Loading...
ORD 2008-04TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008-04 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, TO BE HELD ON MAY 10, 2008 FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS FOR TWO (2) YEAR TERMS EACH TO THE TOWN COUNCIL, FOR ELECTING TWO (2) DIRECTORS TO THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 FOR FOUR (4) YEAR TERMS EACH, AND FOR ELECTING THREE (3) DIRECTORS TO THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 FOR FOUR (4) 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 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, for electing two (2) Directors for four (4) year terms each to the Trophy Club Municipal Utility District No. 1, and for electing three (3) 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 the 62nd 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; 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 WHEREAS, The Town of Trophy Club, Trophy Club Municipal Utility District No. 1 and Trophy Club Municipal Utility District No. 2 meet the specified criteria and desire to hold their election jointly, and attached and incorporated herein as Exhibit "A" to this Resolution is a copy of a joint election agreement between the Town, Trophy Club Municipal Utility District No. 1 and Trophy Club Municipal Utility District No. 2. 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 10, 2008. 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 two (2) Directors for four (4) year terms each to the Trophy Club Municipal Utility District No. 1; and to elect three (3) Directors for four (4) year terms each to the Trophy Club Municipal Utility District No. 2. SECTION 4 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, is a qualified voter of the Town, 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 for twelve (12) months immediately preceding the election within the corporate limits of the Town and the State of Texas 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 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 9, 2008, and not later than 5:00 p.m. on March 10, 2008. 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) and (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 between June 2nd and July 5th, 2008. The runoff election shall be held in accordance with the Texas Election Code. SECTION 7 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 2008 General Election are as follows: Denton County Election Polling Place Precincts 400 and 401 "Svore" Trophy Club Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas, 76248 Tarrant County Election Polling Place Precincts 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 8 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, TX 76262 Alternate Presiding Election Judge Judy Williams 215 Phoenix Drive 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 9 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 10 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 11 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, and two (2) 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, and three (3) 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. No elector shall vote for more than two (2) Directors to the Trophy Club Municipal Utility District No. 1. No elector shall vote for more than three (3) Directors to the Trophy Club Municipal Utility District No. 2. SECTION 12 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 13 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 14 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 28th 8 a.m. — 5 p.m. Tuesday, April 291h 7 a.m. — 7 p.m. Wednesday, April 301h 8 a.m. — 5 p.m. Thursday, May 1St 8 a.m. — 5 p.m. Friday, May 2"d 8 a.m. — 5 p.m. Saturday, May 3`d 8 a.m. —12 p.m. Monday, May 51h 8 a.m. — 5 p.m. Tuesday, May 7th 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 11, 2008 and not later than the close of regular business in the Early Voting Clerk's office or 5:00 p.m., whichever is later, on May 2, 2008. 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, and two (2) Directors to the Trophy Club Municipal Utility District No. 1 for four (4) year terms each, OR three (3) 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. No elector shall vote for more than two (2) Directors to the Trophy Club Municipal Utility District No. 1. No elector shall vote for more than three (3) Directors to the Trophy Club Municipal Utility District No. 2. 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 15 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 16 CANVASSING OF RETURNS In accordance with Section 67.003(2) of the Texas Election Code, the Town Council shall convene on May 19, 2008 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 17 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 18 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. 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 as required by the Town Charter. 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 4th day of February, 2008. �`--) Mayor, Nick Sanders Town of Trophy Club, Texas ATTTST: ' OC 000-1rJ- I Town Secretary Town of Trophy Club, Texas [SEAL] PPROVED AS TO FORM: ,urs, Town Attorney Town of Trophy Club, Texas ry , "Exhibit A" JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS OPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 AI TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 TO CONDUCT A JOINT ELECTION TO BE HELD ON MAY 10, 2008 This Joint Election Agreement is entered into this 4T" day of February 2008, 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 10, 2008, 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 10, 2008, for the purpose of electing three (3) Council Members to the Trophy Club Town Council for a two (2) year term each, and two (2) Directors to the Board of Municipal Utility District No. 1 for a four (4) year term each, and three (3) 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 10, 2008. 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: TERMS: 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 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 10, 2008 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 Pam Irwin 543 Indian Creek Drive Trophy Club, TX 76262 Alternate Presiding Election Judge Judy Williams 215 Phoenix Drive 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 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. 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 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. 5. 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 28th 8 a.m. — 5 p.m. Tuesday, April 29th 7 a.m. — 7 p.m. Wednesday, April 30th 8 a.m. — 5 p.m. Thursday, May 15t 8 a.m. — 5 p.m. Friday, May 2"d 8 a.m. — 5 p.m. Saturday, May 3`d 8 a.m. —12 p.m. Monday, May 5th 8 a.m. — 5 p.m. Tuesday, May 7th 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 11, 20078 and not later than the close of regular business in the Early Voting Clerk's office or 5:00 p.m., whichever is later, on May 2, 2008. 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, and two (2) 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, and three (3) 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. No elector shall vote for more than two (2) Directors to the Trophy Club Municipal Utility District No. 1. No elector shall vote for more than three (3) Directors to the Trophy Club Municipal Utility District No. 2. 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. 6. Ballots: 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, and two (2) 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, and three (3) 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. No elector shall vote for more than two (2) Directors to the Trophy Club Municipal Utility District No. 1. No elector shall 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. 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 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: To the extent allowed by law, 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. Severability: 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 first hereinabove set forth. TOWN OF TROPHY CLUB, TEXAS Nick Sanders Mayor TROPHY CLUB MUNICIPAL -UTILITY ent TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1 n Dean Hof President Effective: February 4, 2008 ATTEST: By: / ld/I 7.r1r`v Lisa Ramsey Town Secretary