ORD 2015-39TOWN 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
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 Election Day Total
Results Results Votes
For 248 184 432
Against 505 403 908
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 Election Day Total
Results Results Votes
For 505 363 868
Against 239 219 458
ORD 2015-38 Page 2 of 5
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
specitiea in the Oraer 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
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:
O c
Ho y Fimbre , Town Secretary c
Town of Trophy Club, Texas
y�!1 _3Y
APPROVED AS TO FORM:
5 4WJL�_
atricia A. Adams, Town Attorney
Town of Trophy :.iub Texas
ORD 2015-38 Page 4 of 5
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) O� TtiRpp�
Mayor and Presiding Officer of
O r the Canvassing Authority
mI Trophy Club, Texas
ORD 2015-38 Page 5 of 5