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HomeMy WebLinkAbout2022-0119A Order Calling an Election for Directors May 7, 2022Order No. 2022-0119A ORDER NO. 2022-0119A 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 three (3) directors of Trophy Club Municipal Utility District No. 1 on May 7, 2022; 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 7, 2022 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 7, 2022, 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: 1 of 7 Order No. 2022-0119A 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 three (3) directors shall be held between the hours of 7:00 a.m. and 7:00 p.m., on the 7th day of May 2022. 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 Azreements"). 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 7, 2022 (the "Joint Election A-reement"). 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 2 of 7 Order No. 2022-0119A respective county. Early voting shall commence on the 12th day before the election (April 25, 2022) and continue through the 4th day preceding the date of the election (May 3, 2022) 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 three (3) 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 Three (3) for a four (4) year term, elect a Director to Place Four (4) for a four (4) year term, and elect a Director to Place Five (5) 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 18, 2022. 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 3 of 7 Order No. 2022-0119A 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 7, 2022 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 provided in English, Spanish and Vietnamese in accordance with the requirements of Section 4.003 of the Texas Election Code and all other requirements of law. 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 7, 2022, at the locations identified on the exhibits attached hereto. 4 of 7 Order No. 2022-0119A ADOPTED, PASSED AND APPROVED the 19th day of January 2022. ATTEST: )Lc6u Y?' Kelly Castonguay, Secretary Board of Directors a rie Slaght, District Sere)tary 5 of 7 r SteveF yl nn, Presii ent\-- Board of Directors Order No. 2022-0119A Exhibit "A" Election Precincts and Polling Locations 6 of 7 Order No. 2022-0119A Exhibit "B" Early Voting Locations and Times