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ORD 2007-03ORDINANCE NO. 2007-03 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 AND NORTHWEST INDEPENDENT SCHOOL DISTRICT, TO BE HELD ON MAY 12, 2007 FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2) COUNCIL MEMBERS TO THE TOWN COUNCIL FOR TWO (2) YEAR TERMS EACH; 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 ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001(a)(2) of the Texas Election Code (hereinafter the "Code") establishes the first 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 General Election for the purpose of electing a Mayor and two (2) Council Members for two (2) year terms each; 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 the 45th 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 87.002 of the Texas Election Code provides for the appointment of the Early Voting Ballot Board Judge. 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 WHEREAS, the elections ordered by the Town of Trophy Club and Northwest Independent School District ("NISD") meet the statutory requirements for a joint election and a copy of the joint election agreement between the Town of Trophy Club and Northwest Independent School District is attached hereto and incorporated as Exhibit "A"; and WHEREAS, the Town Council hereby also desires that the election be held jointly with NISD on May 12, 2007, pursuant to the Texas Election Code. The costs of such election are to be shared pursuant to the terms of the 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 General Election (the "Election") shall be held in and throughout the Town of Trophy Club on Saturday, May 12, 2007. SECTION 3 PURPOSE OF ELECTION The purpose of the Town's General Election is to elect a Mayor and two (2) Council Members for two (2) year terms each. The purpose of the NISD General Election shall be as provided in the order of its governing authority calling and ordering such election. 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 12, 2007 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 and the Trophy Club Home Rule Charter, no person shall be eligible for a public elective office of this state, unless that person is a United States citizen, is at least twenty-one (21) years of age on the first day of the form to be filed or date of appointment; has not filed nor is filing to be a candidate for more than one office or position number per election; is not an employee of the Town after becoming a candidate for a Town elective office; 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; and resides and has resided within the corporate limits of the Town for at least twelve (12) months preceding the election. Additionally, pursuant to Local Government Code § 22.032, a person must be a registered voter to be eligible for the office of Mayor or Council Member. 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(s) hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than February 10, 2007, and not later than 5:00 p.m. on March 12, 2007. 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 Section 52.094(c)(d) of the Code. SECTION 7 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 5, 2007. The runoff election shall be held in accordance with the Code and Town of Trophy Club Charter. SECTION 8 ELECTION PRECINCTS, POLLING PLACE, AND HOURS The corporate limits of the Town of Trophy Club, Texas shall constitute three (3) election precincts and one poling place for the municipal election. The polling places and the county election precincts whose qualified voters shall cast ballots at such location in the Town of Trophy Club for the May 2007 General Election are as follows: Denton County Election Precincts Polling Place 400 and 401 "Svore" Trophy Club Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas, 76248 Tarrant County Election Precincts Polling Place 3286 "Svore' Trophy Club Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas, 76248 In accordance with Section 41.031(a) of the Code, said 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 Pam Irwin 543 Indian Creek Drive Trophy Club, Texas 76262 Alternate Election Judge Karen Karlis 259 Oak Hill Drive 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 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 ten (10) 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 and Alternate Judges shall be compensated at the rate of ($10.00) per hour and the election workers shall be compensated at the rate of ($8.00) per hour. Any payment referred to in this Section shall not exceed the maximum amounts set forth in Sections 32.091 and 32.092 of the 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 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 a Mayor and two (2) Council members. No elector shall vote for more than one (1) Mayor. No elector shall vote for more than two (2) Council Members. SECTION 13 GOVERNING LAW: QUALIFIED 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 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 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 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 for Early Voting the following days: Monday, April 30'h 8 a.m. — 5 p.m. Tuesday, May 1s' 7 a.m. —7 p.m. Wednesday, May 2nd 8 a.m. — 5 p.m. Thursday, MaX 3`d 8 a.m. — 5 p.m. Friday, May 4' 8 a.m. — 5 p.m. Saturday, May 5'h 8 a.m. — 12 p.m. Monday, May 7'h 8 a.m. — 5 p.m. Tuesday, May 81h 7 a.m. — 7 p.m. 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 13, 2007 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 4, 2007. 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 one (1) Mayor for a two (2) year term and two (2) Council members for a two (2) year term each. 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 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 Code. SECTION 17 CANVASSING OF RETURNS In accordance with Section 67.003(2) of the Code, the Town Council shall convene on May 21, 2007, to canvass the returns of the Election. 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 and Town Charter 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 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 clause in the minutes of the Town Council and by filing this Ordinance in the Ordinance records of the Town. SECTION 22 PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish in one issue of the official newspaper of the Town of Trophy Club, the caption and effective date clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. 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 5th day of February 2007. 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