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RES 1989-05TOWN OF TROPHY CLUB, TEXAS
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS, CALLING A GENERAL
ELECTION TO BE HELD ON MAY 6, 1989, FOR THE
PURPOSE OF ELECTING THE MAYOR FOR A TWO (2)
YEAR TERM, TWO (2) COUNCILMEMBERS FOR TWO
(2) YEAR TERMS EACH AND THE TOWN MARSHAL FOR
A TWO (2) YEAR TERM FOR SAID TOWN;
DESIGNATING THE ENTIRE TOWN AS ONE ELECTION
PRECINCT AND DESIGNATING A POLLING PLACE
WITHIN SAID TOWN; APPOINTING A PRESIDING
ELECTION JUDGE AND AN ALTERNATE PRESIDING
ELECTION JUDGE; ESTABLISHING OTHER
PROCEDURES FOR THE CONDUCT OF THE ELECTION;
ESTABLISHING A DATE FOR CANVASSING RETURNS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 41.001 of the Texas Election Code, as
amended (the "Code") specifies that the first Saturday in May
shall be a "uniform election date" and that a general election
of a town may be held on such day; and
WHEREAS, the Town Council of the Town of Trophy Club,
Texas (hereinafter referred to as the "Town") has determined
that the Town shall conduct its general municipal election on
the first Saturday in May, 1989; and
WHEREAS, by this Resolution, it is the intention of the
Town Council to: (i) call for said general election to be
held on said date, (ii) designate the entire Town as one
election precinct, (iii) designate a polling place for the
election, (iv) appoint the necessary election officers, (v)
establish and set forth procedures for conducting the election;
and (vi) establish a date for canvassing the returns of said
election.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Incorporation of Premises. That all of the
above premises are found to be true and correct and are
incorporated into the body of this Resolution as if copied
herein in their entirety.
Section 2. Election Date; Purpose of Election;
Officers and Terms of Office. That a general election shall be
held in and throughout the Town on Saturday, May 6, 1989, for
the purpose of electing the following officers:
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The Mayor for a two (2) year term, Two (2)
Councilmembers for two (2) year terms each
and a Marshal for a two (2) year term.
Section 3. Eligibility for Candidacy. In accordance
with Section 22.032 of V.T.C.A., Local Government Code and with
Section 141.001 of V.T.C.A, Election Code, and among other
requirements set forth therein, no person shall be eligible for
the office of Mayor unless that person is a registered voter
and has resided within the corporate limits of the Town for at
least 12 months preceding election day, nor shall any person be
eligible for the office of Councilmember or Marshal unless that
person is a registered voter who resides, on election day, in
the Town and has resided within the corporate limits of the
Town for at least six (6) months preceding the date of the
regular filing deadline for a candidate's application for a
place on the ballot.
Section 4. Application for a -..Place on the Ballot. In
accordance with Section 143.007 of the Code, any eligible and
qualified person may have his/her name printed upon the
official ballot as a candidate for the offices hereinbefore set
forth by filing his/her sworn application with the Town
Secretary not earlier than February 20, 1989 and not later than
5:00 p.m. on March 22, 1989. Each such application shall be on
a form as prescribed by Section 141.031 of 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
the Code.
Section 5. Runoff Election. In accordance with the
Code and a resolution of the Town Council heretofore adopted,
in the event of a tie, there shall be a runoff election held on
May 20, 1989. If a runoff election is necessary, it shall be
ordered by the Mayor not later than five (5) days after the
canvassing of the returns of the general election.
Section 6. Election Precinct; Polling Place; Election
Hours. The entire Town of Trophy Club, Texas, shall constitute
one (1) election precinct for the election, and the polling
place is hereby designated to be located at the Municipal
Utility Districts building, 100 Municipal Drive, Trophy Club,
Texas.
In accordance with and pursuant to the requirements of
the Code, said polling place shall be open from 7:00 a.m. to
7:00 p.m. on the date of the election.
Section 7. Appointment of a Presiding Election Judge
and an Alternate Presiding Election Judge; Oualifications to
Serve as Election Judge; Confirmation of Appointments; Notice
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of Appointments. 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:
Name:
Address:
Alternate Presiding Election Judge:
Name:
Address:
All Election Judges shall be qualified voters of the
Town. By approving and signing this Resolution, the Mayor of
the Town officially confirms the appointment of the aforesaid
election officers and those hereinafter appointed pursuant to
Sections 8 and 13 of this Resolution to serve at said election,
and by passing this Resolution, the Town Council approves and
concurs in the appointment of the aforesaid election officers.
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 appointments
not later than twenty (20) days from the effective date of this
Resolution.
Section 8. Appointment of Clerks. The Presiding
Election Judge herein appointed shall appoint not less than two
(2) nor more than six (6) qualified election clerks to serve
and assist in the conduct of the election, provided, however,
that if the Presiding Election Judge named herein actually
serves as expected, the Alternate Presiding Judge shall be one
(1) of such clerks. All election clerks shall be qualified
voters of the Town.
Section 9. Compensation of Election Judges and
Election Clerks. The Presiding Election Judge, Alternate
Presiding Election Judge and each Election Clerk shall be
compensated at the rate of $5.00 per hour in accordance with
Section 32.091 of the Code. The Presiding Election Judge shall
also be paid the additional sum of $25.00 for delivering the
returns of the election. Such payments shall not exceed the
maximum amounts set forth in Sections 32.091 and 32.092 of the
Code.
Section 10. Method of Voting; Election Materials. The
Town Secretary is hereby authorized and instructed to provide
and furnish all necessary election supplies to conduct the
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election. Voting at the election shall be by use of paper
ballots. Preparation of the official ballots for the election
shall conform to the requirements of the Code, and in so doing
shall permit the voter to vote for one (1) Mayor for a two (2)
year term, two (2) Councilmembers for two (2) year terms each
and one (1) Marshal for a two (2) year term. Each elector
shall place an "X" in the space provided beside each
candidate's name that he/she wishes to vote for, provided,
however, that no elector shall vote for more than one (1)
candidate for Mayor, vote for more than two (2) candidates for
Councilmember or vote for more than one (1) candidate for
Marshal.
Section 11. 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. In addition, the election materials enumerated in
the Code shall be printed in both English and Spanish for use
at the polling place and for absentee voting for the election.
Section 12. 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 Town Municipal Utility
Districts building, 100 Municipal Drive, Trophy Club, Texas at
the bulletin board or other location used for posting notices
of the meetings of the Town Council and three (3) other public
places within the Town not less than twenty-one (21) days
(April 15, 1989) prior to the date upon which the election is
to be held, and by publication of said notice at least once in
a newspaper of general circulation within the Town, the date of
said publication to be not less than ten (10) days (April 26,
1989) nor more than thirty (30) days (April 6, 1989) prior to
the date set for the election.
In addition thereto, a copy of the notice shall also be
filed with the Town Secretary at least twenty-one (21) days
(April 15, 1989) before 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.
Section 13. Absentee Voting. Absentee voting by
personal appearance shall be conducted by the Town Secretary,
who is hereby appointed the Absentee Voting Clerk, at the
office of the Town Secretary located at the Municipal Utility
Districts building, 100 Municipal Drive, Trophy Club, Texas.
For the period absentee voting for the election is permitted by
law, the Absentee Voting Clerk shall keep said office open for
absentee voting by personal appearance during regular hours on
each day except Saturday, Sunday, and official State and/or
national holidays, which hours shall be from 8:00 a.m. to 5:00
p.m., commencing on Monday, April 17, 1989, and terminating on
Tuesday, May 2, 1989. Absentee voting on a Saturday or Sunday,
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if any, shall be conducted in accordance with the requirements
of the Code.
Applications for absentee voting by mail shall be
delivered to the Absentee Voting Clerk at the same address not
earlier than March 2, 1989, and not later than the close of
business on April 28, 1989.
Absentee voting, both by personal appearance and by mail,
shall be by paper ballots, which ballots shall conform to the
requirements of the Code, and in so doing shall permit the
voters to vote for the Mayor for a two (2) year term, for two
(2) Councilmembers for two (2) year terms each and for a
Marshal for a two (2) year term. Each elector shall indicate
his/her vote by placing an "X" in the space provided beside
each candidate's name that he/she wishes to vote for, provided,
however, that no elector shall vote for more than one (1)
candidate for Mayor, for more than two (2) candidates for
Councilmembers nor for more than one (1) candidate for
Marshal. The Absentee ballots shall be canvassed by the
absentee Ballot Board, which is hereby created. The Presiding
Election Judge and the Alternate Presiding Election Judge
appointed herein shall serve as the presiding officer and the
alternate presiding officer, respectively, of the Absentee
Ballot Board. The other election officers serving at the
election shall serve as the other members of the Absentee
Ballot Board for the election.
Section 14. Delivery of..... Returns• Preservation of
Election Records. In accordance with the Code, immediately
after the closing of the poll on the day of the election, the
election officers named in this Resolution shall make and
deliver the returns of the election in triplicate as follows:
one copy shall be retained by the Presiding Election Judge, one
copy shall be delivered to the Mayor of the Town, and one copy
of the returns, together with the ballot boxes and all 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 15. Canvassing of Returns. In accordance with
the Code, the Town Council of the Town shall convene on May —,
1989, at _ o'clock p.m., to canvass the returns of the
election.
Section 16. Necessary Actions. 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 in carrying
out and conducting the election, whether or not expressly
authorized herein.
Section 17. Effective Date. This Resolution shall be
in force and effect from and after its passage, and it is
accordingly so resolved.
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PASSED AND APPROVED by the Town Council of the Town of
Trophy Club, Texas, this 13th day of February, 1989.
Mayq'rW Town of Trop'fiy Club, Texas
m
Town Wbretary, Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney, Town of Trophy Club, Texas
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