ORD 2007-33TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007-33
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
CANVASSING THE RETURNS, INCLUDING THE RETURNS OF EARLY
VOTING BALLOTS CAST IN CONNECTION THEREWITH, AND
DECLARING THE RESULTS OF THE SPECIAL ELECTION TO SUBMIT
TO THE RESIDENT QUALIFIED VOTERS OF THE TOWN OF TROPHY
CLUB AMENDMENTS OF THE HOME RULE CHARTER FOR THE
TOWN HELD ON NOVEMBER 6, 2007, AS SUCH RETURNS RELATE
TO THE AMENDMENTS OF THE HOME RULE CHARTER; PROVIDING
FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE
CONFIRMATION OF VOTE TABULATIONS; PROVIDING ADOPTION
OF THE HOME RULE CHARTER; AUTHORIZING THE ISSUANCE OF
THE CANVASS OF THE SPECIAL ELECTION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on August 20, 2007, the Town Council of the Town of Trophy Club,
Texas (the "Town") passed and approved Ordinance No. 2007-21, an Ordinance which
ordered a Special Election to submit to the resident qualified voters of the Town of
Trophy Club a proposition relating to the adoption of the proposed Home Rule Charter
for the Town to be held on November 6, 2007, as such returns relate to the adoption of
the proposed Home Rule Charter; and
WHEREAS, the appropriate authority of the Town heretofore caused to be
posted and published, in accordance with the election laws of the State of Texas, notice
of the Special Election; and
WHEREAS, the Special Election was duly and legally held on November 6,
2007, in the Town in conformity with the election laws of the State of Texas, and the
results of the Special Election, including the early voting results, have been certified and
returned to the proper judges and clerks thereof; and
WHEREAS, the Town Secretary, acting as general custodian of the official
returns of the Special Election has presented the official returns of the presiding judges
of the Special Election, including the returns of early voting ballots cast in connection
therewith, to the Town Council acting in its capacity as the Canvassing Board; and
WHEREAS, the returns of the Special Election, including the returns of the early
voting ballots, duly and legally made, showed that each proposition received the
following votes:
Page 1 of 5
Propositions
Total For Total TOTAL PASS/
Against VOTES FAIL
Proposition No. 1: (Section 6.01.)
An amendment to sections 3.12, 3.16(b), and 3.17 to
provide that every ordinance, resolution, motion or action
of the Town Council shall require passage by the 177 326 503 * Failed
affirmative vote of a majority of the Council qualified to
vote unless a different number is specifically required by
An amendment to section 4.07 of the Town Charter
transferring the authority to appoint the Town Secretary 165 341 506 Failed
from the Town Council to the Town Manager with the
Council being required to approve the appointment by a
majority vote.
Proposition No. 3: (Section 6.03.)
An amendment to sections 6.01 and 6.03 of the Town
Charter providing that any elected Town official, including
those appointed to elected positions, may be subject to
recall on any one or more of the following grounds:
incompetence, misconduct, malfeasance in office, or
knowing or intentional violations of the Charter, providing 242 263 505 * Failed
definitions of the terms incompetency, misconduct and
malfeasance, and requiring that a recall petition
specifically state each ground with enough certainty as to
give the Officer sought to be removed notice of the
matters and things with which he is charged on each
Proposition No. 4: (Section 6.04.)
An amendment to sections 7.04, 7.07, and 7.09 of the
Town Charter providing that a majority of the Town Council
has the authority to submit an ordinance, resolution or
proposition to popular vote as either a binding or non-
binding referendum by designating such item as either a 142 367 509 Failed
binding or non-binding referendum and providing that
Council shall not repeal or amend an ordinance or
resolution passed as a binding referendum without
submitting such ordinance or resolution to a vote at an
election.
An amendment to Section 10.03 of the Town Charter to
provide that the Town Council, after public hearing, may 127 381 508 Failed
grant, renew, extend and amend all franchises for a term
not to exceed thirtv (30) vears?
and;
WHEREAS, the results of the Special Election were duly canvassed by the Town
Council; and
WHEREAS, it is hereby officially found and determined that the meeting at which
this Ordinance was passed was open to the public, and that public notice of the time,
place and purpose of such meeting was given as required by Chapter 551 of the Texas
Government Code.
Page 2 of 5
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
into the body of this Ordinance and made a part hereof for all purposes.
SECTION 2.
CONFIRMATION OF VOTE TABULATIONS
That the November 6, 2007, Special Election was duly called and notice thereof
given in accordance with law; that the Special Election was held in the manner required
by law; that only duly qualified resident voters of the Town of Trophy Club voted at the
Special Election; that due returns of the Special Election have been made by the proper
officers, and that a majority of the qualified resident voters of the Town of Trophy Club,
Texas, voting at the Special Election, have voted in favor of approving and adopting the
Charter amendment framed by the Town Council of the Town of Trophy Club, as
canvassed and tabulated hereinabove.
SECTION 3.
ADOPTION
The Town Council of the Town of Trophy Club, Texas hereby officially and
affirmatively declares that the Charter has been properly and lawfully adopted, and is
now the Home Rule Charter of the Town of Trophy Club, Texas.
SECTION 4.
ISSUANCE OF CANVASS OF LOCAL OPTION ELECTION
The Mayor is hereby authorized and directed to execute and deliver the Canvass
of the Special Election, a copy of which is attached hereto and incorporated herein as
Exhibit "A", in accordance with the election laws of the State of Texas, and to take all
other action necessary in connection therewith.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the Caption and Effective Date in the minutes of
the Town Council and by filing this Ordinance in the ordinance records of the Town and
to take all other actions necessary to record this Ordinance as provided by law.
SECTION 6.
This Ordinance shall take effect from and after its date of passage in
Page 3 of 5
accordance with law. and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 19th day of November, 2007.
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
Page 4 of 5
[SEAL]
Lq RY i
EXHIBIT "A"
TOWN OF TROPHY CLUB, TEXAS
CANVASS OF LOCAL OPTION ELECTION
I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding
Officer of the Canvassing Authority of the Town, met on November 19, 2007, with the
Town Council of the Town, sifting as the Canvassing Board to canvass the returns of
the Special Election held on November 6, 2007, at the Trophy Club Town Hall Building,
100 Municipal Drive, Trophy Club, Texas, as such returns related to the adoption of the
proposed Home Rule Charter for the Town.
DO HEREBY CERTIFY that the figures on the tally sheets correspond with the
figures on the returns.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the Town of Trophy Club, Texas to be affixed hereto, this 19th day of November, 2007.
(Seal)
Page 5 of 5
Mayor and Presiding Officer of
the Canvassing Authority
Trophy Club, Texas