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ORD 2013-20TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-20 i i � i ' • ■ i + ! + i + " • • • + _ ! !L A LE WHEREAS, Section 41.009 (a)(2) of the Texas Election Code (hereinafter the "Code") establishes the first Tuesday after the first Monday in November 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 finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place, and purpose of such meeting was given as required by Chapter 559, Texas Government Code, as amended; and WHEREAS, pursuant to Article III, Section 3.09 of the Town's Home Rule Charter, the Town Council desires to and hereby calls a Special Election for the purpose of electing one (9) Council member for Place #6 for an initial term of office expiring in accordance with State law upon the canvassing of the May, 2096 election; and WHEREAS, Section 3.005 of the Texas Election Code provides that an election ordered by an authority of a political subdivision to be held on the date of the general election for state and county officers shall be ordered not later than the 78'h day before Election Day; and WHEREAS, because the Town of Trophy Club is located in both Denton County and Tarrant County, the Town will enter into an Election Services Contract with Denton County for the purpose of having Denton County provide election services for both the Denton County and Tarrant County residents of Trophy Club; and WHEREAS, the Election shall be conducted in accordance with the Code under the jurisdiction of the Denton County Elections Administration (the "Elections Administrator') pursuant to an Election Services Contract (the "Contract") by and among Denton County Elections Administration ("DCEA"), and other participating entities, if any, described in a Contract between the Town and Denton County, a copy of which Contract will be incorporated herein by reference as Exhibit "B" upon its final approval and execution by the Town; and WHEREAS, Section 85.004 of the Texas Election Code provides that an election order and the election notice must state the location of each early voting polling place; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1 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. All resident, qualified voters of the Town shall be eligible to vote at the Election. SECTION 2 DATE OF ELECTION It is hereby ordered that a Special Election (the "Election") shall be held in and throughout the Town of Trophy Club on Tuesday, November 5, 2013 using a combined ballot. • 3 PURPOSE • ELECIM 3.1 Special Election. The purpose of the Special Election is to elect one (1) Council member for Place #6 to the Town of Trophy Club Town Council for an initial term expiring in accordance with State law upon the canvassing of the May, 2016 election pursuant to Article III, Section 3.01 of the Town's Home Rule Charter. SEcTi011 4 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, 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 set forth in Article III of the Town Charter as follows: Each person who becomes a candidate for Mayor or Councilmember shall meet the following qualifications: (1) be at least eighteen (18) years of age on the first day of the form to be filed; (2) be a citizen of the United States; (3) be a qualified voter of the Town; (4) reside and have resided for at least twelve (12) months preceding the election within the corporate limits of the Town; (5) no candidate may file for more than one office or position number per election; (6) no employee of the Town shall continue in such position after becoming a candidate for a Town elective office; and, (7) If any sifting Council member files to become a candidate for another public office, he shall resign his current seat upon filing for the new office. 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 August 13, 2013 and not later than 5:00 p.m. on September 4, 2013. 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 no candidate receives a majority of all votes cast for all of the candidates for his or her office at such election as required to be lawfully elected, there shall be a runoff election held. The runoff election shall be conducted as required by the Town Charter and the Texas Election Code. Notwithstanding the foregoing, due to legal action pending in Court, the runoff election date has tentatively been set for December 10, 2013. SECTION 7 VOTING PRECINCTS The voting precincts for the Election are designated by their respective county precinct numbers. The proposed times and locations of early voting for Denton County are set forth in Exhibit "A", a copy of which is attached hereto and incorporated herein. Exhibit "A" shall be amended to include the final schedule of times and locations of early voting for both Town of Trophy Club Denton and Tarrant County residents upon announcement by the Denton County Elections Administrator. Notwithstanding the foregoing, the early voting times and locations set forth in Exhibit "A" may be changed without further action of the Town Council if so directed by the Elections Administrator for Denton County. In addition to the early voting polling locations within the Town, all Denton County Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Tarrant County Trophy Club voters may only vote at the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas. The Elections Administrator is hereby authorized and directed to make such changes in polling locations as may be necessary for the proper conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on Election Day. The Denton County Elections Administrator, Frank Phillips, is hereby appointed as Denton County Early Voting Clerk for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, 701 Kimberly Drive, Suite A101, Denton, Texas 76208. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit "A" hereto. The main early voting polling place is hereby designated to be 701 Kimberly Drive, Suite A101, Denton, Texas 76208. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit "A" hereto; such locations may be changed or additional early voting locations may be added by the Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. SECTION 9 COMPENSATION, Compensation for election judges and alternate judges for their service in the Election shall be determined by the Elections Administrator. E -slate, a Direct Record Electronic (DRE) System shall be used for early voting by personal appearance, and in the November 5, 2013 election at Denton County Polling Sites. Paper ballots, which are optically scanned, shall be used for early voting by mail. In the November 5, 2013 election, the Elections Administrator shall cause ballots to be prepared in the form of the ballot first above prescribed, being in both English and Spanish, and shall furnish election officials such ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, the Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. SECTION 10 EARLY VOTING In addition to the early voting polling location located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County per the Joint Election Agreement and Contract for Election Services with Denton County. Trophy Club Tarrant County voters may only vote at the early voting polling location designated and maintained by the Denton County Elections Administrator. SECTION 11 ELECTION MATERIALS The election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling places and for early voting for the Election and provisions shall be made for oral assistance to Spanish-speaking voters. SECTION 12 ELECTION RETURNS The election officers shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. SECTION 13 NOTICE OF ELECTION PUBLICATION Notice of the Election shall be given by posting a notice containing a substantial copy of this Ordinance in both English and Spanish at the Town Hall on the bulletin board used for posting notices of the meetings of the Town Council and by publication of such notice one time in a newspaper of general circulation published within the Town, the date of the publication to be not less than fourteen (14) days nor more than thirty (30) days prior to the date set for the Election. SECTION 14 CANVASS OF ELECTION Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass the election not earlier than November 13, 2013 and not later than November 18, 2013. Notice of the time and place for canvass shall be posted on the official bulletin board in the same manner as required by the Open Meeting Act for other Town Council meetings in accordance with the Chapter 551 of the Local Government Code. SECTION 15 VOTING RIGHTS ACT The Mayor and the Town Secretary of the Town, 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 Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 16 SEVERABILITY 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. ELECTION CONTRACTS The Town Manager or the Town Manager's designee is authorized to amend or supplement the Contract to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Elections Administrator. Attached and incorporated herein as Exhibit "B" is a copy of a joint election agreement between the Town and the Denton County Elections Department. SECTION 18 ENGROSSMENT 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 19 EFFECTIVE DATE This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 12'x' day of August, 2013. N Op Connie White, Mayor > Town of Trophy Club, Texas 7 5 [SEAL] A Amy PRurG-: WmW§ecretari�yy- Town of Trophy Club, Texas Exhibit "A" November S, 2013 Special Election Early Voting Dates chic Times (Additional early voting locations will be identified in the final contract executed with the Denton County Elections Administrator and will be posted once it becomes available.) Early Voting locations will be at Svore Municipal Building located at 100 Municipal Drive, Trophy Club, TX 76262 and Denton/Tarrant County registered voters may early vote at any Denton County Election Polling Site during Early Voting. Early voting by personal appearance begins: (Svore Municipal Building) Monday, October 21 thru Friday, October 25, 2013 8 a.m. to 5 p.m. Saturday, October 26, 2013 7 a.m. to 7 p.m. Monday, October 28th thru Friday, November 1, 2013 7 a.m. to 7 p.m. Main Early Voting location: Denton County Elections, 701 Kimberly Drive, Denton, Texas 76208 November 5, 2013 - ELECTION DAY - Voting will be held 7 a.m. to 7 p.m. (Svore Municipal Building, 100 Municipal Drive, Trophy Club, TX 76262)