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ORD 2004-31TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2004-31 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 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 HELD ON NOVEMBER 2, 2004, AS SUCH RETURNS RELATE TO THE ADOPTION OF THE PROPOSED HOME RULE CHARTER; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE CONFIRMATION OF VOTE TABULATIONS; PROVIDING ADOPTION OF THE HOME RULE CHARTER; AUTHORIZING THE ISSUANCE OF THE CANVASS OF THE SPECIAL ELECTION; PRESCRIBING THE ISSUANCE OF AN AUTHENTICATED COPY OF CHARTER; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 30, 2004, the Town Council of the Town of Trophy Club, Texas (the "Town") passed and approved Ordinance No. 2004-20, an Ordinance which ordered 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 to be held on November 2, 2004, as such returns relate to the adoption of the proposed Home Rule Charter; 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 November 2, 2004, in the Town in conformity with the election laws of the State of Texas, and the results of the Special 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 WHEREAS, the returns of the Special Election, including the returns of the early voting ballots, duly and legally made, showed that each proposition received the following votes: FOR THE ADOPTION OF THE CHARTER AGAINST THE ADOPTION OF THE CHARTER Page 1 of 5 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 SS 1 of the Texas Government Code. 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. CONFIRMATION OF VOTE TABULATIONS That the November 2, 2004, Special Election was duly called and notice thereof given in accordance with law; that the Special Election was held in the manner required by law; that only duly qualified resident voters of the Town of Trophy Club voted at the Special Election; that due returns of the Special Election have been made by the proper officers, and that a majority of the qualified resident voters of the Town of Trophy Club, Texas, voting at the Special Election, have voted in favor of approving and adopting the Charter framed by the Charter Commission as the Home Rule Charter of the Town of Trophy Club, as canvassed and tabulated hereinabove. PROPOSITION PASSED TOTAL NUMBER 21471 THE CHARTER TOTAL NUMBER OF VOTES TOTAL NUMBER OF EARLY VOTING RECEIVED AT OF VOTES VOTES RECEIVED POLL ON ELECTION DAY RECEIVED FOR 1863 608 25471 AGAINST 511 189 700 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 SS 1 of the Texas Government Code. 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. CONFIRMATION OF VOTE TABULATIONS That the November 2, 2004, Special Election was duly called and notice thereof given in accordance with law; that the Special Election was held in the manner required by law; that only duly qualified resident voters of the Town of Trophy Club voted at the Special Election; that due returns of the Special Election have been made by the proper officers, and that a majority of the qualified resident voters of the Town of Trophy Club, Texas, voting at the Special Election, have voted in favor of approving and adopting the Charter framed by the Charter Commission as the Home Rule Charter of the Town of Trophy Club, as canvassed and tabulated hereinabove. PROPOSITION PASSED FOR THE ADOPTION OF 21471 THE CHARTER Page 2 of 5 SECTION 3. ADOPTTON The Town Council of the Town of Trophy Club, Texas hereby officially and affirmatively declares that the Charter has been properly and lawfully adopted, and is now the Home Rule Charter of the Town of Trophy Club, Texas. 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. SECTION 5. ISSUANCE OF AUTHENTICATED COPY OF CHARTER The Mayor is hereby authorized and directed to certify to the Secretary of State of the State of Texas an authenticated copy of the Charter under the official seal of the Town, showing approval thereof by the resident qualified voters of the Town of Trophy Club; and the Town Secretary is hereby authorized and directed to record the Charter at length upon the records of the Town, in a separate book kept in Town offices of Trophy Club for such purpose. SECTION 6. 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 7. 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 Counc}Yof theffown of T ls�jy Club, Texas, this 15`1' day of November, 2004. f j7 ' �! own of Trophy Club, Texas Page 3 of 5 ATTEST: i own zjecreiary Town of Trophy Club, Texas APPROVED TO AS FORM: 4R4AA L"IdAnt-'J/ I Town Attorney Town of Trophy Club, Texas Page 4 of 5 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 November 15, 2004, with the Town Council of the Town, sitting as the Canvassing Board to canvass the returns of the Special Election held on November 2, 2004, at the Trophy Club Town Hall Building, 100 Municipal Drive, Trophy Club, Texas, as such returns related to the adoption of the proposed Home Rule Charter for the Town. 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 hand and caused the seal of the Town of Trophy Club, Texas to be affixed hereto, this 15t1i day afjNovember,,.2404. (Seal) Page 5 of 5 Mayor and P{tegiding Officer of rhe Canvassing Authority Trophy Club, Texas