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ORD 2015-43TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-43 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS RENUMBERING AND CORRECTING CLERICAL ERRORS WITHIN THE CHARTER PURSUANT TO SECTION 11.12 ENTITLED "RENUMBER, RENAME, REARRANGE, CLERICAL, TYPOGRAPHICAL AND GRAMMATICAL ERROR CORRECTION" OF ARTICLE XI ENTITLED "GENERAL PROVISIONS" OF THE TOWN OF TROPHY CLUB HOME RULE CHARTER; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS TO SECTION 4.08 ENTITLED "DUTIES OF THE TOWN SECRETARY" OF ARTICLE IV ENTITLED "ADMINISTRATIVE SERVICES" BY RENUMBERING SUBSECTION (D) AND (E), RENUMBERING SECTION 9.04 ENTITLED "BUDGET" OF ARTICLE IX ENTITLED "BUDGET, FINANCE AND TAXATION" BY CHANGING THE OUTLINE FROM 1-2-3 TO (A) -(B) -(C), AND AMENDING SECTION 11.15 ENTITLED "CHARTER REVIEW COMMISSION" OF ARTICLE XI ENTITLED "GENERAL PROVISIONS" TO CORRECT A CLERICAL ERROR IN ORDER TO ADD AN "S" ON THE FOURTH LINE OF THE FIRST PARAGRAPH; PROVIDING FOR ENGROSSMENT, ENROLLMENT, AND CERTIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas is a Home Rule Town acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, at a Special Election held within the Town of Trophy Club, Texas, on the 11th day of May, 2013, 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 a various amendments to the Home Rule Charter for the Town of Trophy Club, Texas; and WHEREAS, on the 21st day of May, 2013, the Town Council of the Town of Trophy Club adopted Ordinance No. 2013-12 canvassing the returns of the Special Election; and WHEREAS, on the 21st day of May, 2013, the Town Council of the Town of Trophy Club adopted Ordinance No. 2013-15 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 amendments to the Home - Rule Charter of the Town of Trophy Club; and WHEREAS, Ordinance No. 2013-15 allowed for the renaming amendment to Section 11.12 entitled "Renumber, Rename, Rearrange, Clerical, Typographical and Grammatical Error Correction"; and WHEREAS, section 11.12 of the Town's Home Rule Charter authorizes the Town Council to enact an ordinance to renumber and rearrange and to correct clerical errors in all articles, sections and paragraphs of the Charter and amendments to the Charter as determined appropriate by Council provided that there is no change to the meaning or effect of any part of the Charter; and WHEREAS, it deemed to serve the best interests of the Town of Trophy Club and its residents that the Town Council adopt this Ordinance renumbering, rearranging and correcting clerical errors within the Charter to accommodate newly adopted amendments to the Charter, and Council has determined that such renumbering and clerical corrections do not change the meaning of the Charter amendments or effect of any part thereof; and 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. ADOPTION OF AMENDMENTS The following Sections of the Charter are reordered to reflect new number and/or letter designations as follows: 2.01 Section 4.08 entitled "Duties of the Town Secretary" and read in their entirety as follows: 114.08 Duties of the Town Secretary The Town Secretary shall: (a) Record the minutes of all official meetings of the Council; provided, however, only the captions of duly enacted ordinances and resolutions shall be recorded in the minutes; (b) Hold and maintain the Town Seal and affix to all instruments requiring such seal; (c) Verify the sufficiency of any petition for recall, initiative, or referendum based upon the requirements of this Charter and all applicable laws; and, (d) Be the custodian of all municipal records of the Town; and ORD 2015-43 Page 2 of 5 (e) Perform such other duties as may be required by the Council, the Town Manager, this Charter or the laws of the State of Texas. 12-08-15, (Renumbered 4.08(d) and 4.08(e), Ord. 2015-43 05-21-13, (Added new Subsection (e), Ord. 2013-15, Prop #10;" 2.02 Section 9.04 entitled "Budget" shall be renumbered and reordered so shall be and read in its entirety as follows: "9.04 Budget The budget shall provide a complete financial plan of all Town funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the Town Manager deems desirable or the Council may require for effective management and an understanding of the relationship between the budget and the Town's strategic goals. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income citing the source or basis of the estimates, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the three prior fiscal years and the projected budgets for the next three fiscal years; the total of the proposed expenditures shall not exceed the total estimated income and the balance of available funds. The budget shall indicate in separate sections: (a) The proposed goals and expenditures for current operations during the ensuing fiscal year, detailed for each fund by department or by other organization unit, and program, purpose or activity, method of financing such expenditures, and methods to measure outcomes and performance related to the goals; (b) Proposed longer term goals and capital expenditures during the ensuing fiscal year, detailed for each fund by department or by other organization unit when practicable, the proposed method of financing each such capital expenditure, and methods to measure outcomes and performance related to the goals; and (c) The proposed goals, anticipated income and expense, profit and loss for the ensuing year for each utility or other enterprise fund or internal service fund operated by the Town, and methods to measure outcomes and performance related to the goals. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance exclusive of reserves. 12-08-15, (Changed Outline from 1-3 to (a) — (c)) Ord. 2015-43 05-09-09, (Repealed Section 9.04 and adopted a new Section 9.04) Ord. 2009-12, Prop #19" ORD 2015-43 Page 3 of 5 2.03 Section 11.15 entitled "Charter Review Commission" shall be amended to an "(s)" to the word "member" on the fourth line of the first paragraph so shall be and read in its entirety as follows: "11.15 Charter Review Commission The Council shall appoint a Charter Review Commission at intervals of not more than seven (7) years. The Commission shall consist of nine (9) qualified voters of the Town. Each council member shall appoint one member to serve on the Charter Review Commission, and remaining members shall be appointed by vote of the Council. The Commission shall review the Town Charter and make Charter amendment recommendations, where appropriate, that will help protect or enhance the rights, powers and benefits of all Trophy Club residents. It shall be the duty of the Charter Review Commission to: (a) Inquire into the operation of the Town government under the Charter and determine whether any provisions require revision. To this end, public hearings may be held; (b) Propose any recommendations it deems desirable to ensure compliance with this Charter; (c) Propose amendments to this Charter to improve its effective application to current conditions; and (d) Report its findings and present its proposed amendments to the Town Council. The Council shall receive and have published in the Town's official newspaper the Charter Review Commission's final report. It shall consider any recommendations and, if any amendments are presented, may order the amendment or amendments submitted to the voters of the Town. The term of office of Commission shall be six (6) months or longer if extended by the Council and, at the completion of such term, a report of the proceedings of the Commission shall be filed with the Town Secretary and shall become public record. 12-08-15, (Added "s" to "member" in fourth line of first paragraph) Ord. 2015-43 05-21-13 (Amended First Paragraph of Section 11.15) Ord. 2013-15, Prop #17; 05-09-09, (Amended Section 11.15 and Subsections (a and d)) Ord. 2009-12, Prop #22" 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, a copy of this Ordinance shall be certified by ORD 2015-43 Page 4 of 5 the Town Secretary and the Mayor and shall be forwarded to the Secretary of State for filing as required by Section 11.12 of the Home Rule Charter of the Town of Trophy Club and Chapter 9 of the Texas Local Government Code. 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 8th day of December, 2015. ATTEST: Holly Fiml es, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: ))a) I 0'iQ' Patricia A. A ams , Town Attorney Town of Trophy Club, Texas C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] O� TR A r C m ORD 2015-43 Page 5 of 5