ORD 2008-07TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008-07
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2008-04
ORDERING AND CALLING A JOINT GENERAL ELECTION ON
MAY 10, 2008 AND ADOPTING A NEW ORDINANCE
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; and
WHEREAS, On February 4, 2008, the Town Council adopted Ordinance
No. 2008-04 calling and ordering a Joint General Election for May 10, 2008; and
WHEREAS, the Council finds it necessary to repeal Ordinance No. 2008-
04 and adopt this Ordinance in order to change the last date for early voting from
May 7, 2008 to May 6, 2008 and to change that date accordingly in the
Ordinance and all attachments hereto.
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 21 years 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 5`h, 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.
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, 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
Tuesday, April 291h
Wednesday, April 30th
Thursday, May 1st
Friday, May 2nd
Saturday, May 3rd
Monday, May 51h
Tuesday, May 6th
8 a.m. — 5 p.m.
7 a.m. — 7 p.m.
8 a.m. — 5 p.m.
8 a.m. — 5 p.m.
8 a.m. — 5 p.m.
8 a.m. — 12 p.m.
8 a.m. — 5 p.m.
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
ATTEST: 1
`' own Secretary
Town of Trophy Club, Texas
[SEAL]
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APPROVED AS TO FORM: I*
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Town Attorney
Town of Trophy Club, Texas