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ORD 2004-07TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2004-07 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, CANVASSING THE RETURNS, INCLUDING THE RETURNS OF EARLY VOTING BALLOTS CAST IN CONNECTION THEREWITH, AND DECLARING THE RESULTS OF THE SPECIAL ELECTION (A LOCAL OPTION ELECTION) HELD ON FEBRUARY 7, 2004, AS SUCH RETURNS RELATE TO THE ELECTION ON THE PROPOSITIONS FOR: (1) THE LEGALIZATION OF THE SALE OF BEER AND WINE FOR OFF -PREMISE CONSUMPTION ONLY; AND (2) THE LEGALIZATION OF THE SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY; AUTHORIZING THE ISSUANCE OF THE CANVASS OF THE SPECIAL ELECTION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 1, 2003, the Town Council of the Town of Trophy Club, Texas (the "Town") passed and approved Ordinance No. 2003.24, which Ordinance ordered a Special Election (a Local Option Election) to be held in the Town of Trophy Club, Texas, on February 7, 2004, for the purpose of considering the legal sale of beer and wine for off -premise consumption only and the legal sale of mixed beverages in restaurants by food and beverage certificate holders only; and WHEREAS, Ordinance No. 2003-24 also ordered the appointment of a Presiding Election Judge and an Alternate Presiding EIection 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 Special Election; and WHEREAS, the Special Election was duly and legally held on February 7, 2004, in the Town in conformity with the election Iaws of the State of Texas, and the results of the Local Option Election, including the early voting results, have been certified and returned to the proper judges and clerks thereof; and WHEREAS, the Town Secretary, acting as general custodian of the official returns of the Special Election has presented the official returns of the presiding judges of the Special Election, including the returns of early voting ballots cast in connection therewith, to the Town Council acting in its capacity as the Canvassing Board; and Page 1 of 5 WHEREAS, the returns of the Local Option Election, including the returns of the early voting ballots, duly and legally made, showed that each proposition received the following votes: PROPOSITION #1 LEGALIZATION OF THE SALE OF BEER AND WINE FOR OFF - PREMISE CONSUMPTION ONLY WHEREAS, the returns of the Local Option Election, including the returns of the early voting ballots, duly and legally made, showed that each proposition received the following votes: PROPOSITION #2 LEGALIZATION OF THE SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY TOTAL NUMBER TOTAL NUMBER OF VOTES TOTAL NUMBER OF EARLY VOTING RECEIVED AT OF VOTES VOTES RECEIVED POLL ON RECEIVED ELECTION DAY FOR 575 791 1366 AGAINST 31 77 148 WHEREAS, the returns of the Local Option Election, including the returns of the early voting ballots, duly and legally made, showed that each proposition received the following votes: PROPOSITION #2 LEGALIZATION OF THE SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY and; WHEREAS, the results of the Local Option Election were duly canvassed by the Town Council; and WHEREAS, it is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place and purpose of such meeting was given as required by Chapter 551 of the Texas Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: ;ZK9JHKI3-!M9 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. Page 2 of 5 TOTAL NUMBER TOTAL NUMBER OF VOTES TOTAL NUMBER OF EARLY VOTING RECEIVED AT OF VOTES VOTES RECEIVED POLL ON RECEIVED ELECTION DAY FOR 568 794 1362 AGAINST 28 67 95 and; WHEREAS, the results of the Local Option Election were duly canvassed by the Town Council; and WHEREAS, it is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place and purpose of such meeting was given as required by Chapter 551 of the Texas Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: ;ZK9JHKI3-!M9 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. Page 2 of 5 SECTION 2. CONFIRMATION OF VOTE TABULATIONS The results of the Special Election (A Local Option Election) for the legalization of the sale of beer and wine for off -premise consumption only and the IegaIization of the sale of mixed beverages in restaurants by food and beverage certificate holders only, as canvassed and tabulated above, reflect the expressed desires of the resident, qualified voters of the Town. SECTION 3. ELECTED PROPOSITIONS In accordance with the canvass and tabulation of the results of the Special EIection held on February 7, 2004, resident, qualified electors of the Town who voted at that election cast the following votes at the election. The Town Council hereby declares that the result of the Special EIection is to legalize the sale of beer and wine for off -premises consumption only and to legalize the sale of mixed beverages in restaurants by food and beverage certificate holders only: PROPOSITION PASSED PROPOSITION #1 1366 LEGALIZATION OF THE SALE OF BEER AND WINE FOR OFF - PREMISE CONSUMPTION ONLY PROPOSITION #2 1362 LEGALIZATION OF THE SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY SECTION 4. ISSUANCE OF CANVASS OF LOCAL OPTION ELECTION The Mayor is hereby authorized and directed to execute and deliver the Canvass of the Special Election, a copy of which is attached hereto and incorporated herein as Exhibit "A", in accordance with the election laws of the State of Texas, and to take all other action necessary in connection therewith. Page 3 of 5 SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the Caption and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town and to take all other actions necessary to record this Ordinance as provided by law. SECTION b. 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 TownC ncil o the T n of ophy CIub, Texas, this 16"' day of February, 2004. n ATTEST: Town Secretary Town of Trophy Club, APPROVED TO AS FORM: ---T�Q= A Town Attorney Town oETrophy Club, Texas Page 4 of 5 of Trodhv.Club. Texas [SEAL] EXHIBIT "A" TOWN OF TROPHY CLUB, TEXAS CANVASS OF LOCAL OPTION ELECTION I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding Officer of the Canvassing Authority of the Town, met on February 16, 2004, with the Town Council of the Town, sitting as the Canvassing Board to canvass the returns of the Special Election (A Local Option Election) held on February 7, 2004, at the Trophy Club Town Hall Building, 100 Municipal Drive, Trophy Club, Texas, as such returns related to the legalization of the sale of beer and wine for off -premise consumption only and the legalization of the sale of mixed beverages in restaurants by food and beverage certificate holders only. 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 han�nd caused the seal of the Town of Trophy Club, Texas to be affixed hereto, this 16th day of F6bruVy, 2004_ (Seal) ©� T R C a�q RY 1 .F Page 5 of 5 �ayor and FLesiding Officer of tIle Canvassing Authority Trophy Club, Texas Section 65.014, V.T.C.A., Section Code -Pra.No. 1pTAl BALLbTS 'CAST.":) Yly " & l lett j onlla RETURN SHEET (PAGINA DE DATOS SOBPX- ELRESULTADODELAELECCION) (lVum. de Pct.) 00-401-413 Authorityc❑nduclingc€nclion- (Auloridmdodminiarrunda I -e1- ioa) Town of Trophy Club Date of Elcainn (pechudeInEleccion) 2-07-2004 Type of E€eclion (77podeElecdon) Special Name ofcandidale (or "For" and "Against") (Nombre del candidwo) (a 'A favor dr -y "Err contra de-) Office Sought ar Proposition (Puesto oficial.ralirilodo o Proptuirion) No. of voles received (Num, de vatos recibidas) Proposition#1 - Baer & Wine Sales FOR k1 6 6 yy �Ce Cr7� AGAINST 10� Proposition #2 - Mixed Beverages in FOR �tf G Restaurants AGAINST �i 5 Approximate Population 7,850 Total aumberofvotcrswho voted asindintedbypoll list -Registered Voters 5,185 (NUM—tmral de Vol -1 -qac vmtarmn segue is !islet de votuntu. ) I, the undersigned, the presiding judge for the above drsaibed election held 21 dlc above designated election ptecinct, da hereby certify that the above return is a true and correct return for said election. (Yo, el aiwjo fn-mado juez presidente de In election senaloda a aha que se !levo a cabs en r1 prrcinto electoral d.eagnada arriba, por lm peesente ccrrifirm que las date de orriba son los reruirrraaados vrrdaderos y co—am do dicha rlccrion.) ' DATED this the - 7' day of February 2 y , - r {FECHADA este dice dr , 20�� Presiding Judge Iduez Presuiente) PLACE THIS COPY IN ENVSLOPE NO. i - WHITE