Agenda Packet TC 11/13/2015 - Special SessionTown Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom8:30 AMFriday, November 13, 2015
SPECIAL SESSION
CALL TO ORDER AND ANNOUNCE A QUORUM
REGULAR SESSION
1.2015-0714-T Consider and take appropriate action regarding an Ordinance canvassing the returns
and declaring the results of the Bond Election held on November 3, 2015, in the Town
of Trophy Club, Texas to authorize the issuance of General Obligation Bonds for a joint
police and town hall facility; and providing an effective date.
ORD 2015-38 - Canvassing returns of November 2015 Bond Election.pdfAttachments:
2.2015-0748-T Consider and take appropriate action regarding an Ordinance canvassing the returns
and declaring the results of the Special Election held on November 3, 2015, in the Town
of Trophy Club, Texas for the purpose of two (2) Charter Amendments; and providing
an effective date.
ORD 2015-39 - Canvassing returns of November 2015 Charter Amendments.pdfAttachments:
3.2015-0750-T Consider and take appropriate action regarding an Ordinance adopting and putting the
2015 Home Rule Charter Amendment into effect; providing for the Incorporation of
Premises; providing for engrossment, enrollment, and certification; and providing an
effective date.
ORD 2015-41 - Adopting and Putting a Charter Amendment in effect.pdfAttachments:
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
Town Council Page 1 of 17 Meeting Date: November 13, 2015
November 13, 2015Town Council Meeting Agenda
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on November 9, 2015, by 5:00 p.m.
in accordance with Chapter 551, Texas Government Code.
Holly Fimbres
Town Secretary/RMO
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance, and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2015.
________________________________, Title: ___________________________
Town Council Page 2 of 17 Meeting Date: November 13, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0714-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/21/2015 Town Council
On agenda:Final action:11/13/2015
Title:Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring
the results of the Bond Election held on November 3, 2015, in the Town of Trophy Club, Texas to
authorize the issuance of General Obligation Bonds for a joint police and town hall facility; and
providing an effective date.
Attachments:ORD 2015-38 - Canvassing returns of November 2015 Bond Election.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the
Bond Election held on November 3, 2015, in the Town of Trophy Club, Texas to authorize the issuance of General
Obligation Bonds for a joint police and town hall facility; and providing an effective date.
Town Council Page 3 of 17 Meeting Date: November 13, 2015
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2015-38
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, CANVASSING THE RETURNS AND
DECLARING THE RESULTS OF A BOND ELECTION HELD IN THE
TOWN OF TROPHY CLUB, TEXAS, ON NOVEMBER 3, 2015; AND
PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE.
WHEREAS, the Town Council (the “Town Council”) of the Town of Trophy Club,
Texas (the “Town”) duly authorized a bond election (the “Election”) to be held within the
Town on November 3, 2015, for the purpose of submitting to the resident qualified
electors of the Town the proposition hereinafter set forth; and
WHEREAS, the Town Council has investigated all matters pertaining to the
Election, including the ordinance calling the Election, giving notice, appointing officers,
holding and making returns of the Election; the election officers who held the Election
have duly made the returns of the results thereof; and said returns have been duly
delivered to the Town Council for official canvassing of the returns thereof; and
WHEREAS, upon the consideration of the returns of the Election, it is hereby
found and determined that the same was held in accordance with the authorizing
proceedings and was in all respects legally held after due notice had been given, and
the returns duly and legally made, and other instruments, showed the following results:
PROPOSITION NO. 1
Shall the Town Council of the Town of Trophy Club,
Texas be authorized to issue general obligation
bonds of said Town in the aggregate principal
amount of $5,400,000 for the purpose of providing
funds for permanent public improvements, to-wit:
designing, developing, constructing and equipping a
joint police and town hall facility and the acquisition
of land therefore; such bonds to mature serially
within not to exceed twenty-five (25) years from their
date, to be issued in one or more series and sold at
such prices and bear interest at such rates as shall
be determined within the discretion of the Town
Council under the laws of the State in effect at the
time of such issuance; and to provide for the
payment of the principal of and interest on said
bonds by levying ad valorem taxes to be assessed
and collected annually in an amount sufficient to pay
the annual interest on and to create a sinking fund to
redeem said bonds as they become due.
840* Votes For
497* Votes Against
Town Council Page 4 of 17 Meeting Date: November 13, 2015
TOTAL BALLOTS CAST IN ELECTION: 1,361*
(*Subject to change based on results received by Denton County and Tarrant County
Elections Administrators by November 12, 2015)
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS THAT:
Section 1. All of the recitals contained in the preamble of this Ordinance are
found to be true and are adopted as findings of fact by the Town Council and as part of
its judgment.
Section 2. It is found and determined that the results of the Election as
canvassed and tabulated in the preamble hereof reflect the expressed desires of the
electors.
Section 3. This Ordinance shall take effect immediately upon its passage and
approval.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 13th day of November, 2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORD 2015-38 Page 2 of 4
Town Council Page 5 of 17 Meeting Date: November 13, 2015
MINUTES AND CERTIFICATION PERTAINING TO
PASSAGE OF AN ORDINANCE
On November 13, 2015, the Town Council of the Town of Trophy Club, Texas,
convened at ______ a.m., in a Special Session meeting at the regular meeting place
thereof, the meeting being open to the public and notice of said meeting, giving the
date, place and subject thereof, having been posted as prescribed by Chapter 551,
Texas Government Code, as amended; and the roll was called of the duly constituted
officers and members of the Town Council, which officers and members are as follows:
C. Nick Sanders, Mayor Jim Parrow )
Greg Lamont, Mayor Pro Tem Garrett Reed )
Rhylan Rowe ) Members of
Tim Kurtz ) the Council
Philip Shoffner )
and all of said persons were present except ________________________________,
thus constituting a quorum. Whereupon, among other business, a written ordinance
bearing the following caption was introduced:
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, CANVASSING THE RETURNS AND
DECLARING THE RESULTS OF A BOND ELECTION HELD IN THE
TOWN OF TROPHY CLUB, TEXAS, ON NOVEMBER 3, 2015; AND
PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE.
The Ordinance, a full, true and correct copy of which is attached hereto, was
read and reviewed by the Town Council.
Thereupon, it was duly moved and seconded that the Ordinance be finally
passed and adopted.
The Presiding Officer put the motion to a vote of the members of the Town
Council, and the Ordinance was finally passed and adopted by the following vote:
AYES: ___ NAYS: ___ ABSTENTIONS: ___
ORD 2015-38 Page 3 of 4
Town Council Page 6 of 17 Meeting Date: November 13, 2015
MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT, and to
correctly reflect the duly constituted officers and members of the Town Council of said
Town, and the attached and following copy of said Ordinance is hereby certified to be a
true and correct copy of an official copy thereof on file among the official records of the
Town, all on this 13th day of November, 2015.
_______________________________
Town Secretary
Town of Trophy Club, Texas
Minutes and Certification of Ordinance Canvassing Election Result
Town Council Page 7 of 17 Meeting Date: November 13, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0748-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/6/2015 Town Council
On agenda:Final action:11/13/2015
Title:Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring
the results of the Special Election held on November 3, 2015, in the Town of Trophy Club, Texas for
the purpose of two (2) Charter Amendments; and providing an effective date.
Attachments:ORD 2015-39 - Canvassing returns of November 2015 Charter Amendments.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the
Special Election held on November 3, 2015, in the Town of Trophy Club, Texas for the purpose of two (2) Charter
Amendments; and providing an effective date.
Town Council Page 8 of 17 Meeting Date: November 13, 2015
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2015-39
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
CANVASSING THE RETURNS, INCLUDING THE RETURNS OF
EARLY VOTING BALLOTS CAST IN CONNECTION
THEREWITH, AND DECLARING THE RESULTS OF THE
SPECIAL ELECTION HELD ON NOVEMBER 3, 2015, AS SUCH
RETURNS RELATE TO THE TWO (2) PROPOSITIONS
CONTAINING POTENTIAL AMENDMENTS TO THE TOWN’S
HOME RULE CHARTER; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR THE
CONFIRMATION OF VOTE TABULATIONS; PROVIDING FOR
THE ENACTMENT OF A PROPOSITION; AUTHORIZING THE
ISSUANCE OF THE CANVASS OF THE SPECIAL ELECTION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 11, 2015 the Town Council of the Town of Trophy
Club, Texas (the “Town”) passed and approved Ordinance No. 2015-17 ordering
a Special Election regarding two (2) Propositions containing potential
amendments to the Town’s Home Rule Charter; and
WHEREAS, Ordinance No. 2015-17 also ordered the appointment of a
Presiding Election Judge and an Alternate Presiding Election Judge for the
purpose of conducting such election; and
WHEREAS, the appropriate authority of the Town heretofore caused to be
posted and published, in accordance with the election laws of the State of Texas,
notice of the Special Election; and
WHEREAS, it appears that a total of 1,361* votes were cast in such
elections; and
WHEREAS, the Special Election was duly and legally held on November
3, 2015 in the Town and in conformity with the election laws of the State of
Texas, and the results of the Special Election, including the early voting results,
have been certified and returned to the proper judges and clerks thereof; and
WHEREAS, the official returns of the presiding judges of the Special
Election, including the returns of early voting ballots in connection therewith, and
as such returns are related to a Special Election as related to two (2)
Propositions containing potential amendments to the Town’s Home Rule Charter,
have been presented to the Town Council acting in its capacity as the
Canvassing Board for the Special Election; and
Town Council Page 9 of 17 Meeting Date: November 13, 2015
WHEREAS, the Town Council has considered the returns of the Special
Election as related to two (2) propositions to amend the Home Rule Charter for
the Town, as initiated by the Town Council, in regards to removing the provision
that restricts a person from holding office as Mayor or as a Councilmember for
successive full terms totaling more than six (6) years and repealing language
requiring the Town Manager to submit a proposed budget and message to the
Town Council before August 1 of each year and requiring the submission of the
budget and message each year in accordance with State law requirements;
including the returns of early voting ballots cast in connection therewith; and
WHEREAS, the returns of the Special Election, including the returns of the
early voting ballots, duly and legally made, showed that each Proposition
received the following votes:
Proposition No. 2:
TERM LIMITS: AN AMENDMENT TO REPEAL SECTION 3.22
“TERM LIMITS” IN ITS ENTIRETY IN ORDER TO REMOVE THE
CHARTER PROVISION THAT RESTRICTS A PERSON FROM
HOLDING OFFICE AS MAYOR OR AS A COUNCILMEMBER FOR
SUCCESSIVE FULL TERMS TOTALING MORE THAN SIX (6)
YEARS.
Early Voting
Results
Election Day
Results
Total
Votes
For 248* 184* 432*
Against 505* 401* 906*
Proposition No. 3:
BUDGET, FINANCE AND TAXATION-SUBMISSION: AN
AMENDMENT TO SECTION 9.02 “SUBMISSION” REPEALING THE
LANGUAGE REQUIRING THAT THE TOWN MANAGER SUBMIT A
PROPOSED BUDGET AND MESSAGE TO TOWN COUNCIL
BEFORE AUGUST 1 OF EACH YEAR AND ADOPTING LANGUAGE
REQUIRING THE SUBMISSION OF THE BUDGET AND MESSAGE
EACH YEAR IN ACCORDANCE WITH STATE LAW REQUIREMENTS.
Early Voting
Results
Election Day
Results
Total
Votes
For 505* 361* 866*
Against 239* 219* 458*
(*Subject to change based on results received by Denton County and Tarrant County
Elections Administrators by November 12, 2015)
ORD 2015-38 Page 2 of 5
Town Council Page 10 of 17 Meeting Date: November 13, 2015
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
Section 1. Incorporation of Premises. The above and foregoing
premises are true and correct and are incorporated into the body of this
Ordinance and made a part hereof for all purposes.
Section 2. Confirmation of Vote Tabulations. The results of the Special
Election, as related to two (2) Propositions containing potential amendments to
the Town’s Home Rule Charter, and as canvassed and tabulated above, reflect
the expressed desires of the resident, qualified voters of the Town.
Section 3. Enactment of Propositions. In accordance with the canvass
and tabulation of the following results of the Special Election and consistent with
the Town’s Home Rule Charter and Orders of Election contained in Ordinance
No. 2015-17, Proposition No. 1 to remove the provision that restricts a person
from holding office as Mayor or as a Councilmember for successive full terms
totaling more than six (6) years; and Proposition No. 2 to repeal language
requiring the Town Manager to submit a proposed budget and message to the
Town Council before August 1 of each year and requiring the submission of the
budget and message each year in accordance with State law requirements shall
be duly enacted pursuant to the canvass, tabulation, Town’s Home Rule Charter
and Election Orders for each of the Propositions as set forth on the ballot, and
the Town Council shall contemporaneously with the passage of this Ordinance
adopt an Ordinance putting the Home Rule Charter Amendments into effect as
specified in the Order of Election and the Town’s Home Rule Charter.
Section 4. Issuance of Canvass of the Special Election. The Mayor is
hereby authorized and directed to execute and deliver the Canvass of the
Special Election, a copy of which is attached hereto as Exhibit “A”, in accordance
with the election laws of the State of Texas, and to take all other action
necessary in connection therewith.
Section 5. Engrossment and Enrollment. The Town Secretary of the
Town of Trophy Club is hereby directed to engross and enroll this Ordinance by
filing this Ordinance in the ordinance records of the Town as required in the
Town Charter.
Section 6. Effective Date. This Ordinance shall take effect from and
after its date of passage in accordance with law, and it is so ordained.
ORD 2015-38 Page 3 of 5
Town Council Page 11 of 17 Meeting Date: November 13, 2015
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this 13th day of November, 2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORD 2015-38 Page 4 of 5
Town Council Page 12 of 17 Meeting Date: November 13, 2015
TOWN OF TROPHY CLUB, TEXAS
CANVASS OF SPECIAL ELECTION
I, the undersigned Mayor of the Town of Trophy Club, Texas, and
Presiding Officer of the Canvassing Authority of the Town, met on 13th day of
November, 2015 with the Town Council of the Town, sitting as the Canvassing
Board to canvass the returns of the Special Election held on November 3, 2015,
at the Trophy Club Town Hall Building, 100 Municipal Drive, Trophy Club, Texas,
as such returns related to amendments of the Home Rule Charter for the Town.
I DO HEREBY CERTIFY that the figures on the tally sheets correspond
with the figures on the returns.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
seal of the Town of Trophy Club, Texas to be affixed hereto, this 13th day of
November, 2015.
(Seal)
__________________________
Mayor and Presiding Officer of
the Canvassing Authority
Trophy Club, Texas
ORD 2015-38 Page 5 of 5
Town Council Page 13 of 17 Meeting Date: November 13, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0750-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:11/9/2015 Town Council
On agenda:Final action:11/13/2015
Title:Consider and take appropriate action regarding an Ordinance adopting and putting the 2015 Home
Rule Charter Amendment into effect; providing for the Incorporation of Premises; providing for
engrossment, enrollment, and certification; and providing an effective date.
Attachments:ORD 2015-41 - Adopting and Putting a Charter Amendment in effect.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an Ordinance adopting and putting the 2015 Home Rule Charter
Amendment into effect; providing for the Incorporation of Premises; providing for engrossment, enrollment, and
certification; and providing an effective date.
Town Council Page 14 of 17 Meeting Date: November 13, 2015
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2015-41
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
ADOPTING AND PUTTING THE 2015 HOME-RULE CHARTER
AMENDMENT INTO EFFECT; PROVIDING FOR THE INCORPORATION
OF PREMISES; PROVIDING FOR ENGROSSMENT, ENROLLMENT,
AND CERTIFICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, at a Special Election held within the Town of Trophy Club, Texas, on
the 3rd day of November, 2015, more than a majority of the duly qualified resident
electors of the Town of Trophy Club, voting in the Special Election, voted in favor of the
approval and adoption of an amendment to the Home Rule Charter for the Town of
Trophy Club, Texas; and
WHEREAS, on the 13th day of November, 2015, the Town Council of the Town
of Trophy Club adopted an Ordinance canvassing the returns of the Special Election
and declaring that the Charter had been so amended in accordance with the official
results of the Special Election and the Order of the Special Election, and thereby
approved and adopted an amendment to the Home-Rule Charter of the Town of Trophy
Club; and
WHEREAS, section 9.005 of the Texas Local Government Code provides that a
charter amendment does not take effect until the governing body of the municipality
enters an order in the records of the municipality declaring that the charter amendment
is adopted, and the Town’s Home Rule Charter and state law provide that the Town
Council of the Town of Trophy Club shall, as soon as possible, put such Charter
amendments into effect by Ordinance; and
WHEREAS, it deemed to be for the best interests of the Town of Trophy Club
and its residents that such Charter amendment passed and approved now be put into
full effect consistent with the official results of the November, 2015 Special Election in
accordance with the Order of the Special Election and Chapter 9 of the Texas Local
Government Code.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated into
the body of this Ordinance and made a part hereof for all purposes.
Town Council Page 15 of 17 Meeting Date: November 13, 2015
ORD 2015-41 Page 2 of 3
SECTION 2.
ADOPTION OF AMENDMENTS
The following amendment to the Home-Rule Charter of the Town of Trophy Club,
Texas, adopted at a Special Election held within the Town on the 3rd day of November,
2015 shall upon adoption of this Ordinance and upon this date be put into full effect in
its entirety; and the Charter Amendment set forth herein is now declared to be in full
force and effect as an Amendment to the Home-Rule Charter of the Town of Trophy
Club, Texas.
2.01 PROPOSITION NO. 3: BUDGET, FINANCE AND TAXATION-SUBMISSION.
Amend the first paragraph of Article IX, Section 9.02 to be and read as set forth
below and with all paragraphs sections, and subsections not specifically
amended remaining unchanged:
9.02 Submission
The Town Manager shall submit to the Council a proposed budget and
accompanying message each year in accordance with the requirements of
State law.
SECTION 3.
ENGROSSMENT, ENROLLMENT, AND CERTIFICATION
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance as specified by the Home Rule Charter and Chapter 9 of the
Texas Local Government Code. Further, the Mayor shall certify to the Secretary of
State an authenticated copy of the Charter Amendment approved at the November,
2015 election under the Town’s seal showing the approval by the voters.
SECTION 4.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 13th day of November, 2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
Town Council Page 16 of 17 Meeting Date: November 13, 2015
ORD 2015-41 Page 3 of 3
[SEAL]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council Page 17 of 17 Meeting Date: November 13, 2015