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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: 0218e/41 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 - 2 - 0218e/42 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 - 3 - 0218e/43 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, - 4 - 0218e/44 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. - 5 - 0218e/45 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 - 6 - 0218e/46