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Agenda Packet TC 11/13/2015 - Special SessionTown Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom8:30 AMFriday, November 13, 2015 SPECIAL SESSION CALL TO ORDER AND ANNOUNCE A QUORUM REGULAR SESSION 1.2015-0714-T Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the Bond Election held on November 3, 2015, in the Town of Trophy Club, Texas to authorize the issuance of General Obligation Bonds for a joint police and town hall facility; and providing an effective date. ORD 2015-38 - Canvassing returns of November 2015 Bond Election.pdfAttachments: 2.2015-0748-T Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the Special Election held on November 3, 2015, in the Town of Trophy Club, Texas for the purpose of two (2) Charter Amendments; and providing an effective date. ORD 2015-39 - Canvassing returns of November 2015 Charter Amendments.pdfAttachments: 3.2015-0750-T Consider and take appropriate action regarding an Ordinance adopting and putting the 2015 Home Rule Charter Amendment into effect; providing for the Incorporation of Premises; providing for engrossment, enrollment, and certification; and providing an effective date. ORD 2015-41 - Adopting and Putting a Charter Amendment in effect.pdfAttachments: ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council Page 1 of 17 Meeting Date: November 13, 2015 November 13, 2015Town Council Meeting Agenda CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on November 9, 2015, by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. Holly Fimbres Town Secretary/RMO If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance, and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2015. ________________________________, Title: ___________________________ Town Council Page 2 of 17 Meeting Date: November 13, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0714-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/21/2015 Town Council On agenda:Final action:11/13/2015 Title:Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the Bond Election held on November 3, 2015, in the Town of Trophy Club, Texas to authorize the issuance of General Obligation Bonds for a joint police and town hall facility; and providing an effective date. Attachments:ORD 2015-38 - Canvassing returns of November 2015 Bond Election.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the Bond Election held on November 3, 2015, in the Town of Trophy Club, Texas to authorize the issuance of General Obligation Bonds for a joint police and town hall facility; and providing an effective date. Town Council Page 3 of 17 Meeting Date: November 13, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-38 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A BOND ELECTION HELD IN THE TOWN OF TROPHY CLUB, TEXAS, ON NOVEMBER 3, 2015; AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, the Town Council (the “Town Council”) of the Town of Trophy Club, Texas (the “Town”) duly authorized a bond election (the “Election”) to be held within the Town on November 3, 2015, for the purpose of submitting to the resident qualified electors of the Town the proposition hereinafter set forth; and WHEREAS, the Town Council has investigated all matters pertaining to the Election, including the ordinance calling the Election, giving notice, appointing officers, holding and making returns of the Election; the election officers who held the Election have duly made the returns of the results thereof; and said returns have been duly delivered to the Town Council for official canvassing of the returns thereof; and WHEREAS, upon the consideration of the returns of the Election, it is hereby found and determined that the same was held in accordance with the authorizing proceedings and was in all respects legally held after due notice had been given, and the returns duly and legally made, and other instruments, showed the following results: PROPOSITION NO. 1 Shall the Town Council of the Town of Trophy Club, Texas be authorized to issue general obligation bonds of said Town in the aggregate principal amount of $5,400,000 for the purpose of providing funds for permanent public improvements, to-wit: designing, developing, constructing and equipping a joint police and town hall facility and the acquisition of land therefore; such bonds to mature serially within not to exceed twenty-five (25) years from their date, to be issued in one or more series and sold at such prices and bear interest at such rates as shall be determined within the discretion of the Town Council under the laws of the State in effect at the time of such issuance; and to provide for the payment of the principal of and interest on said bonds by levying ad valorem taxes to be assessed and collected annually in an amount sufficient to pay the annual interest on and to create a sinking fund to redeem said bonds as they become due. 840* Votes For 497* Votes Against Town Council Page 4 of 17 Meeting Date: November 13, 2015 TOTAL BALLOTS CAST IN ELECTION: 1,361* (*Subject to change based on results received by Denton County and Tarrant County Elections Administrators by November 12, 2015) NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS THAT: Section 1. All of the recitals contained in the preamble of this Ordinance are found to be true and are adopted as findings of fact by the Town Council and as part of its judgment. Section 2. It is found and determined that the results of the Election as canvassed and tabulated in the preamble hereof reflect the expressed desires of the electors. Section 3. This Ordinance shall take effect immediately upon its passage and approval. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 13th day of November, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2015-38 Page 2 of 4 Town Council Page 5 of 17 Meeting Date: November 13, 2015 MINUTES AND CERTIFICATION PERTAINING TO PASSAGE OF AN ORDINANCE On November 13, 2015, the Town Council of the Town of Trophy Club, Texas, convened at ______ a.m., in a Special Session meeting at the regular meeting place thereof, the meeting being open to the public and notice of said meeting, giving the date, place and subject thereof, having been posted as prescribed by Chapter 551, Texas Government Code, as amended; and the roll was called of the duly constituted officers and members of the Town Council, which officers and members are as follows: C. Nick Sanders, Mayor Jim Parrow ) Greg Lamont, Mayor Pro Tem Garrett Reed ) Rhylan Rowe ) Members of Tim Kurtz ) the Council Philip Shoffner ) and all of said persons were present except ________________________________, thus constituting a quorum. Whereupon, among other business, a written ordinance bearing the following caption was introduced: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A BOND ELECTION HELD IN THE TOWN OF TROPHY CLUB, TEXAS, ON NOVEMBER 3, 2015; AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. The Ordinance, a full, true and correct copy of which is attached hereto, was read and reviewed by the Town Council. Thereupon, it was duly moved and seconded that the Ordinance be finally passed and adopted. The Presiding Officer put the motion to a vote of the members of the Town Council, and the Ordinance was finally passed and adopted by the following vote: AYES: ___ NAYS: ___ ABSTENTIONS: ___ ORD 2015-38 Page 3 of 4 Town Council Page 6 of 17 Meeting Date: November 13, 2015 MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT, and to correctly reflect the duly constituted officers and members of the Town Council of said Town, and the attached and following copy of said Ordinance is hereby certified to be a true and correct copy of an official copy thereof on file among the official records of the Town, all on this 13th day of November, 2015. _______________________________ Town Secretary Town of Trophy Club, Texas Minutes and Certification of Ordinance Canvassing Election Result Town Council Page 7 of 17 Meeting Date: November 13, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0748-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/6/2015 Town Council On agenda:Final action:11/13/2015 Title:Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the Special Election held on November 3, 2015, in the Town of Trophy Club, Texas for the purpose of two (2) Charter Amendments; and providing an effective date. Attachments:ORD 2015-39 - Canvassing returns of November 2015 Charter Amendments.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the Special Election held on November 3, 2015, in the Town of Trophy Club, Texas for the purpose of two (2) Charter Amendments; and providing an effective date. Town Council Page 8 of 17 Meeting Date: November 13, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-39 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 HELD ON NOVEMBER 3, 2015, AS SUCH RETURNS RELATE TO THE TWO (2) PROPOSITIONS CONTAINING POTENTIAL AMENDMENTS TO THE TOWN’S HOME RULE CHARTER; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE CONFIRMATION OF VOTE TABULATIONS; PROVIDING FOR THE ENACTMENT OF A PROPOSITION; AUTHORIZING THE ISSUANCE OF THE CANVASS OF THE SPECIAL ELECTION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 11, 2015 the Town Council of the Town of Trophy Club, Texas (the “Town”) passed and approved Ordinance No. 2015-17 ordering a Special Election regarding two (2) Propositions containing potential amendments to the Town’s Home Rule Charter; and WHEREAS, Ordinance No. 2015-17 also ordered the appointment of a Presiding Election Judge and an Alternate Presiding Election 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, it appears that a total of 1,361* votes were cast in such elections; and WHEREAS, the Special Election was duly and legally held on November 3, 2015 in the Town and 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 official returns of the presiding judges of the Special Election, including the returns of early voting ballots in connection therewith, and as such returns are related to a Special Election as related to two (2) Propositions containing potential amendments to the Town’s Home Rule Charter, have been presented to the Town Council acting in its capacity as the Canvassing Board for the Special Election; and Town Council Page 9 of 17 Meeting Date: November 13, 2015 WHEREAS, the Town Council has considered the returns of the Special Election as related to two (2) propositions to amend the Home Rule Charter for the Town, as initiated by the Town Council, in regards to removing the provision that restricts a person from holding office as Mayor or as a Councilmember for successive full terms totaling more than six (6) years and repealing language requiring the Town Manager to submit a proposed budget and message to the Town Council before August 1 of each year and requiring the submission of the budget and message each year in accordance with State law requirements; including the returns of early voting ballots cast in connection therewith; 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: Proposition No. 2: TERM LIMITS: AN AMENDMENT TO REPEAL SECTION 3.22 “TERM LIMITS” IN ITS ENTIRETY IN ORDER TO REMOVE THE CHARTER PROVISION THAT RESTRICTS A PERSON FROM HOLDING OFFICE AS MAYOR OR AS A COUNCILMEMBER FOR SUCCESSIVE FULL TERMS TOTALING MORE THAN SIX (6) YEARS. Early Voting Results Election Day Results Total Votes For 248* 184* 432* Against 505* 401* 906* Proposition No. 3: BUDGET, FINANCE AND TAXATION-SUBMISSION: AN AMENDMENT TO SECTION 9.02 “SUBMISSION” REPEALING THE LANGUAGE REQUIRING THAT THE TOWN MANAGER SUBMIT A PROPOSED BUDGET AND MESSAGE TO TOWN COUNCIL BEFORE AUGUST 1 OF EACH YEAR AND ADOPTING LANGUAGE REQUIRING THE SUBMISSION OF THE BUDGET AND MESSAGE EACH YEAR IN ACCORDANCE WITH STATE LAW REQUIREMENTS. Early Voting Results Election Day Results Total Votes For 505* 361* 866* Against 239* 219* 458* (*Subject to change based on results received by Denton County and Tarrant County Elections Administrators by November 12, 2015) ORD 2015-38 Page 2 of 5 Town Council Page 10 of 17 Meeting Date: November 13, 2015 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. The results of the Special Election, as related to two (2) Propositions containing potential amendments to the Town’s Home Rule Charter, and as canvassed and tabulated above, reflect the expressed desires of the resident, qualified voters of the Town. Section 3. Enactment of Propositions. In accordance with the canvass and tabulation of the following results of the Special Election and consistent with the Town’s Home Rule Charter and Orders of Election contained in Ordinance No. 2015-17, Proposition No. 1 to remove the provision that restricts a person from holding office as Mayor or as a Councilmember for successive full terms totaling more than six (6) years; and Proposition No. 2 to repeal language requiring the Town Manager to submit a proposed budget and message to the Town Council before August 1 of each year and requiring the submission of the budget and message each year in accordance with State law requirements shall be duly enacted pursuant to the canvass, tabulation, Town’s Home Rule Charter and Election Orders for each of the Propositions as set forth on the ballot, and the Town Council shall contemporaneously with the passage of this Ordinance adopt an Ordinance putting the Home Rule Charter Amendments into effect as specified in the Order of Election and the Town’s Home Rule Charter. Section 4. Issuance of Canvass of the Special 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 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. Engrossment and Enrollment. The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as required in the Town Charter. Section 6. Effective Date. This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. ORD 2015-38 Page 3 of 5 Town Council Page 11 of 17 Meeting Date: November 13, 2015 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 13th day of November, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2015-38 Page 4 of 5 Town Council Page 12 of 17 Meeting Date: November 13, 2015 TOWN OF TROPHY CLUB, TEXAS CANVASS OF SPECIAL ELECTION I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding Officer of the Canvassing Authority of the Town, met on 13th day of November, 2015 with the Town Council of the Town, sitting as the Canvassing Board to canvass the returns of the Special Election held on November 3, 2015, at the Trophy Club Town Hall Building, 100 Municipal Drive, Trophy Club, Texas, as such returns related to amendments of the 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 13th day of November, 2015. (Seal) __________________________ Mayor and Presiding Officer of the Canvassing Authority Trophy Club, Texas ORD 2015-38 Page 5 of 5 Town Council Page 13 of 17 Meeting Date: November 13, 2015 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12015-0750-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/9/2015 Town Council On agenda:Final action:11/13/2015 Title:Consider and take appropriate action regarding an Ordinance adopting and putting the 2015 Home Rule Charter Amendment into effect; providing for the Incorporation of Premises; providing for engrossment, enrollment, and certification; and providing an effective date. Attachments:ORD 2015-41 - Adopting and Putting a Charter Amendment in effect.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance adopting and putting the 2015 Home Rule Charter Amendment into effect; providing for the Incorporation of Premises; providing for engrossment, enrollment, and certification; and providing an effective date. Town Council Page 14 of 17 Meeting Date: November 13, 2015 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-41 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING AND PUTTING THE 2015 HOME-RULE CHARTER AMENDMENT INTO EFFECT; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR ENGROSSMENT, ENROLLMENT, AND CERTIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at a Special Election held within the Town of Trophy Club, Texas, on the 3rd day of November, 2015, 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 an amendment to the Home Rule Charter for the Town of Trophy Club, Texas; and WHEREAS, on the 13th day of November, 2015, 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 an amendment 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 amendment passed and approved now be put into full effect consistent with the official results of the November, 2015 Special Election in accordance with the Order of the Special Election and Chapter 9 of the Texas Local 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. Town Council Page 15 of 17 Meeting Date: November 13, 2015 ORD 2015-41 Page 2 of 3 SECTION 2. ADOPTION OF AMENDMENTS The following amendment to the Home-Rule Charter of the Town of Trophy Club, Texas, adopted at a Special Election held within the Town on the 3rd day of November, 2015 shall upon adoption of this Ordinance and upon this date be put into full effect in its entirety; and the Charter Amendment set forth herein is now declared to be in full force and effect as an Amendment to the Home-Rule Charter of the Town of Trophy Club, Texas. 2.01 PROPOSITION NO. 3: BUDGET, FINANCE AND TAXATION-SUBMISSION. Amend the first paragraph of Article IX, Section 9.02 to be and read as set forth below and with all paragraphs sections, and subsections not specifically amended remaining unchanged: 9.02 Submission The Town Manager shall submit to the Council a proposed budget and accompanying message each year in accordance with the requirements of State law. 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 Amendment approved at the November, 2015 election under 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 13th day of November, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas Town Council Page 16 of 17 Meeting Date: November 13, 2015 ORD 2015-41 Page 3 of 3 [SEAL] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council Page 17 of 17 Meeting Date: November 13, 2015