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ORD 2004-30TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2004-30 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2004-20 THE SAME BEING AN ORDINANCE ORDERING AND CALLING A JOINT ELECTION BETWEEN THE TOWN OF TROPHY CLUB, TEXAS ("TOWN") AND DENTON COUNTY ("COUNTY") WITH TOWN CALLING A SPECIAL ELECTION TO SUBMIT TO THE RESIDENT QUALIFIED VOTERS OF THE TOWN OF TROPHY CLUB A PROPOSITION RELATING TO THE ADOPTION OF THE PROPOSED HOME RULE CHARTER FOR THE TOWN, AND WITH THE COUNTY CALLING A GENERAL ELECTION; PROVIDING FOR AN AMENDMENT TO SECTION 14 ENTITLED "CANVASSING OF RETURNS", BY CHANGING THE TIME TO CANVASS THE ELECTION RETURNS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 9.001 of the Texas Local Government Code and Article 11, Section 5 of the Texas Constitution, the Town of Trophy Club, Texas (tile "Town") is authorized to adopt or amend a municipal charter; and WHEREAS, on August 30, 2004 the Town Council passed Ordinance No. 2004-20, the same being an Ordinance ordering and calling a Special Election to submit to the resident qualified voters of the Town of Trophy Club a proposition relating to the adoption of the proposed Home Rule Charter for the Town; and WHEREAS, following the Special Election, the results of the election were to be canvassed by the Town Council at its regular meeting on November 15, 2004 at 7:00 p.m., and WHEREAS, subsequent to the passage of Ordinance No. 2004-20, the scheduled November 15, 2004 Town Council meeting beginning at 7:00 p.m. was cancelled and it has therefore become necessary to call a Special Council Meeting for the put -poses of canvassing the election and such meeting will be convened at 5:30 p.m. in order to provide a more convenient time for the Town Council to convene and canvass the returns of the Election. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS; SECTION 1. AMENDMENT TO SECTION 14 "CANVASSING OF RETURNS" Section 14 entitled "Canvassing of Returns" of Ordinance No. 2004-20 of the Town of Trophy Club, Texas, is hereby amended to read as follows and all other articles, chapters, sections, paragraphs, sentences, phrases and terms of Ordinance No. 2004-20 are not amended but are hereby ratified and affirmed: In accordance with the Texas Election Code, the Town of Trophy Club Council shall convene on November 15, 2004 at 5:30 p.m. to canvass the returns of the Election. SECTION 2. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of Ordinances of the Town of Trophy Club, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. SEVERABILITY CLAUSE It is hereby declared to be the intent of the Town Council of the Town of Trophy Club that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. 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 exact Caption and Effective Date in the minutes of the Town Council and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication in accordance with law. AND IT IS SO ORDAINED PASSED AND APPROVED by the Town this 81' day of November, 2004. Effective Date: November 13, 2004 ATTEST: t Town Secretqy Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney - Town of Trophy Club, Texas of the="Town of yor ,vn of Trop 6/club, Texas [SEAL] y Club, Texas