ORD 2013-15iiE # # ' # 1 E .
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXA
ADOPTING • ! PUTTING THE 2013 HOME -RULE-
AMENDMENTS • EFFECT; PROVIDING FOR TH
ENROLLMENT,INCORPORATION OF PREMISES; PROVIDING FOR ENGROSSMEN
! • AND PROVIDING
DATE.EFFECTIVE
WHEREAS, at a Special Election held within the Town of Trophy Club, Texas, on
the 11th day of May, 2013, 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 215't day of May, 2013, 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 Home -Rule Charter of the Town of Trophy Club; and
WHEREAS, section 9.005 of the Texas Local Government 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, 2013 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 TAE
TOWN OF i 'TEXAS:
SECTION 1.
11 &REITI" • # # . .
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.
SECTIOR 2.
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 11th day of May,
2013 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. 3: Qualifications for Council. Amend Article 111, Section
3.02(a)(1) to be and read as set forth below and with all paragraphs sections,
and subsections not specifically amended remaining unchanged:
3.02 Qualifications
(a) Each person who becomes a candidate for Mayor or Councilmember shall
meet the following qualifications:
(1) be at least eighteen (18) years of age on the first day of the form to be
filed;
2.02 PROPOSITION NO. 4: Qualifications for Council; Vacancies, Forfeiture of
Office, Filling of Vacancies. Amend Article III, Section 3.02(b) and Article III,
Section 3.04(b) to be and read as set forth below and with all paragraphs,
sections and subsections not specifically amended remaining unchanged:
3.02 Qualifications
(b) The Council shall be the judge of the qualifications of candidates for office in
accordance with Section 3.04(b) and for these purposes shall have the power
to subpoena witnesses and require the production of records.
3.04 Vacancies, Forfeiture of Office, Filling of Vacancies.
The Council shall, by an affirmative 3/4 vote of the entire membership, be the
judge in matters involving forfeiture of office by a Councilmember or the Mayor;
provided however, that if any member is convicted of a felony or a crime of moral
turpitude while in office, the office shall immediately and automatically become
vacant without any requirement for action by the Council. Forfeiture of office
pursuant to this section may be appealed to an appropriate court as provided by
law.
2.03 PROPOSITION NO. 5: Mayor. Repeal Article III, Section 3.06A and amend
Article III, Section 3.06 to be and read as set forth below and with all paragraphs,
sections and subsections not specifically amended remaining unchanged:
The Mayor shall preside over the meetings of the Council, and perform such
other duties consistent with the office as may be imposed upon him by this
Charter and by ordinances and resolutions passed in pursuance thereof. He
may participate in the discussion of all matters coming before the Council and he
shall have a vote on all matters before the Council. He shall sign after
authorization by the Council, all contracts, conveyances made or entered into by
the Town, all bonds, warrants and any other obligations issued under the
provisions of this Charter, in the manner prescribed in the ordinance authorizing
the signing of any such obligation. He shall present an annual state of the Town
message, which shall include setting out needs and goals for the Town. He shall
be recognized as the official head of the Town by the courts for the purpose of
serving civil process, by the Governor for the purpose of enforcing military law
and for all ceremonial purposes.
2.04. PROPOSITION NO. 6; Emergency Ordinances. Amend Article 111, Section
3.17 "Emergency Ordinances" of the Town Charter to be and read as set forth below
and with all paragraphs, sections and subsections not specifically amended remaining
unchanged:
3.17 Emergency Ordinances
The Council may adopt emergency ordinances only to meet public emergencies
affecting the life, health, property or the public peace in accordance with State
law. In particular, such ordinances shall not levy taxes, grant or renew or extend
a franchise or regulate the rate charged by any public utility for its services, and
shall be adopted as authorized by applicable state or federal law. After adoption
the ordinance shall be published as required by law, but may become effective
immediately upon enactment.
2.05. PROPOSITION NO. 7: Investigative Powers of the Council. Amend Article 111,
Sectio .19 "Investigative Powers of the Council" of the Town Charter to be and read in
as set forth below and with all paragraphs, sections and subsections not specifically
amended remaining unchanged:
3.19 Investigative Powers of the Council
The Council, by the affirmative vote of a quorum, shall have the power to
authorize an inquiry or investigation into the official conduct of any office,
department, or agency of the Town.
2.06. PROPOSITION NO. 8: Indemnification of Officers. Amend Article 111, Section
3.21 "Indemnification of Officers" of the Town Charter to be and read as set forth below
and with all paragraphs, sections and subsections not specifically amended remaining
unchanged:
3.21 Indemnification of Officers
The Council may, by appropriate ordinance, provide for the indemnification and
defense of the officers and employees of the Town, including members of the
Council, or any board, commission, or committee, including volunteers, against
any loss, cost, or expense arising out of or related to the discharge of official
duties, to the extent such indemnification is allowed by law and to the extent such
actions or inactions are covered under the terms of the Town's general liability
insurance coverage. Under no circumstances shall indemnification be provided
for any act arising out of the intentional or knowing violation of any penal statute
or for any personal or private business of such officer, employee, member or
volunteer, or for any criminal misconduct.
2.07. PROPOSITION NO. 9: Power and Duties—Town Manager. Amend Article III,
Section 4.05(f) "Powers and Duties" of the Town Manager of the Town Charter to be
and read as set forth below and with all paragraphs, sections and subsections not
specifically amended remaining unchanged:
4.05 Powers and Duties
(f) On an annual basis, submit to the Town Council and make available to the
public a complete report on the finances and administrative activities of the
Town's prior fiscal year;
2.08. PROPOSITION NO. 10: Powers and Duties—Town Manager; Town
Secretary. Amend Article IV, Section 4.05(o) "Powers and Duties" of the Town
Manager and Article IV, Section 4.08(e) "Duties of the Town Secretary" of the Town
Charter to be and read as set forth below and with all paragraphs, sections and
subsections not specifically amended remaining unchanged:
4.05 Powers and Duties
(o) Recommend to the Council rules and regulations to be adopted by
ordinances to protect the safety and security of the municipal records.
4.08 Duties of the Town Secretary
(e) Be the custodian of all municipal records of the Town; and
2.09. PROPOSITION NO. 11: Municipal Court. Amend Article IV, Section 4.10
"Municipal Court" of the Town Charter to be and read as set forth below and with all
paragraphs, sections and subsections not specifically amended remaining unchanged:
4.10 Municipal Court
There shall be a court designated to serve the Town as the Municipal Court for
the trial of misdemeanor offenses, with all such powers and duties as are now, or
may hereafter be, prescribed by laws of the State of Texas relative to Municipal
Courts.
2.10. PROPOSITION NO. 12: Clerk of the Court. Amend Article IV, Section 4.12
"Clerk of the Court" of the Town Charter to be and read as set forth below and with all
paragraphs, sections and subsections not specifically amended remaining unchanged:
4.12 Clerk of the Court
The Council shall by ordinance provide for the appointment and oversight of a
Clerk, Deputy Clerk and such other personnel that the Council determines
appropriate to serve the Municipal Court of the Town. The duties and authority of
all Court personnel shall be in accordance with state law and Town ordinance.
2.11. PROPOSITION NO. 13: Canvassing and Election Returns. Amend Article V,
Section 5.06 "Canvassing and Election Returns" of the Town Charter to be and read as
set forth below and with all paragraphs, sections and subsections not specifically
amended remaining unchanged:
5.06 Canvassing and Election Results
Returns of every municipal election shall be delivered forthwith by the Election
Judges to the Town Secretary with a copy of the returns sent to the Mayor. The
Council shall canvass the returns, investigate the qualifications of the candidates
and declare the official results of the election in accordance with the Texas
Election Code, including without limitation, any provision that alters the
requirements of this Charter. The results of every municipal election shall be
recorded in the minutes of the Council. The qualified person receiving a majority
of the votes cast for any office shall thereupon be declared elected by said
Council. The decision of the Council, as to qualifications of candidates, shall be
conclusive and final for all purposes.
2.12. PROPOSITION NO. 14: Scope of Recall. Repeal Article VI, Section 6.01
"Scope of Recall" of the Town Charter and amend Section 6.01A"Scope of Recall" of
the Town Charter to be and read as set forth below and with all paragraphs, sections
and subsections not specifically amended remaining unchanged:
6.01A Scope of Recall
Any elected Town official shall be subject to recall and removal from office by the
qualified voters of the Town on any one or more of the following grounds:
incompetency, misconduct, malfeasance in office or who knowingly or
intentionally violates any express prohibition of the Charter.
2.13. PROPOSITION NO. 15: Capital Program: Submission to Council. Amend
Article IX, Section 9.08(a) "Submission to Council" of Section 9.08 "Capital Program" of
the Town Charter shall be amended to be and read as set forth below and with all
paragraphs, sections and subsections not specifically amended remaining unchanged:
(a) Submission to Council. The Town Manager shall prepare and submit to the
Council a five (5) year capital program before the first day of August of each
year. The capital program shall be revised and extended each year with regard
to capital improvements still pending or in process of construction or acquisition.
2.14. PROPOSITION NO. 16: Rearrangement and Renumber. Amend Article XI,
Section 11.12 "Rearrangement and Renumbering" to rename Article XI, Section 11.12
"Renumber, Rename, Rearrange, Clerical, Typographical, and Grammatical Error
Correction" of the Town Charter and to be and read as set forth below and with all
paragraphs and sections not specifically amended remaining unchanged:
11.12 Renumber, Rename, Rearrange, Clerical, Typographical and
Grammatical Error Correction.
The Council shall have the power, by ordinance, to renumber, rename and
rearrange all articles, sections and paragraphs of this Charter, or any
amendments thereto, and to correct clerical, typographical or grammatical errors
within the Charter, as it shall deem appropriate, provided that such action does
not change the meaning or effect of any part hereof, and, upon the passage of
any such ordinance, a copy thereof, certified by the Town Secretary, shall be
forwarded to the Secretary of State of the State of Texas for filing.
2.15. PROPOSITION NO. 17: Charter Review Commission. Amend the first
paragraph of Article XI, Section 11.15 "Charter Review Commission" of the Town
Charter to be and read as follows and with all paragraphs, sections and subsections not
specifically amended remaining unchanged:
11.15. Charter Review Commission
The Council shall appoint a Charter Review Commission at intervals of not more
than seven (7) years. The Commission shall consist of nine (9) qualified voters
of the Town. Each council member shall appoint one member to serve on the
Charter Review Commission, and remaining member 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:
2.16. PROPOSITION NO. 18: Number, Selection, Term; Elections. Amend Article
111, Section 3.01 "Number, Selection, Term" and Article V, Section 5.01 "Elections" of the
Town Charter to be and read as set forth below and with all paragraphs, sections and
subsections not specifically amended remaining unchanged:
3.01 Number, Selection, Term
The Council shall consist of seven (7) members, a Mayor and six (6)
Councilmembers, elected from the Town at -large -by -place in the manner
provided in Article V, for a term of three (3) years or until their successors have
been elected and take office as provided in Article V. Each Councilmember shall
be elected to and occupy a place on the Council, such Places being numbered
(e.g., Place 1, Place 2, Place 3, etc.).
pul
The general Town election shall be held annually on a date in accordance with
the laws of the State of Texas and as established by Town ordinance,
commencing in the year 2009 at which time officers will be elected to fill those
offices which become vacant that year. The Council may, by ordinance, order a
special election, fix the time and place for holding same and provide all means
for holding such special election.
The Mayor and six (6) Councilmembers shall be elected and serve in the
following manner:
(d) A Councilmember shall be elected to Place 6 at the November 2013 election
for an initial term of office expiring at the May, 2016 election; thereafter Place 6
shall have three year terms."
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, 2013
election Linder the Town's seal showing the approval by the voters.
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.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 21st day of May, 2013.
Cdnnie White, Mayor
Town of Trophy Club, Texas
Um
A %y`F-ukane, T-67�XSecretary
Town of Trophy Club, Texas
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
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