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HomeMy WebLinkAboutMarch 9, 2006 Regular Session BackupTown of Trophy Club Municipal Utility District No.1 Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Thursday, March 9, 2006 5:30 P.M. A.1 Call to Order and Announce a Quorum. A.2 Public Comments or Presentations. B.1 Discuss and take appropriate action regarding an Ordinance calling a Joint/General/Special Election for May 13, 2006. D.1 Review and Approve Minutes A. February 13, 2006 - Special Meeting D.2 Review and Approve Disbursements a. January 2005 b. February 2005 (?) D.3 Set Next Meeting Date a. Tuesday, May 9, 2005 at 6:00 p.m. F.1 Adjourn. MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 3-9-2006 Subject: Agenda Item No.A.1 Call to Order and Announce a Quorum. (mm) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 3-9-2006 Subject: Agenda Item No.A.2 Public Comments or Presentations. (mm) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 3-9-2006 Subject: Agenda Item No.B.1 Discuss and take appropriate action regarding an Ordinance calling a Joint/General/Special Election for May 13, 2006. (lr) Attachments: 1. Ordinance TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 ORDER NO. 2006-0213 AN ORDER OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 ORDERING AND CALLING A JOINT GENERAL ELECTION BETWEEN THE TOWN OF TROPHY CLUB, TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2, TO BE HELD ON MAY 13, 2006, 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 BOARD FOR FOUR (4) YEAR TERMS EACH, AND FOR ELECTING TWO (2) DIRECTORS TO THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 BOARD FOR FOUR (4) YEAR TERMS EACH; AND ORDERING AND CALLING A SPECIAL ELECTION FOR THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER TO SERVE A ONE (1) YEAR TERM IN ORDER TO COMPLETE THE TERM OF OFFICE CREATED BY A VACANCY ON THE COUNCIL; 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 second 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 political subdivision shall be the authority to order a General or Special Election; and WHEREAS, the Board of Directors of Trophy Club Municipal Utility District No. 1 desires to and hereby calls a Joint General Election between the Town of Trophy Club, Trophy Club Municipal Utility District No. 1, and Trophy Club Municipal Utility District No. 2, to be held on May 13, 2006 for the purpose of electing three (3) Council Members for two (2) year terms each to the Town of Trophy Club Town Council, to elect one (1) Council Member to a one (1) year term, in order to complete the term of office created by a vacancy on the Council and for electing three (3) Directors for four (4) year terms each to the Board of Directors of Trophy Club Municipal Utility District No. 1, and for electing two (2) Directors for four (4) year terms each to the Board of Directors of 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 45th day before election day; and WHEREAS, Section 83.006 of the Texas Election Code provides that the authority ordering the election shall appoint the Early Voting Clerk in 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 creation 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 and Section 49.104 of the Texas Water 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 agreement is attached hereto and incorporated herein as Exhibit A. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILILTY DISTRICT NO. 1: SECTION 1 INCORPORATION All of the above premises are true and correct and are hereby incorporated in the body of this Order 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 13, 2006. SECTION 3 PURPOSE OF 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 one (1) Council Member to a one (1) year term, in order to complete the term of office created by a vacancy on the Council and to elect three (3) Directors for four (4) year terms each to the Board of Directors of Trophy Club Municipal Utility District No. 1, and to elect two (2) Directors for four (4) year terms each to the Board of Directors of 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: Pursuant to Section 141.001 of the Texas Election Code, a candidate for the office of Council Member must also have resided continuously in the municipality for six 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. Pursuant to Texas Local Government Code Section 22.032, a person must also be a registered voter to be eligible for the office of Council Member. 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 11, 2006, and not later than 5:00 p.m. on March 13, 2006. 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 on June 3, 2006. The runoff election shall be held in accordance with the Texas Election Code. SECTION 7 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 8 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 Annette “Pepper” Slusar 15 Riviera Court Trophy Club, Texas 76262 Alternate Presiding Election Judge Joan Smaraldi 1 Sundance Court 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 Order. SECTION 9 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 10 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 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, one (1) Council Member to one (1) year term, in order to complete the term of office created by a vacancy on the Council and three () Directors to the Board of Directors of 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, one (1) Council Member to a one (1) year term, in order to complete the term of office created by a vacancy on the Council, and two (2) Directors to the Board of Directors of 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. No elector shall vote for more than three (3) Directors to the Board of Directors of Trophy Club Municipal Utility District No. 1. No elector shall vote for more than two (2) Directors to the Board of Directors of 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 District 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 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 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 Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., with two days designated from 7:00 a.m. to 7:00 p.m., and Saturday, May 6, 2006, between the hours of 8:00 a.m. and 12 noon, commencing on Monday, May 1, 2006 and terminating on Tuesday, May 9, 2006. 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 29, 2006 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 May 5, 2006. 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, to elect one (1) Council Member for a one (1) year term, in order to complete the term of office created by a vacancy on the Council and three (3) Directors to 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, one (1) Council Member for a one (1) year term, in order to complete the term of office created by a vacancy on the Council, and two (2) Directors to Trophy Club Municipal Utility District No. 2 for four (4) year terms each, depending upon the municipal utility district in which the voter resides. 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 Texas Election 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 (1) copy shall be retained by the Election Judge, one (1) copy shall be delivered to the President of Trophy Club Municipal Utility District No. 1, one (1) copy shall be delivered to the voter registrar, and (1) 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. SECTION 16 CANVASSING OF RETURNS In accordance with Section 67.003(2) of the Texas Election Code, the Town Council shall convene on May 22, 2006 at 5:00 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 Order shall be cumulative of all provisions of Orders of Trophy Club Municipal Utility District No. 1, except where the provisions of this Order are in direct conflict with the provisions of such other orders, in which event the conflicting provisions of such other orders are hereby repealed. SECTION 20 SEVERABILITY CLAUSE It is hereby declared to be the intent of the Board of Directors of Trophy Club Municipal Utility District No. 1 that the phrases, clauses, sentences, paragraphs, and sections of this Order are severable, and if any phrase, clause, sentence, paragraph, or section of this Order 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 Order, since the same would have been enacted by the Board of Directors without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 21 EFFECTIVE DATE This Order shall become effective from and after its date of passage and publication in accordance with law. AND IT IS SO ORDAINED PASSED AND APPROVED by the Board of Directors of Trophy Club Municipal Utility District No. 1 this 9th day of March 2006. ________________________________ DEAN HENRY, President Trophy Club Municipal Utility District No. 1 ATTEST: ____________________________________ CONSTANCE WHITE, Secretary Trophy Club Municipal Utility District No. 1 [SEAL] APPROVED AS TO FORM: ____________________________________ Robert G. West, District Attorney Trophy Club Municipal Utility District No. 1 “Exhibit A” JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 TO CONDUCT A JOINT ELECTION TO BE HELD ON MAY 13, 2006 This Joint Election Agreement is entered into this 6th day of March 2006, by and between the Town of Trophy Club, Texas, Trophy Club Municipal Utility District No. 1, and Trophy Club Municipal Utility District No. 2, to conduct a Joint Election to be held on May 13, 2006, in Trophy Club, Texas. WITNESSETH: WHEREAS, the Town of Trophy Club, Texas, Trophy Club Municipal Utility District No. 1, and Trophy Club Municipal Utility District No. 2 desire to conduct a joint Election on May 13, 2006, for the purpose of electing three (3) Council Members to the Trophy Club Town Council for a two (2) year term each, to elect one (1) Council Member to a one (1) year term, in order to complete the term of office created by a vacancy on the Council and three (3) Directors to the Board of Directors of Trophy Club Municipal Utility District No. 1 for a four (4) year term each, and two (2) Directors to the Board of Directors of Trophy Club Municipal Utility District No. 2 for a four (4) year term each; and WHEREAS, pursuant to Chapter 271, Texas Election Code, if an election ordered by the authorities of two or more political subdivisions is to be held on the same day in all or part of the same territory, the governing bodies of the political subdivisions may enter into an agreement to hold the election jointly in the election precincts that can be served by common polling places; and WHEREAS, in accordance with Chapter 271 of the Texas Election Code, the Town of Trophy Club, Texas, the Trophy Club Municipal Utility District No. 1, and the Trophy Club Municipal Utility District No. 2, mutually desire to enter into a Joint Election Agreement for an election to be held on May 13, 2006. NOW, THEREFORE, for and in consideration of the above and foregoing premises, the benefits flowing to each of the parties hereto, and other good and valuable consideration, the Town of Trophy Club, Texas, Trophy Club Municipal Utility District No. 1, and Trophy Club Municipal Utility District No. 2 (the “Participants”) do hereby agree as follows: TERMS: 1. Administration: The Town Secretary of the Town of Trophy Club shall coordinate, supervise and handle all aspects of administering the Joint Election. Such duties shall include the preparation of election orders, resolutions, notices, ballots, bilingual materials and any other pertinent election documents, in accordance with the provisions of the Texas Election Code and as outlined in this Agreement. The Town Secretary shall be responsible for any submission required by the Federal Voting Rights Act of 1965, as amended, with regard to the administration of the Joint Election; any other changes which require preclearance under the Federal Voting Rights Act of 1965, as amended, shall be the responsibility of each of the individual Participants. 2. Location of Common Polling Places: The polling place for the Joint Election shall be the Trophy Club Municipal Building, 100 Municipal Drive, Trophy Club, Texas. 3. Allocation of Election Expenses: The Participants agree to share all costs of administering the May 13, 2006 Joint Election, including but not limited to all costs incurred in preparing such Joint Election, based upon the following pro rata portion: Town of Trophy Club 34% Trophy Club Municipal District No. 1 33% Trophy Club Municipal District No. 2 33% The cost of any special request, which is not agreed upon by all Participants, shall be borne by that Participant in its entirety. In the event of a runoff election, the Participant requiring the runoff shall be responsible for all costs associated with administering such election. 4. Appointment and Compensation of Election Officers: 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 Judge Joan Smaraldi 1 Sundance Court 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 in accordance with law. 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. 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. 5. Early Voting: Early voting for the May 13, 2006 Election will be held jointly for all participating authorities. Early voting by personal appearance shall be conducted by the Town Secretary, who is 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, May 6, 2006, between the hours of 8:00 a.m. and 12 noon, commencing on Monday, May 1st, 2006 and terminating on Tuesday, May 9th, 2006. 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 100 Municipal Drive, Trophy Club, Texas, not earlier than March 29, 2006 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 May 5, 2006. 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) Council Members for the Town of Trophy Club for a two (2) year term each, to elect one (1) Council Member to a one (1) year term, in order to complete the term of office created by a vacancy on the Council and three (3) Directors to Municipal Utility District No. 1 for a four (4) year term each, OR three (3) Council Members for the Town of Trophy Club for a two (2) year term each and two (2) Directors to Municipal Utility District No. 2 for a four (4) year term each, depending upon the municipal utility district in which the voter resides. The early voting ballots shall be canvassed by the Early Voting Ballot Board. The Election Judge and the Alternate Election Judge shall serve as the Presiding Officer and the alternate Presiding Officer, respectively of the Early Voting Ballot Board. The other election officers serving at the Election shall serve as the other members of the Early Voting Ballot Board for the Election. 6. Ballots: 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) Council Members for the Town of Trophy Club for a two (2) year term each, one (1) Council Member for a one (1) year term, in order to complete the term of office created by a vacancy on the Council and three (3) Directors for the Trophy Club Municipal Utility District No. 1 for a four (4) year term each, OR three (3) Council Members for the Town of Trophy Club for a two (2) year term each, one (1) Council Member for a one (1) year term, in order to complete the term of office created by a vacancy on the Council, and two (2) Directors for the Trophy Club Municipal Utility District No. 2 for a four (4) year term each, depending upon the municipal utility district in which the voter resides. No elector shall vote for more than three (3) Council Members. No elector shall vote for more than three (3) Directors for Trophy Club Municipal Utility District No. 1. No elector shall vote for more than two (2) Directors for Trophy Club Municipal Utility District No. 2. 7. Maintenance of Election Forms and Records: Polling place forms and records for Participants shall be maintained by the Town Secretary of the Town of Trophy Club, Texas, as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each Participant, as well as to the public in accordance with the Texas Public Information Act, Chapter 552, Texas Government Code. All records shall be maintained in an orderly manner, so that records are clearly identifiable and accessible. Records of the election shall be retained and disposed of in accordance with the provisions of Title 6, Subtitle C, Chapters 201 through 205 of the Texas Local Government Code, including the minimum retention requirements established by the Texas State Library and Archives Commission. If records of the election are involved in any pending election contest, investigation, litigation, or Texas Public Information Act inquiries, the records shall be maintained until final resolution or judgment, regardless of any other retention requirements. It is the responsibility of each Participant to notify the Town Secretary of any pending contest, investigation, litigation, or Texas Public Information Act inquiry. Any costs associated with the retention of records required beyond eligibility for preservation shall be borne by the Participant requesting such continued retention. On the first business day following the date that the records of the election are eligible for destruction, each Participant shall be notified in writing of the anticipated destruction of such records. Each Participant shall provide written authorization to proceed with or withhold the destruction of such records. 8. Canvassing: Each of the Participants hereto shall convene separately at properly posted meetings in the time frame required by the Election Code and canvass the results of their respective elections. 9. Runoff Election: In the event a runoff is necessary, this Agreement will automatically be extended to cover the runoff, unless a Participant states in writing immediately upon notice that a runoff election will be necessary that it does not want to participate in a joint runoff. 10. Term of Agreement: This Agreement shall be effective upon execution by all Participants and may be terminated by written notice only pursuant to Paragraph 11 of this Agreement. 11. Notice: Whenever this Agreement requires any consent, approval, notice, request or demand, it must be in writing to be effective and shall be delivered to all Participants by certified mail, return receipt requested, and shall be properly addressed as follows: If to the Town of Trophy Club: If to Municipal Utility District No. 1: Town of Trophy Club Trophy Club Municipal Utility District No. 1 Mayor President 100 Municipal Drive 100 Municipal Drive Trophy Club, Texas 76262 Trophy Club, Texas 76262 If to Municipal Utility District No. 2: Trophy Club Municipal Utility District No. 2 President 100 Municipal Drive Trophy Club, Texas 76262 12. Authority to Execute Agreement: The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 13. Counterparts: This Agreement may be executed in any number of counterparts and each shall be considered an original and collectively shall constitute one agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 14. Entire Agreement: This Agreement represents the entire and integrated agreement between the Participants and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by all Participants. 15. Hold Harmless: Each Participant does hereby agree to waive all claims against, release, and hold harmless each other Participant and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorneys fees, including all expenses of litigation or settlement, or causes of action which may arise by, result from, or relate to the performance of this Agreement, including but not limited to injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this Agreement. 16. Severability: If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this contract are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. IN WITNESS WHEREOF, the Town of Trophy Club, Trophy Club Municipal District No. 1, and Trophy Club Municipal Utility District No. 2 have executed this Agreement on the day and year first hereinabove set forth. TOWN OF TROPHY CLUB, TEXAS TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 By: By: Nick Sanders Dean Henry Mayor President TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 By: Jim Budarf President Effective: _____________________ ATTEST: By: Lisa Ramsey Town Secretary MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 3-9-2006 Subject: Agenda Item No.D.1 Review and Approve Minutes A. February 13, 2006 - Special Meeting (mm) Attachments: 1. Minutes MINUTES OF REGULAR SESSION TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 February 13, 2006 The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Tarrant and Denton Counties met in Regular Session on Monday, February 13, at 5:30 p.m., in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. DIRECTORS PRESENT: Dean Henry President Ted Neidenberger Vice President Connie White Secretary/Treasurer Jim Hase Asst. Secretary/Treasurer Gary Cantrell Director STAFF AND GUESTS PRESENT: Walter Fitzpatrick District Manager Mary Moore Recording Secretary Roger Unger Finance Director Sakura Dedrick Financial Analyst Jim Buxton Financial Analyst Neil Twomey 203 Oakmont Drive REGULAR SESSION A.1 Call meeting to order. President Henry announced a quorum and called the meeting to order at 5:33 p.m. A.2 Public Comments or Presentations. None. B.1 Discuss and take appropriate action concerning the 2004 - 2005 financial audit for Trophy Club Municipal Utility District No. 1. Jim Buxton and Roger Under addressed the Board’s audit questions. Director Neidenberger moved to accept the 2004-2005 financial audit for Trophy Club Municipal Utility District No. 1 subject to one change. Director Cantrell seconded the motion; motion carried unanimously. B.2 Discuss and take appropriate action concerning Order 2006-0213 of Trophy Club Municipal Utility District No. 1, ordering and calling a joint general election between the Town of Trophy Club, Trophy Club Municipal Utility District No. 1, and Trophy Club Municipal Utility District No. 2, to be held on May 13, 2006. District Manager Fitzpatrick advised that the Town’s portion of this Joint Ordinance is still undergoing some changes, and as a result, action will be tabled to a March meeting. No action. D.1 Review and Approve Minutes a. February 7, 2006 Regular Session minutes. Director White moved to approve the minutes for February 7, 2006. Director Neidenberger seconded the motion; motion carried unanimously. D.5 Set Next Meeting Date a. Tuesday, March 7, 2006 at 6:00 p.m. OR Tuesday, April 11, 2006 at 6:00 p.m. The Board agreed to meet on Thursday, March 9th, 2006 at 5:30 p.m., before the Master District meeting. F.1 Adjourn. Meeting adjourned at 5:45 p.m. _________________________________ Dean Henry, President (SEAL) ____________________________________ Constance S. White, Secretary/Treasurer ____________________________________ Mary Moore, Recording Secretary MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 3-9-2006 Subject: Agenda Item No.F.1 Adjourn. (mm)