ORD 2009-11TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-11
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 JOINT
GENERAL AND JOINT SPECIAL ELECTION HELD ON MAY 9,
2009. AS SUCH RETURNS RELATE TO THE ELECTION OF A
MAYOR AND TWO (2) COUNCIL MEMBERS FOR TWO (2)
YEAR TERMS EACH TO THE TOWN OF TROPHY CLUB TOWN
COUNCIL, TO THE PROPOSITION RELATED TO THE
EXCHANGE OF PARK LAND, TO THE PROPOSITION RELATED
TO THE REFERENDUM ON TOWN ORDINANCE NO. 2009-05
FOR THE ABOLITION OF MUD2, AND TO THE 22
PROPOSITIONS CONTAINING VARIOUS POTENTIAL
AMENDMENTS TO THE TOWN'S HOME RULE CHARTER;
PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR THE CONFIRMATION OF VOTE
TABULATIONS; IDENTIFYING THE OFFICIALS ELECTED AND
TERMS OF OFFICE; AUTHORIZING THE ISSUANCE OF
CERTIFICATES OF ELECTION; PROVIDING FOR THE
ENACTMENT OF PROPOSITIONS; AUTHORIZING THE
ISSUANCE OF THE CANVASS OF THE JOINT GENERAL AND
JOINT SPECIAL ELECTION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about March 2, 2009 the Town Council of the Town of
Trophy Club, Texas (the "Town") passed and approved Ordinance Nos. 2009-06
and 2009-07 ordering a Joint General and Joint Special Election, for the purpose
of electing a Mayor and two (2) Council Members for two (2) year terms each to
the Town Council, a Special Election determining whether a sale by exchange of
a certain portion of Harmony Park will be approved by the voters, regarding a
measure to hold a binding referendum as authorized by the Charter of the Town
of Trophy Club to determine whether the citizens desire the Town to abolish
MUD2, and regarding 22 Propositions containing various potential amendments
to the Town's Home Rule Charter; and
WHEREAS, Ordinance Nos. 2009-06 and 2009-07 also ordered the
appointment of a Presiding Election Judge and an Alternate Presiding Election
Judge for the purpose of conducting such election; and
WHEREAS, the appropriate authority of the Town heretofore caused to be
posted and published, in accordance with the election laws of the State of Texas,
notice of the Joint General and Joint Special Election; and
Ordinance 2009-11 1
WHEREAS, it appears that a total of 1,635 votes were cast in such
elections; and
WHEREAS, the Joint General and Joint Special Election was duly and
legally held on May 9, 2009 in the Town and in conformity with the election laws
of the State of Texas, and the results of the Joint General and Joint Special
Election, including the early voting results, have been certified and returned to
the proper judges and clerks thereof; and
WHEREAS, the official returns of the presiding judges of the Joint General
and Joint Special Election, including the returns of early voting ballots in
connection therewith, and as such returns are related to the election of a Mayor
and two (2) Council Members for two (2) year terms each for the Trophy Club
Town Council, a Special Election determining whether a sale by exchange of a
certain portion of Harmony Park will be approved by the voters, as related to a
measure to hold a binding referendum on Ordinance No. 2009-05 as authorized
by the Charter of the Town of Trophy Club to determine whether the citizens
desire the Town to abolish MUD2, and as related to 22 Propositions containing
various potential amendments to the Town's Home Rule Charter, have been
presented to the Town Council acting in its capacity as the Canvassing Board;
and
WHEREAS, the Town Council has considered the returns of the Joint
General and Joint Special Election as related to the election of a Mayor and two
(2) Council Members for two (2) year terms each for the Trophy Club Town
Council, a Special Election determining whether a sale by exchange of a certain
portion of Harmony Park will be approved by the voters, as related to a measure
to hold a binding referendum on Ordinance No. 2009-05 as authorized by the
Charter of the Town of Trophy Club to determine whether the citizens desire the
Town to abolish MUD2, and as related to 22 Propositions containing various
potential amendments to the Town's Home Rule Charter, including the returns of
early voting ballots cast in connection therewith; and
WHEREAS, the returns of the Joint General and Joint Special Election,
including the returns of the early voting ballots, duly and legally made, showed
that each candidate for the office of Mayor received the following votes:
TOWN OF TROPHY CLUB MAYOR FOR TWO (2) YEAR TERM
TOTAL NUMBER
NAME OF TOTAL NUMBER OF VOTES TOTAL NUMBER
CANDIDATE OF EARLY VOTING RECEIVED AT OF VOTES
VOTES RECEIVED POLL ON RECEIVED
ELECTION DAY
Connie White 471 347 B1B
Ordinance 2009-11 2
Pro osition 10 -Agenda Request Process
For 493 331 824
Against 365 325 690
osition 11 -Conflict of Interest and Abstention from Voting
For 603 425 1028
Against 259 238 497
Proposition 12 -A ointment Procedure
For 567 410 977
Against 282 250 532
Proposition 13 -Compliance with Texas Election Code
For I 752 I 557 I 1309
183 Against 93 90
Proposition 14 -Define Grounds for Recall
For I 509 I 436 945
562 Against 350 212
Proposition 15 -Grounds for Recall
For I 535 I 380
583
915
Against 314 269
Pro osition 16 -Reduce Recall Signature Requirement
For 381 252 633
Against 465 393 858
Proposition 17 -Reduce Initiative & Referendum Signature Requirement
For I 369 I 221 I 590
Against 476 425 901
Pro osition 18 -Budget
For 464 422 886
Against 395 236 631
Pro osition 19 -Budget Process
For 590 431 1021
A ainst 258 218 476
Proposition 20 -Code of Ethics and Non-Com ensated Commission
For 320 308 628
Against 545 344 889
Proposition 21 -Code of Ethics and Ethics Commission
856
659
Proposition 22 -Charter Review Commission
803
670
Proposition 23 -Term Limits
I 530 I 395 For 925
Against 602 334 268
Proposition 24 -Franchise Term
For 969
Against 500
Ordinance 2009-11 5
PROPOSITION TWO
SHALL PROPOSED TOWN ORDINANCE NO. 2009-05 ESTABLISHING JUNE 1,
2009 AS THE DATE FOR THE TOWN'S ASSUMPTION OF ALL POWERS, DUTIES,
ASSETS, AND OBLIGATIONS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT
NO.2, MAKING THE PROVISIONS CONTAINED IN SECTION 43.075 OF THE
TEXAS LOCAL GOVERNMENT CODE APPLICABLE TO THE TOWN, AND
PROVIDING THAT TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 SHALL
BE ABOLISHED ON JUNE 1, 2009, BECOME EFFECTIVE AS A LAW OR
MANDATORY ORDER OF THE COUNCIL AS A MAnER APPROVED IN A
BINDING REFERENDUM.
TOTAL NUMBER
TOTAL NUMBER OF VOTES TOTAL NUMBER PROPOSITION OF EARLY VOTING RECEIVED AT OF VOTES TWO VOTES RECEIVED POLL ON
ELECTION DAY RECEIVED
FOR 419 351 770
AGAINST 472 351 823
Pro osition 3 -Add One Councilmember
For 421 341 762
A ainst 454 339 793
Pro osition 4 -Three Year Council Term
For 496 347 843
Against 363 320 683
Pro osition 5 -Resign of Council Seat
For 567 392 959
Against 292 270 562
Proposition 6 -Forfeiture of Office I 596 I 448 1044 For
Against 485
Pro
For 1064
A ainst 463
Pro
For 602
A ainst 930
For 836
Against 693
Ordinance 2009-11
specified in the Order of Election and the Town's Home Rule Charter:
For
Against
Early Voting
Results
Election Day
Results
Proposition 1 -Exchange of Land
TOTAL
VOTES
1189
359
Pro osition 2 -Referendum on Ordinance to Abolish MUD2
For 419 351 770
Against 472 351 823
Proposition 3 -Add One Councilmember
762
793
Pro osition 4 -Three Year Council Term
For 496 347 843
Against 363 320 683
Pro osition 5 -Resign of Council Seat
For 567 392 959
A ainst 292 270 562
Proposition 6 -Forfeiture of Office
For 1044
Against 485
Pro osition 7 -Filling Council Vacancies
For 609 455 1064
A ainst 249 214 463
Proposition 8 -Council Com ensation
For 358 244 602
Against 508 422 930
Pro osition 9 -Mayor Voting
For 491 345 836
Against 373 320 693
Proposition 10 -Agenda Re uest Process
For 493 331 824
Against 365 325 690
Proposition 11 -Conflict of Interest and Abstention from Voting
Pro ointment Procedure
For 567 410 977
Against 282 250 532
Ordinance 2009-11 7
Proposition 13 -Com liance with Texas Election Code
For 752 557 1309
Against 93 90 183
Pro osition 14 -Define Grounds for Recall
For 509 436 945
Against 350 212 562
Proposition 15 -Grounds for Recall
I 535 I 380 915 For
Against 314 269 583
Proposition 16 -Reduce Recall Signature Requirement
For I 381 I 252 I 633
858
osition 17 -Reduce Initiative & Referendum Signature Re uirement
For 369 221 590
Against 476 425 901
Proposition 18 -Budget
For 422 886
Against 236 631
Pro osition 19 -Budget Process
For 590 431 1021
A ainst 258 218 476
Proposition 20 -Code of Ethics and Non-Compensated Commission
Against 545 344 889
For I 320 I 308 I 628
Pro osition 21 -Code of Ethics and Ethics Commission
For 519 337 856
Against 345 314 659
Pro osition 22 -Charter Review Commission
For 477 326 803
Against 362 308 670
Pro osition 23 -Term Limits
For 530 395 925
A ainst 334 268 602
Pro osition 24 -Franchise Term
For 577 392 969
Against 255 245 500
Section 6. Issuance of Canvass of Joint General and Joint Special
Election. The Mayor is hereby authorized and directed to execute and deliver the
Canvass of the Joint General and Joint Special Election, a copy of which is
attached hereto as Exhibit "A", in accordance with the election laws of the State
of Texas, and to take all other action necessary in connection therewith.
Section 7. Engrossment and Enrollment. The Town Secretary of the
Town of Trophy Club is hereby directed to engross and enroll this Ordinance by
Ordinance 2009-11 8
filing this Ordinance in the ordinance records of the Town as required in the
Town Charter.
Section 8. Effective Date. This Ordinance shall take effect from and
after its date of passage in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this 18th day of May, 2009. ~5~_
Mayor, Nick Sanders
Town of Trophy Club, Texas
Effective
Date: s/ ,;:n/o ,
[SEAL]
ATTEST:
dt9c2 elk v1i1f-l
Town Secretary, Lisa Henrful\
Town of Trophy Club, Texas
APPROVED AS TO FORM:
~m £iJQJotf'A.d/
own Attorney, Patricia Adams
Town of Trophy Club, Texas
Ordinance 2009-11 9
TOWN OF TROPHY CLUB, TEXAS
CANVASS OF GENERAL JOINT ELECTION
I, the undersigned Mayor of the Town of Trophy Club, Texas, and
Presiding Officer of the Canvassing Authority of the Town, met on 18 th day of
May, 2009 with the Town Council of the Town, sitting as the Canvassing Board to
canvass the returns of the Joint General and Joint Special Election held on May
9, 2009, at the Trophy Club Town Hall Building, 100 Municipal Drive, Trophy
Club, Texas, as such returns related to the election of a Mayor and two (2)
Council Members to the Town Council and such returns related to the
amendments of the Home Rule Charter for the Town.
I DO HEREBY CERTIFY that the figures on the tally sheets correspond
with the figures on the returns.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
seal of the Town of Trophy Club, Texas to be affixed hereto, this 18th day of May,
2009.
(Seal)
Ordinance 2009-11
~~~
Mayor and Presiding Officer of
the Canvassing Authority
Trophy Club, Texas
10
TOWN OF
§I ; ;;; q; it MP
TROPHY CLUB
May 19, 2009
Elections Division
Secretary of State
P.O. Box 12060
Austin, Texas 78711-2060
RE: Ordinance putting the Home Rule Charter Amendments from the May 9th
2009 Joint General and Joint Special Election into effect.
To Whom It May Concern:
Enclosed is a certified copy of Ordinance 2009-12 putting the Home Rule Charter
Amendments from the May 9th 2009 Joint General and Joint Special Election
into effect, passed and approved on May 18, 2009.
Please file in accordance with Local Government Code §9.007 and 9.008. If you
have any questions, contact me at 682-831-4601.
Sincerely,
~ .. (h:J It /J~~
Lisa Hennek
Town Secretary
cc: Town Attorney Patricia Adams
Enclosures
100 MUilkipal Drive Trophy Club, Texas 76262 Tele. (682) 831-4600 Fax (817) 491-9312
CERTIFICATION
TOWN OF TROPHY CLUB
STATE OF TEXAS
May 19, 2009
I, Lisa Hennek, Town Secretary for the Town of Trophy Club, Texas do hereby
certify that the attached documents of: "Ordinance putting the Home Rule
Charter Amendments from the May 9th 2009 Joint General and Joint
Special Election into effect", is a true and correct copy of the original of said
documents on file in the Town of Trophy Club.
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
CERTIFICATION
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1
STATE OF TEXAS
. May '9, 2009
I, Mary Moore, MUD Secretary for Trophy Club Municipal Utility District NO.1 (the
"District"), Trophy Club, Texas, do hereby certify that the attached document of the
District, is a true and correct copy of the original of said public documents on file in
the Town of Trophy Club, Texas.
[Seal]
>-Order 2009-0512, Canvassing Consolidation Election Returns
i.e ok.. . t/f()-$L '~F Mary Moore :uos:etarY
Trophy Club MUD 1
Trophy Club, Texas
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1
CERTIFICATE FOR ORDER 2009 -0512
CANVASSING CONSOLIDATION ELECTION RETURNS
THE STATE OF TEXAS §
COUNTY OF DENTON §
COUNTY OF TARRANT §
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 §
We, the undersigned officers of said District, hereby certify as follows:
1. The Board of Directors of said District convened in REGULAR MEETING ON
THE 12TH DAY OF MAY, 2009, at the regular meeting place, and the roll was called of the
duly constituted officers and members of said Board of Directors, to-wit:
Dean Henry, President
Gary Cantrell, Vice President
Constance S. White, Secretary/Treasurer
Jim Hase, Director
Neil Twomey, Director
and all of said persons were present, except the following members: Constance S. White, thus
constituting a quorum. Whereupon, among other business, the following was transacted at said
Meeting: a written
ORDER CANVASSING CONSOLIDATION ELECTION RETURNS
was duly introduced for the consideration of said Board of Directors and read in full. It was then
duly moved and seconded that said Order be passed, and, after due discussion, said motion
can-ying with it the passage of said Order, prevailed and carried by the following vote:
AYES: All members of said Board of Directors shown present above voted "Aye."
NOES: None.
2. That a true, full and con-ect copy of the aforesaid Order passed at the Meeting
described in the above and foregoing paragraph is attached to and follows this Certificate; that
said Order has been duly recorded in said Board of Director's minutes of said Meeting; that the
above and foregoing paragraph is a true, full and COlTect excerpt from said Board of Directors'
TCMUDNo.l Certificate of Order 2009-0512 2
minutes of said Meeting pertaining to the passage of said Order; that the persons named in the
above and foregoing paragraph are the duly chosen, qualified and acting officers and members of
said Board of Directors as indicated therein; that each of the officers and members of said Board
of Directors was duly and sufficiently notified officially and personally, in advance, of the time,
place and purpose of the aforesaid Meeting, and that said Order would be introduced and
considered for passage at said Meeting, and each of said officers and members consented, in
advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the
public and public notice of the time, place and purpose of said meeting was given, all as required
by Chapter 551, Texas Government Code.
3. That the President of the Board of Directors of said District has approved and
hereby approves the aforesaid Order; that the President of the Board of Directors and the
Secretary of the Board of Directors of said District have duly signed said Order; and that the
President of the Board of Directors and the Secretary of the Board of Directors of said District
hereby declare that their signing of this Certificate shall constitute the signing of the attached and
following copy of said Order for all purposes.
SIGNED AND SEALED the12th day of May, 2009.
ISecretary, Board -;)f])irectors
(SEAL)
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1
ORDER 2009 -0512
ORDER CANVASSING CONSOLIDATION ELECTION RETURNS
WHEREAS, on the 9th day of May, 2009, there was held within and for Trophy Club
Municipal Utility District No.1, of Denton County, Texas (the "District"), an election for the
purpose of voting on the following proposition:
PROPOSITION NO.1
SHALL TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 OF
DENTON AND TARRANT COUNTIES, TEXAS AND TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO.2 OF DENTON COUNTY, TEXAS BE
CONSOLIDATED INTO ONE MUNICIPAL UTILITY DISTRICT, TO BE
KNOWN AS TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 OF
DENTON AND TARRANT COUNTIES, TEXAS, WITH EACH DISTRICT
ASSUMING nIE OnIER DISTRICT'S OUTSTANDING BONDS, NOTES
AND OBLIGATIONS AND VOTED BUT UNISSUED BONDS PAYABLE IN
WHOLE OR IN PART FROM TAXATION, WITH THE OUTSTANDING
BONDS, NOTES AND OBLIGATIONS, BEING AS FOLLOWS:
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1
BONDS, NOTES AND CONTRACTUAL OBLIGATIONS
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 WATERWORKS
AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND REVENUE
REFUNDING BONDS, SERIES 1997, OUTSTANDING IN THE PRINCIPAL
AMOUNT OF $1,090,000
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 UNLIMITED TAX
REFUNDING BONDS, SERIES 2003, OUTSTANDING IN THE PRINCIPAL
AMOUNT OF $715,000
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 PUBLIC
PROPERTY CONTRACTUAL OBLIGATION, SERIES 2004, OUTSTANDING
IN THE PRINCIPAL AMOUNT OF $135,000
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 PUBLIC
PROPERTY FINANCE CONTRACTUAL OBLIGATION, SERIES 2007,
OUTSTANDING IN THE PRINCIPAL AMOUNT OF $379,000
TCMUDNo.1 Order 2009-0512
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2
BONDS
2
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 UNLIMITED TAX
BONDS, SERIES 2002, OUTSTANDING IN THE PRINCIPAL AMOUNT OF
$2,935,000
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 UNLIMITED TAX
BONDS, SERIES 2003, OUTSTANDING IN THE PRINCIPAL AMOUNT OF
$995,000
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 UNLIMITED TAX
REFUNDING BONDS SERIES 2005, OUTSTANDING IN THE PRINCIPAL
AMOUNT OF $2,580,000
WITH THE PURPOSES AND EFFECTS THAT THE BOARD OF
DIRECTORS OF THE CONSOLIDATED DISTRICT SHALL BE
AUTHORIZED TO PROVIDE FOR THE PAYMENT OF PRINCIPAL OF AND
INTEREST ON THE OUTSTANDING BONDS, NOTES AND OBLIGATIONS
OF FORMER TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 OF
DENTON AND TARRANT COUNTIES, TEXAS, AND THE OUTSTANDING
BONDS, NOTES AND OBLIGATIONS OF FORMER TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO.2 OF DENTON COUNTY, TEXAS,
THROUGH THE LEVY AND COLLECTION OF A SUFFICIENT AD
VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN SAID
CONSOLIDATED DISTRICT, AND TO ISSUE FOR AND IN THE NAME OF
THE CONSOLIDATED DISTRICT TI-IE VOTED BUT UNISSUED BONDS
OF FORMER TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 OF
DENTON AND TARRANT COUNTIES, TEXAS, IN THE AMOUNT OF
$3,229,217, AND THE VOTED BUT UNISSUED BONDS OF FORMER
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 OF DENTON
COUNTY, TEXAS, IN THE AMOUNT OF $4,540,000, BEING ASSUMED BY
THE CONSOLIDATED DISTRICT, AS MAY BE APPROPRIATE UNDER
THE SPECIFIC AUTHORITY AND TERMS AND CONDITIONS OF THE
PROPOSITIONS SUBMITTED AT THE ELECTIONS AUTHORIZING SAME,
AND TO PROVIDE FOR THE PAYMENT OF THE PRINCIPAL OF AND
INTEREST ON SUCH BONDS BY THE LEVY AND COLLECTION OF A
SUFFICIENT TAX UPON ALL TAXABLE PROPERTY WITHIN SAID
CONSOLIDATED DISTRICT; PROVIDED, HOWEVER, THAT SHOULD
SAID DISTRICTS NOT BE CONSOLIDATED FOR ANY REASON, EACH
OF SUCH DISTRICTS SHALL REMAIN SEP ARA TE AND INDEPENDENT
DISTRICTS, AND THE BOARD OF DIRECTORS OF EACH OF SUCH
DISTRICTS SHALL RETAIN THE AUTHORIZATION TO ISSUE ALL OR
ANY PART OR PARTS OF THE REMAINING VOTED BUT UNISSUED
BONDS VOTED AT THE ELECTIONS HELD WITHIN EACH OF SAID
TCMUDNo.l Order 2009-0512 3
and
DISTRlCTS, AS MAY BE APPROPRlATE UNDER THE SPECIFIC
AUTHORlTY AND TERMS AND CONDITIONS OF THE PROPOSITIONS
SUBMITTED AT THE ELECTIONS AUTHORlZING SAME, AND TO LEVY
TAXES FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON
SAME, ALL AS AUTHORlZED BY THE CONSTITUTION AND LAWS OF
THE STATE OF TEXAS?
(No mistake or omission in the description of the foregoing indebtedness shall
prevent any such indebtedness from being assumed by the consolidated district, it
being the intention for the consolidated district to assume all of said indebtedness
chargeable to either such district or any portion thereof.)
WHEREAS, the returns of said election have been certified to the Board of Directors of
the District by the appropriate election officials; and
WHEREAS, the official election returns show that the duly qualified voters of the
District cast seven hundred forty-nine (749) ballots at said election, and the votes cast for such
proposition were as follows:
PROPOSITION 1
FOR 446 votes
THE CONSOLIDATION OF THE DISTRlCTS
AGAINST 303 votes
and
WHEREAS, the above totals are shown in the official election returns heretofore
submitted to the Board of Directors and filed with the President and Secretary of the Board of
Directors; and
WHEREAS, snch election was called in all respects under and in strict conformity with
the Constitution and laws of the State of Texas and the United States of America; Now,
Therefore,
BE IT ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB
MUNICIPAL UTILITY DISTRlCT NO.1, OF DENTON AND TARRANT COUNTIES,
TEXAS, THAT:
Section 1: The matters and facts recited in the above preamble of this Order are found to
be true and COiTect.
Section 2: The election held within and for the District on the 9th day of May, 2009,
which is more fully described in the preamble of this Order, was called and notice was given
thereof under the hand of the President and Secretary of the Board of Directors of the District in
TCMUDNo.l Order 2009-0512 4
accordance with law; and that returns of the election have been lawfully made by the proper
officer.
Section 3: It is hereby found, detelmined and declared that the proposition submitted to
the voters at such election has carried, and voting has resulted favorably toward the consolidation
ofthe District with Trophy Club Municipal Utility Distlict No.2, of Denton COW1ty, Texas.
Section 4: It is hereby found, detelmined and declared that the meeting at which this
Order has been considered is open to the public as required by law, and that public notice of the
time, date, place and subject matter ofthis meeting and of the proposed adoption of this Order
was given, furnished and posted as required by law.
Section 5: A certified copy of this Order shall be maintained in the District's official
election register.
PASSED AND APPROVED this 12th day of May, 2009.
ATTEST:
ecretary, Board o{Directors
(SEAL)
CERTIFICATION
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2
STATE OF TEXAS
May 19, 2009
I, Mary Moore, MUD Secretary for Trophy Club Municipal Utility District NO.2 (the
"District"), Trophy Club, Texas, do hereby certify that the attached document of the
District, Is a true and correct copy of the original of said public documents on file In
the Town of Trophy Club, Texas.
>-Order 2009-0512, Canvassing Consolidation Election Returns
~~~~7~~{ad:).~'b ary oore
MUD Secretary
Trophy Club MUD 2
Trophy Club, Texas
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2
CERTIFICATE FOR ORDER 2009 -0512
CANVASSING CONSOLIDATION ELECTION RETURNS
THE STATE OF TEXAS §
COUNTY OF DENTON §
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 §
We, the undersigned officers of said District, hereby certify as follows:
I. The Board of Directors of said District convened in REGULAR MEETING ON
THE 12TH DAY OF MAY, 2009, at the regular meeting place, and the roll was called of the
duly constituted officers and members of said Board of Directors, to-wit:
Jim Budarf, President
Kevin Carr, Vice President
James C. Thomas, Secretary/Treasurer
Carol Borges, Director
Steven Kohs, Director
and all of said persons were present, except the following members: f!5 thus
constituting a quorum. Whereupon, among other business, the following was transacted at said
Meeting: a written
ORDER CANVASSING CONSOLIDATION ELECTION RETURNS
was duly introduced for the consideration of said Board of Directors and read in full. It was then
duly moved and seconded that said Order be passed, and, after due discussion, said motion
calTying with it the passage of said Order, prevailed and carried by the following vote:
AYES: All members of said Board of Directors shown present above voted "Aye."
NOES: None.
2. That a true, full and cOlTect copy of the aforesaid Order passed at the Meeting
described in the above and foregoing paragraph is attached to and follows this Certificate; that
said Order has been duly recorded in said Board of Directors' minutes of said Meeting; that the
above and foregoing paragraph is a true, fi.J1l and con·ect excerpt from said Board of Director's
minutes of said Meeting pertaining to the passage of said Order; that the persons named in the
TCMUDNo.2 Certificate of Order 2009-0512 2
above and foregoing paragraph are the duly chosen, qualified and acting officers and members of
said Board of Directors as indicated therein; that each of the officers and members of said Board
of Directors was duly and sufficiently notified officially and personally, in advance, of the time,
place and purpose of the aforesaid Meeting, and that said Order would be introduced and
considered for passage at said Meeting, and each of said officers and members consented, in
advance, to the holding of said Meeting for such purpose, and tllat said Meeting was open to the
public and public notice of the time, place and purpose of said meeting was given, all as required
by Chapter 551, Texas Government Code.
3. That tlle President of the Board of Directors of said District has approved and
hereby approves the aforesaid Order; that the President of tlle Board of Directors and the
Secretary of the Board of Directors of said District have duly signed said Order; and that the
President of the Board of Directors and the Secretary of the Board of Directors of said Dishict
hereby declare that tlleir signing of this Certificate shall constitute the signing oftlle attached and
following copy of said Order for all purposes.
SIGNED AND SEALED the12tll day of May, 2009.
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2
ORDER 2009 -0512
ORDER CANVASSING CONSOLIDATION ELECTION RETURNS
WHEREAS, on the 9th day of May, 2009, there was held within and for Trophy Club
Municipal Utility District No.2, of Denton County, Texas (the "District"), an election for the
purpose of voting on the following proposition:
PROPOSITION NO. I
SHALL TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 OF
DENTON AND TARRANT COUNTIES, TEXAS AND TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO.2 OF DENTON COUNTY, TEXAS BE
CONSOLIDATED INTO ONE MUNICIPAL UTILITY DISTRICT, TO BE
KNOWN AS TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I OF
DENTON AND TARRANT COUNTIES, TEXAS, WITH EACH DISTRICT
ASSUMING THE OTHER DISTRICT'S OUTSTANDING BONDS, NOTES
AND OBLIGATIONS AND VOTED BUT UNISSUED BONDS PAYABLE IN
WHOLE OR IN PART FROM TAXATION, WITH THE OUTSTANDING
BONDS, NOTES AND OBLIGATIONS, BEING AS FOLLOWS:
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I
BONDS, NOTES AND CONTRACTUAL OBLIGATIONS
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I WATERWORKS
AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND REVENUE
REFUNDING BONDS, SERIES 1997, OUTSTANDING IN THE PRINCIPAL
AMOUNT OF $1,090,000
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I UNLIMITED TAX
REFUNDING BONDS, SERIES 2003, OUTSTANDING IN THE PRINCIPAL
AMOUNT OF $715,000
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 PUBLIC
PROPERTY CONTRACTUAL OBLIGATION, SERIES 2004, OUTSTANDING
IN Tl:IE PRINCIP AL AMOUNT OF $135,000
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I PUBLIC
PROPERTY FINANCE CONTRACTUAL OBLIGATION, SERIES 2007,
OUTSTANDING IN THE PRINCIPAL AMOUNT OF $379,000
TCMUDNo.2 Order 2009-0512
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2
BONDS
2
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 UNLIMITED TAX
BONDS, SERIES 2002, OUTSTANDING IN THE PRINCIPAL AMOUNT OF
$2,935,000
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 UNLIMITED TAX
BONDS, SERIES 2003, OUTSTANDING IN THE PRINCIPAL AMOUNT OF
$995,000
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 UNLIMITED TAX
REFUNDING BONDS SERIES 2005, OUTSTANDING IN THE PRINCIPAL
AMOUNT OF $2,580,000
WITH THE PURPOSES AND EFFECTS THAT THE BOARD OF
DIRECTORS OF THE CONSOLIDATED DISTRICT SHALL BE
AUTHORIZED TO PROVIDE FOR THE PAYMENT OF PRINCIPAL OF AND
INTEREST ON THE OUTSTANDING BONDS, NOTES AND OBLIGATIONS
OF FORMER TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I OF
DENTON AND TARRANT COUNTIES, TEXAS, AND THE OUTSTANDING
BONDS, NOTES AND OBLIGATIONS OF FORMER TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO.2 OF DENTON COUNTY, TEXAS,
THROUGH THE LEVY AND COLLECTION OF A SUFFICIENT AD
VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN SAID
CONSOLIDATED DISTRICT, AND TO ISSUE FOR AND IN THE NAME OF
THE CONSOLIDATED DISTRICT THE VOTED BUT UNISSUED BONDS
-OF FORMER TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I OF
DENTON AND TARRANT COUNTIES, TEXAS, IN THE AMOUNT OF
$3,229,217, AND THE VOTED BUT UNISSUED BONDS OF FORMER
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 OF DENTON
COUNTY, TEXAS, IN THE AMOUNT OF $4,540,000, BEING ASSUMED BY
THE CONSOLIDATED DISTRICT, AS MAY BE APPROPRIATE UNDER
THE SPECIFIC AUTHORITY AND TERMS AND CONDITIONS OF THE
PROPOSITIONS SUBMITTED AT THE ELECTIONS AUTHORIZING SAME,
AND TO PROVIDE FOR THE PAYMENT OF THE PRINCIPAL OF AND
INTEREST ON SUCH BONDS BY THE LEVY AND COLLECTION OF A
SUFFICIENT TAX UPON ALL TAXABLE PROPERTY WITHIN SAID
CONSOLIDATED DISTRICT; PROVIDED, HOWEVER, THAT SHOULD
SAID DISTRICTS NOT BE CONSOLIDATED FOR ANY REASON, EACH
OF SUCH DISTRICTS SHALL REMAIN SEPARATE AND INDEPENDENT
DISTRICTS, AND THE BOARD OF DIRECTORS OF EACH OF SUCH
DISTRICTS SHALL RETAIN THE AUTHORIZATION TO ISSUE ALL OR
ANY PART OR PARTS OF THE REMAINING VOTED BUT UNISSUED
BONDS VOTED AT THE ELECTIONS HELD WITHIN EACH OF SAID
TCMUDNo.2 Order 2009-0512 3
and
DISTRICTS, AS MAY BE APPROPRIATE UNDER THE SPECIFIC
AUTHORITY AND TERMS AND CONDITIONS OF THE PROPOSITIONS
SUBMITTED AT THE ELECTIONS AUTHORIZING SAME, AND TO LEVY
TAXES FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON
SAME, ALL AS AUTHORIZED BY THE CONSTITUTION AND LAWS OF
THE STATE OF TEXAS?
(No mistake or omission in the description of the foregoing indebtedness shall
prevent any such indebtedness from being assumed by the consolidated district, it
being the intention for the consolidated district to assume all of said indebtedness
chargeable to either such district or any portion thereof.)
WHEREAS, the returns of said election have been certified to the Board of Directors of
the District by the appropriate election officials; and
WHEREAS, the official election returns show that the duly qualified voters of the
District cast eight hundred one (801) ballots at said election, and the votes cast for such
proposition were as follows:
PROPOSITION 1
FOR 605 votes
THE CONSOLIDATION OF THE DISTRICTS
AGAINST 196 votes
and
WHEREAS, the above totals are shown in the official election returns heretofore
submitted to the Board of Directors and filed with the President and Secretary of the Board of
Directors; and
WHEREAS, such election was called in all respects under and in strict conformity with
the Constitution and laws of the State of Texas and the United States of America; Now,
Therefore,
BE IT ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO. 2, OF DENTON COUNTY, TEXAS, THAT:
Section I: The matters and facts recited in the above preamble of this Order are found to
be true and correct.
Section 2: The election held within and for the District on the 9th day of May, 2009,
which is more fully desclibed in the preanlble of this Order, was called and notice was given
thereof under the hand of the President and Secretary of the Board of Directors of the District in
TCMUDNo.2 Order 2009-0512 4
accordance with law; and that returns of the election have been lawfully made by the proper
officer.
Section 3: It is hereby found, determined and declared that the proposition submitted to
the voters at such election has carried, and voting has resulted favorably toward the consolidation
of the District with Trophy Club Municipal Utility District No. 1, of Denton and Tarrant
Counties, Texas.
Section 4: It is hereby found, determined and declared that the meeting at which this
Order has been considered is open to the public as required by law, and that public notice ofthe
time, date, place and subject matter of this meeting and of the proposed adoption of this Order
was given, furnished and posted as required by law.
Section 5: A certified copy of this Order shall be maintained in the District's official
election register.
PASSED AND APPROVED this 12th day of May, 2009.
ATTEST:
TOWN OF TROPHY CLUB MUD 2 CUMULATIVE REPORT -Unofficial
DENTON COUNTY, TEXAS -NORTHWEST INDEPENDENT SCHOOL DISTRICT AND CITY ELECTIONS -May 09, 2009
~"I-= _________ C_'"_d_Id_"_' __________ ~1
PROPOSITION NO.1, Vole For 1
Fo<
Against
Cos! Votes:
Mail Ballots included in Election
Day Totals.
Page 1 of1 05/11/2009 11 :19 Al\
Precincts Reporting 6 of 8 = 75.00°,
Districl Precincts Reporting 2 of 2 = 100.00~
"-_____ E.".' ____ .... 1"-____ E.I".II.'." ____ dl ~I::::::T:":'I:::::~.
334 76.43%
103 23.57%
437 !la,Il'I%
271 74.45%
93 25.55%
354 93.81%
605 75.5::1%.,11-
196 24.47%
BOl 95.02%
• Unofficial Winner
Total number of voters who
voted as indicated by polilisi.
1,635
The Town of Trophy Club has
5,359 registered voters.
(Denton 5,074 and Tarrant 285)
Voter Turnout was 30,5%.
I, the undersigned, the Election
Administrator for the above described
e!ecllon held al the above designated
electron preclm:t, do hereby cerl!fy that the
above return Is a true and correct return for
said election.
1/ jj .
(/) ~ d <\ eOa a...L
ElecHon Administrator
May 11, 2009