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Charter Review CommissionPage 1 of 32Meeting Date: November 18, 2019
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Charter Review CommissionPage 2 of 32Meeting Date: November 18, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-589-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/12/2019Charter Review Commission
On agenda:Final action:
11/18/2019
Title:
Consider and take appropriate action regarding the November 11, 2019 Charter Review Commission
Minutes.
Attachments:
Draft Charter Review Commission Minutes November 11, 2019.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the November 11, 2019 Charter Review Commission Minutes.
Charter Review CommissionPage 3 of 32Meeting Date: November 18, 2019
TOWN OF TROPHY CLUB
CHARTER REVIEW COMMISSION MINUTES
MONDAY, NOVEMBER 11, 2019 7:00 P.M.
LOCATION: 1 TROPHY WOOD DRIVE, TROPHY CLUB, TEXAS
COUNCIL CHAMBERS
The Charter Review Commission of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
November 11, 2019. The meeting was held within the boundaries of the Town and was open to the public.
CHARTER REVIEW COMMISSIONERS PRESENT:
Dennis Sheridan Chairperson, Place 3
Rhylan Rowe Vice Chairperson, Place 5
Timothy Patterson Commissioner, Place 2
Bruce Dale Commissioner, Place 4
Kevin Carr Commissioner, Place 6
Louis Opipare Commissioner, Place 7
Danny Mayer Commissioner, Place 8
Jared King Commissioner, Place 9
CHARTER REVIEW COMMISSIONERS ABSENT:
Dave Edstrom Commissioner, Place 1
COUNCIL AND STAFF PRESENT:
Philip Shoffner Council Member, Place 6 - Council Liaison
Wade Carroll Acting Town Manager
David Dodd Town Attorney
Holly Fimbres Town Secretary/RMO
Chairperson Sheridan announced the date of November 11, 2019, called the Charter Review Commission to order
and announced a quorum at 7:00 p.m.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Commission on any matter whether or not it is posted on the
agenda. The Commission is not permitted to take action on or discuss any presentations made to the Commission
at this time concerning an item not listed on the agenda. The Commission will hear presentations on specific
agenda items prior to the Commission addressing those items.
There were no citizen presentations.
1. Consider and take appropriate action regarding the October 28, 2019 Charter Review Commission Minutes.
Motion:
Motion made by Vice Chairperson Rowe, seconded by Commissioner King, to approve the October 28, 2019
Charter Review Commission minutes.
Motion carried unanimously 8-0-0.
2. Discussion of and take appropriate action regarding Article IV, Administrative Services, of the Town of
Trophy Club Charter.
Acting Town Manager Carroll commented that Staff reviewed Article IV, Administrative Services, and had no
recommendations to make any changes.
Charter Review CommissionPage 4 of 32Meeting Date: November 18, 2019
Commissioner Patterson brought up Section 4.06, Acting Town Manager, and felt that the wording was a bit
awkward because it appeared the Town Manager was making an appointment upon their resignation or
termination. This could create an issue if the Town Manager was terminated before being able to make an
appointment, but he noted that subsection (b) allowed for the Council to appoint a Town Manager should the
need arise. His basis for bringing this up was that he was not certain there was a need for an Acting Town
Manager.
Town Attorney Dodd responded that subsection (a) of Section 4.06, Acting Town Manager, addressed that the
need would be in the absence or disability of the Town Manager (i.e. out of town, surgery or other similar
circumstances).
Commissioner Carr inquired why the Town would not place an Assistant Town Manager to take over in the
absence of the Town Manager, as opposed to an Acting Town Manager.
Acting Town Manager Carroll responded that an Assistant Town Manager would be considered a full time position
while an Acting Town Manager would be a current staff member assigned to step into that role in case of the
absence of the Town Manager.
Commissioner Patterson was satisfied with the explanation that Town Attorney Dodd had provided. Additionally,
he brought up Section 4.11, Judge of Court, and asked if this was an elected position and if compensation was
provided.
Town Attorney Dodd explained that it was an appointed position by the Town Council and compensation was
provided.
Commissioner Dale brought up subsection (b) of Section 4.02, Town Manager – Appointment and Qualifications,
and felt that the selection process should have an expanded focus on how a Town Manager was chosen specifically
to having leadership qualities. He felt that the selection of Town Manager should have a focus on past experience,
education, leadership, and a list of success stories that the person has achieved. He shared his past experience in
participating in the hiring process of a City Manager in Kansas and looking at successes and failures was important.
Chairperson Sheridan asked if the City in Kansas had specific qualifications listed in their Charter for a City
Manager. Commissioner Dale responded no.
Commissioner King stated that he would think that a person’s experience would satisfy a person’s success stories.
Vice Chairperson Rowe understood Commissioner Dale’s description of items when choosing a leadership role.
The items described were covered when he was involved with the hiring process of a Town Manager. He felt it
may be more appropriate to provide feedback to Council when a search for a Town Manager was underway.
Commissioner Opipare commented that if too much detail was put into the Charter, as times changed, the next
Council may be looking for different things at different periods of time that address specific needs the Town would
be experiencing.
Commissioner Patterson believed that these items were within the purview of the Town Council.
Chairperson Sheridan stated that his issue with describing detailed qualifications would be that the culture of the
Town changes over time.
Discussion took place that a Commissioner had the ability to make a motion to add language to subsection (b) of
Section 4.02, Town Manager – Appointment and Qualifications, specific to leadership qualities.
Charter Review Commission Minutes November 11, 2019 Page 2 of 8
Charter Review CommissionPage 5 of 32Meeting Date: November 18, 2019
Commission Dale commented on Section 4.05, Powers and Duties, and inquired if the Personnel Manual addressed
a due process when attempting to remove an employee. Town Attorney Dodd responded that it would be covered
in the Personnel Policy, which was the appropriate location to address that matter.
Commissioner Dale remarked that the Town Manager should approve all terminations. Town Attorney Dodd
responded the due process would require that appeals would be presented to the Town Manager; therefore the
Town Manager needed to be out of the termination process for all employees.
Chairperson Sheridan was trying to understand Commissioner’s Dale remark because the first sentence of
subsection (b) of Section 4.05, Powers of Duties, stated “Appoint, suspend and/or remove all or any one of the
heads of departments and all subordinate officers and employees of the Town in accordance with applicable laws
and policies.”
Commissioner Dale commented there was no difference in public or private concerns and they needed to be fair to
people. He inquired about adding that the Town Manager had to notify the Town Council of the termination of a
department head before it occurred.
Commissioner Mayer remarked that the Town operated as a Council-Manager Government. The Town Manager
manages the Town operations and the only employees that are appointed by the Council were the Town Manager,
Town Attorney, and Town Secretary.
Commissioner Dale felt that there should be a checklist that the Town Manager notifies the Town Council in
advance if a director was to be terminated.
Council Member Shoffner noted that under the Town’s Rules of Procedure, the Town Manager notifies the Council
of any major event, and he believed that would fall under that category of a major event.
Commissioner Mayer felt there was some confusion on what was already addressed in the Town’s Policies and
Procedure Manual versus what items are covered in the Charter.
Commissioner Dale brought up Section 4.09, Compensation, and Section 4.14, Town Attorney – Appointment &
Qualifications, and felt that compensation should not be delegated by the Town Council.
Vice Chairperson Rowe remarked that Section 4.09, Compensation, was specific to the compensation of the Town
Secretary, who the Town Council hires and negotiates the contract.
Commissioner Dale stated that his concern was where it stated “may be delegated.”
Chairperson Sheridan stated that wording could allow for the delegation to be given to a Council Subcommittee,
who were tasked with the interviewing and negotiating or it could be delegated to the Human Resources
Department.
Vice Chairperson Rowe stated that this could also allow for the Council to delegate this matter to the Town
Manager.
Commissioner Dale brought up Section 4.17, Personal Financial Interest, and felt that the word “substantial”
should be tightened up.
Acting Town Manager Carroll remarked that this matter was clearly defined and addressed in the State statue
dealing with conflicts of interest.
Commissioner Dale felt that the meaning of substantial should be addressed as well as improper relationships.
Charter Review Commission Minutes November 11, 2019 Page 3 of 8
Charter Review CommissionPage 6 of 32Meeting Date: November 18, 2019
Town Attorney Dodd advised that the Code of Ethics and Conduct within the Town’s Code of Ordinances would
address those issues.
Commissioner Opipare added that at a future meeting, the Commission would be discussing Section 11.14, which
states that “The Town Council shall adopt by ordinance a code of ethics and conduct that is consistent with the
provisions of this Charter and applicable to elected officers, appointed board, commission, and committee
members, and employees of the Town. Additionally, he recommended removing the word “substantial” from the
first sentence of Section 4.17, Personal Financial Interest.
Town Attorney Dodd advised that there were two State statues, one that dealt with conflicts of interest and one
that dealt with disclosure requirements. He believed that the conflict of interest addressed that if a person
exceeded 10 percent of gross income or more than $2,500 in a real estate value, then a member could not vote on
an agenda item specific to that business or real property. The disclosure statement dealt with a business
relationship with a vendor who conducts business with the Town.
Commissioner Mayer felt that the word “substantial” should remain because there were State statues that
addressed this matter.
Chairperson Sheridan remarked that leaving the word “substantial” allowed some flexibility but if it were removed
then any financial interest would qualify.
Commissioner Patterson stated that the word “substantial” could be further defined by State statute; therefore he
was okay leaving it. Additionally, he brought up Section 4.17, Personal Financial Interest, and believed that the
word “corporation” should be changed to “business entity” in the third paragraph to mirror the first paragraph.
Vice Chairperson Rowe commented that it may not be necessary to remove the word “substantial” since State law
defined it. If they mirrored exactly what State law stated, the Charter would have to be changed each time to
match any changes.
Commissioner Carr felt that the wording could be tightened up some whether by wording or a percentage amount.
Commissioner King was satisfied to leaving the word “substantial.”
Commissioner Carr remarked that throughout the Charter, there should be a definition for Mayor and Council
because some parts the term Mayor and Council is used and in other parts it just states the Council. He added that
in Section 4.07, Town Secretary, there needed to be a gender neutral word instead of using the word “he”.
Additionally, he inquired if it was State law regarding the last paragraph of Section 4.18, Accepting Gifts, Etc.,
where it stated that “In addition to the penalties imposed by State law for a violation of this section, any person
convicted of a violation of this Section shall be ineligible for a period of five (5) years.” Town Attorney Dodd
responded that he believed that provision was established through the Charter.
Vice Chairperson Rowe suggested adding a definition at the beginning of the Charter to state that for all purposes
wherever the term Council was used refers to the entire body, the Mayor and Council.
Commissioner Opipare brought up Section 4.03, Compensation, and believed that the word “may” should be
changed to “will”, specific to the Town Manager’s compensation being fixed by the Council. Also, he agreed with
adding a definition to the beginning of the Charter for the Mayor, Council, and Town Manager.
Commissioner Mayer brought up subsection (d) of Section 4.02, Town Manager – Appointment and Qualifications,
and stated that he believed the Town Manager should be a resident of Trophy Club. He felt that a time limit could
be set to allow the Town Manager to locate to Trophy Club because this could help the Town Manager know the
residents and dynamic of the Town.
Charter Review Commission Minutes November 11, 2019 Page 4 of 8
Charter Review CommissionPage 7 of 32Meeting Date: November 18, 2019
Commissioner King understood Commissioner Mayer’s viewpoint but suggested setting a certain mile radius from
Trophy Club where the Town Manager could reside.
Commissioner Opipare felt it could limit the Town to receive the right candidate if they restricted a certain mile
radius.
Commissioner Carr did not agree that the Town Manager should be restricted to residing in Trophy Club because
they would always be visible, which could be detrimental to the family.
Vice Chairperson Rowe stated that it was not easy to find candidates for the Town because the Town was built out,
which reduced the candidate pool significantly for those who wanted to be part of the growth. While he served on
Council, they waived the residency requirement for two out of three Town Managers that he worked with. He felt
it should be at the Council’s discretion to either enforce or waive the residency requirement based on the specific
candidate and dynamic of the Town.
Commissioner King concurred with Commissioner Carr regarding Section 4.18, Accepting Gift, Etc., specific to a
person being ineligible for a period of five (5) years if they were convicted.
Town Attorney Dodd stated that the way to enforce this would be that the person would not be eligible for rehire
if they were convicted of a violation under Section 4.18.
Chairperson Sheridan requested clarification on who was an officer specific to Section 4.17, Personal Financial
Interest. Town Attorney Dodd responded that any officer would be appointed or elected official, which was also
defined in State law.
Chairperson Sheridan provided a recap on the items that were discussed: the qualifications of the Town Manager
and adding leadership into subsection (b) of Section 4.02; creating a definition for the Mayor, Town Council, and
Town Manager; and rewording of he/she to be gender neutral.
Town Attorney Dodd stated that he was comfortable to address changing masculine words to gender neutral
words by using the scrivener’s error exception, which would be through an ordinance that would be presented to
the Council for approval.
Commissioner Patterson questioned if his suggestion to change the word “corporation” to “business entity” in the
third paragraph of Section, 4.17, Personal Financial Interest, could be addressed through the scrivener’s error
exception. Town Attorney Dodd responded that he would have to review if that was possible.
Motion:
Motion made by Commissioner Opipare, seconded by Commissioner Carr, to move to Article V and consider at this
point discussions of Article IV closed until future discussion of the qualifications of the Town Manager and adding
leadership into subsection (b) of Section 4.02; and creating a definition for the Mayor, Town Council, and Town
Manager.
unanimously 8-0-0.
Motion carried
3. Discussion of and take appropriate action regarding Article V, Nominations and Elections, of the Town of
Trophy Club Charter.
Commissioner King asked if the timeframes could be removed from Section 5.01, Elections. Town Attorney Dodd
responded that keeping the years added historical basis.
Commissioner Opipare had an issue to keep the years in subsections (a), (b), (c), and (d) of Section 5.01, Elections
because it no longer was relevant or needed.
Charter Review Commission Minutes November 11, 2019 Page 5 of 8
Charter Review CommissionPage 8 of 32Meeting Date: November 18, 2019
Vice Chairperson Rowe remarked that in subsections (b), (c), and (d) it contained the term “thereafter” which set
the table for the specific place numbers.
Commissioner Carr agreed with Commissioner Opipare and suggested removing some of the verbiage so that it
was clearer.
Town Attorney Dodd stated that the terms could be established for each place number.
Conversation ensured that if they changed the three subsections it would have to be clear on the ballot to what
the replacement language would be.
Commissioner Mayer brought up subsections (e) and (f) of Section 5.01, Elections, specific to changing the majority
of all votes cast to the plurality of the votes in order to help save funds from having potential run-off elections.
Town Attorney Dodd responded that he would need to review State law to ensure this could be done for specific
place numbers.
Commissioner Patterson was in favor of reducing unnecessary cost but he could envision a circumstance where six
candidates run for a single place and a candidate wins with only 18 percent of the votes; therefore he was in favor
of keeping it the majority of votes cast.
Commissioner Dale agreed with Commissioner Patterson.
Vice Chairperson Rowe could see both sides but his instinct was to leave the current language.
Commissioner King stated it would be interesting if this went before the voters.
Commissioner Patterson brought up removing subsection (f) of Section 5.04, Filing for Office, which stated “If any
sitting Council member files to become a candidate for another public office, he shall resign his current seat upon
filing for the new office.” He believed this took away a person’s first amendment.
Chairperson Sheridan stated it would be interesting to find out why this subsection was added in May 2009.
Vice Chairperson Rowe felt it was worth further discussion because he was only aware of one instance this
occurred in approximately 35 years and it would be rare for a person to seek another public office.
Commissioner Patterson stated that his desire was to avoid having to call a special election. Town Attorney Dodd
responded that if there was a year or more on the remaining term it would fall under the Constitution to hold a
special election.
Commissioner Mayer did not believe that a sitting Council Member should have to resign to be able to run for
another office.
Commissioner King agreed to removing subsection (f) of Section 5.04, Filing for Office.
Commissioner Dale inquired why there were no party affiliations. Town Attorney Dodd responded that it was
covered under State law.
Chairperson Sheridan provided a recap on the items that were discussed: declare subsections (c), (d), and (e)
obsolete of Section 5.01, Elections, and to be replaced with terms outlining Places, 1, 2, 3, 4, 5, and 6; delete the
word majority from subsections (e) and (f) of Section 5.01, Elections; and remove subsection (f) of Section 5.04,
Filing for Office.
Charter Review Commission Minutes November 11, 2019 Page 6 of 8
Charter Review CommissionPage 9 of 32Meeting Date: November 18, 2019
Motion:
Motion made by Commissioner Mayer, seconded by Vice Chairperson Rowe, to close the discussion of Article V
and proceed with further discussions of to declare subsections (c), (d), and (e) obsolete of Section 5.01, Elections,
and to be replaced with terms outlining Places, 1, 2, 3, 4, 5, and 6; delete the word majority from subsections (e)
and (f) of Section 5.01, Elections; and remove subsection (f) of Section 5.04, Filing for Office.
Commissioner Carr reiterated about getting historic data relating to subsection (f) of Section 5.04, Filing for Office.
Commissioner Patterson mentioned including subsections (d) and (e) of 5.04, Filing for Office, specific to board and
commission members and town employees.
Vice Chairperson Rowe remarked that it may be relevant to include subsection (d) because it pertained to
appointed officials and subsection (e) could create a conflict that dealt with employees.
Chairperson Sheridan took the recommendations provided by Commissioner Patterson as an amendment to the
motion on the floor.
Motion to Amend:
Motion made by Commissioner Mayer, seconded by Vice Chairperson Rowe, to close the discussion of Article V
and proceed with further discussions of to declare subsections (c), (d), and (e) obsolete of Section 5.01, Elections,
and to be replaced with terms outlining Places, 1, 2, 3, 4, 5, and 6; delete the word majority from subsections (e)
and (f) of Section 5.01, Elections; remove subsection (f) of Section 5.04, Filing for Office; and subsections (d) and
(e) of 5.04, Filing for Office, specific to board and commission members and town employees.
Motion carried unanimously 8-0-0.
4. Discussion of and take appropriate action regarding Article VI, Recall, of the Town of Trophy Club Charter.
Chairperson Sheridan stated that it was almost 9:00 p.m. and inquired if the Commission wanted to open this
Article for discussion.
Commissioner Mayer suggested discussing this Article at their next meeting because this Article could take a while
to discuss.
No action was taken on this item.
5. Discussion of and take appropriate action regarding previous business:
Article I - Form of Government & Boundaries
Article II - Powers of the Town
Article III - The Council
Chairperson Sheridan read Commissioner Edstrom’s comments that were he submitted: “I want to reiterate that I
am in favor of eliminating the term limits for council in the charter and that I would like to continue to consider an
abstention, for any reason other than conflict of interest in a Council vote is recorded as a No vote.”
Charter Review Commission Minutes November 11, 2019 Page 7 of 8
Charter Review CommissionPage 10 of 32Meeting Date: November 18, 2019
6. Discussion of and take appropriate action regarding future agendas:
Article VII - Legislation By The People, Initiative and Referendum
Article VIII - Municipal Planning and Zoning
Article IX - Budget, Finance and Taxation
Article X - Franchise and Public Utilities
Article XI - General Provisions
Article XII - Transitional Provisions
There was no discussion on this item.
7. Recap of motions passed in prior meetings.
Chairperson Sheridan advised that this item was to help keep track of all motions passed.
ADJOURNMENT
Motion:
Motion made by Commissioner Dale seconded by Commissioner Patterson, to adjourn the meeting at 8:45 p.m.
Motion carried unanimously 8-0-0.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary Dennis Sheridan, Chairperson
Town of Trophy Club, Texas Town of Trophy Club, Texas
Charter Review Commission Minutes November 11, 2019 Page 8 of 8
Charter Review CommissionPage 11 of 32Meeting Date: November 18, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-590-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/12/2019Charter Review Commission
On agenda:Final action:
11/18/2019
Title:
Discussion of and take appropriate action regarding Article VI, Recall, of the Town of Trophy Club
Charter.
Attachments:
Articel VI - Recall.pdf
DateVer.Action ByActionResult
Discussion of and take appropriate action regarding Article VI, Recall, of the Town of Trophy Club Charter.
Charter Review CommissionPage 12 of 32Meeting Date: November 18, 2019
Article VI. Recall.....................................................................................................................C-26
6.01A Scope of Recall....................................................................................................C-26
6.02 Petition for Recall................................................................................................C-27
6.03 Form of Recall and Oath.....................................................................................C-27
6.04 Procedure After Filing Petition for Recall...........................................................C-28
6.05 Public Notice.......................................................................................................C-29
6.06 Official Ballot......................................................................................................C-29
6.07 Recall Petition Prohibited....................................................................................C-29
6.08 Refusal of Recall Petition....................................................................................C-29
Charter Review CommissionPage 13 of 32Meeting Date: November 18, 2019
Article VI. Recall
6.01A Scope of Recall
Any elected Town official shall be subject to recall and removal from office by the qualified
voters of the Town on any one or more of the following grounds: incompetency, misconduct,
malfeasance in office or who knowingly or intentionally violates any express prohibition of the
Charter.
In this section:
(a) Incompetency means (a) gross ignorance of official duties; or (b) gross
carelessness in the discharge of official duties; or (c) inability or unfitness to
promptly and properly discharge official duties because of a serious mental or
physical defect that did not exist at the time of the officers election. The term is used
in a sense that the Town official has exceeded his or her authority by defying or
overruling lawful actions done by the Town Council.
(b) Official misconduct means intentional unlawful behavior relating to official duties
by a Town Official entrusted with the administration of justice or the execution of the
law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town
Official to perform a duty imposed on the officer by law.
(c) Malfeasance means the doing of an act by a Town Official through ignorance,
inattention, or malice, which act the official had no legal right or authority to do, or
which act exceeds or abuses the officials rightful authority or powers; or the failure
to do an act which the Town Official had a legal duty to do.
(Section 6.01 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 14,
adopted 5/18/09 and renumbered to 6.01A by Ordinance 2009-21 adopted 8/24/09. Introductory
paragraph amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 14, adopted
5/21/13)
Editors noteFormer Section 6.01 pertaining to scope of recall and amended by May 9, 2009 election,
effected by Ordinance 2009-12, prop. 4, adopted 5/18/09 was repealed by May 11, 2013 election, effected
by Ordinance 2013-15, prop. 14, adopted 5/21/13.
6.02 Petition for Recall
Before the question of recall of such officer shall be submitted to the qualified voters of the
Town, a petition demanding such question to be so submitted shall first be filed with the person
performing the duties of the Town Secretary, which petition shall be signed by a number equal to
at least twenty percent (20%) of those who were qualified voters on the date of the last regular
municipal election as determined from the list of qualified voters maintained by the County
Election Administrator. All signatures must be in compliance with the requirements set out in the
Texas Election Code.
(Section 6.02 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 13,
adopted 5/18/09)
Charter Review CommissionPage 14 of 32Meeting Date: November 18, 2019
6.03 Form of Recall and Oath
The recall petition must be addressed to the Council, must distinctly and specifically point out the
ground or grounds upon which such petition for removal is predicated and, if there be more than
one (1) ground, such as for incompetency, misconduct, or malfeasance in office shall specifically
state each ground with such certainty as to give the Officer sought to be removed notice of the
matters and things with which he is charged on each ground. The signature shall be verified by
oath in the following form:
STATE OF TEXAS §
COUNTY OF ________ §
I, ____________, being first duly sworn, on oath depose and say that I am one of the
signers of the above petition and that each signature appearing thereto was made in my
presence on the day and date it purports to have been made, and I solemnly swear that the
same is the genuine signature of the person whose name it purports to be.
Subscribed and sworn to before me this ______ day of ____________, ____.
__________________________
Notary Public, ____________ County, Texas
(Section 6.03 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 14,
adopted 5/18/09)
6.04 Procedure After Filing Petition for Recall
(a) Upon the filing of a petition, the Town Secretary shall review the petition to determine the
existence of the requisite number of signatures of qualified voters and whether the form of the
petition complies with the provisions of this Charter. The Town Attorney shall review the petition
for legal sufficiency.
(b) Within ten (10) business days after the petition is filed, the Town Secretary shall complete
a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is
defective and shall promptly send a copy of the certificate to the person(s) who filed the petition
by registered mail.
(c) A petition certified insufficient for lack of the required number of valid signatures or due to
inadequate form or content may be amended once if each of the following requirements are met:
(1) the person(s) who filed the petition with the Town Secretary files a notice of
intention to amend it with the Town Secretary within five (5) business days after
receiving the copy of this certificate via registered mail; and,
(2) such person(s) also file a supplementary petition upon additional papers within ten
(10) business days after receiving the copy of such certificate. Such supplementary
petition shall comply with the requirements of section 6.02. Within five (5) business
days after the supplementary petition is filed, the Town Secretary shall complete a
certificate as to the sufficiency of the petition as amended and promptly send a copy
of such certificate to the person(s) who filed the petition for recall via registered mail
as in the case of an original petition.
Charter Review CommissionPage 15 of 32Meeting Date: November 18, 2019
(d) If a petition or amended petition is certified sufficient and in compliance with the terms of
this Article of the Charter, the Town Secretary shall present this certificate to the Council at its
next regular Council meeting or special meeting called for this purpose and immediately shall
notify the Councilmember whose removal is sought and provide him with a copy of his petition
by registered or certified mail.
(e) No signature to a recall petition shall remain effective or be counted if it was placed upon
the petition more than forty-five (45) days prior to filing of the recall petition with the Town
Secretary.
(f) If the Councilmember whose removal is sought does not resign within seven (7) days after
the certified petition is presented to the Council, the Council, at its next regular meeting or at a
specially called meeting, shall order a recall election. The date selected for the recall election
shall be the earliest available date in accordance with the Texas Election Code for which all legal
requirements to verify the petition and call the election may be met.
(Subsection (g) deleted by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09 and subsection (f) amended by May 9, 2009 election, effected by 2009-12, prop. 13,
adopted 5/18/09)
6.05 Public Notice
The Council shall make or cause to be made publication or notice and provide for holding such
election for the successor Councilmember, and the same shall be conducted, and the result thereof
declared in all respects as other Town elections.
6.06 Official Ballot
Any Officer so elected shall hold office only during the unexpired term of his predecessor. Any
person sought to be removed may be a candidate to succeed himself and, unless he requests
otherwise in writing, the Town Secretary shall place his name on the official ballot without
nomination. The names of other candidates for such position shall be placed on the official ballot
in the same manner as provided in Article V of this Charter. At such election, the candidate
receiving a majority of all votes cast for such office, according to the rules regulating the election
of Councilmembers as set forth in this Charter, shall be declared elected. At such election, if
some person other than the incumbent receives a majority of all votes cast for such office, the
incumbent shall thereupon be deemed removed from the office upon the qualification of his
successor. In case the party who receives a majority of all votes cast at said election should fail to
qualify within the (10) days after receiving notification of his election, the office shall then
become vacant. If the incumbent receives a majority of all votes cast at such election, he shall
continue in office and shall not be subject to any other recall for any grounds existing prior to said
election. In the event that a runoff election is required, the procedure set forth shall be followed.
(Section 6.06 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09)
6.07 Recall Petition Prohibited
No recall petition shall be filed against any Officer of the Town within six (6) months after his
election, nor within six (6) months after an election for such Officers recall\[.\]
Charter Review CommissionPage 16 of 32Meeting Date: November 18, 2019
6.08 Refusal of Recall Petition
In case all of the requirements of this Charter shall have been met and the Council shall fail or
refuse to receive the recall petition, or order such recall election, or discharge any other duties
imposed upon said Council by the provisions of this Charter with reference to such recall, then
the County Judge of Denton County, Texas, shall discharge any of such duties herein provided to
be discharged by the person performing the duties of Town Secretary, or by the Council.
Charter Review CommissionPage 17 of 32Meeting Date: November 18, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-591-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/12/2019Charter Review Commission
On agenda:Final action:
11/18/2019
Title:
Discussion of and take appropriate action regarding Article VII, Legislation By The People, Initiative
and Referendum, of the Town of Trophy Club Charter.
Attachments:
Article VII - Legislation By The People, Initiative and Referendum.pdf
DateVer.Action ByActionResult
DiscussionofandtakeappropriateactionregardingArticleVII,LegislationByThePeople,InitiativeandReferendum,of
the Town of Trophy Club Charter.
Charter Review CommissionPage 18 of 32Meeting Date: November 18, 2019
Article VII. Legislation By The People, Initiative and Referendum...................................C-30
7.01 Initiative Generally..............................................................................................C-30
7.02 Petition.................................................................................................................C-30
7.03 Referendum .........................................................................................................C-30
7.04 Voluntary Submission of Legislation by the Council..........................................C-31
7.05 Form of Ballots....................................................................................................C-31
7.06 Publication of Proposed and Referred Ordinances..............................................C-31
7.07 Adoption of Ordinances.......................................................................................C-31
7.08 Inconsistent Ordinances.......................................................................................C-31
7.09 Ordinances Passed by Popular Vote: Repeal or Amendment..............................C-31
7.10 Further Regulations by Council...........................................................................C-32
Charter Review CommissionPage 19 of 32Meeting Date: November 18, 2019
Article VII. Legislation By The People, Initiative and Referendum
7.01 Initiative Generally
The people of the Town reserve the power of direct legislation by initiative, and in the exercise of
such power, may propose any ordinance not in conflict with this Charter, the State Constitution or
the State laws, except an ordinance appropriating money or authorizing the levy of taxes or an
ordinance repealing an ordinance appropriating money or levying taxes.
7.02 Petition
Qualified voters of the Town may initiate legislation by submitting a petition addressed to the
Council which requests the submission of a proposed ordinance or resolution to a vote of the
qualified voters of the Town. Said petition must be signed by qualified voters of the Town equal
in number to twenty (20) percent of the number of qualified voters at the last regular municipal
election of the Town, and each copy of the petition shall have attached to it a copy of the
proposed legislation. The petition shall be signed in the same manner as recall petitions are
signed, as provided in Section 6.02 of this Charter, and shall be verified by oath in the manner
and form provided for recall petitions in Section 6.03 of this Charter. The petition may consist of
one or more copies as permitted for recall petitions in Section 6.04 of this Charter. Such petitions
shall be filed with the person performing the duties of Town Secretary, who after verification of
the petition as provided in Section 6.04 of this Charter, shall present the petition and proposed
ordinance or resolution to the Council at its next regular or special meeting called for this
purpose. Upon presentation to the Council of the petition and draft of the proposal, ordinance or
resolution, it shall become the duty of the Council, within the twenty (20) days from the date of
presentation to determine whether the proposed ordinance complies with Section 7.01 and to
either vote to adopt such ordinance or resolution without alteration as to meaning or effect or to
call a special election. A special election shall be held on the earliest available date in accordance
with the Texas Election Code for which all legal requirements to verify the petition and call the
election may be met. At the election, the qualified voters of the Town shall be allowed the
opportunity to vote on the question of adopting or rejecting the proposed legislation. However, if
any other municipal election is to be held within sixty (60) days after the filing of the petition, the
question may be voted on at such election.
(Section 7.02 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 13,
adopted 5/18/09)
7.03 Referendum
Qualified voters of the Town may require that any ordinance or resolution passed by the Council
be submitted to the voters of the Town for approval or disapproval by submitting a petition for
this purpose within forty-five (45) days after the ordinance or resolution becomes effective. Said
petition shall be addressed, prepared, signed and verified as required for petitions initiating
legislation as provided in Section 7.02 of this Charter and shall be submitted to the person
performing the duties of Town Secretary. The Town Secretary shall present the petition to the
Council at its next regular or special meeting called for this purpose. Upon presentation of the
petition to the Council, it shall become the duty of the Council, within twenty (20) days from the
date of presentation to reconsider such ordinance or resolution. If Council does not repeal the
ordinance or resolution either in its entirety or as specified in the petition, Council shall call a
special election. Pending the holding of such election, such ordinance or resolution shall be
suspended and shall not later take effect unless a majority of the qualified voters voting thereon at
Charter Review CommissionPage 20 of 32Meeting Date: November 18, 2019
such election shall vote in favor thereon. A special election shall be held on the earliest available
date in accordance with the Texas Election Code for which all legal requirements to verify the
petition and call the election may be met. At the election, the qualified voters of the Town shall
be allowed the opportunity to vote on the question of approving or disapproving the ordinance or
resolution. However, if any other municipal election is to be held within sixty (60) days after the
filing of the petition, the question may be voted on at such election.
(Section 7.03 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 13,
adopted 5/18/09)
7.04 Voluntary Submission of Legislation by the Council
The Council, upon its own motion and by a majority vote of its members, may submit to popular
vote at any election for adoption or rejection any proposed ordinance or resolution or measure, or
may submit for repeal any existing ordinance, resolution or measure, in the same manner and
with the same force and effect as provided in this Article for submission on petition, and may in
its discretion call a special election for this purpose.
7.05 Form of Ballots
The ballots used when voting upon such proposed and referred ordinances, resolutions or
measures, shall set forth their nature sufficiently to identify them and shall also set forth upon
separate lines the words: FOR the ORDINANCE, and AGAINST the ORDINANCE, or
FOR the RESOLUTION, and AGAINST the RESOLUTION.
7.06 Publication of Proposed and Referred Ordinances
The person performing the duties of Town Secretary shall publish the proposed or referred
ordinance or resolution in accordance with State law, and shall give such other notices and do
such other things relative to such election as are required in general municipal elections or by the
ordinance or resolution calling said election.
7.07 Adoption of Ordinances
If a majority of the qualified voters voting on any proposed ordinance or resolution or measure
shall vote in favor thereof, it shall thereupon, or at any time fixed therein, become effective as a
law or as a mandatory order of the Council.
7.08 Inconsistent Ordinances
If the provisions of two or more proposed ordinances or resolutions approved at the same election
are inconsistent, the ordinance or resolution receiving the highest number of votes shall prevail.
7.09 Ordinances Passed by Popular Vote: Repeal or Amendment
No ordinance or resolution which may have been passed by the Council upon a petition or
adopted by popular vote under the provisions of this Article shall be repealed or amended except
by the Council in response to a referendum petition or by submission as provided in Section 7.04
of this Charter.
Charter Review CommissionPage 21 of 32Meeting Date: November 18, 2019
7.10 Further Regulations by Council
The Council may pass ordinances or resolutions providing other and further regulations for
carrying out the provisions of this Article not inconsistent herewith.
Charter Review CommissionPage 22 of 32Meeting Date: November 18, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-592-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/12/2019Charter Review Commission
On agenda:Final action:
11/18/2019
Title:
Discussion of and take appropriate action regarding Article VIII - Municipal Planning and Zoning, of
the Town of Trophy Club Charter.
Attachments:
Article VIII - Municipal Planning and Zoning.pdf
DateVer.Action ByActionResult
DiscussionofandtakeappropriateactionregardingArticleVIII-MunicipalPlanningandZoning,oftheTownofTrophy
Club Charter.
Charter Review CommissionPage 23 of 32Meeting Date: November 18, 2019
Article VIII. Municipal Planning and Zoning ......................................................................C-32
8.01 State Law Adopted - Zoning ...............................................................................C-32
8.02 State Law Adopted - Subdivision Regulation .....................................................C-32
8.03 The Planning and Zoning Commission ...............................................................C-32
8.04 Purpose, Objective, Power and Duties ................................................................C-33
8.05 Board of Adjustment ...........................................................................................C-34
8.06 Comprehensive Master Plan................................................................................C-34
Charter Review CommissionPage 24 of 32Meeting Date: November 18, 2019
*
Article VIII. Municipal Planning and Zoning
8.01 State Law Adopted - Zoning
The Council shall have the power and authority to zone the Town and to pass all necessary
ordinances, rules and regulations governing same, under and by virtue of the authority given to
cities and the legislative bodies thereof by the Texas Local Government Code, together with all
amendments which may hereafter be made thereto, and all other applicable law.
State law referenceMunicipal zoning authority, V.T.C.A., Local Government Code, ch. 211.
8.02State Law Adopted - Subdivision Regulation
The Council shall have the power and authority to regulate the layout, development and platting
of the subdivisions of land within the Town and its extraterritorial jurisdiction and to pass all
necessary ordinances, rules and regulations governing same, under and by virtue of the authority
given to cities and the legislative bodies thereof by the Texas Local Government Code, together
with all amendments which may hereafter be made thereto, and all other applicable law.
State law referenceRegulation of subdivision and property development, V.T.C.A., Local Government
Code, ch. 212.
8.03 The Planning and Zoning Commission
There shall be established a Planning and Zoning Commission which shall consist of seven (7)
citizens from the Town. The members of said Commission shall be appointed by the Council for
a term of two (2) years. Four (4) members of the Planning and Zoning Commission shall be so
appointed each odd-numbered year and three (3) members shall be so appointed each even-
numbered year. The Council shall appoint a chairman from among the Commissions
membership. Vacancies and unexpired terms shall be filled by the Council for the remainder of
the term. A majority of the members shall constitute a quorum.
A member of the Commission may be removed by a majority vote of the Council. If a vacancy
occurs upon the Planning and Zoning Commission, by either resignation or otherwise, the
Council shall appoint a commissioner to fill such a vacancy for the unexpired term. The
Commission shall keep minutes of its proceedings which shall be a public record. No member of
the Planning and Zoning Commission shall hold another salaried or elected Town office.
State law referenceAuthority of municipality to establish planning and zoning commission, V.T.C.A.,
Local Government Code, sec. 211.007.
8.04 Purpose, Objective, Power and Duties
The Planning and Zoning Commission is created to act as an advisory board to the Council in
matters relating to the physical development of the Town. The Commission is expected to advise
the Council on matters relating to the zoning and planning of land and related public
improvements, civic improvements, opening, widening, and changing of streets, routing of public
utilities, development of regulatory ordinances, annexation proposals/plans and such other
*
State law referencePlanning and zoning generally, V.T.C.A., Local Government Code, chs. 211, 212,
371.
Charter Review CommissionPage 25 of 32Meeting Date: November 18, 2019
matters related to Town improvements as the Commission and Council may deem beneficial to
the Town. In addition to the other duties and authority that the Commission may have under state
law or under Town ordinance, the specifically delegated duties of the Commission shall be as
follows:
(a) Recommend a comprehensive master plan for the physical development of the Town
together with its related components;
(b) Conduct periodic reviews of the Towns comprehensive master plan and its
component elements to recommend modifications, changes, revisions or updates to
ensure that the comprehensive master plan adequately and accurately reflects the
policy, goals and objectives of the Town;
(c) Hold required public hearings on any proposed changes to the zoning plan, map, and
ordinances of the Town for the purpose of making recommendations to the Council
on the reasonableness of these proposals;
(d) Recommend any change to the zoning plan, map or ordinances of the Town where
the Commission deems it necessary in the furtherance of the Towns comprehensive
master plan;
(e) Conduct appropriate hearings on any proposals for the subdivision/platting of land
within the corporate limits of the Town and its extraterritorial jurisdiction pursuant to
the provisions of State law and requirements of the Towns subdivision regulation
ordinances. The Commission shall take action on those proposals as it deems
appropriate and conforming to the requirements of the Towns comprehensive master
plan. The Commission shall ensure that proposals for subdivision or development of
land are consistent with the Towns plan components as an element of the review
process. As an element of this Charter, the Town has determined that it is a
reasonable legislative enactment to require subdivision plats to conform to the
Towns comprehensive master plan and failure to achieve conformance shall be a
legitimate ground for the denial of a development proposal; and,
(f) The Commission shall hold such hearings and meetings as are mandated by the
Council on any matter determined appropriate by Council to secure information for
the purpose of making recommendations to the Council.
8.05 Board of Adjustment
The Council shall appoint a Board of Adjustment which shall have all of the powers and authority
as set forth by State law, as amended, and other applicable laws, and such additional powers and
privileges as may be duly assigned to it by the ordinances of the Town.
State law referenceEstablishment and authority of zoning board of adjustment, V.T.C.A., Local
Government Code, sec. 211.008 et seq.
8.06 Comprehensive Master Plan
No later than two (2) years after the adoption of this Charter, the Council shall adopt a
comprehensive master plan projecting for at least five (5) years the growth and physical
development of the Town pursuant to the provisions of State law. The Council shall establish and
Charter Review CommissionPage 26 of 32Meeting Date: November 18, 2019
adopt by ordinance a procedure for periodic review and/or revision of the comprehensive master
plan. The Town may adopt the comprehensive master plan by resolution or by ordinance
following a public hearing upon which public input is received. The purpose of the
comprehensive master plan is to guide the growth and development of the Town and to establish
the standards that the Town will seek to attain through the adoption of its development
regulations to include its zoning regulations, subdivision regulations, building and construction
regulations, landscaping regulations, signage regulations and other related police power
enactments. The comprehensive master plan shall identify the goals and objectives of the
community for growth and development and shall serve as the basis of the Towns capital
improvement program for the development and construction of public works infrastructure.
Charter Review CommissionPage 27 of 32Meeting Date: November 18, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-593-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/12/2019Charter Review Commission
On agenda:Final action:
11/18/2019
Title:
Discussion of and take appropriate action regarding previous business:
·Article I - Form of Government & Boundaries
·Article II - Powers of the Town
·Article III - The Council
·Article IV - Administrative Services
·Article V - Nominations and Elections
Attachments:
DateVer.Action ByActionResult
Discussion of and take appropriate action regarding previous business:
Article I - Form of Government & Boundaries
Article II - Powers of the Town
Article III - The Council
Article IV - Administrative Services
Article V - Nominations and Elections
Charter Review CommissionPage 28 of 32Meeting Date: November 18, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-594-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/12/2019Charter Review Commission
On agenda:Final action:
11/18/2019
Title:
Discussion of and take appropriate action regarding future agendas:
·Article IX - Budget, Finance and Taxation
·Article X - Franchise and Public Utilities
·Article XI - General Provisions
·Article XII - Transitional Provisions
Attachments:
DateVer.Action ByActionResult
Discussion of and take appropriate action regarding future agendas:
Article IX - Budget, Finance and Taxation
Article X - Franchise and Public Utilities
Article XI - General Provisions
Article XII - Transitional Provisions
Charter Review CommissionPage 29 of 32Meeting Date: November 18, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-595-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/12/2019Charter Review Commission
On agenda:Final action:
11/18/2019
Title:
Recap of motions passed in prior meetings.
Attachments:
Staff Report - Recap of Motions Passed.pdf
DateVer.Action ByActionResult
Recap of motions passed in prior meetings.
Charter Review CommissionPage 30 of 32Meeting Date: November 18, 2019
To: Charter Review Commission
From:Holly Fimbres, Town Secretary/RMO
CC: Steve Norwood, Town Manager
Re: Recap of Motions Passed
Charter Review CommissionMeeting, November 18, 2019
Agenda Item:
Recap of motions passed in prior meetings.
Background and Explanation:
The intent for this item is to keep a record of each motion made at every Charter Review
Commission meeting.
October 28, 2019 meeting:
Article I
Motion:
Motion made by Vice Chairperson Rowe, seconded by Commissioner Opipare, to move
Article I without any recommended changes.
Motion carried unanimously 8-0-0.
Article II
Motion:
Motion made by Commissioner Mayer, seconded by Commissioner Dale, to approve
Article II with no changes.
Motion carried unanimously 8-0-0.
Page 1 of 2
Charter Review CommissionPage 31 of 32Meeting Date: November 18, 2019
Article III
Motion:
Motion made by Chairperson Sheridan, seconded by Commissioner Patterson, to
consider further discussion on Article III specific to Section 3.05, Compensation; Section
3.20 (b), Abstention; Section 3.19, relating to a quorum; add a gender neutral phrase at
the beginning; Section 3.04 (c) and (d) relating to timing; and Section 3.08 (i) and (k) to
delete.
Motion carried unanimously 8-0-0.
November 11, 2019 meeting:
Article IV
Motion:
Motion made by Commissioner Opipare, seconded by Commissioner Carr, to move to
Article V and consider at this point discussions of Article IV closed until future discussion
of the qualifications of the Town Manager and adding leadership into subsection (b) of
Section 4.02; and creating a definition for the Mayor, Town Council, and Town Manager.
Motion carried unanimously 8-0-0.
Article V
Motion to Amend:
Motion made by Commissioner Mayer, seconded by Vice Chairperson Rowe, to close
the discussion of Article V and proceed with further discussions of to declare
subsections (c), (d), and (e) obsolete of Section 5.01, Elections, and to be replaced with
terms outlining Places, 1, 2, 3, 4, 5, and 6; delete the word majority from subsections (e)
and (f) of Section 5.01, Elections; remove subsection (f) of Section 5.04, Filing for Office;
and subsections (d) and (e) of 5.04, Filing for Office, specific to board and commission
members and town employees.
Motion carried unanimously 8-0-0.
Article VI
No action was taken on this item.
Page 2 of 2
Charter Review CommissionPage 32 of 32Meeting Date: November 18, 2019