RES 2002-10TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2002-10
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, ORDERING AND CALLING A BOND ELECTION TO BE
HELD ON MAY 4, 2002, FOR THE PURPOSE OF ISSUING CERTIFICATES
OF OBLIGATION TO CONSTRUCT PHASE II AND PHASE III OF THE
10-ACRE PARK AND COMMUNITY SWIMMING POOL, WITH A TOTAL
AMOUNT NOT TO EXCEED $1,400,000.00 AND WITH FUNDING TO BE
GUARANTEED BY EDC 4B; 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
ACTION AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"), in
accordance with law, hereby calls an Election for the purpose of issuing Certificates of
Obligation to constrict Phase R and Phase III of the 10-Acre Park and Community Swimming
Pool, with a total amount not to exceed $1,400,000.00 and with funding to be guaranteed by
EDC 413;
WHEREAS, on February 4, 2002, the Town adopted Ordinance No. 2002-10, a copy of
which is attached hereto for reference as "Exhibit A", calling a Joint Election to be held on May
4, 2002 for the purpose of electing three (3) Council Members for two (2) year terms each to the
Town Council, for electing three (3) Directors to the Trophy Club Municipal Utility District No.
1 for four (4) year terms each, and for electing two (2) Directors to the Trophy Club Municipal
Utility District No. 2 for four (4) year terms each;
WHEREAS, Ordinance No. 2002-10 shall not be amended, repealed, or otherwise
affected by the provisions of this Resolution; however, the proposition allowing citizens of the
Town to vote "For" or "Against' the issuance of Certificates of Obligation to construct Phase II
and Phase III of the 10-Acre Park and Community Swimming Pool, with a total amount not to
exceed $1,400,000.00 and with funding to be guaranteed by EDC 413, shall be listed on the ballot
of the Joint Election, as authorized by and in accordance with §52.072 of the Texas Election
Code;
WHEREAS, Section 41.001(a)(2) of the Texas Election Code establishes the first
Saturday of May as a Uniform Election Date for the purposes of conducting a General or Special
Election;
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 45th day before election day;
WHEREAS, Section 83.005 of the Texas Election Code provides that the City Secretary
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shall serve as the Early Voting Clerk in Municipal Elections;
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;
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.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Incorporation of Premises. All of the above premises are true and correct and
are hereby incorporated in the body of this Resolution as if fully set forth herein.
Section 2. Date of Election. It is hereby ordered that the Election shall be held in and
throughout the Town of Trophy Club, Texas, on Saturday, May 4, 2002
Section 3. Purpose of Election. The purpose of such Election, as ordered specifically by
this Resolution and without amending, repealing or otherwise affecting the Joint Election
previously called by the Town in Ordinance No. 2002-10, Is to allow citizens of the Town to vote
"For" or "Against" the issuance of Certificates of Obligation to construct Phase II and Phase III
of the 10-Acre Park and Community Swimming Pool, with a total amount not to exceed
$1,400,000.00 and with funding to be guaranteed by EDC 4B. Although ordered separately, such
proposition shall be included on a combined ballot as authorized by and in accordance with
§52.072 of the Texas Election Code;
Section 4. Polling Place and Hours. The polling place for the Election shall be the
Trophy Club Municipal Building, 100 Municipal Drive, Trophy Club, Texas. In accordance with
Section 41.031(a) of the Texas Election Code, such 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 5. Appointment of Presiding and 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
Annette "Pepper" Slusar
15 Riviera Court
Trophy Club, Texas 76262
Alternate Presiding Election Jude
Maureen Cotton
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538 Timber Ridge Drive
Trophy Club, Texas 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 Resolution.
Section 6. Appointment of Clerks. The 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 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 7. Compensation of the Judge and Clerks 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 ($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.
Section 8. 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. Each ballot shall include a
proposition to permit each voter to vote "For" or "Against' the issuance of Certificates of
Obligation to constrict Phase H and Phase III of the 10-Acre Park and Community Swimming
Pool, with a total amount not to exceed $1,400,000.00 and with funding to be guaranteed by
EDC 413.
Section 9. Governin,, 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 10. Posting of Notice and Publication. Notice of this 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
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of the Town Council, and shall be posted in three additional public places not later than twenty-
one (21) days prior to the date upon which the Election is to be held. Publication of such notice
shall be at least once in a newspaper published in the Town or, if none, then in a newspaper of
general circulation within the Town, and shall include publication of the Election Order on the
same day in two successive weeks, the first not more than thirty (30) days and not less than
fourteen (14) days before election day, in accordance with §4.003 of the Texas Election Code and
§ 1251.003 of the Texas Government Code. Upon publication of the election notice, the Town
Secretary shall secure a publisher's affidavit which complies with the requirements of the Texas
Election 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 11. 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 Monday through Friday, between the hours of 8:00 a.m.
and 5:00 p.m., and Saturday, April 27, 2002, between the hours of 8:00 a.m. and 12 noon,
commencing on Wednesday, April 17, 2002 and terminating on Tuesday, April 30, 2002. 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 5, 2002 and not later than the close of regular business in the
Early Voting Clerk's office or 12:00 p.m., whichever is later, on April 26, 2002.
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 include a proposition permitting the voters to vote "For" or "Against" the issuance of
Certificates of Obligation to construct Phase If and Phase III of the 10-Acre Park and Community
Swimming Pool, with a total amount not to exceed $1,400,000.00 and with funding to be
guaranteed by EDC 4B. 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 12. Delivery of Returns. Pursuant to Section 66.051 of the Texas Election Code,
immediately after the closing of the poll on the day of the Election, the election officers named in
this Resolution 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 Texas Election
Code.
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Section 13. Canvassing of Returns. In accordance with Section 67.003(2) of the Texas
Election Code, the Town Council shall convene on May 10, 2002 at 8:00 a.m. to canvass the
returns of the Election. Such canvassing of returns shall be conducted in accordance with all
applicable law.
Section 14. 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 15. Effective Date. That this Resolution shall become effective from and after its
date of passage in accordance with law,
AND IT IS SO RESOLVED.
PASSED AND APPROVED by the Town Council of
day of March, 2002.
ATTEST
/-�lFivCZ
Town Secreta
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM
Town Attorney
Town of Trophy Club, Texas
-t--go
Town of Trophy Club, Texas this I I1h
of Troohv-Club. Texas
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