Agenda Packet 01/13/2020Charter Review Commission
Town of Trophy Club
Meeting Agenda
1 Trophy Wood Drive
Trophy Club, Texas 76262
Council Chambers7:00 PMMonday, January 13, 2020
CALL TO ORDER AND ANNOUNCE A QUORUM
CITIZEN PRESENTATIONS
Citizens are allowed four (4) minutes to address the Commission regarding an item over
which the Commission has policy or oversight authority as provided by Texas law, the
ethics order, or other policy order.
REGULAR SESSION
1.2019-669-T Consider and take appropriate action regarding the December 9, 2019 Charter Review
Commission Minutes.
Draft Charter Review Commission Minutes December 9, 2019.pdfAttachments:
2.2019-670-T Consider and take appropriate action regarding the December 16, 2019 Charter Review
Commission Minutes.
Draft Charter Review Commission Minutes December 16, 2019.pdfAttachments:
3.2019-665-T Discussion of and take appropriate action regarding previous business:
·Article I - Form of Government & Boundaries
·Article II - Powers of the Town
·Article III - The Council
·Article IV - Administrative Services
·Article V - Nominations and Elections
·Article VI - Recall
·Article VII - Legislation By The People, Initiative and Referendum
·Article VIII - Municipal Planning and Zoning
·Article IX - Budget, Finance and Taxation
·Article X - Franchise and Public Utilities
·Article XI - General Provisions
·Article XII - Transitional Provisions
Town of Trophy Club Home Rule Charter.pdfAttachments:
4.2019-672-T Consider and take appropriate regarding the preparation of the Charter Review Final
Report.
5.2019-666-T Discussion of and take appropriate action regarding future agendas.
Charter Review Commission Page 1 of 77 Meeting Date: January 13, 2020
January 13, 2020Charter Review Commission Meeting Agenda
6.2019-667-T Recap of motions passed in prior meetings.
Staff Report - Recap of Motions Passed.pdf
Staff Report - Tally Sheet.pdf
Attachments:
ADJOURN
*THE COMMISSION MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS
POSTED ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS
LOCAL GOVERNMENT CODE 551.071.
Notice is hereby given that a quorum of the Town Council may be in attendance at
this meeting.
CERTIFICATION
I certify that the above notice was posted on the bulletin board at Trophy Club Town
Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on January 10, 2020 by 5:00 p.m. in
accordance with Chapter 551, Texas Government Code.
Holly Fimbres
Town Secretary/RMO
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-237-2900, 48 hours in
advance and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this
Commission was removed by me from the bulletin board at Trophy Club Town Hall, 1
Trophy Wood Drive, Trophy Club, Texas, on the __________ day of
______________________, 2020.
________________________________, Title: ___________________________
Charter Review Commission Page 2 of 77 Meeting Date: January 13, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12019-669-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/2/2020 Charter Review Commission
On agenda:Final action:1/13/2020
Title:Consider and take appropriate action regarding the December 9, 2019 Charter Review Commission
Minutes.
Attachments:Draft Charter Review Commission Minutes December 9, 2019.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the December 9, 2019 Charter Review Commission Minutes.
Charter Review Commission Page 3 of 77 Meeting Date: January 13, 2020
DRAFTTOWN OF TROPHY CLUB
CHARTER REVIEW COMMISSION MINUTES
MONDAY, DECEMBER 9, 2019 7:00 P.M.
LOCATION: 1 TROPHY WOOD DRIVE, TROPHY CLUB, TEXAS
COUNCIL CHAMBERS
The Charter Review Commission of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
December 9, 2019. The meeting was held within the boundaries of the Town and was open to the public.
CHARTER REVIEW COMMISSIONERS PRESENT:
Dennis Sheridan Chairperson, Place 3
Rhylan Rowe Vice Chairperson, Place 5 arrived at 7:33 p.m.
Dave Edstrom Commissioner, Place 1
Timothy Patterson Commissioner, Place 2 arrived at 7:30 p.m.
Kevin Carr Commissioner, Place 6
Louis Opipare Commissioner, Place 7
Jared King Commissioner, Place 9
CHARTER REVIEW COMMISSIONERS ABSENT:
Bruce Dale Commissioner, Place 4
Danny Mayer Commissioner, Place 8
COUNCIL AND STAFF PRESENT:
Wade Carroll Assistant Town Manager
David Dodd Town Attorney
Holly Fimbres Town Secretary/RMO
Chairperson Sheridan announced the date of December 9, 2019, called the Charter Review Commission to order
and announced a quorum at 7:00 p.m.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Commission on any matter whether or not it is posted on the
agenda. The Commission is not permitted to take action on or discuss any presentations made to the Commission
at this time concerning an item not listed on the agenda. The Commission will hear presentations on specific
agenda items prior to the Commission addressing those items.
There were no citizen presentations.
1. Consider and take appropriate action regarding the November 18, 2019 Charter Review Commission
Minutes.
Motion:
Motion made by Commissioner Opipare, seconded by Commissioner Carr, to approve the November 18, 2019
Charter Review Commission minutes.
Motion carried unanimously 5-0-0.
2. Discussion of and take appropriate action regarding Article IX, Budget, Finance and Taxation, of the Town of
Trophy Club Charter.
Assistant Town Manager Carroll stated that Staff reviewed Article IX and had no recommended changes.
Charter Review Commission Page 4 of 77 Meeting Date: January 13, 2020
DRAFTCharter Review Commission Minutes December 9, 2019 Page 2 of 7
Commissioner Opipare inquired about Section 9.02, Submission, related to the date when the Town Manager
submits the budget. Town Attorney Dodd responded that particular section identified that the budget would be
submitted in accordance with State law.
Commissioner Edstrom asked if Section 9.04, Budget, referred to the Fund Balance where it stated “the total of the
proposed expenditures shall not exceed the total estimated income and the balance of available funds,” and if so,
could they be used at the discretion of the Council. Assistant Town Manager Carroll confirmed that was correct,
but he pointed out that the Town’s financial policy outlined that the Fund Balance would not fall below 30 percent
of operating expenditures.
Commissioner Edstrom brought up subsection (f) of Section 9.05, Council Action on Budget, and expanding
publication to more than one or more available websites and, if available, a newspaper of general circulation. He
felt that newspapers would eventually become obsolete. Town Attorney Dodd understood the challenge but
publishing in a newspaper was required pursuant to State law. He offered a suggestion of potentially changing the
language to state that publishing would be done in accordance with State law, but the current language was
sufficiently written.
Chairperson Sheridan stated this could be put into a motion to look into as a future agenda item.
Commissioner King pointed out that the sentence included, “which includes but is not limited to” encompassed
other potential avenues for publication.
Motion:
Motion made by Chairperson Sheridan, seconded by Commissioner Edstrom, to close the discussion on Article IX,
Budget, Finance and Taxation, with no comments to discuss later.
Motion carried unanimously 5-0-0.
3. Discussion of and take appropriate action regarding Article X, Franchises and Public Utilities, of the Town of
Trophy Club Charter.
Assistant Town Manager Carroll stated that Staff has reviewed Article X and recommended that Section 10.07,
Extensions, be reviewed. The second to last sentence stated “The right to use and maintain any extensions shall
terminate with the termination of the original franchise grant, and shall be terminable as provided in Section 10.04
of this Charter.” After reviewing this, Staff believes that reference to Section 10.04, Franchise Value Not to be
Allowed, should be appropriately changed to reference Section 10.05, Right of Regulation. This could be due to
incorrect numbering from previous changes.
Town Attorney Dodd stated it does not appear that this section has been amended and advised that he would
review this section.
Commissioner Opipare inquired if Section 10.04 was written for a legal reason because how he read it meant that
real property was not included in the value of the franchise fee. Town Attorney Dodd responded that this was for
setting the utility rates and if the Town acquired an easement through eminent domain for the utilities, the fact
there was a franchise did not add a value to the rates.
Motion:
Motion made by Chairperson Sheridan, seconded by Commissioner Carr, to close the discussion on Article X,
Franchises and Public Utilities, with the review of Section 10.07 to correct a potential scrivener’s error in the fifth
line by changing “Section 10.04” to “Section 10.05.”
Commissioner King inquired if there were any needed amendments to this Article due to recent changes in State
law. Town Attorney Dodd responded that he did not find any needed changes but he would review it again.
Charter Review Commission Page 5 of 77 Meeting Date: January 13, 2020
DRAFTCharter Review Commission Minutes December 9, 2019 Page 3 of 7
The vote was taken.
Motion approved unanimously 5-0-0.
4. Discussion of and take appropriate action regarding Article XI, General Provisions, of the Town of Trophy
Club Charter.
Commissioner Opipare asked Town Attorney Dodd if Section 11.12, Renumber, Rename, Rearrange, Clerical,
Typographical and Grammatical Error Correction, assisted with prior discussions on having gender neutral wording
in the Charter. Town Attorney Dodd confirmed that this section would allot those corrections to be made.
Chairperson Sheridan pointed out that Section 11.11, Construction of Charter, identified that all gender references
shall be interpreted to include both masculine and feminine. Additionally, he advised that Commissioner
Patterson sent an email regarding some of his comments on Section 11.12 regarding that he believed this was the
best place to refer to the gender neutrality and to provide neutral noun, pronoun and adjective substitutions
where the Charter speaks only in the masculine or feminine.
Motion:
Motion made by Chairperson Sheridan, seconded by Commissioner Edstrom, to close the discussion on Article XI,
General Provisions, with further discussion on Section 11.11 regarding gender neutrality of the Charter.
Commissioner King recommended further discussion to be held on Section 11.15, Charter Review Commission, to
potentially extend the time period when the Charter Review Commission met to every 10 years versus every seven
years.
Chairperson Sheridan agreed to amend the motion to include Section 11.15 for further discussion on extending the
time when the Charter Review Commission was required to meet.
Commissioner Carr suggested polling surrounding cities on the length of time they require their Charter Review
Commission to meet. Town Secretary Fimbres confirmed that Staff would survey the cities of Southlake, Roanoke,
and Grapevine.
Chairperson Sheridan pointed out that there was also the ability for the Charter to be amended through Council
action; it was not just based on when the Charter Review Commission met.
The vote was taken.
Motion carried unanimously 5-0-0.
5. Discussion of and take appropriate action regarding Article XII, Transitional Provisions, of the Town of
Trophy Club Charter.
Commissioner Opipare asked Town Attorney Dodd if this article was better placed in the Appendix. Town Attorney
Dodd advised that Article XII may no longer be needed because it dealt with the transition during a specific
timeframe.
Chairperson Sheridan discussed potentially creating one ballot listing all obsolete items. Town Attorney Dodd
remarked that Article XII could be one ballot item to be considered for removal.
Mayor Sanders commented that in past Charter elections, each item had to be uniquely identified and voted on
because there could be an issue if only portions were voted in favor to remove and other portions were voted
against, leaving a fragmented article.
Charter Review Commission Page 6 of 77 Meeting Date: January 13, 2020
DRAFTCharter Review Commission Minutes December 9, 2019 Page 4 of 7
Commissioner Carr inquired if the date of November 2, 2004 in Section 12.05, Submission of Charter to Voters,
needed to be amended. Town Attorney Dodd stated that date was specific to when the entire Charter went
before the voters for approval.
Commissioner King asked if a list could be created that the Charter Review Commission recommended to be
removed due to being obsolete. Town Attorney Dodd felt that one ballot item for obsolete items could create an
issue.
Motion:
Motion made by Chairperson Sheridan, seconded by Commissioner King, to review removing Article XII,
Transitional Provisions, due to it being obsolete.
Motion carried unanimously 5-0-0.
(Town Secretary Note: Commissioner Patterson arrived at 7:30 p.m.)
6. Discussion of and take appropriate action regarding previous business:
• Article I - Form of Government & Boundaries
• Article II - Powers of the Town
• Article III - The Council
• Article IV - Administrative Services
• Article V - Nominations and Elections
• Article VI – Recall
• Article VII – Legislation By The People, Initiative and Referendum
• Article VIII – Municipal Planning and Zoning
Chairperson Sheridan reiterated that the Commission’s purpose was to review the Charter and make Charter
amendment recommendations, where appropriate, that will help protect or enhance the rights, powers and
benefits of all Trophy Club residents. He commented that the Commission previously discussed that no changes
were recommended for Article I and Article II. The Commission did consider further discussion on Article III,
specific to Section 3.05, Compensation; Section 3.20 (b), Abstention; Section 3.19, relating to a quorum; add a
gender neutral phrase at the beginning; Section 3.04 (c) and (d) relating to timing; and Section 3.08 (i) and (k) to
delete.
(Town Secretary Note: Vice Chairperson Rowe arrived at 7:33 p.m.)
Assistant Town Manager Carroll asked the Commission to allow time for Staff to research each item that the
Commission recommended amending to see how these items may potentially affect other sections of the Charter.
Commissioner Edstrom brought up Section 3.01, Number, Selection, Term, and commented he was opposed to
electing people to places that did not exist.
Chairperson Sheridan was in disagreement and felt the Town was too small to elect by geographic areas. Since no
other Commissioner wished to comment on Section 3.01, Chairperson Sheridan moved to Section 3.05,
Compensation, and he asked the Commission if they wanted to add compensation.
Commissioner Edstrom was in favor of providing the Council with some form of compensation.
The overall consensus of the Commission was not to provide compensation.
Chairperson Sheridan brought up Section 3.20 (b), Abstention, and sought input from the Commission if they
wished to remove this subsection.
Charter Review Commission Page 7 of 77 Meeting Date: January 13, 2020
DRAFTCharter Review Commission Minutes December 9, 2019 Page 5 of 7
Vice Chairperson Rowe felt it was appropriate to remove this subsection so that the minutes would accurately
reflect if someone abstained from a vote verses an abstention being counted as a negative vote if no conflict of
interest existed.
Commissioners King, Opipare, Carr, Patterson, and Edstrom agreed to remove this subsection for accuracy and
transparency.
Chairperson Sheridan confirmed that the Commission was in favor of removing Section 3.20 (b), Abstention, and
he continued with discussion on Section 3.12, Quorum.
Vice Chairperson Rowe and Commissioners Edstrom, Patterson, Opipare, and King did not see a need to amend
Section 3.12.
Mayor Sanders shared if the Council was down to four members and one member could not attend a meeting,
business could not be conducted, which could create an issue for time sensitive items, such as approval of the
Town’s budget.
Town Attorney Dodd offered that an emergency clause could be inserted that if the Council was less than four
members, then the majority of the remaining members would constitute a quorum. Discussion took place
regarding items that require Council approval.
Vice Chairperson Rowe suggested restructuring the last sentence to allow for other business to occur but make it
clear that it would only be triggered for an instance where there were vacancies on Council and not just because
Council Members were absent for a meeting.
Commissioner Edstrom recommended shortening two sentences in Section 3.12:
• 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.
Commissioner Patterson asked if there was another provision in the Charter that would contradict the suggested
changes.
Vice Chairperson Rowe suggested that the last sentence read: If the Council is reduced to less than four (4)
members on account of vacancies, the remaining members shall constitute a quorum and action will be valid or
binding when voted on by a simple majority of the remaining members. Then the second sentence could read:
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 a simple majority of the Council.
Commissioner Opipare remarked that if the Council became less than four members, the two important items that
would need to be kept in place would be calling an election and continuing the legal day to day operations of the
Town.
Chairperson Sheridan recommended expanding the last sentence to calling an election and be able to continue
Town business.
Lengthy conversation took place regarding potential language, different scenarios for constituting a quorum, and
voting if a Council Member had a conflict of interest.
Charter Review Commission Page 8 of 77 Meeting Date: January 13, 2020
DRAFTCharter Review Commission Minutes December 9, 2019 Page 6 of 7
Vice Chairperson Rowe suggested allowing Staff to look at conditions that would prevent the Town from
performing basic functions and come up with criteria for those items to be accomplished given the situation where
there were several vacancies on Council.
Chairperson Sheridan agreed to have Staff review Section 3.12, Quorum, and research specific conditions that
would affect the operations of the Town and Council and language to address a quorum.
Commissioner Edstrom asked if Section 3.16, Procedure for Enacting Ordinances and Resolutions; Publications,
would be affected if they changed Section 3.12, Quorum. Chairperson Sheridan responded that Staff would need
to review and see if it affected Section 3.16.
Chairperson Sheridan continued with prior discussions on adding a gender neutral phrase at the beginning of the
Charter. Section 11.11, Construction of Charter, appeared to satisfy gender references made in Article III but the
Commission would delay discussion until they revisited Article XI. He confirmed that Section 3.04 (c) and (d)
regarding the ability to fill Council vacancies to the next uniform election could not be accomplished because
Article 11, Section 11, of the Texas Constitution required that the Town hold a special election within 120 days
since the Council had three year terms. Additionally, he brought up previous discussions to remove Section 3.08 (i)
and (k).
Vice Chairperson Rowe reiterated that the presence of a clause like Section 3.08 (i) and (k) did not grant the Town
any more authority than what they already had accordingly to the State. Although he was in favor of cleaning the
Charter, it may be difficult for a voter to understand that the removal of this subsection did not take away the
Town’s ability to deal with slum districts or blighted areas.
Commissioners Patterson and Edstrom agreed with Vice Chairperson Rowe.
Chairperson Sheridan moved onto the potential of removing Section 3.08 (k) dealing with regulating taxi cabs and
Ubers.
Town Attorney Dodd noted that the Town could not regulate, license, or fix charges and fares on Uber and Lyft.
Commissioner Edstrom remarked that these types of businesses could not be located and therefore the Town
could not regulate them.
Commissioner Patterson and Vice Chairperson Rowe agreed to leave Section 3.08 (k) in the Charter for the same
reasons as discussed to leave Section 3.08 (i).
Commissioner Carr commented that he did not want to get into a pattern of not removing items when it would
clean up the Charter.
Commissioner King suggested that the Commission put together a master list of all recommended items to remove
and rank them based on a 1 to 10 scale on how important they believed it was to remove.
Motion:
Motion made by Vice Chairperson Rowe, seconded by Chairperson Sheridan, to postpone discussion regarding
gender terms until further discussion on Article XI and discontinue discussions on Sections 3.04 and 3.05 and direct
Staff to investigate the effect of changes as discussed on Section 3.08 (i) and (k), Section 3.12 and Section 3.20 (b).
Motion approved unanimously 7-0-0.
Charter Review Commission Page 9 of 77 Meeting Date: January 13, 2020
DRAFTCharter Review Commission Minutes December 9, 2019 Page 7 of 7
6. Discussion of and take appropriate action regarding future agendas:
Motion:
Motion made by Commissioner Opipare, seconded by Commissioner Carr, to close discussion on Agenda Item No.
6.
Motion carried unanimously 7-0-0.
7. Recap of motions passed in prior meetings.
No action was taken on this item.
ADJOURNMENT
Motion:
Motion made by Commissioner Carr, seconded by Chairperson Sheridan, to adjourn the meeting at 9:00 p.m.
Motion carried unanimously 7-0-0.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary Dennis Sheridan, Chairperson
Town of Trophy Club, Texas Town of Trophy Club, Texas
Charter Review Commission Page 10 of 77 Meeting Date: January 13, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12019-670-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/2/2020 Charter Review Commission
On agenda:Final action:1/13/2020
Title:Consider and take appropriate action regarding the December 16, 2019 Charter Review Commission
Minutes.
Attachments:Draft Charter Review Commission Minutes December 16, 2019.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the December 16, 2019 Charter Review Commission Minutes.
Charter Review Commission Page 11 of 77 Meeting Date: January 13, 2020
DRAFTTOWN OF TROPHY CLUB
CHARTER REVIEW COMMISSION MINUTES
MONDAY, DECEMBER 16, 2019 7:00 P.M.
LOCATION: 1 TROPHY WOOD DRIVE, TROPHY CLUB, TEXAS
COUNCIL CHAMBERS
The Charter Review Commission of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
December 16, 2019. The meeting was held within the boundaries of the Town and was open to the public.
CHARTER REVIEW COMMISSIONERS PRESENT:
Dennis Sheridan Chairperson, Place 3
Rhylan Rowe Vice Chairperson, Place 5
Dave Edstrom Commissioner, Place 1
Timothy Patterson Commissioner, Place 2
Bruce Dale Commissioner, Place 4
Kevin Carr Commissioner, Place 6
Louis Opipare Commissioner, Place 7
Danny Mayer Commissioner, Place 8
Jared King Commissioner, Place 9
COUNCIL AND STAFF PRESENT:
Philip Shoffner Council Member, Place 6 – Council Liaison
Steve Norwood Town Manager
David Dodd Town Attorney
Holly Fimbres Town Secretary/RMO
Chairperson Sheridan announced the date of December 16, 2019, called the Charter Review Commission to order
and announced a quorum at 7:00 p.m.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Commission on any matter whether or not it is posted on the
agenda. The Commission is not permitted to take action on or discuss any presentations made to the Commission
at this time concerning an item not listed on the agenda. The Commission will hear presentations on specific
agenda items prior to the Commission addressing those items.
There were no citizen presentations.
1. Discussion of and take appropriate action regarding previous business:
• Article I - Form of Government & Boundaries
• Article II - Powers of the Town
• Article III - The Council
• Article IV - Administrative Services
• Article V - Nominations and Elections
• Article VI - Recall
• Article VII - Legislation By The People, Initiative and Referendum
• Article VIII - Municipal Planning and Zoning
• Article IX - Budget, Finance and Taxation
• Article X - Franchise and Public Utilities
• Article XI - General Provisions
• Article XII - Transitional Provisions
Charter Review Commission Page 12 of 77 Meeting Date: January 13, 2020
DRAFTCharter Review Commission Minutes December 16, 2019 Page 2 of 7
Chairperson Sheridan advised that they have covered previous business up to Article III and their Final Report
needed to be completed by the end of January 2020. He asked who would provide the official ballot language
once their Final Report was completed. Town Attorney Dodd and Town Manager Norwood confirmed that the
next step would be for the Charter Review Commission to identify which items they were recommending to be
placed on the ballot, then the Council would consider their recommendations and make the final decision on
official ballot language.
Chairperson Sheridan pointed out that in their agenda packet, there was a rating sheet for items to be considered
as being obsolete. He moved to discussing previous business of Article IV, Administrative Services, specific to
adding leadership to the Town Manager qualifications within Section 4.02 (b); and creating a definition for the
Mayor, Town Council, and Town Manager.
Vice Chairperson Rowe was in favor of making no changes to Section 4.02 (b) and remarked that it would be
helpful to add definitions in another article, but he would defer to Town Attorney Dodd on a recommendation
where definitions would be placed.
Commissioner Dale commented on the importance of discussing adding leadership to Section 4.02 (b).
Commissioner Opipare agreed that leadership should be added to Section 4.02 (b).
Commissioner Mayer preferred to leave Section 4.02 (b) as written because it could be covered in the job
description for the Town Manager, which was laid out by the Council.
Commissioner Edstrom commented that it would be difficult to define leadership in the Charter.
Commissioner King felt it would be difficult to formulate the wording for the ballot language and was in agreement
that it would be better suited in the job descriptions.
Chairperson Sheridan noted that part of the first sentence read that the method of selection shall be left to the
discretion of the Council. The second sentence addressed having experience, ability, and character; therefore he
was in favor of leaving Section 4.02 (b) as written. Additionally, he did not see a necessity to create a definition in
the Charter for Mayor, Town Council, and Town Manager.
Chairperson Sheridan polled the Commission to add leadership to Section 4.02 (b).
1-8-0 with Commissioner Dale in favor; and with Chairperson Sheridan, Vice Chairperson Rowe, and
Commissioners Edstrom, Patterson, Carr, Opipare, Mayer, and King not in favor.
Commissioner Opipare mentioned possibly providing non-Charter recommendations to the Council along with
their Final Report.
Discussion took place that the Charter Review Commission’s priority was to make recommendations to amend the
Town’s Charter.
Chairperson Sheridan polled the Commission to create a definition in the Charter for Mayor, Town Council, and
Town Manager.
1-7-1 with Vice Chairperson Rowe in favor; with Chairperson Sheridan and Commissioners Edstrom, Dale, Carr,
Opipare, Mayer, and King not in favor; and Commissioner Patterson refrained.
Chairperson Sheridan reviewed the list of recommendations for Article V, Nominations and Elections, specific to
Section 5.01 (c), (d), and (e) being obsolete and replacing with terms outlining Places 1 through Place 6, omitting
the word majority from Section 5.01 (e) and (f); and deleting 5.04 (d), (e), and (f).
Charter Review Commission Page 13 of 77 Meeting Date: January 13, 2020
DRAFTCharter Review Commission Minutes December 16, 2019 Page 3 of 7
Town Attorney Dodd commented that the dates outlined in Section 5.01 (c) and (d) illustrated when the terms
began for each place.
Commissioner Mayer recommended leaving Section 5.01 (c) and (d) as written since it clearly defined when each
term began.
Commissioner Opipare suggested removing 5.01 (b) and (c) and in their place, add a sentence that read,
“Commencing in 2009, the Town Council expanded from four to six members organized by place, with the
transition occurring as follows: Places 1 and 2 were determined in the May 2009 election, receiving two year terms
and the year after three year terms and all future elections. Places 3, 4, and 5 remained as elected in the May
2008 election, for two year terms hereafter; Places 3 and 4 shall be elected for two year terms and Place 5 for
three year terms.”
Commissioner Mayer asked Town Attorney Dodd if the Commission recommended removal of 5.01 (b), (c), and (d),
would each subsection be listed as a separate ballot item. Town Attorney Dodd responded that the general rule
would be that each item would be considered as a separate ballot item, but they could possibly be put into one
ballot item.
Vice Chairperson Rowe felt that the utility of these subsections were to establish the starting points, but if the
Commission desired to clean up the language, he suggested removing the first sentence of subsection (b) and (c) of
Section 5.01.
Commissioner Edstrom commented that the dates were obsolete going back 10 years.
Commissioner Carr asked if the purpose of the subsections were to provide historical value. Town Attorney Dodd
responded that they were setting the terms for office.
Chairperson Sheridan polled the Commission to declare Section 5.01 (b), (c) and (d) as being obsolete and add
replacement language outlining the terms for Places 1 through 6.
1-8-0 with Commissioner Opipare in favor; and with Chairperson Sheridan, Vice Chairperson Rowe, and
Commissioners Edstrom, Patterson, Dale, Carr, Mayer, and King not in favor.
Chairperson Sheridan discussed removing the word majority from Section 5.01 (e) and (f).
Discussion took place that these two subsections were most likely in the Charter when the Council was elected by
plurality, but now the Council was elected by majority since they had three year terms.
Chairperson Sheridan moved to prior discussions to delete Section 5.04 (d) and (e).
Town Attorney Dodd stated items (d) and (e) were limited to Town elected positions.
Vice Chairperson Rowe commented that Section 5.04 (d) was required to remain in the Charter since it hinged
specifically upon being elected. There was another section in the Charter that precludes elected officials from
holding a position on an appointed board or commission.
Chairperson Sheridan polled the Commission to discontinue conversation on removing Section 5.04 (d).
9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe, and Commissioners Edstrom, Patterson, Dale, Carr,
Opipare, Mayer, and King in favor.
Chairperson Sheridan moved to discussing deleting Section 5.04 (e).
Commissioners King and Mayer were in favor of leaving Section 5.04 (e) in the Charter.
Charter Review Commission Page 14 of 77 Meeting Date: January 13, 2020
DRAFTCharter Review Commission Minutes December 16, 2019 Page 4 of 7
Commissioner Opipare commented that he researched this item and it appeared that no other municipality
required an employee to resign immediately upon becoming a candidate for election to any public office. He
asked where the Town stood legally on this item. Town Attorney Dodd responded that there was nothing that
would prohibit this or require it.
Vice Chairperson Rowe asked if there was any other definition of being a candidate that could be broader than
filing. Town Attorney Dodd responded that it would be based on a case by case scenario.
Chairperson Sheridan polled the Commission to discontinue conversation on removing Section 5.04 (e).
9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe, and Commissioners Edstrom, Patterson, Dale, Carr,
Opipare, Mayer, and King in favor.
Chairperson Sheridan moved to discussing deleting Section 5.04 (f).
Commissioner Edstrom was in favor of leaving Section 5.04 (f) as written.
Commissioner Patterson remarked that he did not want to have an election for a one year term.
Vice Chairperson Rowe was in favor of removing Section 5.04 (f). He commented that serving on the Council was a
volunteer role and if a person chose to run for a position as county commissioner or a state representative, then
that person most likely had the ambition to handle multiple tasking roles.
Commissioner Carr was in agreement with Vice Chairperson Rowe’s remarks and added that an official running for
another public office should not be penalized.
Chairperson Sheridan inquired about either changing the wording from filing to becoming elected, or just
completely eliminating the subsection. Town Attorney Dodd responded that the Council served three year terms.
If a council member had longer than one year left on their term and announced candidacy for another office, then
the automatic resignation would apply based on the State Constitution. If a council member had less than a year
left on their term, then Section 5.04 (f) would apply and the State Constitution was silent.
Commissioner Mayer recommended leaving Section 5.04 (f) as written since it would technically only be based on
a council member having less than a year left on their term.
Commissioner King remarked that if a council member ran for county commissioner, he would want that person to
have municipal experience.
Vice Chairperson Rowe shared a scenario of two council members running for mayor, leaving the Council down to
five members. He was not sure this would really benefit the community to have two council members step down.
Chairperson Sheridan polled the Commission to add 5.04 (f) to the Tally Sheet to be rated later for deletion.
9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe, and Commissioners Edstrom, Patterson, Dale, Carr,
Opipare, Mayer, and King in favor.
Chairperson Sheridan moved to previous discussions on Section 6.01, Scope of Recall, and Section 6.07, Recall
Petition Prohibited. As a follow-up item, in the agenda packet there were a few examples on how other
municipalities addressed their scope of recall.
Vice Chairperson Rowe leaned towards leaving Section 6.01 as written since the bar was set high to have enough
qualified voters of the Town sign a petition. He felt that one of the three listed reasons for recall should cover
grounds for a petition for recall.
Commissioners Edstrom, Patterson, Dale, Carr, and Opipare were in agreement to leave Section 6.01 as written.
Charter Review Commission Page 15 of 77 Meeting Date: January 13, 2020
DRAFTCharter Review Commission Minutes December 16, 2019 Page 5 of 7
Commissioner Mayer inquired if the language as written allowed a dissatisfied citizen to file a petition against a
council member because they did not agree with how a council member was performing. They would just need to
submit a petition claiming incompetency and obtain enough signatures because there was no jury to prove
incompetency. Town Attorney Dodd responded that he believed the petition would need to be specific on the
grounds of incompetency and obtain enough signatures of those who agreed with them.
Vice Chairperson Rowe understood Commissioner Mayer’s concerns on how a petition would be adjudicated. It
was a matter of obtaining enough signatures and validating signatures.
Chairperson Sheridan polled the Commission to discontinue conversation on 6.01, Scope of Recall.
9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe, and Commissioners Edstrom, Patterson, Dale, Carr,
Opipare, Mayer, and King in favor.
Chairperson Sheridan moved to previous discussions on Section 6.07, Recall Petition Prohibited, regarding not
allowing a recall petition to be filed against any officer of the Town within six months of being elected, nor within
six months after an election for such officer’s recall.
Town Attorney Dodd confirmed that Section 6.07 was a legal Charter provision.
Commissioners Edstrom, Patterson, Carr, Mayer, King, and Opipare recommended no changes.
Vice Chairperson Rowe would be open to remove Section 6.07 but he felt it had no material impact one way or the
other because of the rare nature of the event.
Chairperson Sheridan polled the Commission to discontinue conversation on 6.07, Recall Petition Prohibited.
9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe, and Commissioners Edstrom, Patterson, Dale, Carr,
Opipare, Mayer, and King in favor.
Chairperson Sheridan confirmed there were no previous recommendations to amend Article VII, Legislation By The
People, Initiative and Referendum; therefore he moved to previous discussions on Article VIII, Municipal Planning
and Zoning specific to adding deed restriction enforcement.
Town Attorney Dodd stated that if the deed restriction enforcement were placed in the Charter, the Town would
not have any legal standing since the Town was not a party.
Vice Chairperson Rowe asked if it would need to be enumerated specifically in a zoning ordinance and adopted in a
manner that was applicable. Town Attorney Dodd responded that it would need to be specific to items such as
setbacks, size, and density since the Town had no control to enforce deed restrictions.
Commissioner Opipare felt there was no reason to change this section since deed restrictions could not be
enforced by the Town.
Chairperson Sheridan remarked that the Town could review the deed restrictions in each section of Town and
incorporate those restrictions into the Planning and Zoning Ordinances.
Vice Chairperson Rowe commented on his intent to address the specifics of the case that came through earlier this
year through the Planning and Zoning Commission.
Chairperson Sheridan polled the Commission to discontinue conversation on adding deed restriction
enforcement to Article VIII, Municipal Planning and Zoning.
8-1-0 with Vice Chairperson Rowe and Commissioners Edstrom, Patterson, Dale, Carr, Opipare, Mayer, and King
in favor; and with Chairperson Sheridan not in favor.
Charter Review Commission Page 16 of 77 Meeting Date: January 13, 2020
DRAFTCharter Review Commission Minutes December 16, 2019 Page 6 of 7
Chairperson Sheridan confirmed there were no previous recommendations to amend Article IX, Budget, Finance
and Taxation; therefore he moved to previous discussions on Article X, Franchise and Public Utilities, specific to
correcting a potential scrivener’s error in Section 10.07 (in the fifth line by changing “Section 10.04” to “Section
10.05).
Town Attorney Dodd confirmed this would be corrected.
Chairperson Sheridan moved onto previous discussions on Article XI, General Provisions, specific to Section 11.11
addressing gender neutrality in the Charter and extending the timeframe when a Charter Review Commission was
appointed in Section 11.15.
Vice Chairperson Rowe and Commissioners King, Mayer, Opipare, and Edstrom felt that Section 11.11,
Construction of Charter, addressed gender neutrality in the Charter.
Commissioner Patterson questioned if his suggestion to change the word “corporation” to “business entity” in the
third paragraph of Section 4.17, Personal Financial Interest, could be addressed through the scrivener’s error
exception. Town Attorney Dodd responded that he would have to review if that was possible but he believed that
this could be accomplished pursuant to Section 11.12, Renumber, Rename, Rearrange, Clerical, Typographical and
Grammatical Error Correction.
Chairperson Sheridan confirmed that there was no need to continue discussions on gender neutrality in the
Charter. He moved to extending the timeframe when a Charter Review Commission was appointed in Section
11.15. As a follow-up item, in the agenda packet there were a few examples on how often other municipalities
amend their Charter.
Commissioner King recommended extending the time period when the Charter Review Commission met to every
10 years instead of every seven years.
Commissioners Mayer, Opipare, Carr, and Dale agreed with every 10 years.
Vice Chairperson Rowe agreed with amending Section 11.15 so that a Charter Review Commission was appointed
at intervals of not more than 10 years. He noted that the Council had the autonomy to appoint a Charter Review
Commission and call a Charter Election based upon a majority vote.
Chairperson Sheridan confirmed that the Commission recommended that Section 11.15 be amended to 10 years.
Chairperson Sheridan moved the previous discussions to remove Article XII, Transitional Provisions, and asked
Town Attorney Dodd if there were any items that needed to remain. Town Attorney Dodd responded that he
would review this Article again but felt it could be completely removed as one ballot item.
Chairperson Sheridan recommended adding Article XII to the Tally Sheet to be rated later for deletion.
Chairperson Sheridan polled the Commission to add Article XII to the Tally Sheet to be rated later for deletion.
9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe and Commissioners Edstrom, Patterson, Dale, Carr,
Opipare, Mayer, and King in favor.
Motion:
Motion made by Chairperson Sheridan, seconded by Vice Chairperson Rowe, to delete Section 5.04 (f); change the
timeframe to 10 years in Section 11.15; remove Article XII in its entirety; and no further discussions were needed
on other items as previously polled.
Motion carried unanimously 9-0-0.
Charter Review Commission Page 17 of 77 Meeting Date: January 13, 2020
DRAFTCharter Review Commission Minutes December 16, 2019 Page 7 of 7
2. Discussion of and take appropriate action regarding future agendas.
Town Secretary Fimbres confirmed that the Commission’s next scheduled meetings would be held on January 13,
2020 and January 27, 2020 to prepare their Final Report to present to the Council. The deadline to call a Special
Election was February 14, 2020.
Vice Chairperson Rowe remarked that since their goal was to review and approve their Final Report at their
January 27, 2020 meeting, he recommended giving the Council more than one meeting to review their Final
Report.
Town Secretary Fimbres advised that the Council Retreat was scheduled for February 1, 2020, with the intent to
cancel the January 28, 2020 Council meeting.
Vice Chairperson Rowe recommended that the Final Report be provided to the Council at their Retreat.
Chairperson Sheridan asked the Commission to send any further recommendations for their Final Report to Town
Secretary Fimbres before their next meeting.
Motion:
Motion made by Commissioner Opipare, seconded by Chairperson Sheridan, to close Agenda Item No. 2.
Motion carried unanimously 9-0-0.
3. Recap of motions passed in prior meetings.
Chairperson Sheridan stated this item was reviewed and utilized during Agenda Item No. 1.
ADJOURNMENT
Motion:
Motion made by Chairperson Sheridan, seconded by Vice Chairperson Rowe, to adjourn the meeting at 8:20 p.m.
Motion carried unanimously 9-0-0.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary Dennis Sheridan, Chairperson
Town of Trophy Club, Texas Town of Trophy Club, Texas
Charter Review Commission Page 18 of 77 Meeting Date: January 13, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12019-665-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/19/2019 Charter Review Commission
On agenda:Final action:1/13/2020
Title:Discussion of and take appropriate action regarding previous business:
· Article I - Form of Government & Boundaries
· Article II - Powers of the Town
· Article III - The Council
· Article IV - Administrative Services
· Article V - Nominations and Elections
· Article VI - Recall
· Article VII - Legislation By The People, Initiative and Referendum
· Article VIII - Municipal Planning and Zoning
· Article IX - Budget, Finance and Taxation
· Article X - Franchise and Public Utilities
· Article XI - General Provisions
· Article XII - Transitional Provisions
Attachments:Town of Trophy Club Home Rule Charter.pdf
Action ByDate Action ResultVer.
Discussion of and take appropriate action regarding previous business:
·Article I - Form of Government & Boundaries
·Article II - Powers of the Town
·Article III - The Council
·Article IV - Administrative Services
·Article V - Nominations and Elections
·Article VI - Recall
·Article VII - Legislation By The People, Initiative and Referendum
·Article VIII - Municipal Planning and Zoning
·Article IX - Budget, Finance and Taxation
·Article X - Franchise and Public Utilities
·Article XI - General Provisions
·Article XII - Transitional Provisions
Charter Review Commission Page 19 of 77 Meeting Date: January 13, 2020
C-1
HOME RULE
CHARTER
Article I. Form of Government & Boundaries........................................................................ C-7
1.01 Incorporation, Corporate Name.............................................................................C-7
1.02 Form of Government.............................................................................................C-7
1.03 Boundaries.............................................................................................................C-7
1.04 Annexation ............................................................................................................C-7
1.05 Disannexation........................................................................................................C-8
Article II. Powers of the Town .................................................................................................C-8
2.01 Enumerated Powers Not Exclusive .......................................................................C-8
2.02 Eminent Domain....................................................................................................C-8
2.03 Power to Acquire Property Inside and Outside the Town for Any
Lawful Purposes..................................................................................................C-9
Article III. The Council............................................................................................................. C-9
3.01 Number, Selection, Term.......................................................................................C-9
3.02 Qualifications.........................................................................................................C-9
3.03 Number, Selection, Term, Council Judge of Election of Members.....................C-10
3.04 Vacancies, Forfeiture of Office, Filling of Vacancies.........................................C-10
3.05 Compensation......................................................................................................C-11
3.06 Mayor ..................................................................................................................C-11
3.07 Mayor Pro-Tem...................................................................................................C-11
3.08 Powers of the Council..........................................................................................C-12
3.09 Meetings of the Council ......................................................................................C-13
3.10 Special Meetings..................................................................................................C-14
3.11 Rules of the Council............................................................................................C-14
3.12 Quorum................................................................................................................C-14
3.13 Interference in Town Manager Appointments and Removals or Duties.............C-14
3.14 Action Requiring an Ordinance...........................................................................C-15
3.15 Form of Ordinances.............................................................................................C-15
3.16 Procedure for Enacting Ordinances and Resolutions; Publications.....................C-15
3.17 Emergency Ordinances........................................................................................C-16
3.18 Bonds for Employees...........................................................................................C-16
3.19 Investigative Powers of the Council....................................................................C-17
3.20 Conflict of Interest and Abstention......................................................................C-17
3.21 Indemnification of Officers.................................................................................C-17
3.22 Term Limits.........................................................................................................C-17
Article IV. Administrative Services....................................................................................... C-18
4.01 Administrative Departments................................................................................C-18
4.02 Town Manager - Appointment and Qualifications..............................................C-18
4.03 Compensation......................................................................................................C-18
4.04 Term and Removal ..............................................................................................C-18
4.05 Powers and Duties...............................................................................................C-19
4.06 Acting Town Manager.........................................................................................C-20
Charter Review Commission Page 20 of 77 Meeting Date: January 13, 2020
Trophy Club Code of Ordinances Home Rule Charter
C-2
4.07 Town Secretary....................................................................................................C-20
4.08 Duties of the Town Secretary..............................................................................C-20
4.09 Compensation......................................................................................................C-21
4.10 Municipal Court...................................................................................................C-21
4.11 Judge of Court .....................................................................................................C-21
4.12 Clerk of the Court................................................................................................C-21
4.13 Fines ....................................................................................................................C-21
4.14 Town Attorney - Appointment & Qualifications.................................................C-22
4.15 Professional Services...........................................................................................C-22
4.16 Town Boards, Commissions and Corporations...................................................C-22
4.17 Personal Financial Interest...................................................................................C-22
4.18 Accepting Gifts, Etc. ...........................................................................................C-23
Article V. Nominations and Elections.................................................................................... C-23
5.01 Elections..............................................................................................................C-23
5.02 Regulation of Elections .......................................................................................C-25
5.03 Special Elections..................................................................................................C-25
5.04 Filing for Office...................................................................................................C-25
5.05 The Official Ballot...............................................................................................C-26
5.06 Canvassing and Election Results.........................................................................C-26
5.07 Notification of Town Officers.............................................................................C-26
5.08 Oath of Office......................................................................................................C-26
Article VI. Recall..................................................................................................................... C-26
6.01A Scope of Recall....................................................................................................C-26
6.02 Petition for Recall................................................................................................C-27
6.03 Form of Recall and Oath .....................................................................................C-27
6.04 Procedure After Filing Petition for Recall...........................................................C-28
6.05 Public Notice.......................................................................................................C-29
6.06 Official Ballot......................................................................................................C-29
6.07 Recall Petition Prohibited....................................................................................C-29
6.08 Refusal of Recall Petition....................................................................................C-29
Article VII. Legislation By The People, Initiative and Referendum................................... C-30
7.01 Initiative Generally..............................................................................................C-30
7.02 Petition.................................................................................................................C-30
7.03 Referendum .........................................................................................................C-30
7.04 Voluntary Submission of Legislation by the Council..........................................C-31
7.05 Form of Ballots....................................................................................................C-31
7.06 Publication of Proposed and Referred Ordinances..............................................C-31
7.07 Adoption of Ordinances.......................................................................................C-31
7.08 Inconsistent Ordinances.......................................................................................C-31
7.09 Ordinances Passed by Popular Vote: Repeal or Amendment..............................C-31
7.10 Further Regulations by Council...........................................................................C-32
Article VIII. Municipal Planning and Zoning ...................................................................... C-32
8.01 State Law Adopted - Zoning ...............................................................................C-32
8.02 State Law Adopted - Subdivision Regulation .....................................................C-32
8.03 The Planning and Zoning Commission...............................................................C-32
8.04 Purpose, Objective, Power and Duties ................................................................C-33
8.05 Board of Adjustment ...........................................................................................C-34
8.06 Comprehensive Master Plan................................................................................C-34
Charter Review Commission Page 21 of 77 Meeting Date: January 13, 2020
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Article IX. Budget, Finance and Taxation ............................................................................ C-34
9.01 Fiscal Year...........................................................................................................C-34
9.02 Submission ..........................................................................................................C-35
9.03 Budget Message...................................................................................................C-35
9.04 Budget..................................................................................................................C-35
9.05 Council Action on Budget...................................................................................C-36
9.06 Amendment after Adoption.................................................................................C-37
9.07 Administration and Fiduciary Oversight of the Budget.......................................C-38
9.08 Capital Program...................................................................................................C-38
9.09 Audit and Examination of Town Books and Accounts.......................................C-39
9.10 Defect Shall Not Invalidate Tax Levy.................................................................C-39
9.11 Public Records.....................................................................................................C-39
9.12 Specified Reserve Fund.......................................................................................C-40
9.13 Changes in Budget...............................................................................................C-40
9.14 Authority to Incur Indebtedness..........................................................................C-40
9.15 Bonds Incontestable.............................................................................................C-40
9.16 Borrowing in Anticipation of Property Tax.........................................................C-40
9.17 Use of Bond Funds..............................................................................................C-41
9.18 Power to Tax........................................................................................................C-41
9.19 Tax Rate...............................................................................................................C-41
9.20 Other Rules and Regulations...............................................................................C-41
Article X. Franchises and Public Utilities ............................................................................. C-41
10.01 Inalienability of Control of Public Property........................................................C-41
10.02 Powers of the Town.............................................................................................C-42
10.03 Power to Grant Franchise....................................................................................C-42
10.04 Franchise Value Not to be Allowed.....................................................................C-42
10.05 Right of Regulation .............................................................................................C-42
10.06 Consent of Property Owner.................................................................................C-43
10.07 Extensions............................................................................................................C-43
10.08 Other Conditions..................................................................................................C-44
10.09 Accounts of Municipally Owned Utilities...........................................................C-44
10.10 Sales of Electricity, Water and Sewer Service ....................................................C-44
10.11 Regulation of Rates and Service..........................................................................C-44
Article XI. General Provisions ............................................................................................... C-45
11.01 Charter Authority.................................................................................................C-45
11.02 Public Records.....................................................................................................C-45
11.03 Property Not Subject to Execution......................................................................C-45
11.04 Town Not Required to Give Security or Execute Bond......................................C-45
11.05 Notice of Injury or Damage.................................................................................C-45
11.06 Powers to Remit Penalties...................................................................................C-46
11.07 Property Not Exempt from Special Assessments................................................C-46
11.08 Town Depository.................................................................................................C-46
11.09 Judicial Notice.....................................................................................................C-46
11.10 Severability Clause..............................................................................................C-46
11.11 Construction of Charter.......................................................................................C-46
11.12 Renumber, Rename, Rearrange, Clerical, Typographical and
Grammatical Error Correction...........................................................................C-47
11.13 Amendment to Charter ........................................................................................C-47
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11.14 Code of Ethics and Conduct; Ethics Commission...............................................C-47
11.15 Charter Review Commission...............................................................................C-47
Article XII. Transitional Provisions ...................................................................................... C-48
12.01 Interim Municipal Government...........................................................................C-48
12.02 Persons Serving on Boards, Commissions or Corporations................................C-48
12.03 Effect of this Charter on Existing Law................................................................C-48
12.04 Continuance of Contracts, Franchises and Succession of Rights........................C-49
12.05 Submission of Charter to Voters..........................................................................C-49
[Next page is C-7.]
Charter Review Commission Page 23 of 77 Meeting Date: January 13, 2020
Trophy Club Code of Ordinances Home Rule Charter
C-7
HOME RULE CHARTER*
Article I. Form of Government & Boundaries
1.01 Incorporation, Corporate Name
All citizens of the Town of Trophy Club, in Denton and Tarrant Counties, Texas, within the
boundaries of said Town now established or as hereinafter established in the manner provided by
law shall continue to be a municipal body politic and corporate in perpetuity under the name
“Town of Trophy Club” hereinafter referred to as the “Town” with such powers, rights, authority,
privileges, obligations and immunities as are herein provided and as otherwise provided by law.
1.02 Form of Government
The municipal government provided by this Charter shall be known as the “council-manager
government”. Pursuant to its provisions and subject only to the limitations imposed by the Texas
Constitution, and the laws of the State of Texas, and by this Charter, all powers of the Town shall
be vested in an elective council, hereinafter referred to as the “Council” which shall enact
legislation, adopt budgets, determine policies, and appoint the Town Manager, who shall execute
the laws and administer the government of the Town. All powers of the Town shall be exercised
in the manner prescribed by this Charter, or if the manner be not prescribed, then in such manner
as may be prescribed by ordinance or State law.
State law reference–Form of government, V.T.C.A., Local Government Code, sec. 26.021.
1.03 Boundaries
The boundaries of the Town shall be as they have been established previously, now exist, and as
hereinafter amended by the Council in accordance with the law and a map of such boundaries
shall be on file with the Town Secretary.
State law references–Municipal boundaries and annexation, V.T.C.A., Local Government Code, ch. 41 et
seq.; map of municipal boundaries and extraterritorial jurisdiction, V.T.C.A., Local Government Code, sec.
41.001.
1.04 Annexation
(a) The Council shall have the power by ordinance to fix boundaries of the Town and to
provide for the alteration or the extension of said boundaries, pursuant to any laws of the State of
Texas now or hereinafter enacted, with or without the consent of the owners or inhabitants of
such territory.
* Editor’s note–Printed herein is the charter of the Town of Trophy Club, Texas, which was adopted at an
election held on November 2, 2004 and effected by Ordinance 2004-32, sec. II, adopted November 15,
2004. Apart from minor nonsubstantive changes in style and formatting, the charter is reproduced as it
appeared in chapter 1, article 1 of the 2006 Code of Ordinances. Capitalization, punctuation and grammar
have been retained. Obviously misspelled words have been corrected without notation. Material enclosed in
brackets has been added for clarification. Amendments to the charter are indicated by a history note
following the amended provision. The absence of a history note indicates the material is unchanged from
the original charter.
State constitution reference–Charter to be consistent with constitution and general laws, art. XI, sec. 5.
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(b) The annexation ordinance shall describe the territory to be annexed. Notice shall be
published and public hearings held as required by State law. Amendments not enlarging or
extending the boundaries set forth in the proposed ordinance may be incorporated into the
proposed ordinance without the necessity of republication of said notice. The additional territory
annexed shall be a part of the Town and the property situated therein shall bear its pro rata part of
the taxes levied by the Town as provided by State law. The inhabitants thereof shall be entitled to
all the rights and privileges of other citizens and shall be bound by the acts, ordinances,
resolutions and regulations of the Town.
State law reference–Municipal annexation, V.T.C.A., Local Government Code, ch. 43.
1.05 Disannexation
The Council may, by ordinance, disannex any territory within the corporate boundaries of the
Town, if the Council determines the territory is not necessary or suitable for Town purposes or if
it is determined that disannexation is required as a result of a valid municipal purpose, and may
exchange territory with other municipalities. When the disannexation ordinance is passed, the
disannexed territory shall cease to be a part of the Town. The disannexed territory shall remain
liable for its pro rata share of any indebtedness incurred while the area was a part of the Town
and the Town shall continue to levy, assess and collect taxes on the property in the disannexed
territory until such indebtedness has been paid.
State law reference–Disannexation, V.T.C.A., Local Government Code, sec. 43.141 et seq.
Article II. Powers of the Town*
2.01 Enumerated Powers Not Exclusive
The Town shall have the powers which are herein expressly provided as well as all powers that
are now or which hereafter may be granted to municipalities by the Constitution or laws of the
State of Texas, together with all the implied powers necessary to execute such granted powers.
The enumeration of particular powers in the Charter shall not be held or deemed to be exclusive
of those powers not expressly enumerated but shall be cumulative and shall not be interpreted as
limiting the Town’s power in any way.
2.02 Eminent Domain
The Town shall have full right, power and authority to exercise the power of eminent domain
when necessary or desirable to carry out any of the powers conferred upon it by this Charter, or
by the Constitution, by the laws of the State of Texas or by Town ordinance. The power of
eminent domain hereby conferred shall include the right of the Town to take the fee, easement
and other interest in the lands so condemned, and such power and authority shall include the right
to condemn public and private property for such purposes. The Town shall have and possess this
* State law references–Powers of home-rule municipality, V.T.C.S. art. 1175; general powers of home-
rule municipality, V.T.C.A., Local Government Code, sec. 51.071 et seq.; authority of local self-
government, V.T.C.A., Local Government Code, sec. 51.072.
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power of condemnation of property within or without the corporate limits for any municipal or
public purposes, even though not specifically enumerated herein or in this Charter.
State law references–Eminent domain, V.T.C.A., Property Code, ch. 21; municipal right of eminent
domain, V.T.C.A., Local Government Code, ch. 251.
2.03 Power to Acquire Property Inside and Outside the Town for Any Lawful
Purposes
The Town shall have the power to sell and to acquire by purchase either private or public
property located inside or outside of the corporate limits for any lawful purposes.
State law reference–Authority relating to property, V.T.C.A., Local Government Code, sec. 51.076.
Article III. The Council
3.01 Number, Selection, Term
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 (e.g., Place 1, Place 2, Place 3, etc.).
(Section 3.01 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 18, adopted 5/21/13)
3.02 Qualifications
(a) Each person who becomes a candidate for Mayor or Councilmember shall meet the
following qualifications:
(1) be at least eighteen (18) 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;
(6) no employee of the Town shall continue in such position after becoming a candidate
for a Town elective office; and,
(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.
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(b) The Council shall be the judge of the qualifications of candidates for office in accordance
with Section 3.04(b) and for these purposes shall have the power to subpoena witnesses and
require the production of records.
(Subsection (a)(1) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4,
adopted 5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 3, adopted
5/21/13. Subsection (a)(7) added by May 9, 2009 election, effected by Ordinance 2009-12, prop.
5, adopted 5/18/09 Subsection (b) amended by May 11, 2013 election, effected by Ordinance
2013-15, prop. 4, adopted 5/21/13.)
State law reference–Age and residence requirements for home-rule city office, V.T.C.A., Election Code,
sec. 141.003.
3.03 Number, Selection, Term[,] Council Judge of Election of Members
The Council shall be the judge of the election and qualifications of its own members, subject to
review of the courts in case of contest. The Council shall after each regular or special election,
canvass the return and declare the results of each election as required by law.
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) violates any express prohibition of this Charter;
(3) is convicted of a felony crime or is convicted of a crime involving moral turpitude;
or,
(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; provided however, that if any
member is convicted of a felony or a crime of moral turpitude while in office, the office shall
immediately and automatically become vacant without any requirement for action by the Council.
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.
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(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.
(Subsection (b)(2) added and former subsections (b)(2) and (b)(3) renumbered to (b)(3) and (b)(4)
by May 9, 2009 election, effected by Ordinance 2009-12, prop. 6, adopted 5/18/09. The closing
paragraph of subsection (b) amended by May 11, 2013 election, effected by Ordinance 2013-15,
prop. 4, adopted 5/21/13. Subsection (c) amended and Subsection (d) and (e) added by May 9,
2009 election, effected by Ordinance 2009-12, props. 4, 7, adopted 5/18/09)
State law reference–Special election to fill vacancy generally, V.T.C.A., Election Code, sec. 201.051 et
seq.
3.05 Compensation
The Mayor and Councilmembers shall serve without pay or compensation; provided, however,
that they shall be entitled to reimbursement of any necessary expenses incurred in the
performance of their official duties, when approved by Council or their designee.
State law reference–Compensation of officers in home-rule municipality, V.T.C.A., Local Government
Code, sec. 141.004.
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
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.
(Section 3.06 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 9, adopted
5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 5, adopted 5/21/13)
Editor’s note–Former section 3.06A pertaining to the mayor and amended by May 9, 2009 election
effected by Ordinance 2009-12, prop. 19, adopted 3/9/09 and renumbered by Ordinance 2009-21 adopted
8/24/09 was repealed by May 11, 2013 election, effected by Ordinance 2013-15, prop. 5, adopted 5/21/13)
3.07 Mayor Pro-Tem
The Council, at its first meeting after election of Councilmembers, shall elect one of its number as
Mayor Pro Tem. He shall perform all the duties of the Mayor in the absence or disability of the
Mayor.
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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;
(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;
(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;
(l) 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;
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(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.
(Subsection (b) amended, Subsection (d) added, and subsections (a) – (v) renumbered accordingly
by May 9, 2009 election, effected by Ordinance 2009-12, prop. 19, adopted 5/18/09)
3.09 Meetings of the Council
The Council shall hold at least two (2) regular meetings a month for at least seven (7) months and
a minimum of one meeting during each of the other five (5) months at a time to be fixed by
Council for such regular meetings. Council may hold as many other meetings as may be
necessary for the transaction of the business of the Town. All regular meetings shall be held at the
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Municipal Building or at such other places within town limits as will permit the attendance of the
general public. All meetings will be held in accordance with open meeting laws of the State of
Texas.
State law reference–Open meetings, V.T.C.A., Government Code, ch. 551.
3.10 Special Meetings
The Mayor or any three (3) 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.
3.11 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 two (2) Councilmembers, or the Mayor, 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.
(Subsection (b) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 10,
adopted 5/18/09)
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.
(Section 3.12 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 9, adopted
5/18/09)
3.13 Interference in Town Manager Appointments and Removals or Duties
Neither the Council nor any of its members shall direct or request the appointment of any person
to or his removal from office by the Town Manager or by any of his subordinates. However, the
Council may consult and advise with the Town Manager, make inquiry regarding the
appointments or removals and may express their opinion in regard thereto. In regard to
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administrative and executive duties under the Town Manager, the Council and its members shall
deal solely through the Town Manager, either publicly or privately.
3.14 Action Requiring an Ordinance
In addition to other acts required by law or by specific provision of this Charter to be done by
ordinance, those acts of the Council shall be by ordinance which:
(a) Adopt or amend an administrative code;
(b) Provide for a fine or other penalty or establish a rule or regulation for violation of
which a fine or other penalty is imposed;
(c) Levy taxes;
(d) Grant, renew or extend a franchise;
(e) Regulate the rate charged for its services by a public utility;
(f) Authorize the borrowing of money that cannot be repaid within the current fiscal
year;
(g) Convey, lease or authorize the conveyance or lease of any lands of the Town;
(h) Regulate land use and development;
(i) Amend or repeal any ordinance previously adopted; and,
(j) Adopt an annual budget.
Acts other than those referred to in the preceding sentence may be done either by ordinance or by
resolution provided that such action is in compliance with applicable law.
State law reference–Ordinance, rule or regulation necessary to carry out other powers, V.T.C.A., Local
Government Code, sec. 51.001.
3.15 Form of Ordinances
Every proposed ordinance shall be introduced in writing and in substantially the form required for
final adoption. The subject of the ordinance shall be clearly expressed in its title. The enacting
clause of every ordinance shall be in accordance with State law. Any ordinance which repeals or
amends an existing ordinance or part of the Town code shall clearly set forth the provision or
provisions being repealed or amended and, if amended, shall further clearly set forth the
amendment being made.
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.
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(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 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.
(Subsection (b) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 9,
adopted 5/18/09)
State law reference–Publication of ordinances, V.T.C.A., Local Government Code, sec. 52.013.
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, and shall be adopted as authorized by applicable state or federal law.
After adoption the ordinance shall be published as required by law, but may become effective
immediately upon enactment.
(Section 3.17 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 9, adopted
5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 6, adopted 5/21/13)
3.18 Bonds for Employees
The Town Manager and the Town Secretary and such other Town officers and employees as the
Council may require, shall, before entering upon the duties of their office, enter into a good and
sufficient fidelity bond in a sum to be determined by the Council payable to the Town, and
conditioned upon the faithful discharge of the duties of such persons, and upon the faithful
accounting for all monies, credits and things of value coming into the hands of such persons, and
such bonds shall be signed as surety by some company authorized to do business under the laws
of the State of Texas. Premium of such bonds shall be paid by the Town, and such bonds must be
acceptable to the Council.
State law reference–Official bonds, V.T.C.A., Government Code, ch. 604.
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3.19 Investigative Powers of the Council
The Council, by the affirmative vote of a quorum, shall have the power to authorize an inquiry or
investigation into the official conduct of any office, department, or agency of the Town.
(Section 3.19 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 7,
adopted 5/21/13)
3.20 Conflict of Interest and Abstention
(a) 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 shall openly declare same before
discussion proceeds, and he 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.
(b) 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.
(Section 3.20 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 11,
adopted 5/18/09)
Editor’s note–The election held May 9, 2009 amended Article III to add a section entitled “Conflict of
Interest and Abstention” numbered as Section 3.20 and replacing the current Section 3.20 of Article III
which was amended, renumbered and moved to Article IX, Section 9.09 effected by Ordinance 2009-12,
prop. 19, adopted May 18, 2009.
State law references–Conflicts of interest of officers, V.T.C.A., Local Government Code, ch. 171; public
disclosure, V.T.C.A., Government Code, ch. 553.
3.21 Indemnification of Officers
The Council may, by appropriate ordinance, provide for the indemnification and defense of the
officers and employees of the Town, including members of the Council, or any board,
commission, or committee, including volunteers, against any loss, cost, or expense arising out of
or related to the discharge of official duties, to the extent such indemnification is allowed by law
and to the extent such actions or inactions are covered under the terms of the Town’s general
liability insurance coverage. Under no circumstances shall indemnification be provided for any
act arising out of the intentional or knowing violation of any penal statute or for any personal or
private business of such officer, employee, member or volunteer, or for any criminal misconduct.
(Section 3.21 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 8,
adopted 5/21/13)
3.22 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
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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 2010 election and all subsequent elections. Election terms
previously served or being served at the May of 2010 election are not counted in the application
of term limits.
(Section 3.22 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 23,
adopted 5/18/09)
Article IV. Administrative Services*
4.01 Administrative Departments
Administrative departments shall be established by the Town Manager. The head of each
department shall be appointed by the Town Manager and shall be subject to the direction and
supervision of the Town Manager.
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.
(b) The method of selection shall be left to the discretion of the Council so long as the method
insures orderly, non-partisan action toward securing a competent and qualified person to fill the
position. The Town Manager shall be chosen upon the basis of administrative training,
experience, ability, character and other such professional qualifications as determined appropriate
by Council.
(c) Neither the Mayor nor any Councilmember may be appointed Town Manager or acting
Town Manager while holding office or for a period of two (2) years thereafter.
(d) The Town Manager shall establish residency in the Town unless excused by Council.
(Subsection (a) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12,
adopted 5/18/09)
4.03 Compensation
The Town Manager shall receive compensation as may be fixed by the Council.
State law reference–Compensation of officers in home-rule municipality, V.T.C.A., Local Government
Code, sec. 141.004.
4.04 Term and Removal
The Town Manager shall not be appointed for a definite term but may be removed at the
discretion of the Council by majority vote of the Council. Such action taken by Council shall be
done in accordance with the personnel policies of the Town applicable to at-will employees. The
action of the Council in suspending or removing the Town Manager shall be final. It is the
* State law reference–Creation of municipal offices, V.T.C.A., Local Government Code, sec. 26.041.
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intention of this Charter to vest all authority and fix all responsibilities of such suspension or
removal in the Council.
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 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) On an annual basis, submit to the Town Council and make available to the public a
complete report on the finances and administrative activities of the Town’s prior
fiscal year;
(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 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;
(l) 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,
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(o) Recommend to the Council rules and regulations to be adopted by ordinances to
protect the safety and security of the municipal records.
(Subsections (f), (g), (j) and (k) added and subsections (f), (g), (h), (i), (j) and (k) renumbered to
(h), (i), (l), (m) (n) and (o) by May 9, 2009 election, effected by Ordinance 2009-12, prop. 19,
adopted 5/18/09. Subsection (f) amended by May 11, 2013 election, effected by Ordinance 2013-
15, prop. 9, adopted 5/21/13. Subsection (o) amended by May 11, 2013 election, effected by
Ordinance 2013-15, prop. 10, adopted 5/21/13)
4.06 Acting Town Manager
(a) The Town Manager, within thirty (30) days after taking office, shall designate, by letter
filed with the Town Secretary, a qualified administrative officer of the Town to perform the
duties of the Town Manager in his absence or disability. Such designation shall be subject to
approval of the Council. No member of the Council shall serve as Acting Town Manager. Upon
resignation or termination of the Town Manager, the Acting Town Manager shall perform the
duties of the Town Manager until a new Town Manager or Acting Town Manager is appointed by
the Council.
(b) Should the need for an Acting Town Manager occur prior to the Town Manager submitting
a designee or prior to the Council’s approval of the Town Manager’s designee, the Council shall
appoint an Acting Town Manager.
(c) The Town Manager may select a different Acting Town Manager by repeating the letter of
designation and obtaining the Council’s approval for designation of a new Acting Town Manager.
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.
(Section 4.07 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12,
adopted 5/18/09)
4.08 Duties of the Town Secretary
The Town Secretary shall:
(a) Record the minutes of all official meetings of the Council; provided, however, only
the captions of duly enacted ordinances and resolutions shall be recorded in the
minutes;
(b) Hold and maintain the Town Seal and affix to all instruments requiring such seal;
(c) Verify the sufficiency of any petition for recall, initiative, or referendum based upon
the requirements of this Charter and all applicable laws; and,
(d) Be the custodian of all municipal records of the Town; and
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(e) Perform such other duties as may be required by the Council, the Town Manager, this
Charter or the laws of the State of Texas.
(Subsection (e) (renumbered to subsection (d)) added by May 11, 2013 election, effected by
Ordinance 2013-15, prop. 10, adopted 5/21/13; subsections (d) and (e) renumbered by Ordinance
2015-43, sec. 2.01, adopted 12/8/15)
4.09 Compensation
The Council shall set the compensation of the Town Secretary. The authority to set compensation
may be delegated at the discretion of Council.
4.10 Municipal Court
There shall be a court designated to serve the Town as the Municipal Court for the trial of
misdemeanor offenses, with all such powers and duties as are now, or may hereafter be,
prescribed by laws of the State of Texas relative to Municipal Courts.
(Section 4.10 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 11,
adopted 5/21/13)
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.
(Section 4.11 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12,
adopted 5/18/09)
4.12 Clerk of the Court
The Council shall by ordinance provide for the appointment and oversight of a Clerk, Deputy
Clerk and such other personnel that the Council determines appropriate to serve the Municipal
Court of the Town. The duties and authority of all Court personnel shall be in accordance with
state law and Town ordinance.
(Section 4.12 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12,
adopted 5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 12, adopted
5/21/13)
4.13 Fines
All costs and fines imposed by the Municipal Court shall be paid to the Town general fund for the
use and benefit of the Town, unless otherwise required by State law.
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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.
(Section 4.14 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12,
adopted 5/18/09)
4.15 Professional Services
The Council may employ such professional consultants, including engineers, planners, architects
or others whom it finds appropriate and in the best interest of the Town to engage. The Council
may fix the compensation of such professionals and work directly with them or direct that they
work with the Town Manager or his designee. The authority to set compensation may be
delegated at the discretion of Council.
4.16 Town Boards, Commissions and Corporations
(a) Members of boards, commissions and corporations appointed by the Town shall serve
without compensation, provided, however, that they shall be entitled to reimbursement of any
necessary expenses incurred in the performance of their official duties, when approved by
Council or their designee.
(b) A person who holds a paid or elected position with the Town is not eligible to serve on a
board, commission or corporation.
(c) All boards, commissions and corporations shall maintain minutes of their meetings which
shall be public records and which indicate, at a minimum, the members present, the subject of
matters considered and the result of any vote taken. The minutes shall also indicate how each
member voted on each matter.
4.17 Personal Financial Interest
Any officer or employee who has any substantial financial interest, direct or indirect, or by reason
of ownership of stock or shares of a business entity, or in any contract with the Town, or in the
sale of any land, material, supplies or services to the Town or to a contractor supplying the Town
shall make known that interest and shall refrain from voting upon or otherwise participating in his
capacity as a Town officer or employee in the making of such sale or in the making or performing
of such contract.
Any Town officer or employee who knowingly or intentionally conceals such a financial interest
or knowingly or intentionally violates the requirements of this section shall be guilty of
malfeasance in office or position and shall forfeit his office or position.
Violation of this section with the knowledge, express or implied, of the person or corporation
contracting with or making a sale to the Town shall render the contract or sale voidable by the
Town Manager or the Council.
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4.18 Accepting Gifts, Etc.
No officer or employee of the Town shall ever solicit, agree to accept or accept, directly or
indirectly, any gift, favor or privilege from any public utility corporation, or other corporation,
person or persons, enjoying a grant, contract, franchise, privilege or easement from or with said
Town, during the term of office of such officer, or during such employment of such employee,
except as may be authorized by law, resolution or ordinance. Any officer or employee of the
Town who shall violate a provision of this section shall forfeit his office.
In addition to the penalties imposed by State law for a violation of this section, any person
convicted of a violation of this Section shall be ineligible for a period of five (5) years following
such conviction to hold any Town office or position and, if an officer or employee of the Town,
shall immediately forfeit his office or position. The Council may establish by ordinance such
further penalties as it may deem appropriate.
Article V. Nominations and Elections*
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 2009 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 2011 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 2008 election shall draw lots to determine Places
3, 4, and 5. At the May 2010 election, Places 3 and 4 shall receive two year terms and
Place 5 shall receive a three year term; thereafter, Places 3, 4, and 5 shall have three-
year terms.
(d) A Councilmember shall be elected to Place 6 at the November 2013 election for an
initial term of office expiring at the May, 2016 election; thereafter Place 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.
* State law reference–Applicability of Election Code, V.T.C.A., Election Code, sec. 1.002.
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(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. (See Editor’s note 1 below)
(h) 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. (See Editor’s note 2 below)
(Subsections (a)–(e) amended, subsections (f) and (g) added by May 9, 2009 election, effected by
Ordinance 2009-12, prop. 4, adopted 5/18/09. Subsection 5.01(e) added by May 9, 2009 election,
effected by Ordinance 2009-12, prop. 13, adopted 5/18/09 and renumbered to subsection (h) by
Ordinance 2009-21 adopted 8/24/09. First two paragraphs and subsection (d) amended by May
11, 2013 election, effected by Ordinance 2013-15, prop. 18, adopted 5/21/13)
Editor’s note 1–Ref 5.01(e) and 5.01(h). The 2009 election ballot language did not allow for the
integration of two propositions into one section. For clarification, proposition #4 made the following
changes: Deleted the original 5.01(e) which read “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 Council. The
Council shall order a special election not less than thirty (30) days nor more than forty (40) days after the
regular election to resolve the tie vote as between such candidates. If the tie does not prevent the filling of
the vacancies then the special election shall not be required.” Added subsections “(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.”
Editor’s note 2–Ref 5.01(e) and 5.01(h). The 2009 election ballot language did not allow for the
integration of two propositions into one section. For clarification, proposition #13 made the following
changes: First sentence, following the word “by” deleted the word “Council” at the end of the sentence and
following the word “by” added “the Council in accordance with the Texas Election Code.” Deleted a
second sentence which read “The Council shall order a special election not less than thirty (30) days nor
more than forty (40) days after the regular election to resolve the tie vote as between such candidates.”
State law reference–Date for election of officers, V.T.C.A., Local Government Code, sec. 26.042.
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5.02 Regulation of Elections
All general and special elections shall be held in accordance with the laws of the State of Texas
regulating the holding of municipal elections and in accordance with this Charter and ordinances
or resolutions adopted by the Council for the conduct of elections. The Council shall appoint the
Election Judges and other election officials and shall provide for the compensation of all election
officials in the Town elections and for all other expenses in holding said elections.
State law reference–Appointment of election judges, V.T.C.A., Election Code, sec. 32.005.
5.03 Special Elections
The Council may call such special elections as are authorized by the State law, this Charter or for
any other reason the Council deems necessary. The Council shall fix the time and place of
holding same, and provide all means for holding such special elections in accordance with State
law.
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.
(Subsection (f) added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 5, adopted
5/18/09)
State law references–Eligibility for public office, V.T.C.A., Election Code, sec. 141.001 et seq.;
candidates for city office, V.T.C.A., Election Code, ch. 143.
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5.05 The Official Ballot
(a) Candidates Names on Ballots: The names of all candidates who have filed for office shall
be printed on the official ballots without party designation. The order on the ballot of the names
of the candidates for each office or position shall be determined by lot in a drawing to be held
under the supervision of the Town Secretary, or as otherwise required by State law.
(b) Early voting shall be governed by the Texas Election Code.
State law reference–Ballot form, content and preparation, V.T.C.A., Election Code, ch. 52.
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, including without limitation, any provision
that alters the requirements of this Charter. 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.
(Section 5.06 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 13, adopted 5/21/13)
State law reference–Canvassing elections, V.T.C.A., Election Code, ch. 67.
5.07 Notification of Town Officers
The Town Secretary, with the concurrence of the Council, shall promptly notify all persons
elected to office. A candidate who is elected in a regular or special Town election shall, after
taking the oath of office as prescribed herein, take office, and enter upon his duties at the next
Council meeting at which he is legally eligible to participate.
5.08 Oath of Office
Every officer of the Town, whether elected or appointed, shall take the oath of office as
prescribed by the Texas Constitution or other applicable law prior to assuming office.
State constitution reference–Oath of office, Texas Constitution, art. 16, sec. 1.
Article VI. Recall
6.01A Scope of Recall
Any elected Town official shall be subject to recall and removal from office by the qualified
voters of the Town on any one or more of the following grounds: incompetency, misconduct,
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malfeasance in office or who knowingly or intentionally violates any express prohibition of the
Charter.
In this section:
(a) “Incompetency” means (a) gross ignorance of official duties; or (b) gross
carelessness in the discharge of official duties; or (c) inability or unfitness to
promptly and properly discharge official duties because of a serious mental or
physical defect that did not exist at the time of the officer’s election. The term is used
in a sense that the Town official has exceeded his or her authority by defying or
overruling lawful actions done by the Town Council.
(b) “Official misconduct” means intentional unlawful behavior relating to official duties
by a Town Official entrusted with the administration of justice or the execution of the
law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town
Official to perform a duty imposed on the officer by law.
(c) “Malfeasance” means the doing of an act by a Town Official through ignorance,
inattention, or malice, which act the official had no legal right or authority to do, or
which act exceeds or abuses the official’s rightful authority or powers; or the failure
to do an act which the Town Official had a legal duty to do.
(Section 6.01 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 14,
adopted 5/18/09 and renumbered to 6.01A by Ordinance 2009-21 adopted 8/24/09. Introductory
paragraph amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 14, adopted
5/21/13)
Editor’s note–Former Section 6.01 pertaining to scope of recall and amended by May 9, 2009 election,
effected by Ordinance 2009-12, prop. 4, adopted 5/18/09 was repealed by May 11, 2013 election, effected
by Ordinance 2013-15, prop. 14, adopted 5/21/13.
6.02 Petition for Recall
Before the question of recall of such officer shall be submitted to the qualified voters of the
Town, a petition demanding such question to be so submitted shall first be filed with the person
performing the duties of the Town Secretary, which petition shall be signed by a number equal to
at least twenty percent (20%) of those who were qualified voters on the date of the last regular
municipal election as determined from the list of qualified voters maintained by the County
Election Administrator. All signatures must be in compliance with the requirements set out in the
Texas Election Code.
(Section 6.02 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 13,
adopted 5/18/09)
6.03 Form of Recall and Oath
The recall petition must be addressed to the Council, must distinctly and specifically point out the
ground or grounds upon which such petition for removal is predicated and, if there be more than
one (1) ground, such as for incompetency, misconduct, or malfeasance in office shall specifically
state each ground with such certainty as to give the Officer sought to be removed notice of the
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matters and things with which he is charged on each ground. The signature shall be verified by
oath in the following form:
STATE OF TEXAS §
COUNTY OF ________ §
I, ____________, being first duly sworn, on oath depose and say that I am one of the
signers of the above petition and that each signature appearing thereto was made in my
presence on the day and date it purports to have been made, and I solemnly swear that the
same is the genuine signature of the person whose name it purports to be.
Subscribed and sworn to before me this ______ day of ____________, ____.
__________________________
Notary Public, ____________ County, Texas
(Section 6.03 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 14,
adopted 5/18/09)
6.04 Procedure After Filing Petition for Recall
(a) Upon the filing of a petition, the Town Secretary shall review the petition to determine the
existence of the requisite number of signatures of qualified voters and whether the form of the
petition complies with the provisions of this Charter. The Town Attorney shall review the petition
for legal sufficiency.
(b) Within ten (10) business days after the petition is filed, the Town Secretary shall complete
a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is
defective and shall promptly send a copy of the certificate to the person(s) who filed the petition
by registered mail.
(c) A petition certified insufficient for lack of the required number of valid signatures or due to
inadequate form or content may be amended once if each of the following requirements are met:
(1) the person(s) who filed the petition with the Town Secretary files a notice of
intention to amend it with the Town Secretary within five (5) business days after
receiving the copy of this certificate via registered mail; and,
(2) such person(s) also file a supplementary petition upon additional papers within ten
(10) business days after receiving the copy of such certificate. Such supplementary
petition shall comply with the requirements of section 6.02. Within five (5) business
days after the supplementary petition is filed, the Town Secretary shall complete a
certificate as to the sufficiency of the petition as amended and promptly send a copy
of such certificate to the person(s) who filed the petition for recall via registered mail
as in the case of an original petition.
(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.
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(e) No signature to a recall petition shall remain effective or be counted if it was placed upon
the petition more than forty-five (45) days prior to filing of the recall petition with the Town
Secretary.
(f) If the Councilmember whose removal is sought does not resign within seven (7) days after
the certified petition is presented to the Council, the Council, at its next regular meeting or at a
specially called meeting, shall order a recall election. The date selected for the recall election
shall be the earliest available date in accordance with the Texas Election Code for which all legal
requirements to verify the petition and call the election may be met.
(Subsection (g) deleted by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09 and subsection (f) amended by May 9, 2009 election, effected by 2009-12, prop. 13,
adopted 5/18/09)
6.05 Public Notice
The Council shall make or cause to be made publication or notice and provide for holding such
election for the successor Councilmember, and the same shall be conducted, and the result thereof
declared in all respects as other Town elections.
6.06 Official Ballot
Any Officer so elected shall hold office only during the unexpired term of his predecessor. Any
person sought to be removed may be a candidate to succeed himself and, unless he requests
otherwise in writing, the Town Secretary shall place his name on the official ballot without
nomination. The names of other candidates for such position shall be placed on the official ballot
in the same manner as provided in Article V of this Charter. At such election, the candidate
receiving a majority of all votes cast for such office, according to the rules regulating the election
of Councilmembers as set forth in this Charter, shall be declared elected. At such election, if
some person other than the incumbent receives a majority of all votes cast for such office, the
incumbent shall thereupon be deemed removed from the office upon the qualification of his
successor. In case the party who receives a majority of all votes cast at said election should fail to
qualify within the (10) days after receiving notification of his election, the office shall then
become vacant. If the incumbent receives a majority of all votes cast at such election, he shall
continue in office and shall not be subject to any other recall for any grounds existing prior to said
election. In the event that a runoff election is required, the procedure set forth shall be followed.
(Section 6.06 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09)
6.07 Recall Petition Prohibited
No recall petition shall be filed against any Officer of the Town within six (6) months after his
election, nor within six (6) months after an election for such Officer’s recall[.]
6.08 Refusal of Recall Petition
In case all of the requirements of this Charter shall have been met and the Council shall fail or
refuse to receive the recall petition, or order such recall election, or discharge any other duties
imposed upon said Council by the provisions of this Charter with reference to such recall, then
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the County Judge of Denton County, Texas, shall discharge any of such duties herein provided to
be discharged by the person performing the duties of Town Secretary, or by the Council.
Article VII. Legislation By The People, Initiative and Referendum
7.01 Initiative Generally
The people of the Town reserve the power of direct legislation by initiative, and in the exercise of
such power, may propose any ordinance not in conflict with this Charter, the State Constitution or
the State laws, except an ordinance appropriating money or authorizing the levy of taxes or an
ordinance repealing an ordinance appropriating money or levying taxes.
7.02 Petition
Qualified voters of the Town may initiate legislation by submitting a petition addressed to the
Council which requests the submission of a proposed ordinance or resolution to a vote of the
qualified voters of the Town. Said petition must be signed by qualified voters of the Town equal
in number to twenty (20) percent of the number of qualified voters at the last regular municipal
election of the Town, and each copy of the petition shall have attached to it a copy of the
proposed legislation. The petition shall be signed in the same manner as recall petitions are
signed, as provided in Section 6.02 of this Charter, and shall be verified by oath in the manner
and form provided for recall petitions in Section 6.03 of this Charter. The petition may consist of
one or more copies as permitted for recall petitions in Section 6.04 of this Charter. Such petitions
shall be filed with the person performing the duties of Town Secretary, who after verification of
the petition as provided in Section 6.04 of this Charter, shall present the petition and proposed
ordinance or resolution to the Council at its next regular or special meeting called for this
purpose. Upon presentation to the Council of the petition and draft of the proposal, ordinance or
resolution, it shall become the duty of the Council, within the twenty (20) days from the date of
presentation to determine whether the proposed ordinance complies with Section 7.01 and to
either vote to adopt such ordinance or resolution without alteration as to meaning or effect or to
call a special election. A special election shall be held on the earliest available date in accordance
with the Texas Election Code for which all legal requirements to verify the petition and call the
election may be met. At the election, the qualified voters of the Town shall be allowed the
opportunity to vote on the question of adopting or rejecting the proposed legislation. However, if
any other municipal election is to be held within sixty (60) days after the filing of the petition, the
question may be voted on at such election.
(Section 7.02 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 13,
adopted 5/18/09)
7.03 Referendum
Qualified voters of the Town may require that any ordinance or resolution passed by the Council
be submitted to the voters of the Town for approval or disapproval by submitting a petition for
this purpose within forty-five (45) days after the ordinance or resolution becomes effective. Said
petition shall be addressed, prepared, signed and verified as required for petitions initiating
legislation as provided in Section 7.02 of this Charter and shall be submitted to the person
performing the duties of Town Secretary. The Town Secretary shall present the petition to the
Council at its next regular or special meeting called for this purpose. Upon presentation of the
petition to the Council, it shall become the duty of the Council, within twenty (20) days from the
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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.
(Section 7.03 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 13,
adopted 5/18/09)
7.04 Voluntary Submission of Legislation by the Council
The Council, upon its own motion and by a majority vote of its members, may submit to popular
vote at any election for adoption or rejection any proposed ordinance or resolution or measure, or
may submit for repeal any existing ordinance, resolution or measure, in the same manner and
with the same force and effect as provided in this Article for submission on petition, and may in
its discretion call a special election for this purpose.
7.05 Form of Ballots
The ballots used when voting upon such proposed and referred ordinances, resolutions or
measures, shall set forth their nature sufficiently to identify them and shall also set forth upon
separate lines the words: “FOR the ORDINANCE,” and “AGAINST the ORDINANCE,” or
“FOR the RESOLUTION,” and “AGAINST the RESOLUTION”.
7.06 Publication of Proposed and Referred Ordinances
The person performing the duties of Town Secretary shall publish the proposed or referred
ordinance or resolution in accordance with State law, and shall give such other notices and do
such other things relative to such election as are required in general municipal elections or by the
ordinance or resolution calling said election.
7.07 Adoption of Ordinances
If a majority of the qualified voters voting on any proposed ordinance or resolution or measure
shall vote in favor thereof, it shall thereupon, or at any time fixed therein, become effective as a
law or as a mandatory order of the Council.
7.08 Inconsistent Ordinances
If the provisions of two or more proposed ordinances or resolutions approved at the same election
are inconsistent, the ordinance or resolution receiving the highest number of votes shall prevail.
7.09 Ordinances Passed by Popular Vote: Repeal or Amendment
No ordinance or resolution which may have been passed by the Council upon a petition or
adopted by popular vote under the provisions of this Article shall be repealed or amended except
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by the Council in response to a referendum petition or by submission as provided in Section 7.04
of this Charter.
7.10 Further Regulations by Council
The Council may pass ordinances or resolutions providing other and further regulations for
carrying out the provisions of this Article not inconsistent herewith.
Article VIII. Municipal Planning and Zoning*
8.01 State Law Adopted - Zoning
The Council shall have the power and authority to zone the Town and to pass all necessary
ordinances, rules and regulations governing same, under and by virtue of the authority given to
cities and the legislative bodies thereof by the Texas Local Government Code, together with all
amendments which may hereafter be made thereto, and all other applicable law.
State law reference–Municipal zoning authority, V.T.C.A., Local Government Code, ch. 211.
8.02 State Law Adopted - Subdivision Regulation
The Council shall have the power and authority to regulate the layout, development and platting
of the subdivisions of land within the Town and its extraterritorial jurisdiction and to pass all
necessary ordinances, rules and regulations governing same, under and by virtue of the authority
given to cities and the legislative bodies thereof by the Texas Local Government Code, together
with all amendments which may hereafter be made thereto, and all other applicable law.
State law reference–Regulation of subdivision and property development, V.T.C.A., Local Government
Code, ch. 212.
8.03 The Planning and Zoning Commission
There shall be established a Planning and Zoning Commission which shall consist of seven (7)
citizens from the Town. The members of said Commission shall be appointed by the Council for
a term of two (2) years. Four (4) members of the Planning and Zoning Commission shall be so
appointed each odd-numbered year and three (3) members shall be so appointed each even-
numbered year. The Council shall appoint a chairman from among the Commission’s
membership. Vacancies and unexpired terms shall be filled by the Council for the remainder of
the term. A majority of the members shall constitute a quorum.
A member of the Commission may be removed by a majority vote of the Council. If a vacancy
occurs upon the Planning and Zoning Commission, by either resignation or otherwise, the
Council shall appoint a commissioner to fill such a vacancy for the unexpired term. The
* State law reference–Planning and zoning generally, V.T.C.A., Local Government Code, chs. 211, 212,
371.
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Commission shall keep minutes of its proceedings which shall be a public record. No member of
the Planning and Zoning Commission shall hold another salaried or elected Town office.
State law reference–Authority of municipality to establish planning and zoning commission, V.T.C.A.,
Local Government Code, sec. 211.007.
8.04 Purpose, Objective, Power and Duties
The Planning and Zoning Commission is created to act as an advisory board to the Council in
matters relating to the physical development of the Town. The Commission is expected to advise
the Council on matters relating to the zoning and planning of land and related public
improvements, civic improvements, opening, widening, and changing of streets, routing of public
utilities, development of regulatory ordinances, annexation proposals/plans and such other
matters related to Town improvements as the Commission and Council may deem beneficial to
the Town. In addition to the other duties and authority that the Commission may have under state
law or under Town ordinance, the specifically delegated duties of the Commission shall be as
follows:
(a) Recommend a comprehensive master plan for the physical development of the Town
together with its related components;
(b) Conduct periodic reviews of the Town’s comprehensive master plan and its
component elements to recommend modifications, changes, revisions or updates to
ensure that the comprehensive master plan adequately and accurately reflects the
policy, goals and objectives of the Town;
(c) Hold required public hearings on any proposed changes to the zoning plan, map, and
ordinances of the Town for the purpose of making recommendations to the Council
on the reasonableness of these proposals;
(d) Recommend any change to the zoning plan, map or ordinances of the Town where
the Commission deems it necessary in the furtherance of the Town’s comprehensive
master plan;
(e) Conduct appropriate hearings on any proposals for the subdivision/platting of land
within the corporate limits of the Town and its extraterritorial jurisdiction pursuant to
the provisions of State law and requirements of the Town’s subdivision regulation
ordinances. The Commission shall take action on those proposals as it deems
appropriate and conforming to the requirements of the Town’s comprehensive master
plan. The Commission shall ensure that proposals for subdivision or development of
land are consistent with the Town’s plan components as an element of the review
process. As an element of this Charter, the Town has determined that it is a
reasonable legislative enactment to require subdivision plats to conform to the
Town’s comprehensive master plan and failure to achieve conformance shall be a
legitimate ground for the denial of a development proposal; and,
(f) The Commission shall hold such hearings and meetings as are mandated by the
Council on any matter determined appropriate by Council to secure information for
the purpose of making recommendations to the Council.
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8.05 Board of Adjustment
The Council shall appoint a Board of Adjustment which shall have all of the powers and authority
as set forth by State law, as amended, and other applicable laws, and such additional powers and
privileges as may be duly assigned to it by the ordinances of the Town.
State law reference–Establishment and authority of zoning board of adjustment, V.T.C.A., Local
Government Code, sec. 211.008 et seq.
8.06 Comprehensive Master Plan
No later than two (2) years after the adoption of this Charter, the Council shall adopt a
comprehensive master plan projecting for at least five (5) years the growth and physical
development of the Town pursuant to the provisions of State law. The Council shall establish and
adopt by ordinance a procedure for periodic review and/or revision of the comprehensive master
plan. The Town may adopt the comprehensive master plan by resolution or by ordinance
following a public hearing upon which public input is received. The purpose of the
comprehensive master plan is to guide the growth and development of the Town and to establish
the standards that the Town will seek to attain through the adoption of its development
regulations to include its zoning regulations, subdivision regulations, building and construction
regulations, landscaping regulations, signage regulations and other related police power
enactments. The comprehensive master plan shall identify the goals and objectives of the
community for growth and development and shall serve as the basis of the Town’s capital
improvement program for the development and construction of public works infrastructure.
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.
State law references–General fiscal power to establish fiscal year, V.T.C.A., Local Government Code, sec.
101.022; city fiscal year, V.T.C.A., Tax Code, sec. 1.05.
* State law references–General financial provisions applicable to home-rule municipality, V.T.C.A., Local
Government Code, sec. 101.021 et seq.; municipal budget, V.T.C.A., Local Government Code, ch. 102;
purchasing and contracting authority of municipality, V.T.C.A., Local Government Code, chs. 252, 271;
Public Security Procedures Act, V.T.C.A., Government Code, ch. 1201; municipal bonds, V.T.C.A.,
Government Code, ch. 1331; Texas Property Tax Code supersedes municipal charter, V.T.C.A., Tax Code,
sec. 1.02; local taxation, V.T.C.A., Tax Code, ch. 301 et seq.
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9.02 Submission
The Town Manager shall submit to the Council a proposed budget and accompanying message
each year in accordance with the requirements of State law.
(Section 9.02 added and former Section 9.02 renumbered to 9.04 by May 9, 2009 election,
effected by Ordinance 2009-12, prop. 19, adopted 5/18/09; amended by November 3, 2015
election, effected by Ordinance 2015-41 adopted 11/13/15)
State law reference–Annual budget required, V.T.C.A., Local Government Code, sec. 102.002.
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.
(Section 9.03 repealed and replaced by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
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:
(a) 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;
(b) 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
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(c) 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.
(Section 9.04 repealed and replaced by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09; subsections (1)–(3) renumbered to (a)–(c) by Ordinance 2015-43, sec.
2.02, adopted 12/8/15)
State law reference–Itemized budget and contents, V.T.C.A., Local Government Code, sec. 102.003.
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.
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(f) “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.
(Section 9.05 repealed and replaced by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
State law references–Public hearing on proposed budget, V.T.C.A., Local Government Code, sec.
102.006; special notice by publication for budget hearing, V.T.C.A., Local Government Code, sec.
102.0065; adoption of budget, V.T.C.A., Local Government Code, sec. 102.007.
9.06 Amendment 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.
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(f) Effective Date. The supplemental and emergency appropriations and reduction or transfer
of appropriations authorized by this section may be made effective immediately upon adoption.
(Section 9.06 repealed and replaced by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
State law references–Levy of taxes and expenditure of funds under budget, emergency expenditure,
V.T.C.A., Local Government Code, sec. 102.009; changes in budget for municipal purposes, V.T.C.A.,
Local Government Code, sec. 102.010.
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.
(Section 9.07 repealed and replaced by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
9.08 Capital Program
(a) Submission to Council. The Town Manager shall prepare and submit to the Council a five
(5) year capital program before the first day of August of each year. 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;
(2) 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) 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
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(8) Methods to measure outcomes and performance of the capital plan related to the
long-term goals of the community.
(Section 9.08 added and former Section 9.08 renumbered to 9.10 by May 9, 2009 election,
effected by Ordinance 2009-12, prop. 19, adopted 5/18/09. Subsection (a) amended by May 11,
2013 election, effected by Ordinance 2013-15, prop. 15, adopted 5/21/13)
State law reference–Financing capital improvements required by new development, V.T.C.A., Local
Government Code, ch. 395.
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.
(Section 9.09 repealed and Section 3.20 renumbered to become the new Section 9.09 by May 9,
2009 election, effected by Ordinance 2009-12, prop. 19, adopted 5/18/09)
State law reference–Audit of municipal finances, V.T.C.A., Local Government Code, ch. 103.
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.
(Former Section 9.08 renumbered to 9.10 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
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[.]
(Former Section 9.10 renumbered to 9.11 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
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9.12 Specified Reserve Fund
Specified reserve funds may be created for specific purposes, and may be used only for such
purposes.
(Former Section 9.14 renumbered to 9.12 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
9.13 Changes in Budget
The Council may make changes in the budget for any municipal purpose or as otherwise
permitted by law.
(Former Section 9.12 renumbered to 9.13 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
State law reference–Changes in budget for municipal purposes, V.T.C.A., Local Government Code, sec.
102.010.
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.
(Former Section 9.18 renumbered to 9.14 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
State law reference–Municipal bonds, V.T.C.A., Government Code, ch. 1331.
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.
(Former Section 9.19 renumbered to 9.15 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
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.
(Former Section 9.20 renumbered to 9.16 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
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9.17 Use of Bond Funds
Any and all bond funds approved by a vote of the qualified voter[s] of the Town will be expended
only for the purposes stated in the bond issue and as otherwise authorized by law.
(Former Section 9.21 renumbered to 9.17 amended by May 9, 2009 election, effected by
Ordinance 2009-12, prop. 19, adopted 5/18/09)
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.
(Former Section 9.22 renumbered to 9.18 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
State law references–Local taxation, V.T.C.A., Tax Code, ch. 301 et seq.; property taxes authorized,
V.T.C.A., Tax Code, sec. 302.001; occupation taxes, V.T.C.A., Tax Code, sec. 302.101; tax collection
powers, V.T.C.A, Tax Code, sec. 302.102.
9.19 Tax Rate
The tax rate shall be calculated, publicized and adopted in accordance with State law.
(Former Section 9.23 renumbered to 9.19 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
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.
(Former Section 9.24 renumbered to 9.20 by May 9, 2009 election, effected by Ordinance 2009-
12, prop. 19, adopted 5/18/09)
Article X. Franchises and Public Utilities*
10.01 Inalienability of Control of Public Property
The right of control and use of the public streets, highways, sidewalks, bridges, alleys, parks,
public squares, and all public places and real property of the Town is hereby declared to be
* State law references–Franchise to use streets in municipality, V.T.C.A., Transportation Code, sec.
311.071 et seq.; authority to grant franchise to use or occupy public grounds, V.T.C.A., Local Government
Code, sec. 282.003; municipal home-rule powers to regulate public utilities and franchises using streets,
etc., V.A.C.S., art. 1175; municipal utilities, V.T.C.A., Local Government Code, sec. 552.001 et seq.
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inalienable by the Town, except by ordinances not in conflict with the provisions of this Charter.
No act or omission by the Council, an Officer or Agent of the Town, or any third party shall be
construed to grant, renew, extend, or amend, expressly or by estoppel or implication, any right,
franchise, or easement affecting such public streets, highways, sidewalks, bridges, alleys, parks,
public squares, and all public places and real property of the Town, except as provided in this
Charter.
10.02 Powers of the Town
The Town shall have the power, right and authority, to buy, construct, lease, maintain, operate
and regulate public utilities, and to manufacture, distribute and sell the output of such utilities’
operations. Additionally, the Town shall have all further rights, authorities, and powers as may
now, or hereafter, be granted under the Constitution and laws of the State of Texas.
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.
(Section 10.03 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 24,
adopted 5/18/09)
10.04 Franchise Value Not to be Allowed
In fixing reasonable rates and charges for utility service within the Town and in determining the
just compensation to be paid by the Town for the public utility property which the Town may
acquire by condemnation or otherwise, nothing shall be included as the value of any franchise
granted by the Town under this Charter.
10.05 Right of Regulation
All grants, removals, extensions, or amendments of public utility franchises approved after the
effective date of this Charter, whether or not it be specifically provided in the ordinance
approving a franchise or in a franchise agreement, shall be subject to right and power of the
Council:
(a) To repeal the franchise ordinance at any time upon the failure of the grantee to
comply with any provision of the franchise ordinance, the Charter of the Town, an
applicable statute of the State of Texas, or the rules of any applicable governing
body;
(b) To require proper and adequate extension of plant and service, and the maintenance
of the plant and fixtures at the highest reasonable standard of efficiency;
(c) To establish reasonable standards of service and quality of products and prevent
unjust discrimination in service or rates;
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(d) At any time, to examine and audit the accounts and other records of any such utility,
and to require annual, and other reports, including reports on operations within the
Town;
(e) To require at any time compensation and rental for use of public streets, sidewalks,
highways, bridges, alleys, and public places;
(f) To require the franchisee to restore at the franchisee’s expense, all public or private
property to a condition equally as good as or better than before disturbed by
construction, repair or removal. The franchise holder in opening and refilling of all
earth openings shall repair the pavement and do all other work necessary to complete
restoration of streets, sidewalks or grounds to a condition equally as good or better as
when disturbed;
(g) To require every franchisee to furnish within a reasonable time to the Town, without
cost to the Town, a general map, with updates outlining the location, character, size,
length, and terminals of all facilities of such franchisee in, over, and under ground of
property in the Town and to provide detailed information on request in a format as
specified by the Town;
(h) To impose other regulations, requirements, and conditions as may be deemed
necessary to promote the health, safety, welfare, or accommodation of the public and
to insure safe, efficient and continuous service to the public;
(i) To require such compensation and rental as may be permitted by the laws of the State
of Texas; and,
(j) To require the franchisee to remove, at its sole expense, infrastructure that has not
been used for a period of six months or to require a franchisee whose franchise has
terminated for any reason to remove, at its sole expense, such infrastructure as the
Council may in its discretion require.
10.06 Consent of Property Owner
The consent of abutting and adjacent property owners shall not be required for the construction,
extension, maintenance or operation of any public utility; but, nothing in this Charter, or in any
franchise granted hereunder, shall ever be construed to deprive any such property owner of any
right of action for damage or injury to this property as now or hereafter provided by law.
10.07 Extensions
All extensions of public utilities within the town limits shall become a part of the aggregate
property of the public utility, shall be operated as such, and shall be subject to all the obligations
and reserved rights contained in this Charter and in any franchise grant made to such public
utility. The right to use and maintain any extensions shall terminate with the termination of the
original franchise grant, and shall be terminable as provided in Section 10.04 of this Charter. In
case of an extension of a public utility operated under a franchise hereafter granted, such right
shall be terminable at the same time and under the same conditions as the original grant.
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10.08 Other Conditions
All franchises heretofore granted are recognized as contracts between the Town and the
franchisee, and the contractual rights, as contained in any such franchise shall not be impaired by
the provisions of this Charter, except that the power of the Town to exercise the right of eminent
domain in the acquisition of utility property is in all things reserved, and except the general power
of the Town, to regulate the rates and services of a grantee, which shall include the right to
require proper and adequate extension of plant and service and the maintenance of the franchise
hereafter granted shall be held subject to all the terms and conditions contained in the various
sections of this article whether or not such terms are specifically mentioned in the franchise.
Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of
the Council, or voters of the Town, in imposing terms and conditions as may be reasonable in
connection with any franchise granted.
10.09 Accounts of Municipally Owned Utilities
Accounts shall be kept for each public utility owned or operated by the Town, in such manner as
to show the true and complete financial results of such ownership and operation, including all
assets and all liabilities, appropriately subdivided by classes, depreciation reserve, other reserves
and surplus; also revenues, operating expenses including depreciation interest payments, rental
and other disposition of annual income. The accounts shall show actual capital cost to the Town
of each public utility owned, also the cost of all extensions, additions and improvements and the
source of funds expended for such capital purposes. They shall show as nearly as possible the
cost of any service to or rendered by any such utility to any Town department. The Council shall
cause an annual report to be made by a Certified Public Accountant and shall publish such report,
showing the financial results of such Town ownership and operation, giving the information
specified in this section and such other data as the Council shall deem expedient.
10.10 Sales of Electricity, Water and Sewer Service
(a) The Council shall have the right, power and authority to sell and distribute electricity and
water, and to sell and provide for sewer services, and any other utilities, to any person, firm or
corporation inside or outside the limits of the Town, and to permit them to connect with said
system under contract with the Town, under such terms and conditions as may appear to be for
the best interest of the Town.
(b) The Council shall have the right, power and authority to prescribe the kind of materials
used inside or outside the limits of the Town in the construction of electric, water and sewer
utilities, where it furnishes the service, and to inspect the same and require them to keep in good
order and condition at all times and to make such rules and regulations as shall be necessary and
proper, and prescribe penalties for noncompliance with same.
10.11 Regulation of Rates and Service
The Council shall have the absolute right, authority and power after due notice and hearing, to
regulate by ordinance, the rates and services of every franchise operating in the Town; and shall
have the power to employ, at the expense of the franchisee, expert assistance and advice in
determining a reasonable rate and equitable profit to the franchisee. The Council shall also have
the right, authority, and power to require at any time or times, detailed reports and financial
statements on the operations of any franchise, which reports and statements shall be in such form,
and contain such information, as the Council shall prescribe.
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Article XI. General Provisions
11.01 Charter Authority
This Charter shall not be construed as a mere grant of enumerated powers, but shall be construed
as a general grant of power, and not as a limitation of power on the government of the Town.
Except where expressly prohibited by this Charter, each and every power under the Constitution
of Texas, which it would be competent for the people of the Town to grant expressly to the Town,
shall be construed to be granted to the Town by this Charter.
11.02 Public Records
Access to the records of every office, department or agency of the Town shall be subject to public
inspection as provided by law. This section shall not be construed to require any action or
measure beyond that required by state law.
State law references–Public access to records, V.T.C.A., Local Government Code, sec. 201.009; public
information, V.T.C.A., Government Code, ch. 552.
11.03 Property Not Subject to Execution
No property owned or held by the Town shall be subject to any execution of any kind or nature.
No lien of any kind or character can be created, and none shall ever exist or be established, on or
against the public buildings, property, public halls, parks, or public works or any other asset of
the Town.
State law reference–Authority relating to property, V.T.C.A., Local Government Code, sec. 51.076.
11.04 Town Not Required to Give Security or Execute Bond
It shall not be necessary in any action, suit or proceeding in which the Town is a party, for any
bond, undertaking, or security to be demanded or executed by or on behalf of the Town in any of
the State courts, but in all such actions, suits, appeals or proceedings, same shall be conducted in
the same manner as if such bond, undertaking or security had been given as required by law.
State law reference–Cities exempt from security for court costs, V.T.C.A., Civil Practice and Remedies
Code, sec. 6.002.
11.05 Notice of Injury or Damage
(a) Before the Town shall be liable for any claim for damages for the death or personal injuries
of any person or for damages to property, the complainant or his authorized representative shall
notify the Town Secretary in accordance with this Section. The notification shall be in writing
and shall state specifically how, when and where the death, injury or damage occurred; the
amount of loss claimed; and the identity of any witnesses upon whom it is relied to establish the
claim. The notification shall be filed within sixty (60) days of the date of injury or damage or in
the case of death, within sixty (60) days of the date of death.
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(b) No provision of this section shall ever be so construed as to expand the ordinary liability of
the Town; and provided, that nothing herein contained shall be construed to mean that the Town,
waives any rights, privileges, defenses or immunities in tort actions which are provided under the
common law, the Constitution, and general laws of the State of Texas.
State law references–Texas Tort Claims Act, V.T.C.A., Civil Practice and Remedies Code, ch. 101; notice
procedures, V.T.C.A., Civil Practice and Remedies Code, sec. 101.101
11.06 Powers to Remit Penalties
The governing body shall have the right to remit, in whole or in part, any civil fine or penalty
belonging to the Town, which may be imposed under any ordinance passed pursuant to this
Charter.
11.07 Property Not Exempt from Special Assessments
No property of any kind regardless of the ownership of the property, (except property of the
Town), shall be exempt in any way from any of the special taxes, charges, levies and assessments,
authorized or permitted by this Charter, for local improvement, for the public welfare except
where such exemption is required by law or where Council has the discretion to authorize such
exemption and a majority of Council votes to approve such exemption.
11.08 Town Depository
The provisions of the State laws governing the selection and designation of a Town depository
are hereby adopted as the law governing the selection and designation of a depository of and for
the Town.
State law reference–Depositories for municipal funds, V.T.C.A., Local Government Code, ch. 105.
11.09 Judicial Notice
This Charter shall be deemed a public act, and shall have the force and effect of a general law,
may be read in evidence without pleading or proof, and judicial notice shall be taken thereof in all
courts and places, without further proof.
11.10 Severability Clause
If any section or part of this Charter shall be held invalid by a Court of competent jurisdiction,
such holding shall not affect the remainder of this Charter, nor the context in which such section
or part of section so held invalid may appear, except to the extent that any entire section, or part
of section, may be inseparably connected in meaning and effect, with the section or part of [the]
section to which such holding shall directly apply. The Charter is translated in Spanish. For
purposes of interpretation and enforcement, in the event of conflict, the English version of the
Charter shall prevail.
11.11 Construction of Charter
The provisions of this Charter shall be construed for the purpose of effecting the objects and ends
thereof. All references to state law or laws of the State of Texas, however expressed, shall mean
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“as presently enacted or hereinafter enacted.” All gender references shall be interpreted to include
both masculine and feminine.
11.12 Renumber, Rename, Rearrange, Clerical, Typographical and
Grammatical Error Correction
The Council shall have the power, by ordinance, to renumber, rename and rearrange all articles,
sections and paragraphs of this Charter, or any amendments thereto, and to correct clerical,
typographical or grammatical errors within the Charter, as it shall deem appropriate, provided that
such action does not change the meaning or effect of any part hereof, and, upon the passage of
any such ordinance, a copy thereof, certified by the Town Secretary, shall be forwarded to the
Secretary of State of the State of Texas for filing.
(Section 11.12 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 16,
adopted 5/21/13)
11.13 Amendment to Charter
Amendments to this Charter may be framed and submitted to the voters of the Town in the
manner provided by State law.
State constitution reference–Adoption or amendment of charter, Texas Constitution, art. 11, sec. 5.
State law reference–Adoption or amendment of charter, V.T.C.A., Local Government Code, sec. 9.001 et
seq.
11.14 Code of Ethics and Conduct; Ethics Commission
(a) The Town Council shall adopt by ordinance a code of ethics and conduct that is consistent
with the provisions of this Charter and applicable to elected officers, appointed board,
commission, and committee members, and employees of the Town.
(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. The Town Council shall appropriate sufficient funds to the Ethics
Commission to enable it to perform the duties assigned.
(Section 11.14 added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 21, adopted
5/18/09)
11.15 Charter Review Commission
The Council shall appoint a Charter Review Commission at intervals of not more than seven (7)
years. 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 vote of the Council. The Commission shall review the Town
Charter and make Charter amendment recommendations, where appropriate, that will help protect
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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 [the] 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.
(Section 11.15 added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 22, adopted
5/18/09. First paragraph amended by May 11, 2013 election, effected by Ordinance 2013-15,
prop. 17, adopted 5/21/13; grammatical error corrected by Ordinance 2015-43, sec. 2.03, adopted
12/8/15)
Article XII. Transitional Provisions
12.01 Interim Municipal Government
Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights
or privileges of persons who are Town officers or employees at the time of its adoption.
12.02 Persons Serving on Boards, Commissions or Corporations
Persons serving on any board, commission or corporation at the time of the adoption of this
Charter shall continue to serve until their term shall have expired or until their successors shall
have qualified.
12.03 Effect of this Charter on Existing Law
All ordinances, resolutions, rules and regulations in force in the Town on the effective date of this
Charter, and not in conflict with this Charter, shall remain in force until altered, amended or
repealed. All taxes, assessments, liens, encumbrances and demands, of or against the Town, fixed
or established before or on the effective date of this Charter shall be valid when properly fixed or
established either under the law in force at the time of beginning of such proceedings or under the
law after the adoption of this Charter.
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12.04 Continuance of Contracts, Franchises and Succession of Rights
All contracts including without limitation franchises entered into by the Town or for its benefit
prior to the taking effect of this Charter shall continue in full force and effect. Public
improvements for which legislative steps have been taken under laws or ordinances existing at the
time this Charter takes effect may be carried to completion in accordance with the provisions of
such existing laws or ordinances. All suits, taxes, penalties, forfeitures and all other rights, claims,
and demands, which have accrued under the laws, heretofore in force governing the Town shall
belong to and be vested in and shall be prosecuted by and for the use and benefit of the
corporation hereby created, and shall not in any way be diminished, affected or prejudiced by the
adoption and taking effect of this Charter.
12.05 Submission of Charter to Voters
The Charter Commission in preparing this Charter concludes that it is impracticable to segregate
each subject so as to permit a vote of “yes” or “no” on the same, for the reason that the Charter is
so constructed that in order to enable it to work and function it is necessary that it should be
adopted in its entirety. For these reasons, the Charter Commission directs that the said Charter be
voted upon as a whole and that it shall be submitted to the qualified voters of the Town at an
election to be held for that purpose on Tuesday, November 2, 2004. Not less than thirty days prior
to such election, the Council shall cause the Town Secretary to mail a copy of this Charter to each
qualified voter of the Town as appears from the latest certified list of registered voters. If a
majority of the qualified voters voting in such election shall vote in favor of the adoption of this
Charter, it shall immediately become the governing law of the Town, until amended or repealed.
The form of the ballot for use in such election shall be as follows:
FOR THE ADOPTION OF THE CHARTER
AGAINST THE ADOPTION OF THE CHARTER
Charter Review Commission Page 66 of 77 Meeting Date: January 13, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12019-672-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/7/2020 Charter Review Commission
On agenda:Final action:1/13/2020
Title:Consider and take appropriate regarding the preparation of the Charter Review Final Report.
Attachments:
Action ByDate Action ResultVer.
Consider and take appropriate regarding the preparation of the Charter Review Final Report.
Charter Review Commission Page 67 of 77 Meeting Date: January 13, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12019-666-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/19/2019 Charter Review Commission
On agenda:Final action:1/13/2020
Title:Discussion of and take appropriate action regarding future agendas.
Attachments:
Action ByDate Action ResultVer.
Discussion of and take appropriate action regarding future agendas.
Charter Review Commission Page 68 of 77 Meeting Date: January 13, 2020
1 Trophy Wood Drive
Trophy Club, Texas 76262Town of Trophy Club
Legislation Details (With Text)
File #: Version:12019-667-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/19/2019 Charter Review Commission
On agenda:Final action:1/13/2020
Title:Recap of motions passed in prior meetings.
Attachments:Staff Report - Recap of Motions Passed.pdf
Staff Report - Tally Sheet.pdf
Action ByDate Action ResultVer.
Recap of motions passed in prior meetings.
Charter Review Commission Page 69 of 77 Meeting Date: January 13, 2020
Page 1 of 6
To: Charter Review Commission
From: Holly Fimbres, Town Secretary/RMO
CC: Steve Norwood, Town Manager
Re: Recap of Motions Passed
Charter Review Commission Meeting, January 13, 2020
Agenda Item:
Recap of motions passed in prior meetings.
Background and Explanation:
The intent for this item is to keep a record of each motion made at every Charter Review
Commission meeting.
October 28, 2019 meeting:
Article I – Form of Government & Boundaries
Motion:
Motion made by Vice Chairperson Rowe, seconded by Commissioner Opipare, to move Article I
without any recommended changes.
Motion carried unanimously 8-0-0.
Article II – Powers of the Town
Motion:
Motion made by Commissioner Mayer, seconded by Commissioner Dale, to approve Article II
with no changes.
Motion carried unanimously 8-0-0.
Article III – The Council
Motion:
Motion made by Chairperson Sheridan, seconded by Commissioner Patterson, to consider
further discussion on Article III specific to Section 3.05, Compensation; Section 3.20 (b),
Abstention; Section 3.19, relating to a quorum; add a gender neutral phrase at the beginning;
Section 3.04 (c) and (d) relating to timing; and Section 3.08 (i) and (k) to delete.
Motion carried unanimously 8-0-0.
Charter Review Commission Page 70 of 77 Meeting Date: January 13, 2020
Page 2 of 6
November 11, 2019 meeting:
Article IV – Administrative Services
Motion:
Motion made by Commissioner Opipare, seconded by Commissioner Carr, to move to Article V
and consider at this point discussions of Article IV closed until future discussion of the
qualifications of the Town Manager and adding leadership into subsection (b) of Section 4.02;
and creating a definition for the Mayor, Town Council, and Town Manager.
Motion carried unanimously 8-0-0.
Article V – Nominations and Elections
Motion to Amend:
Motion made by Commissioner Mayer, seconded by Vice Chairperson Rowe, to close the
discussion of Article V and proceed with further discussions of to declare subsections (c), (d),
and (e) obsolete of Section 5.01, Elections, and to be replaced with terms outlining Places 1, 2,
3, 4, 5, and 6; delete the word majority from subsections (e) and (f) of Section 5.01, Elections;
remove subsection (f) of Section 5.04, Filing for Office; and subsections (d) and (e) of 5.04, Filing
for Office, specific to board and commission members and town employees.
Motion carried unanimously 8-0-0.
Article VI – Recall
No action was taken on this item.
November 18, 2019 meeting:
Article VI – Recall
Motion:
Motion made by Vice Chairperson Rowe, seconded by Commissioner Dale, to close the
discussion on Article VI, Recall, with a note to follow up on items to discuss per Section 6.01,
Scope of Recall, and Section 6.07, Recall Petition Prohibited.
Motion carried unanimously 8-0-0.
Follow-up item regarding scope of recall, the below are the requirements for the City of
Roanoke, City of Southlake, and City of Grapevine:
City of Roanoke
Section 6.01 - Scope of recall.
Any elected City official, whether elected to office by registered voters or appointed by the
City Council to fill a vacancy, shall be subject to recall and removal from office by the
registered voters of the City on grounds of incompetency, misconduct, or malfeasance in
office.
Charter Review Commission Page 71 of 77 Meeting Date: January 13, 2020
Page 3 of 6
City of Southlake
7.30. - Initiative, Referendum and Recall General Authority
(c) Recall: The qualified voters shall have the power to recall any elected official of the
City. Such power shall be exercised by filing with the City Secretary a petition, signed by
currently qualified voters of the City equal in number to at least twenty (20) percent of
the total number of qualified voters registered to vote at the last regular City election,
demanding the removal of such elected official. The recall petition must specifically state
each ground or grounds upon which such petition for removal is predicated as to give
the officer sought to be removed notice of the matters and things with which the officer
is charged. The provisions regulating initiation, certification, amendment, withdrawal of
initiative and referendum petitions and submission to voters shall apply to recall
petitions.
City of Grapevine
Sec. 6.01. - Scope of recall.
All elected city officials shall be subject to recall and removal from office by the qualified
voters of the city on grounds of incompetency, misconduct, or malfeasance in office.
Article VII – Legislation By The People, Initiative and Referendum
Motion:
Motion made by Commissioner Mayer, seconded by Commissioner Opipare, to close the
discussion on Article VII, Legislation By The People, Initiative and Referendum.
Motion approved unanimously 8-0-0.
Article VIII - Municipal Planning and Zoning
Motion
Motion made by Commissioner Opipare, seconded by Commissioner Carr, to close the
discussion on Article VIII and include with future business a way to add deed restrictions to
P&Z.
Motion carried unanimously 8-0-0.
December 9, 2019 meeting:
Article IX – Budget, Finance and Taxation
Motion:
Motion made by Chairperson Sheridan, seconded by Commissioner Edstrom, to close the
discussion on Article IX, Budget, Finance and Taxation, with no comments to discuss later.
Motion carried unanimously 5-0-0.
Article X – Franchise and Public Utilities
Motion:
Motion made by Chairperson Sheridan, seconded by Commissioner Carr, to close the discussion
on Article X, Franchises and Public Utilities, with the review of Section 10.07 to correct a
potential scrivener’s error in the fifth line by changing “Section 10.04” to “Section 10.05.”
Motion approved unanimously 5-0-0.
Charter Review Commission Page 72 of 77 Meeting Date: January 13, 2020
Page 4 of 6
Article XI – General Provisions
Motion:
Motion made by Chairperson Sheridan, seconded by Commissioner Edstrom, to close the
discussion on Article XI, General Provisions, with further discussion on Section 11.11 regarding
gender neutrality of the Charter and further discussion on Section 11.15 regarding extending
the timeframe when a Charter Review Commission is appointed.
Motion carried unanimously 5-0-0.
Follow-up item regarding timeframes for when Charter Review Commissions are appointed, the
below are the requirements for the City of Roanoke, City of Southlake, and City of Grapevine:
City of Roanoke
Section 15.03 – Review of the Charter.
A regular review of this Charter will begin no later than July 2013, and at least every six (6)
years thereafter.
City of Southlake
12.18. – Amending Charter.
Amendments to this Charter may be framed and submitted to the voters of the City as
permitted by law.
City of Grapevine
Sec. 11.21. – Amending the charter.
Amendments to this charter may be framed and submitted to the voters of the city in the
manner provided by V.T.C.A., Local Government Code § 9.001 et seq., as now or hereafter
amended; but, no more often than once every two years, as provided by the laws of the
State of Texas.
Article XII – Transitional Provisions
Motion:
Motion made by Chairperson Sheridan, seconded by Commissioner King, to review removing
Article XII, Transitional Provisions, due to it being obsolete.
Motion carried unanimously 5-0-0.
Discussion of and take appropriate action regarding previous business
• Article I - Form of Government & Boundaries
• Article II - Powers of the Town
• Article III - The Council
• Article IV - Administrative Services
• Article V - Nominations and Elections
• Article VI – Recall
• Article VII – Legislation By The People, Initiative and Referendum
Charter Review Commission Page 73 of 77 Meeting Date: January 13, 2020
Page 5 of 6
• Article VIII – Municipal Planning and Zoning
Motion:
Motion made by Vice Chairperson Rowe, seconded by Chairperson Sheridan, to postpone
discussion regarding gender terms until further discussion on Article XI and discontinue
discussions on Sections 3.04 and 3.05 and direct Staff to investigate the effect of changes as
discussed on Section 3.08 (i) and (k), Section 3.12 and Section 3.20 (b).
Motion approved unanimously 7-0-0.
December 16, 2019 meeting:
Chairperson Sheridan polled the Commission to add leadership to Section 4.02 (b).
1-8-0 with Commissioner Dale in favor; and with Chairperson Sheridan, Vice Chairperson
Rowe, and Commissioners Edstrom, Patterson, Carr, Opipare, Mayer, and King not in favor.
Chairperson Sheridan polled the Commission to create a definition in the Charter for Mayor,
Town Council, and Town Manager.
1-7-1 with Vice Chairperson Rowe in favor; with Chairperson Sheridan and Commissioners
Edstrom, Dale, Carr, Opipare, Mayer, and King not in favor; and Commissioner Patterson
refrained.
Chairperson Sheridan polled the Commission to declare Section 5.01 (b), (c) and (d) as being
obsolete and add replacement language outlining the terms for Places 1 through 6.
1-8-0 with Commissioner Opipare in favor; and with Chairperson Sheridan, Vice Chairperson
Rowe, and Commissioners Edstrom, Patterson, Dale, Carr, Mayer, and King not in favor.
Chairperson Sheridan polled the Commission to discontinue conversation on removing
Section 5.04 (d).
9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe, and Commissioners Edstrom,
Patterson, Dale, Carr, Opipare, Mayer, and King in favor.
Chairperson Sheridan polled the Commission to discontinue conversation on removing
Section 5.04 (e).
9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe, and Commissioners Edstrom,
Patterson, Dale, Carr, Opipare, Mayer, and King in favor.
Chairperson Sheridan polled the Commission to add 5.04 (f) to the Tally Sheet to be rated
later for deletion.
9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe, and Commissioners Edstrom,
Patterson, Dale, Carr, Opipare, Mayer, and King in favor.
Charter Review Commission Page 74 of 77 Meeting Date: January 13, 2020
Page 6 of 6
Chairperson Sheridan polled the Commission to discontinue conversation on 6.01, Scope of
Recall.
9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe, and Commissioners Edstrom,
Patterson, Dale, Carr, Opipare, Mayer, and King in favor.
Chairperson Sheridan polled the Commission to discontinue conversation on 6.07, Recall
Petition Prohibited.
9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe, and Commissioners Edstrom,
Patterson, Dale, Carr, Opipare, Mayer, and King in favor.
Chairperson Sheridan polled the Commission to discontinue conversation on adding deed
restriction enforcement to Article VIII, Municipal Planning and Zoning.
8-1-0 with Vice Chairperson Rowe and Commissioners Edstrom, Patterson, Dale, Carr,
Opipare, Mayer, and King in favor; and with Chairperson Sheridan not in favor.
Chairperson Sheridan polled the Commission to add Article XII to the Tally Sheet to be rated
later for deletion.
9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe and Commissioners Edstrom,
Patterson, Dale, Carr, Opipare, Mayer, and King in favor.
Motion:
Motion made by Chairperson Sheridan, seconded by Vice Chairperson Rowe, to delete Section
5.04 (f); change the timeframe to 10 years in Section 11.15; remove Article XII in its entirety;
and no further discussions were needed on other items as previously polled.
Motion carried unanimously 9-0-0.
Charter Review Commission Page 75 of 77 Meeting Date: January 13, 2020
Page 1 of 2
To: Charter Review Commission
From: Holly Fimbres, Town Secretary/RMO
CC: Steve Norwood, Town Manager
Re: Tally Sheet
Charter Review Commission Meeting, January 13, 2020
Agenda Item:
Recap of motions passed in prior meetings.
Explanation:
Below are potential items to remove from the Town of Trophy Club Charter due to the
information being obsolete. Please rank the items 1 through 5, with 1 representing slightly
agreeing to remove the section from the Charter and 5 strongly agreeing to remove the section
from the Charter.
3.20 (b) 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.
1 2 3 4 5
3.08 (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;
1 2 3 4 5
3.08 (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 2 3 4 5
Charter Review Commission Page 76 of 77 Meeting Date: January 13, 2020
Page 2 of 2
5.04 (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.
1 2 3 4 5
Article XII – Transitional Provisions
1 2 3 4 5
Charter Review Commission Page 77 of 77 Meeting Date: January 13, 2020