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Agenda Packet Charter Review 06/23/2008NOTICE OF REGULAR CHARTER REVIEW COMMISSION MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS PUBLIC SERVICES CONFERENCE ROOM Monday, June 23, 2008 4:00 P.M. Texas Open Meeting Act The Charter Review Commission is an advisory board and therefore is not legally subject to the requirements of the Texas Open Meetings Act. A.1 Call to order and announce a quorum. A.2 Citizen Presentations: this is an opportunity for citizens to address the Charter Review Commission (CRC) on any matter whether or not it is posted on the agenda. The CRC will not take action on or discuss any presentations made to the CRC at this time concerning an item not listed on the agenda. The CRC will hear presentations on specific agenda items prior to the CRC addressing those items. You may speak up to three (3) minutes or the time limit determined by the Chairman or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the CRC has authority. A.3 Staff Presentation; this is an opportunity for staff to address the CRC on any matter related to the Charter Review whether or not it is posted on the agenda. All matters listed as Consent Agenda are considered to be routine by the CRC and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, June 16, 2008. END OF CONSENT CA Recording Secretary, Commissioner Brewster to update the Commission with recommendations received. (Recommendations presented will be included to the Minutes as exhibits.) C.2 Discuss and take appropriate action regarding proposed amendment Code of Ethics and Conduct and related Charter provisions. (REF 030) C.3 Discuss and take appropriate action regarding proposed amendment Add 1 Councilmember and Three Year Terms and related Charter provisions. (REF 026) C.4 Discuss and take appropriate action regarding proposed amendment Change from At Large to At -Large -by Place elections and related Charter provisions. (REF 003) C.5 Discuss and take appropriate action regarding proposed amendment Resignation of Council Member Seat and related Charter provisions. (REF 017) C.6 Discuss and take appropriate action regarding proposed amendment Add Term Limits and related Charter provisions. (REF 014) C.7 Discuss and take appropriate action regarding proposed amendment Add violates any express prohibition of this charter to Section 3.04 and related Charter provisions. (REF 004) C.8 Discuss and take appropriate action regarding proposed amendment Filling Vacancies and related Charter provisions. (REF 016) C.9 Discuss and take appropriate action regarding proposed amendment Add Council Compensation and related Charter provisions. (REF 027) C.10 Discuss and take appropriate action regarding proposed amendment Add Mayor Voting on All Matters and related Charter provisions. (REF 013) CA 1 Discuss and take appropriate action regarding proposed amendment Agenda Request and related Charter provisions. (REF 023) C.12 Discuss and take appropriate action regarding proposed amendment Conflict of Interest and Abstention Town Council Procedure and related Charter provisions. (REF 015) C.13 Discuss and take appropriate action regarding proposed amendment Clarify Appointment Procedure and related Charter provisions. (REF 029) C.14 Discuss and take appropriate action regarding proposed amendment Appointment of Town Attorney and related Charter provisions. (REF 021) C.15 Discuss and take appropriate action regarding proposed amendment Comply with Texas Election Code and related Charter provisions. (REF 028) C.16 Discuss and take appropriate action regarding proposed amendment Clarify Grounds for Recall and related Charter provisions. (REF 005) C.17 Discuss and take appropriate action regarding proposed amendment Reduce Recall Signatures Required and related Charter provisions. (REF 018) C.18 Discuss and take appropriate action regarding proposed amendment Align Petition for Recall with State Requirements and related Charter provisions. (REF 002) C.19 Discuss and take appropriate action regarding proposed amendment Reduce Required Signatures for Initiative and Referendum and related Charter provisions. (REF 006) C.20 Discuss and take appropriate action regarding proposed amendment Budget Process Enhancement and related Charter provisions. (REF 031) C.21 Discuss and take appropriate action regarding proposed amendment Franchise Term and related Charter provisions. (REF 0032) C.22 Discuss and take appropriate action regarding proposed amendment Charter Review Commission and related Charter provisions. (REF 025) C.23 Discuss and take appropriate action regarding proposed amendment Code of Ethics and Conduct and related Charter provisions. (REF 30) C.24 Discuss and take appropriate action regarding how the CRC will proceed. 2 C.25 Items for Future Agenda. C.26 Adjourn. 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 Friday, June 20, 2008, at 12:00 P.M. in accordance with Chapter 551, Texas Government Code. L-2:2 i I_1sa Hennek, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary, Lisa Hennek 48 hours in advance at 682-831-4601 and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by the Town Council was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the day of 12008 Title: 3 Minutes of Regular Charter Review Commission Meeting for the Town of Trophy Club LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS PUBLIC SERVICE CONFERENCE ROOM Monday, June 16, 2008 at 4:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Charter Review Commission for the Town of Trophy Club, Texas, met in a Regular Session on Monday, June 16, 2008. The meeting was held within the boundaries of the Town and was open to the public. CHARTER REVIEW COMMISSION (CRC) MEMBERS PRESENT: William (Bill) Rose CRC Chair Bob Downey CRC Vice -Chair Ben Brewster CRC Recording Secretary Roger Williams CRC Member Larry Crosser CRC Member Joel Quile CRC Member Richard Hobday CRC Member ABSENT: Melissa Klauss CRC Member Richard (Scott) Briggs CRC Member (will miss the next meeting as well) STAFF AND GUEST(S) PRESENT: Patricia Adams Town Attorney Tammy Ard, HR Coordinator A.1 Chairman Rose, noting a quorum, called the meeting to order at 4:00 p.m. A.2 Citizen Presentations: No citizen presentations made. A.3 Staff Presentation; this is an opportunity for staff to address the CRC on any matter related to the Charter Review whether or not it is posted on the agenda. No staff presentations were made. B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated: a. May 5, 2008 Commissioner Downey Motion: "to approve Consent Agenda, Item B.1.a." Commissioner Quile seconded; motion carries unanimously. b. May 12, 2008 Commissioner Crosser Motion: "to approve Williams seconded; motion carries unanimously. C. June 2, 2008 Commissioner Downey Motion: "to approve Williams seconded; motion carries unanimously. Consent Agenda, Item B.1.b." Commissioner Consent Agenda, Item B.1.c." Commissioner d. June 9, 2008 Item B.1.d was pulled from the Agenda and will be considered at the next meeting. END OF CONSENT CA Recording Secretary, Commissioner Brewster to update the Commission with recommendations received. (Recommendations presented will be included to the Minutes as exhibits.) Commissioner Brewster provided that the following Proposed Amendments had been received: Clarify Appointment Procedure Comply with Texas Election Code Code of Ethics and Conduct C.2 Discuss and take appropriate action regarding proposed amendment Budget Process Enhancement and related Charter provisions. Commissioner Williams Motion: "to move PA Budget Process and Enhancement to the roundup." Commissioner Crosser seconded; motion carries unanimously. C.3 Discuss and take appropriate action regarding relocating 3.20 Audit and Examination of Town Books and Accounts from Article III The Council to Article IX Budget, Finance and Taxation. Commissioner Rose Motion: "to relocate 3.20 Audit and Examination of Town Books and Accounts from Article III The Council to Article IX Budget, Finance and Taxation." The consensus of the Commission agreed. CA Discuss and take appropriate action regarding proposed amendment Align Majority of Council Verbiage contained in various provisions throughout the Charter. Commissioner Rose Motion: "to approve the PA Align Majority of Council Verbiage contained in various provisions throughout the Charter." Commissioner Downey seconded; motion fails unanimously. C.5 Discuss and take appropriate action regarding proposed amendment Clarify Appointment Procedure and related Charter provisions. Commissioner Rose Motion: "to approve the PA Clarify Appointment Procedure and related Charter provisions." Commissioner Downey seconded; motion carries unanimously. C.6 Discuss and take appropriate action regarding proposed amendment Franchise Term and related Charter provisions. Commissioner Rose Motion: "to advance the PA Franchise Term and related Charter provisions to the roundup." Commissioner Williams seconded; motion carries unanimously. Commissioner Williams motion, "to strike term, and that no franchise shall be granted for a term exceeding twenty (20) thirty (30) years from the date of the grant, renewal or extension, from the PA." Commissioner Downy seconded; motion carries unanimously. C.7 Discuss and take appropriate action regarding proposed amendment Add Council Compensation and related Charter provisions. Commissioner Rose Motion: "to advance the PA Add Council Compensation and related Charter provisions to the roundup." Commissioner Downey seconded. Motion passed 7:1 with Commissioner Hobday opposing. C.8 Discuss and take appropriate action regarding proposed amendment Comply with Texas Election Code and related Charter provisions. Commissioner Rose Motion: "to advance the PA Comply with Texas Election Code and related Charter provisions to the roundup." Commissioner Brewster seconded; motion carries unanimously. C.9 Discuss and take appropriate action regarding proposed amendment Code of Ethics and Conduct and related Charter provisions. Commissioner Rose Motion: "to advance the PA Code of Ethics and Conduct and related Charter provisions, to roundup." Commissioner Quile seconded; motion carries unanimously. Commissioner Williams motion, "to amend with appropriate verbiage and move to roundup." Commissioner Brewster seconded; motion carries unanimously. C.10 Discuss and take appropriate action regarding how the CRC will proceed. No action taken. CA 1 Items for Future Agenda. No action taken. C.12 Reports. There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. The Commission would like to have this removed from the next Agenda. C.13 Adjourn. Commissioner Quile Motion: "to adjourn." Commissioner Williams seconded; motion carries unanimously. Meeting adjourned at 5:44 p.m. Lisa Hennek, Town Secretary Town of Trophy Club, Texas Bill Rose, Chair Charter Review Commission 3 MEN tm Charter Review Commission Draft Amendment Log Date InputlAuthor Draft Amendment Reference Date CRC Received Abstract No. Discussed Approved (Yes or No Add 2 Council members Feb 11, Bill Rose and retain majority 001 Replaced 2008 membership required by REF 024 concept. Feb 11, Bill Rose Align Petition for Recall 002 Advanced 2008 with State requirements, Feb 11, Pearl Ford/Bill Change from At -Large 2008 Rose to At -Large by Place 003 Advanced elections Add: Violates any Feb 11, Bill Rose express prohibition of ::004 Advanced 2008 the charter, to Section 3.04 Feb 11, Bill Rose Clarify Grounds for 005 Advanced 2008 Recall Feb 11, Reduce required 2008 Bill Rose signatures for Initiative 006 Advanced and Referendum Feb 11, Bill Rose Add Term Limits 007 Replaced 2008 by REF 014 Require the Town to set Feb 14, Neil Twomey a rate order equal to 008 5117108 No 2008 rate orders set by the Municipal Utility District Combined April 7, Kathleen Change Council Terms with REF 2008 Wilson/Dick from 2 to 3 years 009 10 Hobday Replaced by REF 024 Combined April 7, Bill Rose Add 1 Councilmember 010 with REF 9 2008 Replaced by REF 024 April 7, Add the Town to Replaced 2008 Dick Hobday created a Charter 011 by REF 025 Review Commission April 14, Susan Non-binding 2008 Edstrom/Bill Referendum 012 515108 No Rose April 14, Bill Rose Add Mayor voting on all 013 Advanced 2008 matter Date Input/Author Draft Amendment Reference Date CRC Received Abstract No. Discussed Approved (Yes or ND April 14, Kathleen Amended 2008 Wilson/Bill Term Limits 014 REF 007 Rose Advanced April 14, Conflict of Interest and 2008 Dick Hobday Abstention Town 015 Advanced Council Procedure April 28, Kathleen 2008 Wilson/Bill Filling Vacancies 016 Advanced Rose May 17, Roger Resignation of Council 017 Advanced 2008 Williams Member Seat. May 17, Dick Hobday Reduce Recall 018 Advanced 2008 Signatures Required May 17, Roger Franchise Term 019 Replaced 2008 Williams by REF 032 Larry May 17, Crosser/Roger Budget Process Replaced 2008 Williams/Ben Enhancement 020 by REF 031 Brewster/Bill Rose May 17, Roger Appointment of Town 021 Advanced 2008 Williams Attorney May 17, Dick Hobday Align Majority of Council 022 6/18/08 No 2008 Verbiage May 17, Brandon 2008 Emmons/Bill Agenda Request 023 Advanced Rose May 17, Bill Rose/Dick Add 1 Councilmember 024 Replaced 2008 Hobdayand Three Year Terms by REF 026 May 17, Dick Hobday/Bill Charter Review 025 Advanced 2008 Rose Commission June 2 Dick Add 1 Councilmember Amended 2008 Hobday/Bill and Three Year Terms 026 REF 024 Rose Advanced June 2, Connie Add Council 2008 White/Bill Compensation 027 Advanced Rose June 16, Patricia Adams/ Bill Comply with Texas 028 Advanced 2008 Rose Election Code June 16, Bill Rose Clarify Appointment 029 Advanced 2008 Procedure June 16, Greg Lamont/ Code of Ethics and D30 Advanced 2008 Bill Rose Conduct Date InputlAuthor Draft Amendment Reference Date CRC Received Abstract No. Discussed Approved (Yes or No Larry June 16 Crosser/Roger Budget Process Amended 2008 Williams/Ben Enhancement 031 REF 020 Brewster/Bill Advanced Rose June 16, Roger Amended 2008 Williams Franchise Term 032 REF 019 Advanced REF 002 Proposed Amendment: Align Petition for Recall with State requirements Current Wording with Striketbrough, Bold Changes:, 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. Administrator. Each -&Egan^ of sue r l � ^^ledtieshall -personally sign his nats�e4her�:te in kiktl�iiidelible Pena l, and shall write after- his iiame his place of FesideI street and his^-roter fegiII a io ..i and shall a!v. z=1; .. the da tha-menti} ante year- his sig was ^ffbie- All signatures must be in compliance with the requirements set out in the Texas Election Code. Proposed Wording Clean: 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. Reference: Texas Election Code § 277.004. EFFECT OF CITY CHARTER OR ORDINANCE. Any requirements for the validity or verification of petition signatures in addition to those prescribed by this chapter that are prescribed by a home -rule city charter provision or a city ordinance are effective only if the charter provision or ordinance was in effect September 1, 1985. Added by Acts 1987, 70th Leg., ch. 54, § 16(c), off. Sept. 1, 1987. § 277.002. VALIDITY OF PETITION F01 SIGNATURES. (a) For a petitionrOl signature to be valid, a petitionrOl must: (1) contain in addition to the signature: (A) the signer's printed name; (B) the signer's: (i) date of birth; or (ii) voter registration number and, if the territory from which signatures must be obtained is situated in more than one county, the county Of registration; (C) the signer's residence address; and (D) the date of signing; and (2) comply with any other applicable requirements prescribed by law. (b) The signature is the only information that is required to appear on the petition rOl in the signer's own handwriting. DRAFT Page 1 of 2 W Rose 03/18/08 REF 002 (c) The use of ditto marks or abbreviations does not invalidate a signature if the required information is reasonably ascertainable. (d) The omission of the state from the signer's residence address does not invalidate a signature unless the political subdivision from which the signature is obtained is situated in more than one state. The omission of the zip code from the address does not invalidate a signature. (e) A petition[Ol signature is invalid if the signer signed the PetitionrOl earlier than the 180th day before the date the petitionfOl is filed. Added by Acts 1987, 70th Leg., ch. 54, § 16(c), eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 728, § 82, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1349, § 73, eff. Sept, I, 1997; Acts 2003, 78th Leg., ch. 1316, § 43, eff. Sept. 1, 2003. DRAFT Page 2 of 2 W Rase 03/18/08 REF 003 Proposed Amendment: Change from At -Large to At -Large -by -Place elections Current Wordine: 3.01 Number, Selection, Term The Council shall consist of six (6) members, a Mayor and five (5) Councilmembers, elected from the Town at large in the manner provided in Article V, for a term of two years or until their successors have been elected and take office as provided in Article V. Upon adoption of this Charter, all duly elected or appointed members of Council and Mayor shall remain in office until their term of office expires. Proposed Wordin 3.01 Number, Selection, Term The Council shall consist of six (6) members, a Mayor and five (5) Councilmembers, elected from the Town at -large -by -place in the manner provided in Article V, for a term of two years or until their successors have been elected and take office as provided in Article V. Each Councilperson shall be elected to and occupy a place on the Council, such places being numbered one (1), two (2), three (3), four (4), and five (5). Councilmember terms expiring in May of 2008 shall be designated Places three (3), four (4), and five (5). Councilmember terms expiring in May of 2009 shall be designated Places one (1), and two (2). Upon adoption of this Charter Amendment, all duly elected or appointed members of Council and Mayor shall remain in office until their term of office expires. DRAFT Page 1 of 1 W Rose 02/08/07 I S DI IIIIL I Proposed Amendment: Add violates any express prohibition of this charter to Section 3.04 Current Wording with Strikethrough Bold Changes: 3.04 Vacancies, Forfeiture of Office, Filling of Vacancies (a) The office of the Mayor or a Councilmember shall become vacant upon the Mayor or Councihnember's death, resignation, removal from office (in any manner authorized by Iaw), or forfeiture of office. (b) The Mayor or a Councilmember shall forfeit his office if during a tern of office, the Mayor or Councilmember: (1) lacks any qualification for the office prescribed by this Charter or by other law; (2) violates any express prohibition of this Charter; {?) (3) is convicted of a felony crime or is convicted of a crime involving moral turpitude; or, (3) (4) fails to attend three consecutive regular meetings of the Council without being excused by the Council. The Council shall, by an affirmative 314 vote of the entire membership, be the judge in matters involving forfeiture of office by a Councilmember or the Mayor. Forfeiture of office pursuant to this section may be appealed to an appropriate court as provided by law. (c) When one or more vacancies occur at any one time, a special election shall be called by the Council for the next date available under the Texas Election Code to fill the vacancies in the same manner as described herein for regular elections. However, if such vacancies occur within ninety (90) days of a regular election, then no special election shall be called and remaining CounciImembers shall appoint qualified persons to fill the vacancies until the regular election. Notwithstanding any other provision of this Charter to the contrary, if, at any time, the membership of the Council is reduced to less than four (4), the remaining members may by majority action appoint additional members to raise the membership to four (4). These appointees shall serve until the positions can be filled at the next regular or special Town election. Proposed Wording Clean: 3.04 Vacancies, Forfeiture of Office, Filling of Vacancies (a) The office of the Mayor or a Councilmember shall become vacant upon the Mayor or CounciImember's death, resignation, removal from office (in any manner authorized by law), or forfeiture of office. (b) The Mayor or a Councilmember shall forfeit his office if during a term of office, the Mayor or Councilmember: (1) lacks any qualification for the office prescribed by this Charter or by other law; (2) violates any express prohibition of this Charter; (3) is convicted of a felony crime or is convicted of a crime involving moral turpitude; (4) fails to attend three consecutive regular meetings of the Council without being excused by the Council. The Council shall, by an affirmative 3/4 vote .of the entire membership, be the judge in matters involving forfeiture of office by a Councilmember or the Mayor. Forfeiture of office pursuant to this section may be appealed to an appropriate court as provided by law. (c) When one or more vacancies occur at any one time, a special election shall be called by the Council for the next date available under the Texas Election Code to fill the vacancies in the same manner as described herein for regular elections. However, if such vacancies occur within ninety (90) days of a regular election, then no special election shall be called and remaining Councilmembers shall appoint qualified persons to fill the vacancies until the regular election. Notwithstanding any other provision of this Charter to the contrary, if, at any time, the membership of the Council is reduced to less than four (4), the remaining members may by majority action appoint additional members to raise the membership to four (4). These appointees shall serve until the positions can be filled at the next regular or special Town election. DRAFT Page 1 of 1 W Rose 03/18/08 REF 005 Proposed Amendment: Clarify Grounds for Recall Current Wording with-Strikethrough Bold Changes: 6.01 Scope of Recall Any elected Town official, whether elected to office by the qualified voters of the Town or appointed by the council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the Toym on gFetmds ef ineempeteney, misconduet-, malfeasane-e in ecce or who 3..,,,,,.c.,,.ly o inteFA4snallyvi . 'ani the--C—hacten Town. 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, , 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. 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 , 19_. Notary Public, County, Texas Proposed Wording Clean,: 6,01 Scope of Recall Any elected Town official, whether elected to office by the qualified voters of the Town or appointed by the Council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the Town. 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, 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. The signature shall be verified by oath in the following form: STATE OF TEXAS § COUNTY OF § I, _ being first duly swore, 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 , 19 Notary Public, County, Texas Page 1 of I W Rose 04/21/08 Rev 1 REF 006 Proposed Amendment: Reduce required signatures for Initiative and Referendum Current Wording with Strikethrough Bold Changes: 7.42 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 (220) ten (10) 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 first uniform election date occurring on or after sixty (60) days from the date the election is ordered. 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. Promised Wording Clean: 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 ten (10) 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 first uniform election date occurring on or after sixty (60) days from the date the election is ordered. 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. DRAFT Page 1 of l W Rose 03/18/08 REF 013 Proposed Amendment: Add Mayor Voting On All Matters Current Wording with Strikethroush Bold Chances: 3.06 Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof: He may participate in the discussion of all matters coming before the Council and in case of a e vote,� to he shall have a vote on all matters before the Council. He shall sign after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. 3.12 Quorum A majority of the Council—,aat-iuel gee Mayor; shall constitute a quorum to do business. A number less than a quorum may adjourn from time to time and compel the attendance of absent members. Except as otherwise specifically provided herein or as provided by law, t4ee (3) four (4) Couasilmeers members of Council shall constitute a quorum for the purpose of transaction of business and no action of the Council shall be valid or binding unless adopted by the affirmative vote of tree (3) four (4) or more members of the Council, or as required by State law or this Charter. If the Council is reduced to less than three (3) four (4) members on account of vacancies, the remaining members shall constitute a quorum for the sole purpose of calling an election. 3.15 Procedure for Enacting Ordinances and Resolutions; Publications (a) Ordinances and resolutions may be passed at any regular meeting or special meeting called for that purpose provided notice has been given in accordance with the Texas Open Meetings Act. (b) All ordinances, exclusive of emergency ordinances defined by Section 3.17 of this Charter, shall be considered and passed in open meeting of the Council. All persons interested shall have the opportunity to be heard. The Town Attorney shall opine as to legality all ordinances prior to final adoption. Every ordinance, resolution or motion shall require on passage the affirmative vote of #hree (3) four (4) or more members of Council present unless more is required by State law. (c) The descriptive caption or title of an ordinance that imposes a penalty, fine or forfeiture, and the penalty for violating the ordinance, shall be published at least once in the official newspaper of the Town. (d) An ordinance required to be published takes effect when the publication requirement is satisfied, unless the ordinance provides otherwise. An ordinance that is not required to be published takes effect when adopted unless the ordinance provides otherwise. (e) All ordinances and resolutions may be admitted and received in all courts, subject to the rules of evidence and laws of jurisdictions where proof of such ordinances and resolutions are tendered, without further proof. 3.17 Emergency Ordinances The Council may adopt emergency ordinances only to meet public emergencies affecting the life, health, property or the public peace in accordance with State law. In particular, such ordinances shall not levy DRAFT Page 1 of 3 W Rose 04/28/08 Rev 2 REF 013 taxes, grant or renew or extend a franchise or regulate the rate charged by any public utility for its services. An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that it shall be plainly designated in the title as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms, An emergency ordinance can be adopted with or without amendment or rejected at the meeting at which it was introduced. The affirmative vote of t#ree-(3) four (4) members of the Council shall be required for adoption. After adoption the ordinance shall be published as required by law, but may become effective immediately upon enactment. Proposed Wording Clean: 3.06 Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and he shall have a vote on all matters before the Council. He shall sign after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. 3.12 Quorum A majority of the Council shall constitute a quorum to do business. A number less than a quorum may adjourn from time to time and compel the attendance of absent members. Except as otherwise specifically provided herein or as provided by law, four (4) members of Council shall constitute a quorum for the purpose of transaction of business and no action of the Council shall be valid or binding unless adopted by the affirmative vote of four (4) or more members of the Council, or as required by State law or this Charter. If the Council is reduced to less than four (4) members on account of vacancies, the remaining members shall constitute a quorum for the sole purpose of calling an election. 3.16 Procedure for Enacting Ordinances and Resolutions; Publications (a) Ordinances and resolutions may be passed at any regular meeting or special meeting called for that purpose provided notice has been given in accordance with the Texas Open Meetings Act. (b) All ordinances, exclusive of emergency ordinances defined by Section 3.17 of this Charter, shall be considered and passed in open meeting of the Council. All persons interested shall have the opportunity to be heard. The Town Attorney shall opine as to legality all ordinances prior to final adoption. Every ordinance, resolution or motion shall require on passage the affirmative vote of four (4) or more members of Council present unless more is required by State law. (c) The descriptive caption or title of an ordinance that imposes a penalty, tine or forfeiture, and the penalty for violating the ordinance, shall be published at least once in the official newspaper of the Town. (d) An ordinance required to be published takes effect when the publication requirement is satisfied, unless the ordinance provides otherwise. An ordinance that is not required to be published takes effect when adopted unless the ordinance provides otherwise. DRAFT Page 2 of 3 W Rose 04/28/08 Rev 2 REF 013 (e) All ordinances and resolutions may be admitted and received in all courts, subject to the rules of evidence and laws of jurisdictions where proof of such ordinances and resolutions are tendered, without further proof. 3.17 Emergency Ordinances The Council may adopt emergency ordinances only to meet public emergencies affecting the life, health, property or the public peace in accordance with State law. In particular, such ordinances shall not levy taxes, grant or renew or extend a franchise or regulate the rate charged by any public utility for its services. An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that it shall be plainly designated in the title as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance can be adopted with or without amendment or rejected at the meeting at which it was introduced. The affirmative vote of four (4) members of the Council shall be required for adoption. Amer adoption the ordinance shall be published as required by law, but may become effective immediately upon enactment. DRAFT Page 3 of 3 W Rose 04/28/08 Rev 2 REF 014 Proposed Amendment: Add Term Limits Current Wording with Strikethrou h Bold Changes: 3.02 Term Limits No person shall serve as Mayor for successive elected full terms totaling more than six years, and no person shall serve as Councilmember for successive elected full terms totaling more than six years. A term of office shall be defined as an elected period of two (2) years or an elected period of three (3) years. A portion of a term does not count as a term of office for purposes of a limit. Term limits shall apply to the May of 2009 election and all subsequent elections. Election terms previously served or being served at the May of 2009 election are not counted in the application of term limits. Table of Contents Article III THE COUNCIL......................................................................................................... 9 3.02 Term Limits....................................................................................................................... 9 Proposed Wording Clean: 3.02 Term Limits No person shall serve as Mayor for successive elected full terms totaling more than six years, and no person shall serve as Counciimember for successive elected full terms totaling more than six years. A term of office shall be defined as an elected period of two (2) years or an elected period of three (3) years. A portion of a term does not count as a term of office for purposes of a limit. Term limits shall apply to the May of 2009 election and all subsequent elections. Election terms previously served or being served at the May of 2009 election are not counted in the application of term limits. Table of Contents ArticleIII THE COUNCIL......................................................................................................... 9 3.02 Term Limits....................................................................................................................... 9 Note: Subsequent Articles and Table of Contents will need renumbered. DRAFT Page 1 of 1 W Rose 04/14/08 Rev 1 REF 015 Proposed Amendment: Conflict of Interest and Abstention Town Council Procedure Current Wording with Strikethrough Bold Changes: None Proposed Wording Clean: 3.13 Conflict of Interest Should any person on the Town Council have a conflict of interest, pursuant to any State laws and/or Town ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the Town Council, he or she shall openly declare same before discussion proceeds, and he or she is thereby prohibited from discussing the item or voting on the question, and is not considered as present and voting for the purposes of the tally. 3.14 Abstention Should any person on the Town Council choose to abstain from voting on any question before the Town Council, where no conflict of interest exists, the person's vote shall be recorded as a negative vote in the official minutes of the meeting. DRAFT Page 1 of 1 D Hobday 04/14/08 REF 016 Proposed Amendment: Filling Vacancies Current Wording with Strikethrou h Bold Changes: 3.04 Vacancies, Forfeiture of Office, Filling of Vacancies (a) The office of the Mayor or a Councilmember shall become vacant upon the Mayor or Councilmember's death, resignation, removal from office (in any manner authorized by law), or forfeiture of office. (b) The Mayor or a Councilmember shall forfeit his office if during a term of office, the Mayor or Councilmember: (1) lacks any qualification for the office prescribed by this Charter or by other law; (2) is convicted of a felony crime or is convicted of a crime involving moral turpitude; or, (3) fails to attend three consecutive regular meetings of the Council without being excused by the Council. The Council shall, by an affirmative 314 vote of the entire membership, be the judge in matters involving forfeiture of office by a Councilmember or the Mayor. Forfeiture of office pursuant to this section may be appealed to an appropriate court as provided by law. (":,men e>}e er-mere vaeaneies aceur at any one time, a speeial eleetioae called by the Ge'UH61-€9rtk end nGee to fill the vasaficies iii the same ed -herein for- re.,,.la . eleetions However, >i eH e speeial aleo+:..,, ..1..,11 be ea4led and e Gen acilmember-sshallappai lalitie"erse e-ies 11mil the regular- e'ee#3nrr. Notwithstanding ari), crit'-rP , , at any time, the member -ship of Gotm .:1 : ,.,,a„tndte less than four (4) five (5) the mijsFity action appeii3toddidenathe-membership to f uF 5 -these appaWees shall serve ,:�z iii -t the pesltiens-c-�e-fille`� •,+c«t the nc.••t regular-v^i spczx lnr-eym election} Notwithstanding e f to 43a eeatrai3,, :f at a . +;,, e,+1,e bBFship „4'rl.,e r.,utis duced_t lo�� «� ,n four (4) the remaining membersmay �ei�i�ppeiadT�e�� members to raise +t,e member -ship to f of (4) 'ri...se p es shall sei-ve until e positions ea$ -be filler at -the next ^lam a ee-tiai} (c) If there is a vacancy in the office of Mayor, a new Mayor shall be elected by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. (d) A vacancy in the office of a Councilmember shall be filled by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. If the vacated office is that of Mayor Pro -Tem, the Town Council shall elect a new Mayor Pro -Tem at the next regular meeting. (e) Vacancies filled by special election shall be for the remainder of the term that was vacated. Proposed Wording Clean: 3.04 Vacancies, Forfeiture of Office, Filling of Vacancies (a) The office of the Mayor or a Councilmember shall become vacant upon the Mayor or Councilmember's death, resignation, removal from office (in any manner authorized by law), or forfeiture of office. DRAFT Page I of 2 W Rose 04/24/08 REF 016 (b) The Mayor or a Councilmember shall forfeit his office if during a term of office, the Mayor or Councilmember: (1) lacks any qualification for the office prescribed by this Charter or by other law; (2) is convicted of a felony crime or is convicted of a crime involving moral turpitude; or, (3) fails to attend three consecutive regular meetings of the Council without being excused by the Council. The Council shall, by an affirmative 314 vote of the entire membership, be the judge in matters involving forfeiture of office by a Councilmember or the Mayor. Forfeiture of office pursuant to this section may be appealed to an appropriate court as provided by Iaw. (c) If there is a vacancy in the office of Mayor, a new Mayor shall be elected by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. (d) A vacancy in the office of a Councilmember shall be filled by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. If the vacated office is that of Mayor Pro -Tem, the Town Council shall elect a new Mayor Pro -Tem at the next regular meeting. (e) Vacancies filled by special election shall be for the remainder of the term that was vacated. DRAFT Page 2 of 2 W Rose 04/24/08 REF 01'7 Proposed Amendment: Resignation of Council Member Seat Current Wording with Strikethrou h Bold Changes: 3.02 Qualifications (a) Each person who becomes a candidate for Mayor or Councilmember shall meet the following qualifications: (1) be at least twenty-one (2 1) years of age on the first day of the form to be filed or date of appointment; (2) be a citizen of the United States; (3) be a qualified voter of the Town; (4) reside and have resided for at least twelve (12) months preceding the election within the corporate limits of the Town; (5) no candidate may file for more than one office or position number per election; and, (6) no employee of the Town shall continue in such position after becoming a candidate for a Town elective. (1) If any sitting Council Member #"ales to become a candidate for another public office, he shall resign his current seat upon filing for the new office. (b) When any member of the Council no longer possesses all of the qualifications specified in this section, or is convicted of a felony or any offense involving moral turpitude while in office, the office shall immediately and automatically become vacant. The Council shall be the judge of the qualifications of its members in accordance with Section 3.04(b) and for these purposes shall have the power to subpoena witnesses and require the production of records. 5.04 Filing for Office (a) Each candidate for an elective office shall meet the qualifications set forth in Section 3.02 of this Charter. (b) Any person so qualified who desires to become a candidate for election shall file an application with the Town Secretary, in accordance with the Texas Election Code, as amended, and all other applicable laws, (c) Within five (5) days after the filing of an application, the Town Secretary shall notify the candidate whether or not the application satisfied the requirements prescribed by this Charter. If an application is found insufficient, the Town Secretary shall return it immediately to the candidate with a statement certifying wherein it is insufficient. Within the regular time for filing applications, a new application may be filed by the same candidate. The Town Secretary shall keep on file all applications found sufficient at least until the expiration of the term of which the candidates are nominated in those applications. (d) If any member of a board, commission or corporation appointed by the Council shall become a candidate for election to any public office of the Town, he shall immediately upon his being elected, forfeit his place as a member of such board, commission or corporation. (e) If any employee of the Town becomes a candidate for election to any public office of the Town they shall, immediately upon becoming a candidate, forfeit the employment held with the Town. (f) 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. DRAFT Page 1 of 2 R Williams 05/17/08 REF 017 Proposed Wording Clean: 3.02 Qualifications (a) Each person who becomes a candidate for Mayor or Councilmember shall meet the following qualifications: (1) be at least twenty-one (21) years of age on the first day of the form to be filed or date of appointment; (2) be a citizen of the United States; (3) be a qualified voter of the Town; (4) reside and have resided for at least twelve (12) months preceding the election within the corporate limits of the Town; (5) no candidate may file for more than one office or position number per election; and, (6) no employee of the Town shall continue in such position after becoming a candidate for a Town elective. (7) 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. (b) When any member of the Council no Ionger possesses all of the qualifications specified in this section, or is convicted of a felony or any offense involving moral turpitude while in office, the office shall immediately and automatically become vacant. The Council shall be the judge of the qualifications of its members in accordance with Section 3.04(b) and for these purposes shall have the power to subpoena witnesses and require the production of records. 5.04 Filing for Office (a) Each candidate for an elective office shall meet the qualifications set forth in Section 3.02 of this Charter. (b) Any person so qualified who desires to become a candidate for election shall file an application with the Town Secretary, in accordance with the Texas Election Code, as amended, and all other applicable laws. (c) Within five (5) days after the filing of an application, the Town Secretary shall notify the candidate whether or not the application satisfied the requirements prescribed by this Charter. If an application is found insufficient, the Town Secretary shall return it immediately to the candidate with a statement certifying wherein it is insufficient. Within the regular time for filing applications, a new application may be filed by the same candidate. The Town Secretary shall keep on file all applications found sufficient at least until the expiration of the term of which the candidates are nominated in those applications. (d) If any member of a board, commission or corporation appointed by the Council shall become a candidate for election to any public office of the Town, he shall immediately upon his being elected, forfeit his place as a member of such board, commission or corporation. (e) If any employee of the Town becomes a candidate for election to any public office of the Town they shall, immediately upon becoming a candidate, forfeit the employment held with the Town. (f) 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. DRAFT Page 2 of 2 R Williams 05/17/08 REF 018 Proposed Amendment: Reduce Recall Signatures Required Current Wording with Strikethrou h Bold Changes: 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 perfent— {— O ten percent (10%) 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. Each signer of such recall petition shall personally sign his name thereto in ink or indelible pencil, and shall write after his name his place of residence, giving name of street and number, his voter registration certificate number and shall also write thereon the day, the month and the year his signature was affixed Proposed_ Wording Clean: 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 ten percent (10%) 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. DRAFT D Hobday 05/14/08 Page 1 of 1 REF 021 Proposed Amendment: Appointment of Town Attorney Bold Current Wording with Strikethrovg h Bbl Changes:...,_., 4.14 Town Attorney --Appointment & Qualifications The Council shall require "Requests for Information" (RFI) for legal services every two years. After receiving this information, The the Council, by majority vote of the entire Council qualified and serving, shall appoint an attorney licensed and in good standing to practice in the State of Texas as the Town Attorney. He shall serve at the discretion of the Council and he shall receive for his services such compensation as may be fixed by the Council. The authority to set compensation may be delegated at the discretion of Council. The Town Attorney shall be the legal adviser of, and attorney for, all of the offices and departments of the Town, and he or his designee shall represent the Town in all litigation and legal proceedings; provided, that the Town Attorney may retain special counsel at any time he deems appropriate and necessary in accordance with the constraints of the budget. The Town Attorney shall perform other duties prescribed by this Charter, by ordinance or as directed by the Council. Proposed Wording Clean: The Council shall require "Requests for Information" (RFI) for legal services every two years. After receiving this information, the Council, by majority vote of the entire Council qualified and serving, shall appoint an attorney licensed and in good standing to practice in the State of Texas as the Town Attorney. He shall serve at the discretion of the Council and he shall receive for his services such compensation as may be fixed by the Council. The authority to set compensation may be delegated at the discretion of Council. The Town Attorney shall be the legal adviser of, and attorney for, all of the offices and departments of the Town, and he or his designee shall represent the Town in all litigation and legal proceedings; provided, that the Town Attorney may retain special counsel at any time he deems appropriate and necessary in accordance with the constraints of the budget. The Town Attorney shall perform other duties prescribed by this Charter, by ordinance or as directed by the Council. DRAFT Page 1 of ] R Williams 05/17/08 Rev 1 REF 023 Proposed Amendment: Agenda request Current Wordine with Strikethroueh Bold Changes: 3.11 Rules of the Council (a) The Council shall determine its own rules of procedure and may compel the attendance of its members. Minutes of the proceedings of the Council shall be kept, to which any citizen may have access at all reasonable times and which shall constitute one of the archives of the Town. (b) Any item requested by end two (2) or more members of the Council or by the Town Manager shall be placed on the agenda by the Town Secretary. The Mayor will establish the order of the agenda for each Council meeting. The Town Secretary shall prepare the agenda, which shall be publicly posted in accordance with the Texas Open Meetings Act. (c) The rules shall provide that citizens of the Town shall have a reasonable opportunity to be heard at any meeting. Proposed Wordine Clean: 3.11 Rules of the Council (b) The Council shall determine its own rules of procedure and may compel the attendance of its members. Minutes of the proceedings of the Council shall be kept, to which any citizen may have access at all reasonable times and which shall constitute one of the archives of the Town. (b) Any item requested by two (2) or more members of the Council or by the Town Manager shall be placed on the agenda by the Town Secretary. The Mayor will establish the order of the agenda for each Council meeting. The Town Secretary shall prepare the agenda, which shall be publicly posted in accordance with the Texas Open Meetings Act. (c) The rules shall provide that citizens of the Town shall have a reasonable opportunity to be heard at any meeting. DRAFT Page 1 of 1 R Williams fly/17/08 REF 025 Proposed Amendment: Charter Review Commission Current Wording with Strikethrou h Bold Changes: 11.13 Amendment of Charter Amendments to this Charter may be framed and submitted to the voters of the Town in the manner provided by State law. 11.12 Charter Review Commission The Council shall appoint a Charter Review Commission no later than July 2012 and at intervals of not more than four (4) years thereafter. The Commission shall consist of nine (9) qualified voters of the Town. Each council member shall appoint one member to serve on the Charter Review Commission, and remaining members shall be appointed by majority vote of the entire council qualified and serving. The Commission shall review the Town Charter and make Charter amendment recommendations, where appropriate, that will help protect or enhance the rights, powers and benefits of all Trophy Club residents. It shall be the duty of the Charter Review Commission to: (a) Inquire into the operation of the Town government under the Charter and determine whether any provisions require revision. To this end, public hearings may be held; (b) Propose any recommendations it deems desirable to ensure compliance with this Charter; (c) Propose amendments to this Charter to improve its effective application to current conditions; and (d) Report its findings and present its proposed amendments to the Town Council. The Council shall receive and have published in the Town's official newspaper the Charter Review Commission's final report. It shall consider any recommendations and, if any amendments are presented, may order the amendment or amendments submitted to the voters of the Town. The term of office of Commission shall be six (6) months or longer if extended by the Council and, at the completion of such term, a report of the proceedings of the Commission shall be filed with the Town Secretary and shall become public record. Proposed Wordina Clean: 11.13 Amendment of Charter Amendments to this Charter may be framed and submitted to the voters of the Town in the manner provided by State law. 11.12 Charter Review Commission The Council shall appoint a Charter Review Commission no later than July 2012 and at intervals of not more than four (4) years thereafter. The Commission shall consist of nine (9) qualified voters of the Town. Each council member shall appoint one member to serve on the Charter Review Commission, and remaining members shall be appointed by majority vote of the entire council qualified and serving. The Commission shall review the Town Charter and make Cbarter amendment recommendations, where DRAFT Page 1 of 2 D Hobday 1 W Rose 05/17/08 Rev 2 REF 025 appropriate, that will help protect or enhance the rights, powers and benefits of all Trophy Club residents. It shall be the duty of the Charter Review Commission to: (a) Inquire into the operation of the Town government under the Charter and determine whether any provisions require revision. To this end, public hearings may be held; (b) Propose any recommendations it deems desirable to ensure compliance with this Charter; (c) Propose amendments to this Charter to improve its effective application to current conditions; and (d) Report its findings and present its proposed amendments to the Town Council. The Council shall receive and have published in the Town's official newspaper the Charter Review Commission's final report. It shall consider any recommendations and, if any amendments are presented, may order the amendment or amendments submitted to the voters of the Town. The term of office of Commission shall be six (b) months or Ionger if extended by the Council and, at the completion of such term, a report of the proceedings of the Commission shall be filed with the Town Secretary and shall become public record. DRAFT Page 2 of 2 D Hobday / W Rose 05/17/08 Rev 2 REF 026 Proposed Amendment: Add 1 Councilmember and Three Year Terms Current Wording with Strikethrou2h Bold Changes: 3.01 Number, Selection, Term The Council shall consist of sLN-W seven (7) members, a Mayor and fire (5) sig (6) Councilmembers, elected from the Town at jar -go at -large -by -place in the manner provided in Article V, for a term of twe three (3) years or until their successors have been elected and take office as provided in Article V. Each Councilmember shall be elected to and occupy a place on the Council, such Places being numbered one (1), two (2), three (3), four (4), five (5), and sig (6). Upon adoption of this Charter, all duly elected or appointed members of Council and Mayor shall remain in office until their term of office expires. The office of Place 6 shall be created on the date the Charter becomes effective. 3.02 Qualifications (a) Each person who becomes a candidate for Mayor or Councilmember shall meet the following qualifications: (1) be at least twenty-one (21) years of age on the first day of the form to be filed elate of appointment; filed; (2) be a citizen of the United States; (3) be a qualified voter of the Town; (4) reside and have resided for at least twelve (12) months preceding the election within the corporate limits of the Town; (5) no candidate may file for more than one office or position number per election; and, (6) no employee of the Town shall continue in such position after becoming a candidate for a Town elective office. (b) When any member of the Council no longer possesses all of the qualifications specified in this section, or is convicted of a felony or any offense involving moral turpitude while in office, the office shall immediately and automatically become vacant. The Council shall be the judge of the qualifications of its members in accordance with Section 3.04(b) and for these purposes shall have the power to subpoena witnesses and require the production of records. 3.04 Vacancies, Forfeiture of Office, Filling of Vacancies (a) The office of the Mayor or a Councilmember shall become vacant upon the Mayor or Councilmember's death, resignation, removal from office (in any manner authorized by law), or forfeiture of office. (b) The Mayor or a Councilmember shall forfeit his office if during a term of office, the Mayor or Councilmember: (1) lacks any qualification for the office prescribed by this Charter or by other law; (2) is convicted of a felony crime or is convicted of a crime involving moral turpitude; or, (3) fails to attend three consecutive regular meetings of the Council without being excused by the Council. The Council shall, by an affirmative 314 vote of the entire membership, be the judge in matters involving forfeiture of office by a Councilmember or the Mayor. Forfeiture of office pursuant to this section may be appealed to an appropriate court as provided by law. (u) rte, -:'hen o. a or- 9 varies ae-Gur- at any one time, special election shall be ea]led4rf-Ehe E@kinE}l fal thEi He` r amore available !!BdEr- rhe Tp...,.. mp.12+; � + n_Ge o , fill +r c ic=r$£$i}civriirthe same ffleras described beFein v egul. e7.-.etieiis.uvm,eye r -,i c�r1 i' ecancicrvccarvrithmirz DRAFT Page 3 of 9 W Rose 1 D Hobday 06/02/08 Rev 5 REF 026 met„ rnm day' O f r ....1.... election, the ;nl elect;,,., shall be eafled and e .. l the_regul �#;�I appa��e�pe�e�e-c:cs W, t� Notwithstanding any other- pr-aN4siea ., f tMs Gh.,rrer t., rh e fnem er-ship of the-9'Elui3Gil is reduee.i to loss than F..,,r (4) flye (5 the re,n.. . ,. .,to �3`a� O majeen appeint additional f^ embers to Faisa-the aembnhi,, p t,. r ,.r (4) five (5) The appointtees shall seiwe .,til the ..;t'.,ns ean be_filled at the next re,...ln al T..� eleetien. Edi any other pro Ceuneil is re , dciienal membersto raise ersl}�u-^�es"pp e€riled at he fieki regular c ; ,lcmrTo�inzi@CtfeH (c) If there is a vacancy in the office of Mayor, a new Mayor shall be elected by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. (d) A vacancy in the office of a Councilmember shall be filled by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. If the vacated office is that of Mayor Pro -Tem, the Town Council shall elect a new Mayor Pro -Tem at the next regular meeting. (e) Vacancies filled by special election shall be for the remainder of the term that was vacated. 3.10 Special Meetings The Mayor or any three-() four (4) members of the Council may call special meetings by giving notice to the Town Secretary of the nature of the meeting, the items for consideration, and the proposed date and time of the meeting. The Town Secretary shall notify each member of the Council of the time of such meeting and purpose thereof. Only matters mentioned in the call shall be considered. 3.12 Quorum A majority of the Council, not including the Mayor, shall constitute a quorum to do business. A number less than a quorum may adjourn from time to time and compel the attendance of absent members. Except as otherwise specifically provided herein or as provided by law, theee (3) four (4) Councilmembers, shall constitute a quorum for the purpose of transaction of business and no action of the Council shall be valid or binding unless adopted by the affirmative vote of tl}ree (3) four (4) or more members of the Council, or as required by State law or this Charter. If the Council is reduced to less than three (3a four (4) members on account of vacancies, the remaining members shall constitute a quorum for the sole purpose of calling an election. 3.16 Procedure for Enacting Ordinances and Resolutions; Publications (a) Ordinances and resolutions may be passed at any regular meeting or special meeting called for that purpose provided notice has been given in accordance with the Texas Open Meetings Act. (b) All ordinances, exclusive of emergency ordinances defined by Section 3.17 of this Charter, shall be considered and passed in open meeting of the Council. All persons interested shall have the opportunity to be heard. The Town Attorney shall opine as to legality all ordinances prior to final adoption. Every ordinance, resolution or motion shall require on passage the affirmative vote of tree (3) four (4) or more members of Council present unless more is required by State law. DRAFT Page 2 of 9 W Rase 1 D Hobday 06/02/08 Rev 5 REF 026 (c) The descriptive caption or title of an ordinance that imposes a penalty, fine or forfeiture, and the penalty for violating the ordinance, shall be published at least once in the official newspaper of the Town (d) An ordinance required to be published takes effect when the publication requirement is satisfied, unless the ordinance provides otherwise. An ordinance that is not required to be published takes effect when adopted unless the ordinance provides otherwise. (e) All ordinances and resolutions may be admitted and received in all courts, subject to the rules of evidence and laws of jurisdictions where proof of such ordinances and resolutions are tendered, without further proof. 3.17 Emergency Ordinances The Council may adopt emergency ordinances only to meet public emergencies affecting the life, health, property or the public peace in accordance with State law. In particular, such ordinances shall not levy taxes, grant or renew or extend a franchise or regulate the rate charged by any public utility for its services An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that it shall be plainly designated in the title as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms An emergency ordinance can be adopted with or without amendment or rejected at the meeting at which it was introduced. The affirmative vote of three (3) four (4) members of the Council shall be required for adoption. After adoption the ordinance shall be published as required by law, but may become effective immediately upon enactment. 5.01 Elections The general Town election shall be held annually on a date in accordance with the laws of the State of Texas and as established by Town ordinance, commencing in the year 2-005 2008 at which time officers will be elected to fill those offices which become vacant that year. The Council may, by ordinance, order a special election, fix the time and place for holding same and provide all means for holding such special election. The Mayor and fives six (6) Councilmembers shall be elected and serve in the following manner: (a)- In e0eh ed numbered . two (2) r,,,. neil,.. ember -s an.l a Mayor- shall t.e eleeted-and-in-eaeh even numbered y eaf Three (3) Gouneiline; hers shall be elected; nye Mayo d other-meml3e" Of trte or mz-Allneil shall b$ L}e^«Gcced from the T-E)wn of lwge. f " a came a didate far- Mayor- f!'eeives t e highest number- •,fvalid ..etes by „.al;ed •,cr voters at ie eleetien-shall -bid eleete4, 1.1\GalWidates, " t^ r iri,=lVer—ofva£es to e filled, ...hr-eeeive the Wgqualifiedvotescast voters at t stieshall -bid@GlaFe eleetean (e) Except as -speer- ^a'call pr0i de`l i +a m meet on in the etween two r2\ � candidates, a tial-elled by Goon ;1�e-Getmeil-shall-or er- a SpeGial eleEtiefl Be lass than rh;',. (30days Bar ore than ", (40) days after- rhe r ....1.... eto...;.,,�.,�h'"-z''yB-tie vote na as -betwe'e'n s ch candidates. iF tt,e tie -does r-iietpFevent the filling of e1-;i:e ei� rs�-- icn- cne--speeial elestiexshalle requited. (a) The Mayor shall have a three-year term beginning with the May 2009 election. KRAFT Page 3 of 9 W Rose / D Hobday 06/02/08 Rev 5 REF 026 (b) Councilmembers elected at the May 2009 election shall draw lots to determine Places 1 and 2. Places 1 and 2 shall receive a two-year term at the May 2009 election; thereafter, Places 1, and 2 shall have three year terms. (c) Councilmembers elected at the May 2010 election shall draw Iots to determine Places 3, 4, and 5. Places 3 and 4 shall receive three year terms and Place 5 shall receive a two year term; thereafter, Places 3, 4, and 5 shall have three-year terms (d) The vacancy created by the addition of the office of Place 6 shall be filled by special election within one hundred twenty (i20) days after such vacancy occurs in accordance with the Texas Constitution and the Texas Election Code. The term of Place 6 shall be from and after the special election to be held in accordance with this paragraph until the May 2012 election; thereafter, Places 6 shall have three year terms. (c) The candidate for Mayor who receives a majority of all votes cast for all the candidates for such office at the election shall be declared elected. (f) The candidate for election to each Place on the Council, who receives a majority of all votes cast for all the candidates for such Place at the election, shall be declared elected. (g) In the event any candidate for an office fails to receive a majority of all votes cast for all the candidates for such office at such election, the Town Council shall, upon completion of the official canvass of the ballots, issue a call for a runoff election to be held within thirty (30) days following the issuance of such call, or in accordance with the Texas Election Code. The two (2) candidates receiving the highest number of votes (or three (3) persons in case of tie for second place) for any such office in the first election shall be placed upon the ballot to be voted on in such runoff election; and, in case of a tie vote in the runoff election or in the first election if there are only two (2) candidates, as to the two (2) candidates, the Council shall order subsequent elections in the same manner as the runoff election until the tie vote between the two (2) candidates has been resolved. 5.06 Canvassing and Election Results Returns of every municipal election shall be delivered forthwith by the Election Judges to the Town Secretary with a copy of the returns sent to the Mayor. The Council shall canvass the returns, investigate the qualifications of the candidates and declare the official results of the election in accordance with the Texas Election Code. The results of every municipal election shall be recorded in the minutes of the Council. The qualified person receiving a plurality majority of the votes cast for any office shall thereupon be declared elected by said Council. The decision of the Council, as to qualifications of candidates, shall be conclusive and final for all purposes. 6.01 Scope of Recall Any elected Town official, whet ter eleeted to offiGe by theed veters of e Town or appd-by the ce meil to fill ^ N,aoaB^•', shall be subject to recall and removal from office by the qualified voters of the Town on grounds of incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision of the Charter. 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. DRAFT Page 4 of 9 W Rose / D Hobday 06/02/08 Rev 5 REF 026 (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. (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 to be held on the first uniform election date occurring on or after the 45°i day after the date the election is ordered. (y A Geunealmembeer 1,vhee vessig—s-"eoified in this see-tionmay net -be subsequently`appointed to the GOURG4. 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 plums 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 plwality 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 plur-alib` 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 plumlity 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. Proposed Wording Clean: 3.01 Number, Selection, Term DRAFT Page 5 of 9 W Rose 1 D Hobday 06/02/08 Rev 5 11=90FT11 The Council shall consist of seven (7) members, a Mayor and six (6) Councilmembers, elected from the Town at -large -by -place in the manner provided in Article V, for a term of three (3) years or until their successors have been elected and take office as provided in Article V. Each Councilmember shall be elected to and occupy a place on the Council, such Places being numbered one (1), two (2), three (3), four (4), five (5), and six (6). Upon adoption of this Charter, all duly elected or appointed members of Council and Mayor shall remain in office until their term of office expires. The office of Place 6 shall be created on the date the Charter becomes effective. 3.02 Qualifications (a) Each person who becomes a candidate for Mayor or Councilmember shall meet the following qualifications: (1) be at least twenty-one (21) years of age on the first day of the form to be filed; (2) be a citizen of the United States; (3) be a qualified voter of the Town; (4) reside and have resided for at least twelve (12) months preceding the election within the corporate limits of the Town; (5) no candidate may file for more than one office or position number per election; and, (6) no employee of the Town shall continue in such position after becoming a candidate for a Town elective office. (b) When any member of the Council no longer possesses all of the qualifications specified in this section, or is convicted of a felony or any offense involving moral turpitude while in office, the office shall immediately and automatically become vacant. The Council shall be the judge of the qualifications of its members in accordance with Section 3.04(b) and for these purposes shall have the power to subpoena witnesses and require the production of records. 3.04 Vacancies, Forfeiture of Office, Filling of Vacancies (a) The office of the Mayor or a CounciImember shall become vacant upon the Mayor or Councilmember's death, resignation, removal from office (in any manner authorized by law), or forfeiture of office. (b) The Mayor or a Councilmember shall forfeit his office if during a term of office, the Mayor or Councilmember: (1) lacks any qualification for the office prescribed by this Charter or by other law; (2) is convicted of a felony crime or is convicted of a crime involving moral turpitude; or, (3) fails to attend three consecutive regular meetings of the Council without being excused by the Council. The Council shall, by an affirmative 314 vote of the entire membership, be the judge in matters involving forfeiture of office by a Councilmember or the Mayor. Forfeiture of office pursuant to this section may be appealed to an appropriate court as provided by law, (c) if there is a vacancy in the office of Mayor, a new Mayor shall be elected by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. (d) A vacancy in the office of a Councilmember shall be filled by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. If the vacated office is that of Mayor Pro -Tem, the Town Council shall elect a new Mayor Pro -Tem at the next regular meeting. (e) Vacancies filled by special election shall be for the remainder of the term that was vacated. DRAFT Page 6 of 9 W Rose / D Hobday 06/02/08 Rev 5 REF 026 3.10 Special Meetings The Mayor or four (4) members of the Council may call special meetings by giving notice to the Town Secretary of the nature of the meeting, the items for consideration, and the proposed date and time of the meeting. The Town Secretary shall notify each member of the Council of the time of such meeting and purpose thereof. Only matters mentioned in the call shall be considered. 3.12 Quorum A majority of the Council, not including the Mayor, shall constitute a quorum to do business. A number less than a quorum may adjourn from time to time and compel the attendance of absent members. Except as otherwise specifically provided herein or as provided by law, four (4) Councilmembers, shall constitute a quorum for the purpose of transaction of business and no action of the Council shall be valid or binding unless adopted by the affirmative vote of four (4) or more members of the Council, or as required by State law or this Charter. If the Council is reduced to less than four (4) members on account of vacancies, the remaining members shall constitute a quorum for the sole purpose of calling an election. 3.16 Procedure for Enacting Ordinances and Resolutions; Publications (a) Ordinances and resolutions may be passed at any regular meeting or special meeting called for that purpose provided notice has been given in accordance with the Texas Open Meetings Act. (b) All ordinances, exclusive of emergency ordinances defined by Section 3.17 of this Charter, shall be considered and passed in open meeting of the Council. All persons interested shall have the opportunity to be heard. The Town Attorney shall opine as to legality all ordinances prior to final adoption. Every ordinance, resolution or motion shall require on passage the affirmative vote of four (4) or more members of Council present unless more is required by State law. (c) The descriptive caption or title of an ordinance that imposes a penalty, fine or forfeiture, and the penalty for violating the ordinance, shall be published at Ieast once in the official newspaper of the Town. (d) An ordinance required to be published takes effect when the publication requirement is satisfied, unless the ordinance provides otherwise. An ordinance that is not required to be published takes effect when adopted unless the ordinance provides otherwise. (e) All ordinances and resolutions may be admitted and received in all courts, subject to the rules of evidence and laws of jurisdictions where proof of such ordinances and resolutions are tendered, without further proof. 3.17 Emergency Ordinances The Council may adopt emergency ordinances only to meet public emergencies affecting the life, health, property or the public peace in accordance with State law. In particular, such ordinances shall not levy taxes, grant or renew or extend a franchise or regulate the rate charged by any public utility for its services. An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that it shall be plainly designated in the title as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terns. An emergency ordinance can be adopted with or without amendment or rejected at the meeting at which it was introduced. The affirmative vote of four (4) members of the Council shall be required for adoption. After adoption the ordinance shall be published as required by law, but may become effective immediately upon enactment. 5.01 Elections DRAFT Page 7 of 9 W Rose / D Hobday 06/02/08 Rev 5 REF 026 The general Town election shall be held annually on a date in accordance with the laws of the State of Texas and as established by Town ordinance, commencing in the year 2008, at which time officers will be elected to fill those offices which become vacant that year. The Council may, by ordinance, order a special election, fix the time and place for holding same and provide all means for holding such special election. The Mayor and six (6) Councilmembers shall be elected and serve in the following manner: (a) The Mayor shall have a three-year term beginning with the May 2009 election. (b) Councilmembers elected at the May 2009 election shall draw lots to determine Places 1 and 2. Places 1 and 2 shall receive a two-year term at the May 2009 election; thereafter, Places 1, and 2 shall have three year terms. (c) Councilmembers elected at the May 2010 election shall draw lots to determine Places 3, 4, and 5. Places 3 and 4 shall receive three year terms and Place 5 shall receive a two year term; thereafter, Places 3, 4, and 5 shall have three-year terms (d) The vacancy created by the addition of the office of Place 6 shall be filled by special election within one hundred twenty (120) days after such vacancy occurs in accordance with the Texas Constitution and the Texas Election Code. The term of Place 6 shall be from and atter the special election to be held in accordance with this paragraph until the May 2012 election; thereafter, Places 6 shall have three year terms. (e) The candidate for Mayor who receives a majority of all votes cast for all the candidates for such office at the election shall be declared elected. (f) The candidate for election to each Place on the Council, who receives a majority of all votes cast for all the candidates for such Place at the election, shall be declared elected. (g) In the event any candidate for an office fails to receive a majority of all votes cast for all the candidates for such office at such election, the Town Council shall, upon completion of the official canvass of the ballots, issue a call for a runoff election to be held within thirty (30) days following the issuance of such call, or in accordance with the Texas Election Code. The two (2) candidates receiving the highest number of votes (or three (3) persons in case of tie for second place) for any such office in the first election shall be placed upon the ballot to be voted on in such runoff election; and, in case of a tie vote in the runoff election or in the first election if there are only two (2) candidates, as to the two (2) candidates, the Council shall order subsequent elections in the same manner as the runoff election until the tie vote between the two (2) candidates has been resolved. 5.06 Canvassing and Election Results Returns of every municipal election shall be delivered forthwith by the Election Judges to the Town Secretary with a copy of the returns sent to the Mayor. The Council shall canvass the returns, investigate the qualifications of the candidates and declare the official results of the election in accordance with the Texas Election Code. The results of every municipal election shall be recorded in the minutes of the Council. The qualified person receiving a majority of the votes cast for any office shall thereupon be declared elected by said Council. The decision of the Council, as to qualifications of candidates, shall be conclusive and final for all purposes. 6.41 Scope of Recall Any elected Town official shall be subject to recall and removal from office by the qualified voters of the Town on grounds of incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision of the Charter. ][DRAFT Page 8 of 9 W Rose / D Hobday 06/02/08 Rev 5 REF 026 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 became vacant. If the incumbent receives a majority of all votes cast at such election, be 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. DRAFT Page 9 of 9 W Rose / D Hobday 06/02/08 Rev 5 REF 027 Proposed Amendment: Add Council Compensation Current Wording with Strikethrough Bold Changes: 3.05 Compensation ensatina; provided, however-, thaey The Council shall determine the compensation of the Mayor and Councilmembers by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of Council members elected at the next regular election. The Mayor and Councilmembers shall be entitled to reimbursement of any necessary expenses incurred in the performance of their official duties, when approved by Council or their designee. Proposed Wording Clean: 3.05 Compensation The Council shall determine the compensation of the Mayor and Councilmembers by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of Council members elected at the next regular election. The Mayor and Councilmembers shall be entitled to reimbursement of any necessary expenses incurred in the performance of their official duties, when approved by Council or their designee. Transitional Provisions 12.06 Initial Compensation of Mayor and Councilmembers The Mayor shall receive compensation in the amount of $125 per Council meeting, not to exceed $250 per month; and each Councilmember shall receive compensation in the amount of $100 per Council meeting, not to exceed $200 per month. Such amounts shall remain in effect until changed by the Council in accordance with the provisions of this Charter. Page 1 of 1 W Rose 0611710$ Rev 1 REF 028 Proposed Amendment: Comply with Texas Election Code Current Wordine with Strikethroueh Bold Chans?es: 5.01 Elections (e) Except as specifically provided in this section, in the case of a tie vote as between two (2) or more candidates, a special election shall be called by the Council in accordance with the Texas Election Code. Go it The r.. „cil shall order- a-sp� •,1cc�areleetionatless than (30) danor- moFe th f (4 0) days after- the regular election to _ -see e 4he tie vote as between -susleandidates If the tie does not prevent the filling of the vacancies then the special election shall not be required. 6.04 Procedure After Filing Petition for Recall (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. e4eetion ^M eleetionmate oar after the 45'' day ager- the date the eleetion-is ordered 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. �r-sixty (60) days frefia dame election is of erg 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. 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, DRAFT Page 1 of 3 W Rose 06/12/08 REF 028 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 such election shall vote in favor thereon. A special election small 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. first u :f r election date occurring on afier sixty ncm days f.,,.,, +He date the-elee-tien-is ardered. 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. Proposed WordingClean: 5.01 Elections (e) Except as specifically provided in this section, in the case of a tie vote as between two (2) or more candidates, a special election shall be called by the Council in accordance with the Texas Election Code. If the tie does not prevent the filling of the vacancies then the special election shall not be required. 6.04 Procedure After Filing Petition for Recall (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. 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 Iegal 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. DRAFT Page 2 of 3 W Rose 06/12/08 REF 028 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 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. DRAFT Page 3 of 3 W Rose 06/12/08 REF 029 Proposed Amendment: Clarify Appointment Procedure Current Wording with Strikethrough Bold Changes: 4.02 Town Manager - Appointment and Qualifications (a) The Council, by m ri+.. • ote-ofAnd seFving, shall appoint a Town Manager, who shall be the chief administrative officer of the Town. 4.07 Town Secretary The Council, by majeFity vote of the entireGenn61 qualified -and -serer shall appoint a Town Secretary who shall act as the Secretary to the Council and shall hold office at the pleasure of the Council. He shall be entitled to a seat at the Council table at all official meetings. 4.11 Judge of Court The Council, by majerity vsfe f •hle a.,+;.o r..,,„oil qualified and -serving, shall by ordinance appoint one or more Judges of the Municipal Court. A Judge shall be a resident of this state, be a citizen of the United States, a licensed attorney in good standing, licensed to practice in the State of Texas and must have two (2) or more years of experience in practicing law in this state. 4.12 Clerk of the Court The Council, by majorit), vale of a entire -Eeus3eil qualified and sem shall by ordinance provide for the appointment of a Clerk of the Town of Trophy Club Municipal Court of Record and shall also provide for the appointment of such Deputy Clerks as the Council determines appropriate. The Clerk shall keep the records of the Municipal Courts of record, issue process, and generally perform the duties as provided by law and established by Council. The Council may require the Clerk, before entering upon the duties of the office, to execute a good and sufficient surety company bond, in such amount as the Council may demand, payable to the Town and conditioned for the faithful performance of the duties of the office, the premium of such bond to be paid by the Town. The Council shall fix the compensation for the Clerk. The authority to set compensation may be delegated at the discretion of Council. 4.14 Town Attorney --Appointment & Qualifications The Council by majoFity veteof the shall appoint an attorney licensed and in good standing to practice in the State of Texas as the Town Attorney. He shall serve at the discretion of the Council and he shall receive for his services such compensation as may be fixed by the Council. The authority to set compensation may be delegated at the discretion of Council. Proposed Wording Clean: 4.02 Town Manager - Appointment and Qualifications (a) The Council shall appoint a Town Manager, who shall be the chief administrative officer of the Town 4.07 Town Secretary The Council shall appoint a Town Secretary who shall act as the Secretary to the Council and shall hold office at the pleasure of the Council. He shall be entitled to a seat at the Council table at all official meetings. 4.11 Judge of Court The Council shall by ordinance appoint one or more Judges of the Municipal Court. A Judge shall be a resident of this state, be a citizen of the United States, a licensed attorney in good standing, licensed to practice in the State of Texas and must have two (2) or more years of experience in practicing law in this state. ]DRAFT Page 1 oft W Rose 06/10/08 REF 029 4.12 Clerk of the Court The Council shall by ordinance provide for the appointment of a Clerk of the Town of Trophy Club Municipal Court of Record and shall also provide for the appointment of such Deputy Clerks as the Council determines appropriate. The Clerk shall keep the records of the Municipal Courts of record, issue process, and generally perform the duties as provided by law and established by Council. The Council may require the Clerk, before entering upon the duties of the office, to execute a good and sufficient surety company bond, in such amount as the Council may demand, payable to the Town and conditioned for the faithful performance of the duties of the office, the premium of such bond to be paid by the Town. The Council shall fix the compensation for the Clerk. The authority to set compensation may be delegated at the discretion of Council. 4.14 Town Attorney—Appointment & Qualifications The Council shall appoint an attorney licensed and in good standing to practice in the State of Texas as the Town Attorney. He shall serve at the discretion of the Council and he shall receive for his services such compensation as may be fixed by the Council. The authority to set compensation may be delegated at the discretion of Council. DRAFT Page 2 of 2 W Rose 0d/10/08 II.1119117 Proposed Amendment: Code of Ethics and Conduct Current Wording with Strikethrouch Bold Chances: None Proposed Wording Clean: 11.14 Code of Ethics and Conduct; Ethics Commission (a) The Town Council shaIl 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. (b) The Town Council shall establish by ordinance an independent Ethics Commission to administer and enforce the Code of Ethics and Conduct ordinance. No member of the Commission may hold elective or appointed office under the Town or any other government or hold any political party office. Insofar as possible under State law, the Town Council shall authorize the board to issue binding advisory opinions, conduct investigations on its own initiative and on referral or complaint from officials or citizens, subpoena witnesses and documents, refer cases for prosecution, impose administrative fines, and to hire independent counsel. The Town Council shall appropriate sufficient funds to the Ethics Commission to enable it to perform the duties assigned. DRAFT Page 1 of 1 W Rose 06/17/08 Rev 1 REF 031 Proposed Amendment: Budget Process Enhancement Current Wording with Stritr through Bold Changes: 3.06 Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and in case of a tie vote, he shall have a casting vote. He shall sign, after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall present an annual state of the Town message, which shall include setting out needs and goals for the Town. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. 3.08 Powers of the Council All powers of the Town, and the determination of all matters of policy, shall be vested in the Council. Without limitation of the foregoing, and among the other powers that may be exercised by the Council, the following are hereby enumerated for greater certainty: (a) Appoint and remove a Town Manager as hereinafter provided; (b) Adopt the budget of the Tows; Town, and remain fully advised as to the financial condition and future needs of the Town; (c) Authorize the issuance and sale of bonds by a bond ordinance; (d) Develop long term goals for the Town and strategies to implement goals; (d e) Inquire into the conduct of any office, department or agency of the Town and authorize investigations as to municipal affairs; (e f) Provide for such additional boards, commissions and corporations not otherwise provided for in this Charter, as may be deemed necessary, and appoint the members of all such boards, commissions and corporations. Such boards, commissions and corporations shall have all powers and duties now or hereafter conferred and created by this Charter, by Town ordinance or by State Iaw; (€g) Adopt and modify the zoning plan, and a building code, including electrical and plumbing codes, of and for the Town; and to require building permits; (g h) Adopt and modify the official map of the boundaries of the Town and its extraterritorial jurisdiction; (h i) Adopt, modify and carry out plans proposed by the Town Planning and Zoning Commission for the clearance of slum districts and rehabilitation of blighted areas; (f j) Adopt, modify and carry out plans proposed by the Town Planning and Zoning Commission for the replanning, improvement and redevelopment of any area or district which may have been destroyed in whole or in part by disaster; (fi k) Regulate, license and fix the charges or fares made by any person, firm or corporation owning, operating or controlling any vehicle of any character used for the carrying of passengers for hire or the transportation of freight for hire on the public streets and alleys of the Town; DRAFT Page I of 16 B Brewster / L Crosser / R Williams / W Rose 06/17/08 Rev 2 REF 031 (k 1) Provide for the establishment and designation of fire limits, and prescribe the kind and character of buildings or structures or improvements to be erected therein; provide for the erection of fireproof buildings within said limits; provide for the condemnation of dangerous structures, buildings, dilapidated buildings or buildings calculated to increase the fire hazard, and prescribe the manner of their removal or destruction, within said limits; (I m) Provide for a sanitary sewer and water system, and require property owners to connect their premises with sewer system and provide the penalties for failure to make sanitary sewer connections; (m n) Provide for sanitary garbage disposal, and set fees and charges therefor, and provide penalties for failure to pay such fees and charges; define nuisances and to prohibit same, and provide penalties for violations; (a o) Provide for all necessary public utilities and set fees and charges therefor and provide penalties for misuses of same; (e p) Exercise exclusive dominion, control and jurisdiction (including the right to close and abandon streets and alleys) in, upon, over and under the public streets, avenues, sidewalks, alleys, highways, boulevards and public grounds of the Town; provide for the improvement of same as set forth in State law or as determined appropriate by the Council in order to meet a municipal purpose; (p q) Compromise and settle any and all claims, demands and lawsuits, of every kind and character, in favor of, or against, the Town; (q r) Require bonds, both special and general, of such contractors and others constructing or building for the Town as Council determines appropriate, and to set up standards, rules and regulations therefor; (r s) Pass ordinances defining and prohibiting misdemeanors and provide penalties for violations; (s t) Provide and/or arrange for any and all "civil defense measures" and "public shelter measures" for the Town and for the citizens thereof, deemed necessary for the public welfare; (t u) Exercise, or delegate to the Mayor, extraordinary and total executive powers (on a temporary basis) during the existence and duration of any major public disaster, for the public welfare; and, (a v) Name and designate an "Official Newspaper" for the Town and cause only the caption of duly enacted ordinances to be published except as provided otherwise by law. 3-.30 9.09 Audit and Examination of Town Books and Accounts The Council shall cause an independent annual audit to be made of the books and accounts of every department of the Town and may provide for more frequent audits as it deems necessary. Such audit shall be made by a Certified Public Accountant who shall be selected by the Council and who shall have no interest, direct or indirect, in the financial affairs of the Town government or in any of its officers. The Council may designate such accountant or firm annually or for a period not exceeding two (2) years, provided that the designation for any particular year shall be made no later than thirty (30) days atter the beginning of such fiscal year. Nothing herein shall prevent the Council from redesignating the same accountant or firm which has previously been designated to prepare an audit. No Certified Public Accountant shall serve more than six (6) consecutive years. 4.05 Powers and Duties DRAFT Page 2 of 16 B Brewster / L Crosser / R Williams / W Rose 06/17/08 Rev 2 REF 031 The Town Manager shall be the chief administrative officer and head of the administrative branch of the Town. He shall be responsible to the Council for the proper administration of all the affairs of the Town and to that end shall have the power and be required to: (a) Oversee the effective enforcement of all applicable laws and ordinances, implement the directives and policies established by Council and oversee the administration of contracts and franchises to ensure compliance with the terms approved by Council; (b) 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. The Town Manager may authorize any administrative officer subject to the Manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (c) Direct and supervise the administration of all departments; (d) Attend all meetings of the Council, except when excused by the Council. The Town Manager shall have the right to take part in discussion but shall not vote; (e) Prepare a-pr-opesedbudget e l; a r- the budget of the TeAu; prav4de-suc-h-ape pa s r-equiFed by law; and submit the annual budget and capital program to the Town Council, and implement the final budget approved by Council to achieve the goals of the Town; (f) Submit to the Town Council and make available to the public, by end of December, a complete report on the finances and administrative activities of the Town as of the end of each fiscal year, including outcomes and performance related to that fiscal year's goals and provide Cost of Service delivery comparisons for a representative sample of North Texas towns; (g) Keep the Town Council fully advised as to the financial condition and future needs of the Town; (411) Make recommendations to the Council concerning affairs of the Town and facilitate the work of the Council in developing policy; (gi) Provide staff support services for the Mayor and Councilmembers; (j) Assist the Council in developing goals and strategies for the next fiscal period; (k) Assist the Council to develop long term goals for the Town and develop strategies to implement those goals; (hl) Encourage and provide staff support for regional and intergovernmental cooperation; (im) Promote partnerships among Council, Staff and citizens in developing public policy and building a sense of community; (iii) Perform such other duties as may be prescribed by Council, by this Charter, by ordinance or other law; and, (lto) Be the custodian of all municipal records of the Council and recommend to the Council rules and regulations to be adopted by ordinances to protect the safety and security of the municipal records. DRAFT Page 3 of 16 B Brewster / L Crosser I R Williams / W Rose 06/17/08 Rev 2 REF 031 ARTICLE PK BUDGET, FINANCE AND TAXATION 9.01 Fiscal Year The fiscal year of the Town shall begin on the first (1st) day of October and end on the last (30th) day of September of each calendar year. Such fiscal year shall also constitute the budget and accounting year. 9.-93 Aunu"udget The-oper-a III'budget message shall ..1..a the budget ; fir nl to —RR .1 ♦„ o9 l Wiese programs $ gan---at19-al goals and 66 ,, , ,, ,;f ..«. «... !s, for the ensuing fiscal year. It shall 933 e4e-pfoposed finaneial policies ofthe -r..Arn, aB ni,.,ll inel.,de-533chet-her mate -rials, the Town I�Ianager- deems neeessap�. The "L' budget g. �g.,, .,t;. e fie f t et al and _ant . .,red t .,tee Feven es, and otheC ineeme-afid expe d4wes supporting, the prop vsedfiscal budget and n «ed to the etre Hale and expeases, the «er-thmeatinseme and -e" 'a•u-ctt4or= ie next three yeEffs-; fhj-The pFapased-Beals d exppe--dhibaFes e€ea .6-, depa—en., OF-Pane-tiaH, Feassns for pmpased i --eases Ar- deer -eases that . niateril ods to measupeoutc:91nes and PeFfennanee related to e Beals; (e) A sd3edule showing e debt senrice Fequ4efnent d e on all outstanding in tedness aid all any proposed debt; (d) --The source or basis of the estimates shall b"the-f9recast;, (e) The total of the used a endituHs shall not exeead flie elated lege and -tlae ee-af available funds; and, r'Sue er-iaRarmatien as mp�y e required by State law, the Council -or deemed -appropriate by the Town NWagen 9.02 Submission The Town Manager shall submit to the Council a proposed budget and accompanying message before the first day of August of each year. 9.03 Budget Message The Town Manager's message shall explain the budget both in fiscal terms and in terms of the work programs„ linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the Town for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the Town's debt position, including factors affecting the ability to raise resources through debt issues, and include such other material as the Town Manager deems desirable. 9.04 Budget The budget shall provide a complete financial plan of all Town funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the Town Manager DRAFT Page 4of16 B Brewster / L Crosser / R Williams / W Rose 06/17/08 Rev 2 REF 031 deems desirable or the Council may require for effective management and an understanding of the relationship between the budget and the Town's strategic goals. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income citing the source or basis of the estimates, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the three prior fiscal years and the projected budgets for the next three fiscal years; the total of the proposed expenditures shall not exceed the total estimated income and the balance of available funds. The budget shall indicate in separate sections: (1) The proposed goals and expenditures for current operations during the ensuing fiscal year, detailed for each fund by department or by other organization unit, and program, purpose or activity, method of financing such expenditures, and methods to measure outcomes and performance related to the goals; (2) Proposed longer term goals and capital expenditures during the ensuing fiscal year, detailed for each fund by department or by other organization unit when practicable, the proposed method of financing each such capital expenditure, and methods to measure outcomes and performance related to the goals; and (3) The proposed goals, anticipated income and expense, profit and loss for the ensuing year for each utility or other enterprise fund or internal service fund operated by the Town, and methods to measure outcomes and performance related to the goals. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance exclusive of reserves. 9.05 Council Action on Budget (a) Budget Preparation. The Council shall provide to the Town Manager goals for the next fiscal period, by the end of January of the current fiscal year. (b) Notice and Hearing. The Council shall review the proposed budget and revise it as deemed appropriate prior to general circulation for public hearing. The Council shall publish the general summary of the budget and a notice stating: (1) The times and places where copies of the message and budget are available for inspection by the public, and (2) The time and place, not less than two weeks after such publication, for public hearings on the budget. (c) Amendment Before Adoption. After the public hearing, the Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for an estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than total estimated income plus the balance of available funds. (d) Adoption. The Council shall adopt the budget by ordinance not later than the 30th day of September. Adoption of the budget shall constitute appropriations of the amount specified as expenditures from the fund indicated. (e) Failure to Adopt a Budget. If the Council fails to adopt the budget by the beginning of the fiscal year, the amounts appropriated for the current fiscal year shall be deemed adopted for the ensuing fiscal year until the Council adopts a budget for the ensuing fiscal year. (1) "Publish" defined. As used in this article, the term "publish" means to print in the contemporary means of information sharing, which includes but is not limited to, one or more newspapers of general circulation in the Town, and, if available, in a web site. DRAFT Page 5 of 16 B Brewster / L Crosser / R Williams / W Rose 06/17/08 Rev 2 RE 031 9.06 Amendments after Adoption (a) Supplemental Appropriations. If during or before the fiscal year the Town Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council by ordinance may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To address a public emergency affecting life, health, property or the public peace, the Council may make emergency appropriations. Such appropriations may be made by emergency ordinance. To the extent that there are no available unappropriated revenues or a sufficient fund balance to meet such appropriations, the Council may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid or refinanced as long term debt not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. (c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the Town Manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the Town Manager shall report to the Council without delay, indicating the estimated amount of the deficit, any remedial action taken by the Town Manager and recommendations as to any other steps to be taken. The Council shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may by ordinance reduce or eliminate one or more appropriations. (d) Transfer of Appropriations. At any time during or before the fiscal year, the Council may by resolution transfer part or all of the unencumbered appropriation balance from one department, fund, service, strategy or organizational unit to the appropriation for other departments or organizational units or a new appropriation. The Town Manager may transfer funds among programs within a department, fund, service, strategy or organizational unit and shall report such transfers to the Council in writing in a timely manner. (e) Limitation. No appropriation for debt service may be reduced or transferred, except to the extent that the debt is refinanced and less debt service is required, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof (i) Effective Date. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. 9.07 Administration and Fiduciary Oversight of the Budget The Council shall provide by ordinance the procedures for administration and fiduciary oversight of the budges. 9.03-Eapital-Faeilities-andPrepeFq -Budget Re+ON"Managar shall pose annually a five• l5! j'•^..'.: Capital Facilities and fte erJy budget, t, .,,1,i.,1. may -be fevised and extended eto indivate eapital pr-ovemengeedb g or- in pr-aeess e€ const-FueLien or acquisttion, and which shall revs e repnse"f a,fams; aswid p r -"ase' to b deftaken tr ilk@A� DRAFT Page 6 of 16 B Brewster I L Crosser / R Williams / W Rose 06/17/08 Rev 2 REF 031 r,.. Cast esti ,a4e ,.ie ,dean edule5-f$r gash sue ravan3en � the estimated effeet an the ta�E levy; d-, OpeFatiEg and makitaining e faeilities to be eenstrusted end aver- the verthe five (5) year ^eried. 9.08 Capital Program (a) Submission to Council. The Town Manager shall prepare and submit to the Council a five (5) year capital program no later than three months before the final date for submission of the budget. The capital program shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. (b) Contents. The capital program shall include: (1) A clear general summary of its contents; (Z) Identification of the long-term goals of the community as identified by the Council; (3) A list of all capital improvements (facilities and property) and other capital expenditures which are proposed to be undertaken during the five (5) rascal years next ensuing, with appropriate supporting information as to the necessity for each; (4) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (5) Method of financing upon which each capital expenditure is to be reliant; (6) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired; (7) A commentary on how the plan addresses the sustainability of the community and the region of which it is a part; and (8) Methods to measure outcomes and performance of the capital plan related to the Iong-term goals of the community. 3:30 9.09 Audit and Examination of Town Books and Accounts The Council shall cause an independent annual audit to be made of the books and accounts of every department of the Town and may provide for more frequent audits as it deems necessary. Such audit shall be made by a Certified Public Accountant who shall be selected by the Council and who shall have no interest, direct or indirect, in the financial affairs of the Town government or in any of its officers. The Council may designate such accountant or firm annually or for a period not exceeding two (2) years, provided that the designation for any particular year shall be made no later than thirty (30) days after the beginning of such fiscal year. Nothing herein shall prevent the Council from redesignating the same accountant or firm which has previously been designated to prepare an audit. No Certified Public Accountant shall serve more than six (6) consecutive years. 9.04- Submission t The T,,,..., l�,r....ager- shall submit to the r..0iE 1 a proposed -bud et and a •. MessElge b8fbve the first day L, e Gotmeil • hall ' riow PFOPC352tY Litt get and favise it • ., lea med �p13r$I31ate pr-ier-to-abl enera eua#ien f ,.....b! EM-- o• 9.^�blie-N%tice-and4lear-ing 4e, I-shal esE-in-the Nitin cipal Buildingand-publish inth� �ffleial Hewspaper-as regtir-ed-by State law prior. to any required publio a an the b Opt a fietiee stating the timrmn_.,nd place where eepies ..r the inessage and budget are availabe feF4ffipeetien by -the e, and the time a plaee ofeaeh-pW3,l e hearing. DRAFT Page 7 of 16 B Brewster / L Crosser / R Williams / W Rose 06/17/08 Rev 2 REF 031 9-06-Amendinent-13efore Adepfieo The Council may adept the l,udge+„ n ifih rift,..,.* . ...-.. eHt at n .-epla . OF -special eeting. In b amending the budg it m add „yprogramser-amend m r delete r d..... r- feF debt sepvice or- for- estimated cash d ei*- pl6i'lded that ne aHlendmerA t9t—he budget shall iIi eH vat b ccaier- • eeR.o plus the balance of available funds. n•n�eption The Council, b majer-ib, oto shall adept the budget by e Septemer: Adeption of the budget ec-iced as expenditures €rem thefund i dieated. 9M. 9.10 Defect Shall Not Invalidate Tag Levy Errors or defects in the form or preparation of the budget or the failure to perform any procedural requirements shall not nullify the tax levy or the tax rate. 9:99 Failure to Adapts -Budget Elie -Ge "e budget by eginaing f_the Piss year� the eu*t&-appFepl7ated f$F-the cuffent fiscal year shall -be -deemed adepted-fer-e-ensuin , fiss l year until the Couneg-adepts-"udgetw theme '�seal-year: 9.4-0 9.11 Public Records Copies of the approved operation budget, capital facilities and property budget and supporting papers shall be filed with the 'Town Secretary and shall be public records available to the public for inspection upon request. 9419.12 Specified Reserve Fund Specified reserve funds may be created for specific purposes, and may be used only for such purposes. 942 9.13 Changes in Budget The Council may make changes in the budget for any municipal purpose or as otherwise permitted by Iaw. 9,13 Emcrgenzy-Approp iatiens q=e-mee"- pubfle-emer=eneyereate ea4h, pFepe ease;-aeras-other;ns�the ed by l r,+h`yeil m make emerge appr-epFiatiens, and may authaAze the issua se of efne-debt ar-ates: 9.14 Red, i n -or A - mpriatiens Nat", time g the f4senl year it appears pre Manager- that e :n be f� nt tmr eet theto the 'l M,itflaUt 7�dieatin� the estimated amoHntef the of~nit�ny Femedial -actions taken by 1,i 1 hi«nre�le The nn,, ,sil hall th take s oh eFaetie&,as4t-dee eeessa y to pFa ent-e - A ps-te-be-tsilceFi�xxc�vzrncra�narr-u�crrzaxxc-amu 9.1x_5_T�_�ra..sfer-or A „prepriAons DRAFT Page 8of16 B Brewster I L Crosser / R Williams / W Rose 06/17/08 Rev 2 REF 031 At aF*44fle dt Tb g the fiscal year- +l e Town �,r.�x may4 s for- eneumbered app .iati ,,. 1,.,,.,nce , tr ee and transfer- pai4 or all of any encumbered appmpi4atiea bal ce 4@Fa one dep etiN office^opnay4a-analhen 'r�e TwAn Manager- 946-Lunitahons No appFapF4 i9n-f6r-debt sen i6e FFiay-be redllGEd eF tMSfeHedrandng apprep is jen-m,--j-be-r-edueed belew arty amount required 3law to be�pp. , .; «e l .,r by mere than aftleunt ofthe eneumber2d balCmee thereof.-- 9-17 thereo9.17 E ee&e Dale The supplemental an ac apprepriatiens awe zed by this seetion may be made effective immediately upon adeptien of theme t -amendments. 91,8 9.14 Authority to Incur Indebtedness The Council shall have the power to incur, create, refund and refinance indebtedness and borrow money for public purposes, to issue special or general obligation bonds, revenue bonds, funding and refunding bonds, time warrants, certificates of obligation and other evidences of indebtedness and to secure and pay the same in the manner and in accordance with the procedures provided and required by State law. 949 9.15 Bonds Incontestable All bonds of the Town having been issued and sold and having been delivered to the purchaser thereof, shall thereafter be incontestable and all bonds issued to refund in exchange for outstanding bonds previously issued shall and after said exchange be incontestable. 920 9.16 Borrowing in Anticipation of Property Tag In any budget year, the Council may, by resolution, authorize the borrowing of money in anticipation of the collection of the property tax for the same year whether levied or to be levied. Notes may be issued for periods not exceeding one (1) year and must be retired by the end of the budget year in which issued. 9-.24 9.17 Use of Bond Funds Any and all bond funds approved by a vote of the qualified voter of the Town will be expended only for the purposes stated in the bond issue and as otherwise authorized by law. 9-3 918 Power to Tax The Council shall have the power to levy, assess and collect taxes within the jurisdiction of the Town for any municipal purpose. 943 9.19 Tag Rate The tax rate shall be calculated, publicized and adopted in accordance with State law. 9-.24 9.20 Other Rules and Regulations Except as otherwise provided by law or this Charter, the Council shall have the power to provide by ordinance or resolution such rules, regulations and mode of procedure to enforce and facilitate the collection by and payment to the Tax Assessor and Collector of all taxes due the Town as it may deem expedient, and may provide such penalty and interest as prescribed by State law for the failure to pay such DRAFT Page 9 of 16 B Brewster / L Crosser / R Williams / W Rose 06/17/08 Rev 2 REF 031 taxes. Proposed WordinLr Clean: 3.06 Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and in case of a tie vote, he shall have a casting vote. He shall sign, after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall present an annual state of the Town message, which shall include setting out needs and goals for the Town. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. 3.08 Powers of the Council All powers of the Town, and the determination of all matters of policy, shall be vested in the Council. Without limitation of the foregoing, and among the other powers that may be exercised by the Council, the following are hereby enumerated for greater certainty: (a) Appoint and remove a Town Manager as hereinafter provided; (b) Adopt the budget of the Town, and remain fully advised as to the financial condition and future needs of the Town; (c) Authorize the issuance and sale of bonds by a bond ordinance; (d) Develop long term goals for the Town and strategies to implement goals; (e) Inquire into the conduct of any office, department or agency of the Town and authorize investigations as to municipal affairs; (f) Provide for such additional boards, commissions and corporations not otherwise provided for in this Charter, as may be deemed necessary, and appoint the members of all such boards, commissions and corporations. Such boards, commissions and corporations shall have all powers and duties now or hereafter conferred and created by this Charter, by Town ordinance or by State law; (g) Adopt and modify the zoning plan, and a building code, including electrical and plumbing codes, of and for the Town; and to require building permits; (h) Adopt and modify the official map of the boundaries of the Town and its extraterritorial jurisdiction; (i) Adopt, modify and carry out plans proposed by the Town Planning and Zoning Commission for the clearance of slum districts and rehabilitation of blighted areas; 0) Adopt, modify and carry out plans proposed by the Town Planning and Zoning Commission for the replanning, improvement and redevelopment of any area or district which may have been destroyed in whole or in part by disaster; DRAFT Page 10 of 16 B Brewster / L Crosser / R Williams / W Rose 06/17/08 Rev 2 REF 031 (k) Regulate, license and fix the charges or fares made by any person, firm or corporation owning, operating or controlling any vehicle of any character used for the carrying of passengers for hire or the transportation of freight for hire on the public streets and alleys of the Town; (1) Provide for the establishment and designation of fire limits, and prescribe the kind and character of buildings or structures or improvements to be erected therein; provide for the erection of fireproof buildings within said limits; provide for the condemnation of dangerous structures, buildings, dilapidated buildings or buildings calculated to increase the fire hazard, and prescribe the manner of their removal or destruction, within said limits; (m) Provide for a sanitary sewer and water system, and require property owners to connect their premises with sewer system and provide the penalties for failure to make sanitary sewer connections; (n) Provide for sanitary garbage disposal, and set fees and charges therefor, and provide penalties for failure to pay such fees and charges; define nuisances and to prohibit same, and provide penalties for violations; (o) Provide for all necessary public utilities and set fees and charges therefor and provide penalties for misuses of same; (p) Exercise exclusive dominion, control and jurisdiction (including the right to close and abandon streets and alleys) in, upon, over and under the public streets, avenues, sidewalks, alleys, highways, boulevards and public grounds of the Town; provide for the improvement of same as set forth in State law or as determined appropriate by the Council in order to meet a municipal purpose; (q) Compromise and settle any and all claims, demands and lawsuits, of every kind and character, in favor of, or against, the Town; (r) Require bonds, both special and general, of such contractors and others constructing or building for the Town as Council determines appropriate, and to set up standards, rules and regulations therefor; (s) Pass ordinances defining and prohibiting misdemeanors and provide penalties for violations; (t) Provide and/or arrange for any and all "civil defense measures" and "public shelter measures" for the Town and for the citizens thereof, deemed necessary for the public welfare; (u) Exercise, or delegate to the Mayor, extraordinary and total executive powers (on a temporary basis) during the existence and duration of any major public disaster, for the public welfare; and, (v) Name and designate an "Official Newspaper" for the Town and cause only the caption of duly enacted ordinances to be published except as provided otherwise by law. . 4.05 Powers and Duties The Town Manager shall be the chief administrative officer and head of the administrative branch of the Town. He shall be responsible to the Council for the proper administration of all the affairs of the Town and to that end shall have the power and be required to: (a) Oversee the effective enforcement of all applicable laws and ordinances, implement the directives and policies established by Council and oversee the administration of contracts and franchises to ensure compliance with the terms approved by Council; (b) 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. The Town Manager may DRAFT Page 11 of 16 B Brewster / L Crosser / R Williams / W Rose 06/17/08 Rev 2 REF 031 authorize any administrative officer subject to the Manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (c) Direct and supervise the administration of all departments; (d) Attend all meetings of the Council, except when excused by the Council. The Town Manager shall have the right to take part in discussion but shall not vote; (e) Prepare and submit the annual budget and capital program to the Town Council, and implement the final budget approved by Council to achieve the goals of the Town; (f) Submit to the Town Council and make available to the public, by end of December, a complete report on the finances and administrative activities of the Town as of the end of each fiscal year, including outcomes and performance related to that fiscal year's goals and provide Cost of Service delivery comparisons for a representative sample of North Texas towns; (g) Keep the Town Council fully advised as to the financial condition and future needs of the Town; (h) Make recommendations to the Council concerning affairs of the Town and facilitate the work of the Council in developing policy; (i) Provide staff support services for the Mayor and Councihnembers; 0) Assist the Council in developing goals and strategies for the next fiscal period; (k) Assist the Council to develop long term goals for the Town and develop strategies to implement those goals; (1) Encourage and provide staff support for regional and intergovernmental cooperation; (m) Promote partnerships among Council, Staff and citizens in developing public policy and building a sense of community; (n) Perform such other duties as may be prescribed by Council, by this Charter, by ordinance or other law; and, (o) Be the custodian of all municipal records of the Council and recommend to the Council rules and regulations to be adopted by ordinances to protect the safety and security of the municipal records. ARTICLE IX BUDGET, FINANCE AND TAXATION 9.01 Fiscal Year The fiscal year of the Town shall begin on the first (1st) day of October and end on the last (30th) day of September of each calendar year. Such fiscal year shall also constitute the budget and accounting year, 9.02 Submission The Town Manager shall submit to the Council a proposed budget and accompanying message before the first day of August of each year. 9.03 Budget Message The Town Manager's message shall explain the budget both in fiscal terms and in terms of the work DRAFT Page 12 of 16 B Brewster / L Crosser / R Williams / W Rose 46/17/08 Rev 2 REF 031 programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the Town for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the Town's debt position, including factors affecting the ability to raise resources through debt issues, and include such other material as the Town Manager deems desirable. 9.04 Budget The budget shall provide a complete financial plan of all Town funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the Town Manager deems desirable or the Council may require for effective management and an understanding of the relationship between the budget and the Town's strategic goals. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income citing the source or basis of the estimates, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the three prior fiscal years and the projected budgets for the next three fiscal years; the total of the proposed expenditures shall not exceed the total estimated income and the balance of available funds. The budget shall indicate in separate sections: (1) The proposed goals and expenditures for current operations during the ensuing fiscal year, detailed for each fund by department or by other organization unit, and program, purpose or activity, method of financing such expenditures, and methods to measure outcomes and performance related to the goals; (2) Proposed longer term goals and capital expenditures during the ensuing fiscal year, detailed for each fund by department or by other organization unit when practicable, the proposed method of financing each such capital expenditure, and methods to measure outcomes and performance related to the goals; and (3) The proposed goals, anticipated income and expense, profit and loss for the ensuing year for each utility or other enterprise fiord or internal service fund operated by the Town, and methods to measure outcomes and performance related to the goals. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance exclusive of reserves. 9.05 Council Action on Budget (a) Budget Preparation. The Council shall provide to the Town Manager goals for the next fiscal period, by the end of January of the current fiscal year. (b) Notice and Hearing. The Council shall review the proposed budget and revise it as deemed appropriate prior to general circulation for public hearing. The Council shall publish the general summary of the budget and a notice stating: (1) The times and places where copies of the message and budget are available for inspection by the public, and (2) The time and place, not less than two weeks after such publication, for public hearings on the budget. (c) Amendment Before Adoption. After the public hearing, the Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for an estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than total estimated income plus the balance of available funds. (d) Adoption. The Council shall adopt the budget by ordinance not later than the 30th day of September. Adoption of the budget shall constitute appropriations of the amount specified as expenditures from the fund indicated. DRAFT Page 13 of 16 B Brewster / L Crosser / R Williams I W Rose 06/17/08 Rev 2 REF 031 (e) Failure to Adopt a Budget. If the Council fails to adopt the budget by the beginning of the fiscal year, the amounts appropriated for the current fiscal year shall be deemed adopted for the ensuing fiscal year until the Council adopts a budget for the ensuing fiscal year. (0 "Publish" defined. As used in this article, the term "publish" means to print in the contemporary means of information sharing, which includes but is not limited to, one or more newspapers of general circulation in the Town, and, if available, in a web site. 9.06 Amendments after Adoption (a) Supplemental Appropriations. If during or before the fiscal year the Town Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council by ordinance may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To address a public emergency affecting life, health, property or the public peace, the Council may make emergency appropriations. Such appropriations may be made by emergency ordinance. To the extent that there are no available unappropriated revenues or a sufficient fund balance to meet such appropriations, the Council may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid or refinanced as long term debt not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. (c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the Town Manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the Town Manager shall report to the Council without delay, indicating the estimated amount of the deficit, any remedial action taken by the Town Manager and recommendations as to any other steps to be taken. The Council shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may by ordinance reduce or eliminate one or more appropriations. (d) Transfer of Appropriations. At any time during or before the fiscal year, the Council may by resolution transfer part or all of the unencumbered appropriation balance from one department, fund, service, strategy or organizational unit to the appropriation for other departments or organizational units or a new appropriation. The Town Manager may transfer funds among programs within a department, fund, service, strategy or organizational unit and shall report such transfers to the Council in writing in a timely manner. (e) Limitation. No appropriation for debt service may be reduced or transferred, except to the extent that the debt is refinanced and less debt service is required, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof (0 Effective Date. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. 9.07 Administration and Fiduciary Oversight of the Budget The Council shall provide by ordinance the procedures for administration and fiduciary oversight of the budget. 9.08 Capital Program (a) Submission to Council. The Town Manager shall prepare and submit to the Council a five (5) year capital program no later than three months before the final date for submission of the budget. The capital program shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. DRAFT Page 14 of 16 B Brewster / L Crosser / R Williams / W Rose 06/17/08 Rev 2 REF 031 (b) Contents. The capital program shall include: (1) A clear general summary of its contents; (2) Identification of the long-term goals of the community as identified by the Council; (3) A Iist of all capital improvements (facilities and property) and other capital expenditures which are proposed to be undertaken during the five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for each; (4) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (5) Method of financing upon which each capital expenditure is to be reliant; (6) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired; (7) A commentary on how the plan addresses the sustainability of the community and the region of which it is a part; and (8) Methods to measure outcomes and performance of the capital plan related to the long-term goals of the community. 9.09 Audit and Examination of Town Books and Accounts The Council shall cause an independent annual audit to be made of the books and accounts of every department of the Town and may provide for more frequent audits as it deems necessary. Such audit shall be made by a Certified Public Accountant who shall be selected by the Council and who shall have no interest, direct or indirect, in the financial affairs of the Town government or in any of its officers. The Council may designate such accountant or firm annually or for a period not exceeding two (2) years, provided that the designation for any particular year shall be made no later than thirty (30) days after the beginning of such fiscal year. Nothing herein shall prevent the Council from redesignating the same accountant or firm which has previously been designated to prepare an audit. No Certified Public Accountant shall serve more than six (6) consecutive years. 9.10 Defect Shall Not Invalidate Tax Levy Errors or defects in the form or preparation of the budget or the failure to perform any procedural requirements shall not nullify the tax levy or the tax rate. 9.11 Public Records Copies of the approved operation budget, capital facilities and property budget and supporting papers shall be filed with the Town Secretary and shall be public records available to the public for inspection upon request. 9.12 Specified Reserve Fund Specified reserve funds may be created for specific purposes, and may be used only for such purposes. 9.13 Changes in Budget The Council may make changes in the budget for any municipal purpose or as otherwise permitted by law. 9.14 Authority to Incur Indebtedness The Council shall have the power to incur, create, refund and refinance indebtedness and borrow money for public purposes, to issue special or general obligation bonds, revenue bonds, funding and refunding bonds, time warrants, certificates of obligation and other evidences of indebtedness and to secure and pay the same in the manner and in accordance with the procedures provided and required by State law. DRAFT Page 15 of 16 B Brewster / L Crosser / R Williams / W Rose 06/17/08 Rev 2 REF 031 9.15 Bonds Incontestable All bonds of the Town having been issued and sold and having been delivered to the purchaser thereof, shall thereafter be incontestable and all bonds issued to refund in exchange for outstanding bonds previously issued shall and after said exchange be incontestable. 9.16 Borrowing in Anticipation of Property Tax In any budget year, the Council may, by resolution, authorize the borrowing of money in anticipation of the collection of the property tax for the same year whether levied or to be levied. Notes may be issued for periods not exceeding one (1) year and must be retired by the end of the budget year in which issued. 9.17 Use of Bond Funds Any and all bond funds approved by a vote of the qualified voter of the Town will be expended only for the purposes stated in the bond issue and as otherwise authorized by law. 9.18 Power to Tax The Council shall have the power to levy, assess and collect taxes within the jurisdiction of the Town for any municipal purpose. 919 Tax Rate The tax rate shall be calculated, publicized and adopted in accordance with State law. 9.20 Other Rules And Regulations Except as otherwise provided by law or this Charter, the Council shall have the power to provide by ordinance or resolution such rules, regulations and mode of procedure to enforce and facilitate the collection by and payment to the Tax Assessor and Collector of all taxes due the Town as it may deem expedient, and may provide such penalty and interest as prescribed by State law for the failure to pay such taxes. In. t7:�IIl Page 16 of 16 B Brewster / L Crosser / R Williams / W Rose 06/17/08 Rev 2 REF 032 Proposed Amendment: Franchise term Current Wording with 5trikethrou h Bold Changes: 10.03 Power to Grant Franchise The Council shall have the power by ordinance, after public hearing, to grant, renew, and extend all franchises of every character operating within the Town and to amend the same, provided, however, that no franchise shall be granted for an indeterminate term. teFm an�'�nt-ne frane,;;P- Snal"e granted f " ^ ra� exceeding t my (en) th;- -, "0" years f..,m the date e€the ., „t Fenewal . ex-tension—No grant or franchise to construct, maintain, or operate and no renewal or extension of such grant shall be exclusive. All required publication costs shall be paid by the franchisee. Proposed Wording „Clean: 10.03 Power to Grant Franchise The Council shall have the power by ordinance, after public hearing, to grant, renew, and extend all franchises of every character operating within the Town and to amend the same, provided, however, that no franchise shall be granted for an indeterminate term. No grant or franchise to construct, maintain, or operate and no renewal or extension of such grant shall be exclusive. All required publication costs shall be paid by the franchisee. DRAFT Page 1 of 1 R Williams 06/17/05 Rev 1