies of two or more political subdivisions may enter into an agreement to hold a joint election
if the elections ordered by the authorities of the subdivisions are to be held on the same day in all
or part of the same territory and can be served by common polling places and a copy of the joint
election agreement between the Town of Trophy Club and the Trophy Club Municipal Utility
District No. 1 and Trophy Club Municipal Utility District No. 2 is attached hereto and
incorporated as Exhibit "A" and a copy of the joint election agreement between the Town of
Trophy Club and Northwest Independent School District is incorporated herein by reference; and
WHEREAS, the Town Council hereby also desires that the election be held jointly with
Northwest Independent School District ("NISD") on May 13, 2006, pursuant to the Texas
Election Code. The costs of such election are to be shared pursuant to the terms of a joint
election agreement between the Town of Trophy Club and NISD.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1
INCORPORATION
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
DATE OF ELECTION
It is hereby ordered that a Joint General Election (the "Election") shall be held in and throughout
the Town of Trophy Club and the Trophy Club Municipal Utility Districts on Saturday, May 13,
2006.
SECTION 3
PURPOSE OF JOINT GENERAL ELECTION
The purpose of such Joint General Election is to elect three (3) Council Members for two (2) year
terms each to the Town of Trophy Club Town Council; to elect three (3) Directors for four (4)
year terms each to the Trophy Club Municipal Utility District No. 1; and to elect two (2)
Directors for four (4) year terms each to the Trophy Club Municipal Utility District No. 2.
SECTION 4
ELECTION HELD JOINTLY WITH NISD
The Trophy Club Town Council and NISD have entered into an agreement to share the costs of
the May 13, 2006 election pursuant to Chapter 271 of the Texas Election Code. The election is
being held jointly to gain efficiencies and cost savings due to new requirements relative to voting
machines and other aspects of the election.
SECTION 5
ELIGIBILITY FOR CANDIDACY
As set forth in Section 141.001 of the Texas Election Code, no person shall be eligible for a
public elective office of this state, 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, and has
resided continuously in the State of Texas for twelve (12) months immediately preceding the date
of the regular filing deadline for the candidate's application for a candidate whose name is to
appear on the general election ballot, or the date of the election at which the candidate's name is
written in for a write in candidate. Additional requirements are as follows:
A. Council Member:
As set forth in Section 141.001 of the Texas Election Code and Article III of the Trophy
Club Town Charter, no person shall be eligible for a public elective office of this state,
unless that person is a United States citizen, at least 21years of age on the first day of the
form to be filed for candidacy or date of appointment, 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, and resides and has resided continuously in the State of Texas for twelve (12)
months immediately preceding the election within the corporate limits of the Town for a
candidate whose name is to appear on the general election ballot, or the date of the
election at which the candidate's name is written in for a write in candidate.
B. Municipal Utility District Directors:
(1) Must own land subject to taxation in the district for which they are filing; or
(2) Must be a qualified voter within the District; and
(3) Must not otherwise be disqualified from serving as a member of the Board of a
Municipal Utility District pursuant to Section 49.052 of the Texas Water Code, as
amended.
SECTION 6
APPLICATION FOR A PLACE ON THE BALLOT
Pursuant to Section 143.007 of the Texas Election 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
February 13, 2006, and not later than 5:00 p.m. on March 13, 2006. Each such application shall
be on a form as prescribed by the Texas Election 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 Texas Election Code. Notice of the time and place for such
drawing shall be given in accordance with Section 52.094(c)(d) of the Texas Election Code.
SECTION?
RUNOFF ELECTION
If two (2) or more candidates tie for the number of votes required to be elected, there shall be a
runoff election held on June 5th, 2006. The runoff election shall be held in accordance with the
Texas Election Code.
SECTION 8
POLLING PLACE AND HOURS
The polling place for the Election shall be the Trophy Club Municipal Building, 100 Municipal
Drive, Trophy Club, Texas. In accordance with Section 41.031(a) of 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 9
APPOINTMENT OF A PRESIDING ELECTION JUDGE
AND AN ALTERNATE PRESIDING ELECTION JUDGE
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The following named individuals, residing at the respective addresses, are hereby appointed to
serve as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the
Election:
Presiding Election Judge
Annette "Pepper" Slusar
15 Riviera Court
Trophy Club, Texas 76262
Alternate Presiding Election Judge
Judy Williams
215 Phoenix Dr.
Trophy Club, TX 76262
All Election Judges shall be qualified voters of the Town. The Town Secretary shall, in
accordance with Section 32.009 of the Texas Election Code, deliver to the Presiding Election
Judge and the Alternate Presiding Election Judge notice of their appointment not later than
twenty (20) days from the effective date of this Ordinance.
SECTION 10
APPOINTMENT OF CLERKS
The 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 Election Judge named herein actually serves, the Alternate Election Judge shall serve
as one of the clerks. All election clerks shall be qualified voters of the Town.
SECTION 11
COMPENSATION OF THE JUDGE AND CLERKS
As provided for in Section 32.091 of the Texas Election Code, the Election Judge shall be
compensated at the rate of nine and no/100 dollars ($9.00) per hour on election day and seven
and no/100 dollars ($7.00) per hour for services performed as an election clerk during the early
voting period. The Alternate Election Judge shall be compensated at the rate of eight and no/100
dollars ($8.00) per hour on election day and seven and no/100 dollars ($7.00) per hour for
services performed as an election clerk during the early voting period. Election Clerks shall be
compensated at the rate of seven and no/100 dollars ($7.00) per hour for election day and for the
early voting period. The Election Judge or Clerk who delivers the returns of the Election, keys to
the ballot boxes or other election equipment, and unused election supplies shall also be paid the
additional sum of twenty-five and no/100 dollars ($25.00) for delivering such materials. 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 12
METHOD OF VOTING
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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 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 three
(3) Town of Trophy Club Council Members for two (2) year terms each, to elect (1) Council
Member to a (1) year term, in order to complete the term of office created by a vacancy on the
Council, and three (3) Directors to the Trophy Club Municipal Utility District No. 1 for four (4)
year terms each, OR three (3) Town of Trophy Club Council Members for two (2) year terms
each, to elect (1) Council Member to a (1) year term, in order to complete the term of office
created by a vacancy on the Council and two (2) Directors to the Trophy Club Municipal Utility
District No. 2 for four (4) year terms each, depending upon the municipal utility district in which
the voter resides. No elector shall vote for more than three (3) Town of Trophy Club Council
Members for a two year term and one (1) Town of Trophy Club Council Member for a one year
term. No elector shall vote for more than three (3) Directors to the Trophy Club Municipal
Utility District No. 1. No elector shall vote for more than two (2) Directors to the Trophy Club
Municipal Utility District No. 2.
SECTION 13
GOVERNING LAW: QUALIFIED VOTERS
The Election shall be held in accordance with the Constitution of the State of Texas 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 14
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 later 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. 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 thereto, a copy of the notice shall also be filed with the Town Secretary at least
twenty-one (21) days before the Election.
SECTION 15
EARLY VOTING
Early voting by personal appearance shall be conducted by the Town Secretary, who is hereby
6
appointed the Early Voting Clerk, at 100 Municipal Drive, Trophy Club, Texas. For the period
early voting for the election is permitted by law, the Early Voting Cleric shall keep such office
open Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., with two days
designated from 7:00 a.m. to 7:00 p.m and Saturday, May 6, 2006, between the hours of 8:00
a.m. and 12 noon, commencing on Monday, May 1, 2006 and terminating on Tuesday, May 9,
2006. Early voting will not be conducted on any other Saturday, or on any Sunday or official
State and/or national holiday during the period of early voting.
Application for early voting by mail shall be delivered to the Early Voting Clerk at the same
address not earlier than March 14, 2006 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 May 5, 2006.
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, and in so
doing shall permit the voters to vote for three (3) Town of Trophy Club Council Members for
two (2) year terms each, to elect (1) Council Member to a (1) year term, in order to complete the
term of office created by a vacancy on the Council, and three (3) Directors to the Trophy Club
Municipal Utility District No. 1 for four (4) year terms each, OR three (3) Town of Trophy Club
Council Members for two (2) year terms each, to elect (1) Council Member to a (1) year term, in
order to complete the term of office created by a vacancy on the Council and two (2) Directors to
the Trophy Club Municipal Utility District No. 2 for four (4) year terms each, depending upon
the municipal utility district in which the voter resides. The Early ballots shall be canvassed by
the Early Ballot Board, which is hereby created. The Election Judge and the Alternate 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 Election.
SECTION 16
DELIVERY OF RETURNS
Pursuant to Section 66.051 of the Texas Election Code, immediately after the closing of the poll
on the day of the Election, the election officers named in this Ordinance shall make four (4)
copies of the returns. The returns shall be delivered as follows: one copy shall be retained by the
Election Judge, one copy shall be delivered to the Mayor of Trophy Club, one copy shall be
delivered to the voter registrar, one copy (along with ballot boxes and election supplies) shall be
delivered to the Town Secretary. All election records and supplies shall be preserved by the
Town Secretary in accordance with the Texas Election Code.
SECTION 17
CANVASSING OF RETURNS
In accordance with Section 67.003(2) of the Texas Election Code, the Town Council shall
7
convene on May 22, 2006 at 7:00 p.m. to canvass the returns of the Election. Trophy Club
Municipal District No. 1 and Trophy Club Municipal District No. 2 shall convene at
appropriately posted meetings to canvass their respective returns.
SECTION 18
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 in carrying out and conducting the Election, whether or not expressly
authorized herein.
SECTION 19
JOINT ELECTION AGREEMENT
Section 271.002 of the Texas Election Code provides that the governing bodies of two or more
political subdivisions may enter into an agreement to hold a joint election if the elections ordered
by the authorities of the subdivisions are to be held on the same day in all or part of the same
territory and can be served by common polling places. A copy of the Joint Election Agreement
between the Town of Trophy Club, Trophy Club Municipal Utility District No. 1, and Trophy
Club Municipal District No. 2, is attached hereto as Exhibit "A" and is incorporated herein. The
Town of Trophy Club and NISD have also entered into an agreement to hold a joint election in
order to share costs, a copy of which is incorporated herein by reference as Exhibit `B".
SECTION 20
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 21
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 22
PUBLICATION
M
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 23
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 24
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and publication in
accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this
6TH day of March, 2006.
Mayor
Town of Trophy Club, Texas
ATTEST:
n
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
In, Al ('6 aka lq�
Town Attorney
Town of Trophy Club, Texas
"Exhibit A"
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, AND
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2
TO CONDUCT A JOINT ELECTION
TO BE HELD ON MAY 13, 2006
This Joint Election Agreement is entered into this 6TH day of February 2006, by and between
the Town of Trophy Club, Texas, Trophy Club Municipal Utility District No. 1, and Trophy Club
Municipal Utility District No. 2, to conduct a Joint Election to be held on May 13, 2006, in Trophy Club,
Texas.
WITNESSETH:
WHEREAS, the Town of Trophy Club, Texas, Trophy Club Municipal Utility District No. 1,
and Trophy Club Municipal Utility District No. 2 desire to conduct an election on May 13, 2006, for the
purpose of electing three (3) Council Members to the Trophy Club Town Council for a two (2) year term
each, to elect (1) Council Member to a (1) year term, in order to complete the term of office
created by a vacancy on the Council and three (3) Directors to the Board of Municipal Utility District
No. 1 for a four (4) year term each, and two (2) Directors to the Board of Municipal Utility District No. 2
for a four (4) year term each; and
WHEREAS, pursuant to Chapter 271, Texas Election Code, if an election ordered by the
authorities of two or more political subdivisions is to be held on the same day in all or part of the same
territory, the governing bodies of the political subdivisions may enter into an agreement to hold the
election jointly in the election precincts that can be served by common polling places; and
WHEREAS, in accordance with Chapter 271 of the Texas Election Code, the Town of Trophy
Club, Texas, the Trophy Club Municipal Utility District No. 1, and the Trophy Club Municipal Utility
District No. 2, mutually desire to enter into a Joint Election Agreement for an election to be held on May
13, 2006.
NOW, THEREFORE, for and in consideration of the above and foregoing premises, the
benefits flowing to each of the parties hereto, and other good and valuable consideration, the Town of
Trophy Club, Texas, Trophy Club Municipal Utility District No. 1, and Trophy Club Municipal Utility
District No. 2 (the "Participants") do hereby agree as follows:
1. Administration: The Town Secretary of the Town of Trophy Club shall coordinate,
supervise and handle all aspects of administering the Joint Election. Such duties shall include the
preparation of election orders, resolutions, notices, ballots, bilingual materials and any other pertinent
election documents, in accordance with the provisions of the Texas Election Code and as outlined in this
Agreement. The Town Secretary shall be responsible for any submission required by the Federal Voting
Rights Act of 1965, as amended, with regard to the administration of the Joint Election; any other
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changes which require preclearance under the Federal Voting Rights Act of 1965, as amended, shall be
the responsibility of each of the individual Participants.
2. Location of Common Polling Places: The polling place for the Joint Election shall be
the Trophy Club Municipal Building, 100 Municipal Drive, Trophy Club, Texas.
3. Allocation of Election Expenses: The Participants agree to share all costs of
administering the May 13, 2006 Joint Election, including but not limited to all costs incurred in preparing
such Joint Election, based upon the following pro rata portion:
Town of Trophy Club 34%
Trophy Club Municipal District No. 1 33%
Trophy Club Municipal District No. 2 33%
The cost of any special request which is not agreed upon by all Participants shall be borne by that
Participant in its entirety. In the event of a runoff election, the Participant requiring the runoff shall be
responsible for all costs associated with administering such election.
4. Appointment and Compensation of Election Officers: The following named
individuals, residing at the respective addresses, are hereby appointed to serve as Presiding Election
Judge and Alternate Presiding Election Judge, respectively, at the Election:
Presiding Election Judge
Annette "Pepper" Slusar
15 Riviera Court
Trophy Club, Texas 76262
Altemate Presiding Election Judge
Judy Williams
215 Phoenix Dr.
Trophy Club, TX 76262
All Election Judges shall be qualified voters of the Town. The Town Secretary shall, in
accordance with Section 32.009 of the Texas Election Code, deliver to the Presiding Election Judge and
the Alternate Presiding Election Judge, notice of their appointment in accordance with law.
The 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
Election Judge named herein actually serves, the Alternate Election Judge shall serve as one of the
clerks. All election clerks shall be qualified voters of the Town.
As provided for in Section 32.091 of the Texas Election Code, the Election Judge shall be
compensated at the rate of nine and no/100 dollars and ($9.00) per hour on election day and seven and
no/100 dollars ($7.00) per hour for services performed as an election clerk during the early voting period.
The Alternate Election Judge, shall be compensated at the rate of eight and no/100 dollars ($8.00) per
hour on election day and seven and no/100 dollars ($7.00) per hour for services performed as an election
clerk during the early voting period. Election Clerks shall be compensated at the rate of seven and
no/100 dollars ($7.00) per hour for election day and for the early voting period. The Election Judge or
Il
for delivering such materials. 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.
5. Early Voting: Early voting for the May 13, 2006 election will be held jointly for all
participating authorities. Early voting by personal appearance shall be conducted by the Town Secretary,
who is appointed the Early Voting Clerk, at 100 Municipal Drive, Trophy Club, Texas. For the period
early voting for the election is permitted by law, the Early Voting Clerk shall keep such office open
Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., with two days designated from 7:00 a.m. to
7:00 p.m and Saturday, May 6, 2006, between the hours of 8:00 a.m. and 12 noon, commencing on Monday, May 1,
2006 and terminating on Tuesday, May 9, 2006. Early voting will not be conducted on any other Saturday, or
on any Sunday or official State and/or national holiday during the period of early voting.
Application for early voting by mail shall be delivered to the Early Voting Clerk at 100
Municipal Drive, Trophy Club, Texas, not earlier than March 29, 2006 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 May 5, 2006.
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, and in so doing shall
permit the voters to vote for three (3) Town of Trophy Club Council Members for two (2) year terms
each, to elect (1) Council Member to a (1) year term, in order to complete the term of office created by a
vacancy on the Council, and three (3) Directors to the Trophy Club Municipal Utility District No. 1 for
four (4) year terms each, OR three (3) Town of Trophy Club Council Members for two (2) year terms
each, to elect (1) Council Member to a (1) year term, in order to complete the term of office created by a
vacancy on the Council and two (2) Directors to the Trophy Club Municipal Utility District No. 2 for
four (4) year terms each, depending upon the municipal utility district in which the voter resides.
The early voting ballots shall be canvassed by the Early Voting Ballot Board. The Election Judge and
the Alternate Election Judge shall serve as the Presiding Officer and the alternate Presiding Officer,
respectively of the Early Voting Ballot Board. The other election officers serving at the Election shall
serve as the other members of the Early Voting Ballot Board for the Election.
6. Ballots: 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 three (3) Town of Trophy Club Council Members for two (2) year
terms each, to elect (1) Council Member to a (1) year term, in order to complete the term of office
created by a vacancy on the Council, and three (3) Directors to the Trophy Club Municipal Utility
District No. 1 for four (4) year terms each, OR three (3) Town of Trophy Club Council Members for two
(2) year terms each, to elect (1) Council Member to a (1) year term, in order to complete the term of
office created by a vacancy on the Council and two (2) Directors to the Trophy Club Municipal Utility
District No. 2 for four (4) year terms each, depending upon the municipal utility district in which the
voter resides. No elector shall vote for more than three (3) Town of Trophy Club Council Members for a
two year term and one (1) Town of Trophy Club Council Member for a one year term. No elector shall
vote for more than three (3) Directors to the Trophy Club Municipal Utility District No. 1. No elector
shall vote for more than two (2) Directors to the Trophy Club Municipal Utility District No. 2.
7. Maintenance of Election Forms and Records: Polling place forms and records for
Participants shall be maintained by the Town Secretary of the Town of Trophy Club, Texas, as
authorized by Section 271.010 of the Texas Election Code.
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Access to the election records shall be available to each Participant, as well as to the public in
accordance with the Texas Public Information Act, Chapter 552, Texas Government Code. All records
shall be maintained in an orderly manner, so that records are clearly identifiable and accessible.
Records of the election shall be retained and disposed of in accordance with the provisions of
Title 6, Subtitle C, Chapters 201 through 205 of the Texas Local Government Code, including the
minimum retention requirements established by the Texas State Library and Archives Commission. If
records of the election are involved in any pending election contest, investigation, litigation, or Texas
Public Information Act inquiries, the records shall be maintained until final resolution or judgment,
regardless of any other retention requirements. It is the responsibility of each Participant to notify the
Town Secretary of any pending contest, investigation, litigation, or Texas Public Information Act
inquiry. Any costs associated with the retention of records required beyond eligibility for preservation
shall be borne by the Participant requesting such continued retention.
On the first business day following the date that the records of the election are eligible for
destruction, each Participant shall be notified in writing of the anticipated destruction of such records.
Each Participant shall provide written authorization to proceed with or withhold the destruction of such
records.
8. Canvassing: Each of the Participants hereto shall convene separately at properly posted
meetings in the time frame required by the Election Code and canvass the results of their respective
elections.
9. Runoff Election: In the event a runoff is necessary, this Agreement will automatically
be extended to cover the runoff, unless a Participant states in writing immediately upon notice that a
runoff election will be necessary that it does not want to participate in a joint runoff.
10. Term of Agreement. This Agreement shall be effective upon execution by all
Participants and may be terminated in accordance with Paragraph 9 by written notice only pursuant to
Paragraph 11 of this Agreement.
11. Notice: Whenever this Agreement requires any consent, approval, notice, request or
demand, it must be in writing to be effective and shall be delivered to all Participants by certified mail,
return receipt requested, and shall be properly addressed as follows:
If to the Town of Trophy Club:
Town of Trophy Club
Mayor
100 Municipal Drive
Trophy Club, Texas 76262
If to Municipal Utility District No. 2:
Trophy Club Municipal Utility District No. 2
President
100 Municipal Drive
Trophy Club, Texas 76262
If to Municipal Utility District No. 1:
Trophy Club Municipal Utility District No. 1
President
100 Municipal Drive
Trophy Club, Texas 76262
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12. Authority to Execute Agreement: The undersigned officers and/or agents of the
parties hereto are the properly authorized officials and have the necessary authority to execute this
Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary
resolutions or other act extending such authority have been duly passed and are now in full force and
effect.
13. Counterparts: This Agreement may be executed in any number of counterparts and
each shall be considered an original and collectively shall constitute one agreement; but in making proof
of this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
14. Entire Agreement: This Agreement represents the entire and integrated agreement
between the Participants and supersedes all prior negotiations, representations and/or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by all Participants.
15. Hold Harmless: Each Participant does hereby agree to waive all claims against,
release, and hold harmless each other Participant and its respective officials, officers, agents, employees,
in both their public and private capacities, from any and all liability, claims, suits, demands, losses,
damages, attorneys fees, including all expenses of litigation or settlement, or causes of action which may
arise by, result from, or relate to the performance of this Agreement, including but not limited to injury to
or death of any person or for loss of, damage to, or loss of use of any property arising out of or in
connection with this Agreement.
16. Severabilitv: If any of the terms, sections, subsections, sentences, clauses, phrases,
provisions, covenants, conditions or any other part of this contract are for any reason held to be invalid,
void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases,
provisions, covenants, conditions or any other part of this contract shall remain in full force and effect
and shall in no way be affected, impaired or invalidated.
IN WITNESS WHEREOF, the Town of Trophy Club, Trophy Club Municipal District No. 1,
and Trophy Club Municipal Utility District No. 2 have executed this Agreement on the day and year fust
hereinabove set forth.
TOWN OF TROPHY CLUB, TEXAS
By:
C. Nick Sanders
Mayor
TROPHY CLUB MUNICIPAL
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT No.1
By: 6;L . – — - —
Dean Henry
President
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Effective: March 11, 2006
ATTEST:
Lisa'Ramsey
Town Secretary
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