ORD 2009-12TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-12
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
ADOPTING AND PUTTING THE 2009 HOME-RULE CHARTER
AMENDMENTS INTO EFFECT; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR ENGROSSMENT,
ENROLLMENT, AND CERTIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, at a Special Election held within the Town of Trophy Club, Texas, on
the 9th day of May, 2009, more than a majority of the duly qualified resident electors of
the Town of Trophy Club, voting in the Special Election, voted in favor of the approval
and adoption of a various amendments to the Home Rule Charter for the Town of
Trophy Club, Texas; and
WHEREAS, on the 18 th day of May, 2009, the Town Council of the Town of
Trophy Club adopted an Ordinance canvassing the returns of the Special Election and
declaring that the Charter had been so amended in accordance with the official results
of the Special Election and the Order of the Special Election, and thereby approved and
adopted amendments to the Horne-Rule Charter of the Town of Trophy Club; and
WHEREAS, section 9.005 of the Texas Local Govemment Code provides that a
charter amendment does not take effect until the governing body of the municipality
enters an order in the records of the municipality declaring that the charter amendment
is adopted, and the Town's Home Rule Charter and state law provide that the Town
Council of the Town of Trophy Club shall, as soon as possible, put such Charter
amendments into effect by Ordinance; and
WHEREAS, it deemed to be for the best interests of the Town of Trophy Club
and its residents that such Charter amendments passed and approved now be put into
full effect consistent with the official results of the May, 2009 Special Election in
accordance with the Order of the Special Election and Chapter 9 of the Texas Local
Government Code; and
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.
Ordinance 2009-12
SECTION 2.
ADOPT!ON OF AMENDMENTS
The following amendments to the Home-Rule Charter of the Town of Trophy
Club, Texas, adopted at a Special Election held within the Town on the 9th day of May,
2009 shall upon adoption of this Ordinance and upon this date be put into full effect in
their entirety; and the Charter Amendments set forth herein are now declared to be in
full force and effect as Amendments to the Home-Rule Charter of the Town of Trophy
Club, Texas.
2.01 PROPOSITION NO.4 Three Year Terms for Council -Amendments to
Charter. Amend Article III, Sections 3.01 to be and read in its entirety as set forth
below; Amend Section 3.02(a)(1) to be and read in its entirety as set forth below;
Repeal existing section 3.04 (c) and adopt a new section 3.04 (c) to be and read in its
entirety as set forth below; Amend Section 3.04 by adding a new subsection "d" and "e"
to be and read in their entirety as set forth below; Amend Article V, Section 5.01 by
amending the first paragraph, by repealing existing subsections "a" through "e" and by
adopting new subsections "a" through "g" as set forth below in their entirety; Amend
Section 5.06 to be and read in its entirety as set forth below; Amend Article VI, Section
6.01 to be and read in its entirety as set forth below; Amend Section 6.04, Subsection
"g" by repealing existing subsection "g" in its entirety; and Amend Section 6.06 to be
and read in its entirety as set forth below:
3.01 Number, Selection, Term
The Council shall consist of six (6) members, a Mayor and five (5) Councilmembers,
elected from the Town at-Iarge-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.).
3.02 Qualifications
(a) Each person who becomes a candidate for Mayor or Councilmember shall meet
the following qualifications:
(1) be at least twenty-one (21) years of age on the first day of the form to be filed;
3.04 Vacancies, Forfeiture of Office, Filling of Vacancies
(c) If there is a vacancy in the office of Mayor, a new Mayor shall be elected by
special election within one hundred twenty (120) days after such vacancy occurs, in
accordance with the Texas Constitution and the Texas Election Code.
(d) A vacancy in the office of a Councilmember shall be filled by special election
within one hundred twenty (120) days after such vacancy occurs, in accordance with
the Texas Constitution and the Texas Election Code. If the vacated office is that of
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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.
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 five (5) 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 elected to Place 6 shall receive terms congruent with Place 5.
(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
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two (2) candidates, as to the two (2) candidates, the Council shall order subsequent
elections in the same manner as the runoff election until the tie vote between the two
(2) candidates has been resolved.
5.06 Canvassing and Election Results
Returns of every municipal election shall be delivered forthwith by the Election
Judges to the Town Secretary with a copy of the returns sent to the Mayor. The
Council shall canvass the returns, investigate the qualifications of the candidates
and declare the official results of the election in accordance with the Texas Election
Code. The results of every municipal election shall be recorded in the minutes of the
Council. The qualified person receiving a majority of the votes cast for any office
shall thereupon be declared elected by said Council. The decision of the Council, as
to qualifications of candidates, shall be conclusive and final for all purposes.
6.01 Scope of Recall
Any elected Town official shall be subject to recall and removal from office by the
qualified voters of the Town on grounds of incompetency, misconduct, malfeasance
in office or who knowingly or intentionally violates any provision of the Charter.
6.04 Procedure After Filing Petition for Recall
(g) Deleted.
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.
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2.02 PROPOSITION NO.5 Resign Council Seat -Amendments to Charter.
Amend Article III, Section 3.02(a) to add a new subsection (7) to be and read in its
entirety as set forth below and amend Article V, Section 5.04 to add a new subsection
"f' to be and read in its entirety as set forth below:
3.02 Qualifications
(a)
(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.
5.04 Filing for Office
(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.
2.03. PROPOSITION NO.6 Forfeiture of Office -Amendments to Charter.
Amend Article III, Section 3.04(b) to add a new subsection (2) to be and read in its
entirety as set forth below; Amend to renumber the current subsections (2) and (3) of
Section 3.04(b) to be numbered as subsections (3) and (4) of Subsection 3.04 (b) and
to be and read in their entirety as set forth below:
3.04 Vacancies, Forfeiture of Office, Filling of Vacancies
(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. Forfeiture
of office pursuant to this section may be appealed to an appropriate court as
provided by law.
2.04. PROPOSITION NO.7 Filling Council Vacancies -Amendments to Charter.
Amend Article III, by repealing the current SUbsection "c" of Section 3.04 in its entirety
and adopting a new subsection "c" of 3.04 to be and read in its entirety as set forth
below; Amend Section 3.04 to add new subsections "d" and "e" to be and read in their
entirety as set forth below:
3.04 Vacancies, Forfeiture of Office, Filling of Vacancies
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(c) If there is a vacancy in the office of Mayor, a new Mayor shall be elected by
special election within one hundred twenty (120) days after such vacancy occurs, in
accordance with the Texas Constitution and the Texas Election Code.
(d) A vacancy in the office of a Councilmember shall be filled by special election
within one hundred twenty (120) days after such vacancy occurs, in accordance with
the Texas Constitution and the Texas Election Code. If the vacated office is that of
Mayor Pro-Tem, the Town Council shall elect a new Mayor Pro-Tem at the next
regular meeting.
(e) Vacancies filled by special election shall be for the remainder of the term that
was vacated.
2.05. PROPOSITION NO.9 Mayor Voting -Amendments to Charter. Amend Article
III, Section 3.06 to be and read in its entirety as set forth below; Amend Section 3.12 to
be and read in its entirety as follows: Amend Section 3.16(b) to be and read in its
entirety as follows; Amend Section 3.17 to be and read in its entirety as follows:
3.06 Mayor
The Mayor shall preside over the meetings of the Council, and perform such other
duties consistent with the office as may be imposed upon him by this Charter and by
ordinances and resolutions passed in pursuance thereof. He may participate in the
discussion of all matters coming before the Council and he shall have a vote on all
matters before the Council. He shall sign after authorization by the Council, all
contracts, conveyances made or entered into by the Town, all bonds, warrants and
any other obligations issued under the provisions of this Charter, in the manner
prescribed in the ordinance authorizing the signing of any such obligation. He shall
be recognized as the official head of the Town by the courts for the purpose of
serving civil process, by the Govemor for the purpose of enforcing military law and
for all ceremonial purposes.
3.12 Quorum
A majority of the Council shall constitute a quorum to do business. A number less
than a quorum may adjourn from time to time and compel the attendance of absent
members. Except as otherwise specifically provided herein or as provided by law,
four (4) members of Council shall constitute a quorum for the purpose of transaction
of business and no action of the Council shall be valid or binding unless adopted by
the affirmative vote of four (4) or more members of the Council, or as required by
State law or this Charter. If the Council is reduced to less than four (4) members on
account of vacancies, the remaining members shall constitute a quorum for the sole
purpose of calling an election.
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3.16 Procedure for Enacting Ordinances and Resolutions; Publications
(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 Attomey 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.
3.17 Emergency Ordinances
The Council may adopt emergency ordinances only to meet public emergencies
affecting the life, health, property or the public peace in accordance with State law.
In particular, such ordinances shall not levy taxes, grant or renew or extend a
franchise or regulate the rate charged by any public utility for its services. An
emergency ordinance shall be introduced in the form and manner generally
prescribed for ordinances, except that it shall be plainly designated in the title as an
emergency ordinance and shall contain, after the enacting clause, a declaration
stating that an emergency exists and describing it in clear and specific terms. An
emergency ordinance can be adopted with or without amendment or rejected at the
meeting at which it was introduced. The affirmative vote of four (4) members of the
Council shall be required for adoption. After adoption the ordinance shall be
published as required by law, but may become effective immediately upon
enactment.
2.06 PROPOSITION NO. 10 Agenda Request Process -Amendments to Charter.
Amend Article III, Section 3.11 (b) to be and read in its entirety as follows:
3.11 Rules of the Council
(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.
2.07. PROPOSITION NO. 11 Conflict of interest and Abstention from Voting -
Amendments to Charter. Amend Article III to add a Section entitled "Conflict of Interest
and Abstention" and to be 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. The new Section 3.20 of Article III shall be and read as follows in its entirety:
Article III.
Ordinance 2009-12
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.
2.08. PROPOSITION NO. 12 Appointment Language Consistency -Amendments to
Charter. Amend Article IV Section 4.02(a) to be and read in its entirety as set forth
below; Amend Section 4.07 to be and read in its entirety as set forth below; Amend the
first paragraph of Section 4.11 to be and read in its entirety as set forth below; Amend
Section 4.12 to be and read in its entirety as set forth below; Amend the first paragraph
of Section 4.14 to be and read in its entirety as set forth below:
4.02 Town Manager -Appointment and Qualifications
(a) The Council shall appoint a Town Manager, who shall be the chief administrative
officer of the Town.
4.07 Town Secretary
The Council shall appoint a Town Secretary who shall act as the Secretary to the
Council and shall hold office at the pleasure of the Council. He shall be entitled to a
seat at the Council table at all official meetings.
4.11 Judge of Court
The Council shall by ordinance appoint one or more Judges of the Municipal Court.
A Judge shall be a resident of this state, be a citizen of the United States, a licensed
attorney in good standing, licensed to practice in the State of Texas and must have
two (2) or more years of experience in practicing law in this state.
4.12 Clerk of the Court
The Council shall by ordinance provide for the appointment of a Clerk of the Town of
Trophy Club Municipal Court of Record and shall also provide for the appointment of
such Deputy Clerks as the Council determines appropriate. The Clerk shall keep the
records of the Municipal Courts of record, issue process, and generally perform the
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duties as provided by law and established by Council. The Council may require the
Clerk, before entering upon the duties of the office, to execute a good and sufficient
surety company bond, in such amount as the Council may demand, payable to the
Town and conditioned for the faithful performance of the duties of the office, the
premium of such bond to be paid by the Town. The Council shall fix the
compensation for the Clerk. The authority to set compensation may be delegated at
the discretion of Council.
4.14 Town Attorney -Appointment & Qualifications
The Council shall appoint an attorney licensed and in good standing to practice in
the State of Texas as the Town Attorney. He shall serve at the discretion of the
Council and he shall receive for his services such compensation as may be fixed by
the Council. The authority to set compensation may be delegated at the discretion
of Council.
2.09. PROPOSITION NO. 13 Compliance with Texas Election Code -Amendments to
Charter. Amend Article V, Section 5.01 (e) to be and read in its entirety as set forth
below; Amend Article VI, Sections 6.02 to be and read in its entirety as set forth below;
Amend Section 6.04(f) to be and read in its entirety as set forth below; Amend Article
VII, Sections 7.02 and 7.03 to be and read in their entirety as set forth below.
5.01 Elections
(e) Except as specifically provided in this section, in the case of a tie vote as
between two (2) or more candidates, a special election shall be called by the
Council in accordance with the Texas Election Code. If the tie does not prevent
the filling of the vacancies then the special election shall not be required.
6.02 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.
6.04 Procedure After Filing Petition for Recall
(f) If the Councilmember whose removal is sought does not resign within seven (7)
days after the certified petition is presented to the Council, the Council, at its next
regular meeting or at a specially called meeting, shall order a recall election. The
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date selected for the recall election shall be the earliest available date in accordance
with the Texas Election Code for which all legal requirements to verify the petition
and call the election may be met.
7.02 Petition
Qualified voters of the Town may initiate legislation by submitting a petition
addressed to the Council which requests the submission of a proposed ordinance or
resolution to a vote of the qualified voters of the Town. Said petition must be signed
by qualified voters of the Town equal in number to twenty (20) percent of the number
of qualified voters at the last regular municipal election of the Town, and each copy
of the petition shall have attached to it a copy of the proposed leg islation. 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.
7.03 Referendum
Qualified voters of the Town may require that any ordinance or resolution passed by
the Council be submitted to the voters of the Town for approval or disapproval by
submitting a petition for this purpose within forty-five (45) days after the ordinance or
resolution becomes effective. Said petition shall be addressed, prepared, signed
and verified as required for petitions initiating legislation as provided in Section 7.02
of this Charter and shall be submitted to the person performing the duties of Town
Secretary. The Town Secretary shall present the petition to the Council at its next
regular or special meeting called for this purpose. Upon presentation of the petition
to the Council, it shall become the duty of the Council, within twenty (20) days from
the date of presentation to reconsider such ordinance or resolution. If Council does
not repeal the ordinance or resolution either in its entirety or as specified in the
petition, Council shall call a special election. Pending the holding of such election,
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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.
2.10 PROPOSITION NO. 14 Define grounds for recall. Amend Article VI. Sections
6.01 and 6.03 of the Town Charter to be and read in their entirety as set forth below:
6.01 Scope of Recall
Any elected Town official, whether elected to office by the qualified voters of the
Town or appointed by the Council to fill a vacancy, shall be subject to recall and
removal from office by the qualified voters of the Town on anyone or more of the
following grounds: incompetency, misconduct, malfeasance in office or who
knowingly or intentionally violates any provision of the Charter.
In th is 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, wh ich 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.
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, ifthere 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
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give the Officer sought to be removed notice of the matters and things with which he
is charged on each ground. The signature shall be verified by oath in the following
form:
STATE OF TEXAS §
COUNTY OF §
I, , being first duly sworn, on oath depose and say that I
am one of the signers of the above petition and that each signature appearing
thereto was made in my presence on the day and date it purports to have been
made, and I solemnly swear that the same is the genuine signature of the person
whose name it purports to be.
Subscribed and sworn to before me this ____ day of _______ _
Notary Public, _____ County, Texas
t
2.11. PROPOSITION NO. 19 Budget Process -Amendments to Charter. Amend
Article III, Sections 3.06 and 3.08 to be and read in their entirety as set forth below;
Renumber Section 3.20 to become a part of Article IX, Section 9.09; Amend Article IV,
Section 4.05 (e) to be and read in its entirety as set forth below; Amend Section 4.05 to
add new subsections "f', "g", "j" and "k" and to renumber current subsections "f', "g", "h",
"j", "j" and "k lJ to become subsections uh", "j", 'T', "m", lin" and LID!!; Amend Article IX
entitled "Budget, Finance, and Taxation" by repealing the current Section 9.02 in its
entirety and adopting a new Section 9.02 as set forth below; Repeal the current Section
9.03 in its entirety and adopt a new Section 9.03 as set forth below; Repeal existing
Sections 9.04 through 9.07 and adopt new Sections 9.04 through 9.07 to be and read in
their entirety as set forth below; Adopt a new Section 9.08 and renumber the current
Section 9.08 to become Section 9.10 and to be and read in its entirety as set forth
below; Amend Article IX by repealing current Section 9.09 entitled "Failure to Adopt a
Budget" in its entirety, renumbering the current Article III, Section 3.20 entitled "Audit
and Examination of Town Books and Accounts" to become Section 9.09 entitled "Audit
and Examination of Town Books and Accounts" and to be and read in its entirety as set
forth below; Renumber current Sections 9.10, 9.11, and 9.12 to become Sections 9.11,
9.12, and 9.13 respectively and to be and read in their entirety as follows: Repeal
Sections 9.13 through 9.17 in their entirety; Renumber current Sections 9.18 through
9.24 to become Sections 9.14 through 9.20 and to be and read in their entirety as set
forth below.
3.06 Mayor
Ordinance 2009-12
The Mayor shall preside over the meetings of the Council, and perform such other
duties consistent with the office as may be imposed upon him by this Charter and by
ordinances and resolutions passed in pursuance thereof. He may participate in the
discussion of all matters coming before the Council and in case of a tie vote, he shall
have a casting vote. He shall sign, after authorization by the Council, all contracts,
conveyances made or entered into by the Town, all bonds, warrants and any other
obligations issued under the provisions of this Charter, in the manner prescribed in
the ordinance authorizing the signing of any such obligation. He shall present an
annual state of the Town message, which shall include setting out needs and goals
for the Town. He shall be recognized as the official head of the Town by the courts
for the purpose of serving civil process, by the Governor for the purpose of enforcing
military law and for all ceremonial purposes.
3.08 Powers of the Council
All powers of the Town, and the determination of all matters of policy, shall be
vested in the Council. Without limitation of the foregoing, and among the other
powers that may be exercised by the Council, the following are hereby enumerated
for greater certainty:
(a) Appoint and remove a Town Manager as hereinafter provided;
(b) Adopt the budget of the Town, and remain fully advised as to the financial
condition and future needs of the Town;
(c) Authorize the issuance and sale of bonds by a bond ordinance;
(d) Develop long term goals for the Town and strategies to implement goals;
(e) Inquire into the conduct of any office, department or agency of the Town and
authorize investigations as to municipal affairs;
(f) Provide for such additional boards, commissions and corporations not otherwise
provided for in this Charter, as may be deemed necessary, and appoint the
members of all such boards, commissions and corporations. Such boards,
commissions and corporations shall have all powers and duties now or hereafter
conferred and created by this Charter, by Town ordinance or by State law;
(g) Adopt and modify the zoning plan, and a building code, including electrical and
plumbing codes, of and for the Town; and to require building permits;
(h) Adopt and modify the official map of the boundaries of the Town and its
extraterritorial jurisdiction;
(i) Adopt, modify and carry out plans proposed by the Town Planning and Zoning
Commission for the clearance of slum districts and rehabilitation of blighted areas;
Ordinance 2009-12
CD 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;
(I) Provide for the establishment and designation of fire limits, and prescribe the kind
and character of buildings or structures or improvements to be erected therein;
provide for the erection of fireproof buildings within said limits; provide for the
condemnation of dangerous structures, buildings, dilapidated buildings or buildings
calculated to increase the fire hazard, and prescribe the manner of their removal or
destruction, within said limits;
(m) Provide for a sanitary sewer and water system, and require property owners to
connect their premises with sewer system and provide the penalties for failure to
make sanitary sewer connections;
(n) Provide for sanitary garbage disposal, and set fees and charges therefor, and
provide penalties for failure to pay such fees and charges; define nuisances and to
prohibit same, and provide penalties for violations;
(0) 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;
Ordinance 2009-12
(t) Provide and/or arrange for any and all "civil defense measures" and "public
shelter measures" for the Town and for the citizens thereof, deemed necessary for
the public welfare;
(u) Exercise, or delegate to the Mayor, extraordinary and total executive powers (on
a temporary basis) during the existence and duration of any major public disaster,
for the public welfare; and,
(v) Name and designate an "Official Newspaper" for the Town and cause only the
caption of duly enacted ordinances to be published except as provided otherwise by
law.
4.05 Powers and Duties
The Town Manager shall be the chief administrative officer and head of the
administrative branch of the Town. He shall be responsible to the Council for the
proper administration of all the affairs of the Town and to that end shall have the
power and be required to:
(a) Oversee the effective enforcement of all applicable laws and ordinances,
implement the directives and policies established by Council and oversee the
administration of contracts and franchises to ensure com pliance with the terms
approved by Council;
(b) Appoint, suspend and/or remove all or anyone 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 supeNision to exercise these powers with
respect to subordinates in that officer's department, office or agency;
(c) Direct and supeNise the administration of all departments;
(d) Attend all meetings of the Council, except when excused by the Council. The
Town Manager shall have the right to take part in discussion but shall not vote;
(e) Prepare and submit the annual budget and capital program to the Town Council,
and implement the final budget approved by Council to achieve the goals of the
Town;
(f) Submit to the Town Council and make available to the public, by end of
December, a complete report on the finances and administrative activities of the
Town as of the end of each fiscal year, including outcomes and performance related
to that fiscal year's goals and provide Cost of SeNice delivery comparisons for a
representative sample of North Texas towns;
Ordinance 2009-12
(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;
U) 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;
(I) 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,
(0) Be the custodian of all municipal records of the Council and recommend to the
Council rules and regulations to be adopted by ordinances to protect the safety and
security of the municipal records.
ARTICLE IX
BUDGET, FINANCE AND TAXATION
9.02 Submission
The Town Manager shall submit to the Council a proposed budget and
accompanying message before the first day of August of each year.
9.03 Budget Message
The Town Manager's message shall explain the budget both in fiscal terms and in
terms of the work programs, linking those programs to organizational goals and
community priorities. It shall outline the proposed financial policies of the Town for
the ensuing fiscal year and the impact of those policies on future years. It shall
describe the important features of the budget, indicate any major changes from the
current year in financial policies, expenditures, and revenues together with the
reasons for such changes, summarize the Town's debt position, including factors
affecting the ability to raise resources through debt issues, and include such other
material as the Town Manager deems desirable.
Ordinance 2009-12
9.04 Budget
The budget shall provide a complete financial plan of all Town funds and activities
for the ensuing fiscal year and, except as required by law or this charter, shall be in
such form as the Town Manager deems desirable or the Council may require for
effective management and an understanding of the relationship between the budget
and the Town's strategic goals. The budget shall begin with a clear general summary
of its contents; shall show in detail all estimated income citing the source or basis of
the estimates, indicating the proposed property tax levy, and all proposed
expenditures, including debt service, for the ensuing fiscal year; and shall be so
arranged as to show comparative figures for actual and estimated income and
expenditures of the current fiscal year and actual income and expenditures of the
three prior fiscal years and the projected budgets for the next three fiscal years; the
total of the proposed expenditures shall not exceed the total estimated income and
the balance of available funds. The budget shall indicate in separate sections:
(1) The proposed goals and expenditures for current operations during the ensuing
fiscal year, detailed for each fund by department or by other organization unit, and
program, purpose or activity, method of financing such expenditures, and methods
to measure outcomes and performance related to the goals;
(2) Proposed longer term goals and capital expenditures during the ensuing fiscal
year, detailed for each fund by department or by other organization unit when
practicable, the proposed method of financing each such capital expenditure, and
methods to measure outcomes and performance related to the goals; and
(3) The proposed goals, anticipated income and expense, profit and loss for the
ensuing year for each utility or other enterprise fund or intemal service fund operated
by the Town, and methods to measure outcomes and performance related to the
goals. For any fund, the total of proposed expenditures shall not exceed the total of
estimated income plus carried forward fund balance exclusive of reserves.
9.05 Council Action on Budget
(a) Budget Preparation. The Council shall provide to the Town Manager goals for
the next fiscal period, by the end of January of the current fiscal year.
(b) Notice and Hearing. The Council shall review the proposed budget and revise it
as deemed appropriate prior to general circulation for public hearing. The Council
shall publish the general summary of the budget and a notice stating:
(1) The times and places where copies of the message and budget are available
for inspection by the public, and
(2) The time and place, not less than two weeks after such publication, for public
hearings on the budget.
Ordinance 2009-12
(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.
(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.
9.06 Amendments after Adoption
(a) Supplemental Appropriations. If during or before the fiscal year the Town
Manager certifies that there are available for appropriation revenues in excess of
those estimated in the budget, the Council by ordinance may make supplemental
appropriations for the year up to the amount of such excess.
(b) Emergency Appropriations. To address a public emergency affecting life, health,
property or the public peace, the Council may make emergency appropriations.
Such appropriations may be made by emergency ordinance. To the extent that there
are no available unappropriated revenues or a sufficient fund balance to meet such
appropriations, the Council may by such emergency ordinance authorize the
issuance of emergency notes, which may be renewed from time to time, but the
emergency notes and renewals of any fiscal year shall be paid or refinanced as long
term debt not later than the last day of the fiscal year next succeeding that in which
the emergency appropriation was made.
(c) Reduction of Appropriations. If at any time during the fiscal year it appears
probable to the Town Manager that the revenues or fund balances available will be
insufficient to finance the expenditures for which appropriations have been
authorized, the Town Manager shall report to the Council without delay, indicating
the estimated amount of the deficit, any remedial action taken by the Town Manager
and recommendations as to any other steps to be taken. The Council shall then take
Ordinance 2009-12
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
(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.
9.07 Administration and Fiduciary Oversight of the Budget
The Council shall provide by ordinance the procedures for administration and
fiduciary oversight of the budget.
9.08 Capital Program
(a) Submission to Council. The Town Manager shall prepare and submit to the
Council a five (5) year capital program no later than three months before the final
date for submission of the budget. The capital program shall be revised and
extended each year with regard to capital improvements still pending or in process
of construction or acquisition.
(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 facilitiesto be
constructed or acquired;
(7) A commentary on how the plan addresses the sustainability of the community
Ordinance 2009-12
and the region of which it is a part; and
(8) Methods to measure outcomes and performance of the capital plan related to
the long-term goals of the community.
9.09 Audit and Examination of Town Books and Accounts
The Council shall cause an independent annual audit to be made of the books and
accounts of every department of the Town and may provide for more frequent audits
as it deems necessary. Such audit shall be made by a Certified Public Accountant
who shall be selected by the Council and who shall have no interest, direct or
indirect, in the financial affairs of the Town government or in any of its officers. The
Council may designate such accountant or firm annually or for a period not
exceeding two (2) years, provided that the desig nation for any particular year shall
be made no later than thirty (30) days after the beginning of such fiscal year. Nothing
herein shall prevent the Council from redesignating the same accountant or firm
which has previously been designated to prepare an audit. No Certified Public
Accountant shall serve more than six (6) consecutive years.
9.10 Defect Shall Not Invalidate Tax Levy
Errors or defects in the form or preparation of the budget or the failure to perform
any procedural requirements shall not nullify the tax levy or the tax rate.
9.11 Public Records
Copies of the approved operation budget, capital facilities and property budget and
supporting papers shall be filed with the Town Secretary and shall be public records
available to the public for inspection upon request.
9.12 Specified Reserve Fund
Specified reserve funds may be created for specific purposes, and may be used only
for such purposes.
9.13 Changes in Budget
The Council may make changes in the budget for any municipal purpose or as
otherwise permitted by law.
9.14 Authority to Incur Indebtedness
The Council shall have the power to incur, create, refund and refinance
indebtedness and borrow money for public purposes, to issue special or general
obligation bonds, revenue bonds, funding and refunding bonds, time warrants,
certificates of obligation and other evidences of indebtedness and to secure and pay
Ordinance 2009-12
the same in the manner and In accordance with the procedures provided and
required by State law.
9.15 Bonds Incontestable
All bonds of the Town having been issued and sold and having been delivered to the
purchaser thereof, shall thereafter be incontestable and all bonds issued to refund in
exchange for outstanding bonds previously issued shall and after said exchange be
incontestable.
9.16 Borrowing in Anticipation of Property Tax
In any budget year, the Council may, by resolution, authorize the borrowing of
money in anticipation of the collection of the property tax for the same year whether
levied or to be levied. Notes may be issued for periods not exceeding one (1) year
and must be retired by the end of the budget year in which issued.
9.17 Use of Bond Funds
Any and all bond funds approved by a vote of the qualified voter of the Town will be
expended only for the purposes stated in the bond issue and as otherwise
authorized by law.
9.18 Power to Tax
The Council shall have the power to levy, assess and collect taxes within the
jurisdiction of the Town for any municipal purpose.
9.19 Tax Rate
The tax rate shall be calculated, publicized and adopted in accordance with State
law.
9.20 Other Rules and Regulations
Except as otherwise provided by law or this Charter, the Council shall have the
power to provide by ordinance or resolution such rules, regulations and mode of
procedure to enforce and facilitate the collection by and payment to the Tax
Assessor and Collector of all taxes due the Town as it may deem expedient, and
may provide such penalty and interest as prescribed by State law for the failure to
pay such taxes.
2.12. PROPOSITION NO. 21 Code of Ethics and Ethics Commission -Amendments
to Charter. Amend Article XI of the Charter to add a new Section entitled "Code of
Ethics and Conduct; Ethics Commission" to be numbered as Section 11.14 to be and
read in its entirety as follows:
Ordinance 2009-12
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.
2.13. PROPOSITION NO. 22 Charter Review Commission -Amendments to
Charter. Amend Article XI of the Town Charter to add a new Section entitled "Charter
Review Commission" to be numbered as Section 11.15 to be and read in its entirety as
follows:
11.15 Charter Review Commission
The Council shall appoint a Charter Review Commission no later than July 2012 and
at intervals of not more than four (4) years thereafter. The Commission shall consist
of nine (9) qualified voters of the Town. Each council member shall appoint one
member to serve on the Charter Review Commission, and remaining members shall
be appointed by vote of the Council. The Commission shall review the Town
Charter and make Charter amendment recommendations, where appropriate, that
will help protect or enhance the rights, powers and benefits of all Trophy Club
residents. It shall be the duty of the Charter Review Commission to:
(a) Inquire into the operation of the Town govemment 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.
Ordinance 2009-12
The term of office of Commission shall be six (6) months or longer if extended by the
Council and, at the completion of such term, a report of the proceedings of the
Commission shaH be filed with the Town Secretary and shall become public record.
2.14. PROPOSITION NO. 23 Term Limits -Amendments to Charter. Amend
Article III of the Town Charter to add a new Section entitled "Term Limits" to be
numbered as Section 3.22 to be and read in its entirety as set forth below:
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 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 201 0 election are not counted in the application
of term limits.
2.15. PROPOSITION NO. 24 Franchise Term -Amendments to Charter.
Article X, Section 10.03 to be and read in its entirety as set forth below:
10.03 Power to Grant Franchise
Amend
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 3.
ENGROSSMENT, ENROLLMENT, AND CERTIFICATION
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance as specified by the Home Rule Charter and Chapter 9 of the
Texas Local Government Code. Further, the Mayor shall certify to the Secretary of
State an authenticated copy of the Charter Amendments approved at the May, 2009
election under the Town's seal showing the approval by the voters.
SECTION 4.
Ordinance 2009-12
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 181h day of May, 2009.
&Z;;;~
Mayor
Town of Trophy Club, Texas
Effective Date: 5/27/09
[SEAL]
ATTEST:
~() JJ11aJ,
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
Ordinance 2009-12
The State of Texas
(On', cn! -
. ?;Statutory Documents — (i,G: Phone:512-463-5705
P.O.Box 13550 Fax:512-463-0873
Austin,Texas 78711-3550 Dial 7-1-1 For Relay Services
www.sos.state.tx.us
Hope Andrade
Secretary of State
September 18, 2009
Honorable Connie White
Mayor
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
Re: Charter(Amended)
Dear Mayor White,
This is to inform you that the above documents were filed in this office on September 17,2009.
These documents were recorded in Book 76; pages 1 - 68 in the Book of City Charters and
Amendments.
Sincerely,
,Y41/k2j1/32(Z---
Li a Stout
Director
Statutory Documents
ST/ls