HomeMy WebLinkAbout2020-0120A Order Calling Director ElectionORDER NO. 2020-0120A
AN ORDER OF TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1 CALLING AN ELECTION FOR
DIRECTORS; AUTHORIZING EXECUTION OF A JOINT
ELECTION AGREEMENT AND ELECTION SERVICES
AGREEMENT; AND APPROVING OTHER MATTERS
RELATED TO SAID ELECTION
WHEREAS, Trophy Club Municipal Utility District No. 1 (the "District") is a
conservation and reclamation district created under Article XVI, Sec. 59 of the Texas
Constitution by order of the Texas Natural Resource Conservation Commission, now the Texas
Commission on Environmental Quality ("TCEQ"), and the District operates under Chapters 49
and 54 of the Texas Water Code, as amended;
WHEREAS, the Board of Directors of the District desires to conduct an election for the
purpose of electing two (2) directors of Trophy Club Municipal Utility District No. 1 on May
2, 2020;
WHEREAS, Section 271.002 et seq. of the Election Code authorizes joint elections to be
held by certain entities, including two or more political subdivisions in all or part of the same
territory, provided the governing bodies enter into an agreement to hold the election jointly;
WHEREAS, pursuant to Section 271.003 of the Election Code, a regular county polling
place may be used for a common polling place in a joint election, and the voters of a political
subdivision may be served in a joint election by a common polling place outside the boundary
of the political subdivision if the location can adequately and conveniently serve the affected
voters and will facilitate the orderly conduct of the election;
WHEREAS, the District intends to enter into a joint election contract with one or more
other political subdivisions conducting an election on May 2, 2020 and further intends to enter
into contracts with Denton and Tarrant Counties to conduct said joint election; and
WHEREAS, the Board of Directors of the District, in an open, public meeting, proper
notice of which has been given as required by law, has given consideration to calling a director
election for May 2, 2020 and authorizing execution of agreements with Denton County and
Tarrant County for purpose of conducting the election.
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 THAT:
Section 1: The matters and facts set out in the preamble of this Order are hereby found and
declared to be true and correct and are incorporated by reference herein and expressly made a
part hereof, as if copied verbatim.
Section 2: An election for two (2) directors shall be held between the hours of 7:00 a.m.
and 7:00 p.m., on the 2nd day of May 2020. The polling places designated for holding the
election shall be the polling places determined by Denton County and Tarrant County to serve
the counties' respective regular election precincts within the District, which polling places are
hereby approved, established and designated, and shall be attached hereto as Exhibit "A". Such
exhibit shall be revised and finalized to incorporate any changes to the polling places established
by the Elections Administrators of Denton County or Tarrant County. After duly considering
the requirements of the Texas Election Code, the Board hereby finds said polling places to be
proper places for conducting the election. The Board of Directors specifically finds that the
locations can adequately and conveniently serve the affected voters of the District and will
facilitate the orderly conduct of the election.
Section 3: The Elections Administrators of Denton County and Tarrant County are
conducting the election pursuant to a contract for election services between the District and such
Election Administrators as authorized under Section 31.092 of the Texas Election Code (the
"Election Services A2-reements"). The election shall be held as a joint election pursuant to
Chapter 271 of the Texas Election Code and a joint election agreement to be entered into between
the District and the other eligible participating entities that are holding an election on May 2,
2020 (the "Joint Election Agreement"). The Board of Directors hereby authorizes and directs
its General Manager to enter into the Election Services Agreements and Joint Election
Agreement on behalf of the District.
Section 4: The boundaries of the District are hereby established and shall constitute one
election precinct for purposes of the election. The District's boundaries overlap areas within
both Denton and Tarrant County and the District will therefore contract for election services with
both counties to serve qualified voters of the District that reside in each county. The Denton
County Elections Administrator is appointed to serve as the District's Election Officer to conduct
the election for qualified voters of the District residing in Denton County, and the Tarrant County
Elections Administrator is appointed to serve as the District's Election Officer to conduct the
election for qualified District voters residing in Tarrant County.
Section 5: Early voting shall be conducted at the early voting polling locations
established by Denton County and Tarrant County, which early polling locations are hereby
approved, established and designated and shall be attached hereto as Exhibit "B". These places
shall remain open on the dates and at the times established by Denton County and Tarrant
County, which times and dates shall also be set forth in Exhibit "B". The Denton and Tarrant
County Election Administrators are hereby appointed as the Early Voting Clerks for their
respective county. Early voting shall commence on the 12th day before the election (April 20,
2020) and continue through the 4th day preceding the date of the election (April 28, 2020) as
provided by the provisions of the Texas Election Code. The Early Voting Clerks' mailing
addresses to which ballot applications and ballots to be voted by mail may be sent in are as
follows:
For Qualified Voters of the District residing in
Denton County:
Early Voting Clerk
Denton County Elections Administration
701 Kimberly Drive, Suite A101
Denton, Texas 76208
For Qualified Voters of the District residing in
Tarrant County:
Early Voting Clerk
Tarrant County Elections Administration
2700 Premier Street
Fort Worth, Texas 76111
Section 6: All resident, qualified electors of the District shall be entitled to vote at the
election. Qualified electors of the District residing in Denton County shall vote at locations
established by Denton County. Qualified electors of the District residing in Tarrant County shall
vote at locations established by Tarrant County.
Section 7: At said election, there shall be submitted to the duly qualified resident electors
of the District the matter of electing two (2) directors by submitting the names of those persons
who have duly and legally filed as candidates for such office. The purpose of the election is to
elect a Director to Place One (1) for a four (4) year term and elect a Director to Place Two (2)
for a four (4) year term. Directors shall be elected by plurality vote by place number.
Section 8: Written application to have a person's name printed on the ballot as a candidate
for the office of Director of the District must be signed by the candidate and must be received
by the District Secretary no later than 5:00 p.m. on February 14, 2020. No person's name shall
be placed on the ballot unless he or she is a least eighteen (18) years of age, a resident citizen of
the State of Texas, owns land subject to taxation in the District, or is a qualified voter within the
District. No person who is disqualified by the laws of the State of Texas from serving as a director
of this District shall have his or her name placed on the ballot. The District Secretary is
authorized to determine the qualifications of candidates for office. Any person not satisfied
with the District Secretary's ruling may appeal the decision to the Board of Directors of the
District. Blank applications and copies of this Order may be obtained from the District Secretary,
who is hereby designated as the District's agent for purposes of the May 2, 2020 election.
Section 9: The election shall be held and conducted and returns made to this Board of
Directors in accordance with the Texas Election Code, as modified by Chapters 49 and 54, Texas
Water Code.
Section 10: Immediately after the election, the officers holding same shall make and
deliver the returns of the results thereof to the District Secretary, who shall safely keep them and
deliver same to the Board of Directors at its next meeting, at which time the Board shall timely
canvass said returns and declare the results of said election.
Section 11: The District Secretary is hereby directed to cause notice of the election to be
published in English, Spanish and Vietnamese on the District website no earlier than April 3,
2020 and no later than April 22, 2020 and to post a copy of the notice of election on the bulletin
board used for posting notices of District meetings not later than April 11, 2020.
Section 12: The rate of pay for judges and clerks of the election shall be determined by the
Denton County Election Officer and the Tarrant County Election Officer in compliance with the
Texas Election Code.
Section 13: The District's President, Secretary, General Manager, and legal counsel are
authorized and directed to take any action necessary to carry out the provisions of this Order,
including entering into one or more joint election agreements with other political subdivisions
in Denton and Tarrant Counties, Texas that will be conducting an election on May 2, 2020 at
the locations identified on the exhibits attached hereto.
ADOPTED, PASSED AND APPROVED the 20th day of January 2020.
ATTEST:
Steve Flynn, Secretary
Board of Directors
au ie Slaght, District Secye ary
Gregor ilson, President
Board of Directors
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Exhibit "A"
Election Precincts and Polling Locations
Exhibit "B"
Early Voting Locations and Times