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ORD 2009-21TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009-21 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REORDERING NUMBERS AND LEITERS IN THE CHARTER AS A RESULT OF CHARTER AMENDMENTS ADOPTED AT THE MAY, 2009 ELECTION; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR ENGROSSMENT, ENROLLMENT, AND CERTIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at a Special Election held lAW Ordinance 2009-07 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 18th day of May, 2009, the Town Council of the Town of Trophy Club adopted Ordinance 2009-12 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 Home-Rule Charter of the Town of Trophy Club; and WHEREAS, section 11.12 of the Town's Home Rule Charter authorizes the Town Council to enact an ordinance to renumber and rearrange all articles, sections and paragraphs of the Charter and amendments to the Charter as determined appropriate by Council provided that there is no change to the meaning or effect of any part of the Charter; and WHEREAS, it deemed to serve the best interests of the Town of Trophy Club and its residents that the Town Council adopt this Ordinance reordering numbers and letters within the Charter to accommodate the newly adopted amendments to the Charter, and Council has determined that such reordering does not change the meaning of the Charter amendments or effect of any part thereof; and WHEREAS, the ballot language in Ordinance 2009-07 did not allow for the integration of two propositions into one Charter section. 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. ADOPTION OF AMENDMENTS The following Sections of the Charter are reordered to reflect new number and/or letter designations as follows: 2.01 Section 3.06 shall be renumbered and reordered so that Article III of the Charter entitled "The Council" includes Section 3.06 and Section 3.06A which shall be and read in their entirety as follows: 3.06 Mayor ORDINANCE NO. 2009-21 The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and he shall have a vote on all matters before the Council. He shall sign after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. Amended 05-09-09-1, Ord. 2009-7112-Prop #9 Editor's Note: Ref 3.06 and 3.06A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, proposition #9 made the following change: second sentence, following the "and", deleted "in case of a tie vote, he shall have a casting vote" and added "he shall have a vote on all matters before the Council." 3.06A Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and in case of a tie vote, he shall have a casting vote. He shall sign, after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall present an annual state of the Town message, which shall include setting out needs and goals for the Town. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. Amended 05-09-09-1, Ord. 2009-7112-Prop #19 Editor's Note: Ref 3.06 and 3.06 A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, proposition#19 made the following change: Following the third sentence, added "He shall present an annual state of the Town message, which shall include setting out needs and goals for the Town." 2.02 Section 5.01 shall be renumbered and reordered so that Article V of the Charter entitled "Nominations and Elections" includes a new Subsection (h) as adopted at the May 9, 2009 election pursuant to Proposition No. 13 which in part amended Section 5.01(e) of the Charter. The newly added Section 5.01(e-h) shall be and read in its entirety as follows: 5.01 Elections (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. (I) The candidate for election to each Place on the Council, who receives a majority of all votes cast for all the candidates for such Place at the election, shall be declared elected. (g) In the event any candidate for an office fails to receive a majority of all votes cast for all the candidates for such office at such election, the Town Council shall, upon completion of the official canvass of the ballots, issue a call for a runoff election to be held within thirty (30) days following the issuance of such call, or in accordance with the Texas Election Code. The two (2) candidates receiving the highest number of votes (or three (3) persons in case of tie for second place) for any such office in the first election shall be placed upon the ballot to be voted on in such runoff election; and, in case of a tie vote in the runoff election or in the first election if there are only two (2) candidates, as to the two (2) candidates, the Council shall order subsequent elections in the same manner as the runoff election until the tie vote between the two (2) candidates has been resolved. (See Editor's Note 1 below) (h) Except as specifically provided in this section, in the case of a tie vote as between two (2) or more candidates, a special election shall be called by the Council in accordance with the Texas Election ORDINANCE NO. 2009-21 2 Code. If the tie does not prevent the filling of the vacancies then the special election shall not be required. (See Editor's Note 2 below) Amended 05-09-09-1, Sub-Sections (a-e and added f and g) Ord. 2009-7112-Prop #4 Editor's Note 1: Ref 5.01 (e) and 5.01(h). The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, proposition #4 made the following changes: Deleted the original 5.01 (e) which read "Except as specifically provided in this section, in the case of a tie vote as between two (2) or more candidates, a special election shall be cal/ed by Council. The Council shall order a special election not less than thirty (30) days nor more than forty (40) days after the regular election to resolve the tie vote as between such candidates. If the tie does not prevent the filling of the vacancies then the special election shall not be required. "; Added subsections "(e) The candidate for Mayor who receives a majority of all votes cast for all the candidates for such office at the election shall be declared elected. (f) The candidate for election to each Place on the Council, who receives a majority of all votes cast for all the candidates for such Place at the election, shall be declared elected. (g) In the event any candidate for an office fails to receive a majority of all votes cast for all the candidates for such office at such election, the Town Council shall, upon completion of the official canvass of the ballots, issue a call for a runoff election to be held within thirty (30) days following the issuance of such call, or in accordance with the Texas Election Code. The two (2) candidates receiving the highest number of votes (or three (3) persons in case of tie for second place) for any such office in the first election shall be placed upon the ballot to be voted on in such runoff election; and, in case of a tie vote in the runoff election or in the first election if there are only two (2) candidates, as to the two (2) candidates, the Council shall order subsequent elections in the same manner as the runoff election until the tie vote between the two (2) candidates has been resolved." Renumbered 5.01 (e) to 5.01 (h) 08-24-09, Ord. 2009-21, Amended 05-09-09-1, Ord. 2009-7112- Prop #13 Editor's Note 2: Ref 5.01 (e) and 5.01 (h). The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, proposition #13 made the following changes: First sentence, following the word "by" deleted the word "Council" at the end of the sentence and following the word "by" added "the Council in accordance with the Texas Election Code. "; Deleted a second sentence which read "The Council shall order a special election not less than thirty (30) days nor more than forty (40) days after the regular election to resolve the tie vote as between such candidates." 2.03 Section 6.01 shall be renumbered and reordered so that Article VI of the Charter entitled "Recall" includes Section 6.01 and Section 6.01A, (a),(b), and (c) which shall be and read in their entirety as follows: 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. Amended 05-09-09-1, Ord. 2009-7112-Prop #4 Editor's Note: Ref 6.01 and 6.01 A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, proposition #4 made the following change: First sentence fol/owing the word "official," deleted ", whether elected to office by the qualified voters of the Town or appointed by the council to fill a vacancy, ". 6.01A Scope of Recall ORDINANCE NO. 2009-21 3 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 this section: (a) "Incompetency" means (a) gross ignorance of official duties; or (b) gross carelessness in the discharge of official duties; or (c) inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of the officer's election. The term is used in a sense that the Town official has exceeded his or her authority by defying or overruling lawful actions done by the Town Council. (b) "Official misconduct" means intentional unlawful behavior relating to official duties by a Town Official entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town Official to perform a duty imposed on the officer by law. (c) "Malfeasance" means the doing of an act by a Town Official through ignorance, inattention, or malice, which act the official had no legal right or authority to do, or which act exceeds or abuses the official's rightful authority or powers; or the failure to do an act which the Town Official had a legal duty to do. Renumbered (a), (b), and (c) 08-24-09, Ord. 2009-21, Amended 05-09-09-1, Ord. 2009-7112- Prop #14 Editor's Note: Ref 6.01 and 6.01 A. The 2009 election ballot language did not allow for the integration of two propositions into one section. For clarification, proposition #14 made the following changes: Following the first sentence added "In this section: (a) "Incompetency" means (a) gross ignorance of official duties; or (b) gross carelessness in the discharge of official duties; or (c) inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of the officer's election. The term is used in a sense that the Town official has exceeded his or her authority by defying or overruling lawful actions done by the Town Council. (b) "Official misconduct" means intentional unlawful behavior relating to official duties by a Town Official entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town Official to perform a duty imposed on the officer by law. (c) "Malfeasance" means the doing of an act by a Town Official through ignorance, inattention, or malice, which act the official had no legal right or authority to do, or which act exceeds or abuses the official's rightful authority or powers; or the failure to do an act which the Town Official had a legal duty to do." SECTION 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, a copy of this Ordinance shall be certified by the Town Secretary and the Mayor and shall be forwarded to the Secretary of State for filing as required by Section 11.12 of the Home Rule Charter of the Town of Trophy Club and Chapter 9 of the Texas Local Government Code. SECTION 4. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. ORDINANCE NO. 2009-21 4 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 24'h day of August, 2009. Ma0)f Town of Trophy Club, Texas [SEAL] ATTEST: APPROVED TO AS FORM: ~tl1uc£rtdawv.J own Attorney Town ofTrophy Club, Texas ORDINANCE NO. 2009-21 5