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ORD 2006-05TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006-05 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A SPECIAL ELECTION 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; AND ORDERING AND CALLING A SPECIAL ELECTION WITH A COMBINED BALLOT PURSUANT TO SECTION 321.409 OF THE TEXAS TAX CODE TO DETERMINE WHETHER THE CITIZENS DESIRE TO REDUCE THE AMOUNT OF SALES TAX REVENUE ALLOCATED TO THE TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION 4B (`°EDC411"), AND LEVY A SALES AND USE TAX TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; AND ORDERING AND CALLING A SPECIAL ELECTION ON A MEASURE TO HOLD A BINDING REFERENDUM AS AUTHORIZED BY THE CHARTER OF THE TOWN OF TROPHY CLUB TO DETERMINE WHETHER THE CITIZENS DESIRE TO CONTINUE THE EXISTING TRAFFIC -CALMING PROGRAM ON TROPHY CLUB DRIVE; AND ORDERING AND CALLING A SPECIAL ELECTION ON A MEASURE TO HOLD A BINDING REFERENDUM AS AUTHORIZED BY THE CHARTER OF THE TOWN OF TROPHY CLUB TO DETERMINE WHETHER THE CITIZENS DESIRE TO IMPLEMENT A TRAFFIC CALMING PROGRAM ON INDIAN CREEK DRIVE; 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 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 orders and calls a Special Election 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; and WHEREAS, the Town Council desires to and hereby orders and calls a Special Election with a combined ballot pursuant to Section 331.409 of the Texas Tax Code to determine whether the citizens desire to reduce the amount of sales tax revenue allocated to the Trophy Club Economic Development Corporation 4B ("EDC4B"), and to levy a sales and use tax to provide revenue for maintenance and repair of municipal streets; and WHEREAS, the Town Council desires to and hereby orders and calls a Special Election on a measure to hold a binding referendum as authorized by the Charter of the Town of Trophy Club to determine whether the citizens desire to continue the existing traffic -calming program on Trophy Club Drive; and WHEREAS, the Town Council desires to and hereby orders and calls a Special Election on a measure to hold a binding referendum as authorized by the Charter of the Town of Trophy Club to determine whether the citizens desire to implement a traffic calming program on Indian Creek Drive; 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 Clerk 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 87.003 of the Texas Election Code provides for the appointment of the Early Voting Ballot Board Judge; and WHEREAS, the Town Council has previously established the Trophy Club Economic Development Corporation 4B ("EDC4B"), an economic development corporation created pursuant to Article 5190.6 of the Texas Revised Civil Statutes, which collects a sales tax equal to one-half of one percent (0.5%) as authorized by Article 5190.6; and WHEREAS, the Town Council has determined that the continued existence of the EDC4B provides significant benefits to the Town and the Town's citizens, and that the EDC4B should be continued; however, the Town Council has determined that the amount of sales tax allocated to EDC4E should be reduced by 114 of one percent (.25) and that a sales and use tax of '/4 of one percent (.25) should be levied to provide revenue for the maintenance and repair of municipal streets and to hold a special election with a combined ballot pursuant to Section 321.409 of the Tax Code would benefit the Town and the Town's citizens more than continuing the one-half cent (0.5%) sales tax currently being collected by EDC413; and WHEREAS, due to the limitations on sales tax under Texas law, the City cannot both legally levy a local sales and use tax to provide revenue for maintenance and repair of streets and continue collection of the sales tax by the EDC4E at its current level of one-half percent (0.5%); and WHEREAS, the Town is a home rule municipality and pursuant to its duly adopted Charter is authorized to hold a binding referendum; and WHEREAS, the Town Council has determined it appropriate to exercise its ability to hold a referendum in order to determine if the citizens desire to continue an existing traffic calming program on Indian Creels Drive and to implement a traffic calming program on Indian Creels Drive; and 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 aSpecial 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 SPECIAL ELECTION The purpose of such Special Election is to: 3.1 Elect (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; and 3.2 Hold an election with a combined ballot pursuant to Section 321.409 of the Texas Tax Code to determine whether the citizens desire to reduce the amount of sales tax revenue allocated to the Trophy Club Economic Development Corporation 4B (" EDC4B"); and to levy a sales and use tax to provide revenue for maintenance and repair of municipal streets; and 3.3 Hold an Election on a measure through the use of a binding referendum as authorized by the Charter of the Town of Trophy Club to determine whether the citizens desire to continue the existing traffic -calming program on Trophy Club Drive; and 3.4 Hold an Election on a measure through the use of a binding referendum as authorized by the Charter of the Town of Trophy Club to determine whether the citizens desire to implement a traffic calming program on Indian Creels Drive; SECTION 4 ELIGIBILITY FOR CANDIDACY 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. Pursuant to Texas Local Government Code Section 22.032, a person must also be a registered voter to be eligible for the office of Mayor or Council Member. SECTION 5 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 6 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 7 BALLOT PROPOSITION S The official ballots for the Special Election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the proposition, as required for an election on a measure, with the ballots to contain such provisions, markings and language as required by law, and with such propositions to be expressed substantially as follows: PROPOSITION ONE FOR OR AGAINST: The reduction of the current one half of one percent (0.5%) sales and use tax allocated to the Trophy Club Economic Development Corporation 413 by one- fourth of one percent (0.25%) to one-fourth one percent (0.25%), and the adoption of a local sales and use tax in the Town of Trophy Club at the rate of one-fourth of one percent (0.25%) to provide revenue for maintenance and repair of municipal streets. PROPOSITION TWO FOR OR AGAINST: The continuation of the traffic -calming program on Trophy Club Drive from the area of Oak Hill to Meadow Creek through May 2008, designating one wide lane of traffic with a shoulder adjacent to the curb at a cost not to exceed $2,500 to change the current lane markings. PROPOSITION THREE FOR OR AGAINST: The implementation of a traffic -calming program on Indian Creek Drive from Trophy Club Drive to the entrance of Harmony Park through May 2008, designating one wide lane of traffic with a shoulder adjacent to the curb at a cost not to exceed $7,500 for implementation. 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 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 clerics 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 0 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 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. 7 SECTION 15 EARLY VOTING Early voting by personal appearance shall be conducted by the Town Secretary, who is hereby appointed the Early Voting Cleric, 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 N In accordance with Section 67.003(2) of the Texas Election Code, the Town Council shall 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 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 20 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 21 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 22 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 I and by filing this Ordinance in the Ordinance records of the Town. SECTION 23 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: Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas IN