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Agenda Packet TC 05/17/2016 - Special Session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Attachments:ORD 2016-19 - Canvassing May 7, 2016 Joint General and Special Election.pdf DateVer.Action ByActionResult ConsiderandtakeappropriateactionregardinganOrdinancecanvassingthereturnsanddeclaringtheresultsofthe JointGeneralandSpecialElectionheldonMay7,2016,intheTownofTrophyClub,Texas,forthepurposeofelecting one(1)CouncilmembertoPlaceNo.5forathree(3)yearterm;electingone(1)CouncilmembertoPlaceNo.6fora three(3)yeartermoftheTownofTrophyClubTownCouncil;andPropositionNo.1relatedtothelegalizationofthesale of all alcoholic beverages including mixed beverages; and providing an effective date (Staff). Town CouncilPage 3 of 19Meeting Date: May 17, 2016 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2016-19 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 JOINT GENERAL AND SPECIAL ELECTION HELD ON MAY 7, 2016 AS SUCH RETURNS RELATE TO THE ELECTION OF ONE (1) COUNCIL MEMBER TOPLACENO. 5 FOR A THREE (3) YEAR TERM, ONE (1) COUNCIL MEMBER TO PLACENO. 6FOR A THREE (3) YEAR TERM OFTHE TOWN OF TROPHY CLUB TOWN COUNCIL, AND PROPOSITION NO. 1 RELATED TO THE LEGALIZATION OF THE SALE OF ALL ALCOHOLIC BEVERAGES INCLUDING MIXED BEVERAGES; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE CONFIRMATION OF VOTE TABULATIONS; IDENTIFYING THE OFFICIALS ELECTED AND TERMS OF OFFICE;AUTHORIZING THE ISSUANCE OF CERTIFICATES OF ELECTION; PROVIDING FOR THE ENACTMENT OF THE PROPOSITION; AUTHORIZING THE ISSUANCE OF THE CANVASS OF THE JOINT GENERAL AND SPECIAL ELECTION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 19, 2016 the Town Council of the Town of Trophy Club, Texas (the “Town”) passed and approved Ordinance No’s. 2016-06 and 2016-07 respectively, ordering a Joint General and Special Election, for the purpose of electing one (1) Council member toPlaceNo. 5for a three (3) year term, one (1) Council member toPlaceNo. 6 for a three (3) year term ofthe Town of Trophy Club Town Council, and a Special Election with a combined ballot pursuant to The Texas Election Code, Title 17 forthe purpose of submitting to the legally qualified voters of the Town the determination of the legalization of the sale of all alcoholic beverages including mixed beverages; 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 Joint General and SpecialElection; and WHEREAS , the Joint General and SpecialElection was duly and legally held on May 7, 2016, in the Town and in conformity with the election laws of the State of Texas, and the results of the Joint General and SpecialElection, 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 Joint General and SpecialElection, including the returns of early voting ballots in connection therewith, and as such returns are related to the electionof one (1) Council member toPlaceNo. 5 for a three (3) year term, one (1) Council member toPlaceNo. 6for athree (3) year Town CouncilPage 4 of 19Meeting Date: May 17, 2016 term ofthe Town of Trophy Club Town Council, and a Special Election with a combined ballot pursuant to The Texas Election Code, Title 17 for the purpose of submitting to the legally qualified voters of the Town the determination of the legalization of the sale of all alcoholic beverages including mixed beverageshave been presented to the Town Council acting in its capacity as the Canvassing Board; and WHEREAS , the Town Council has considered the returns of the Joint General and SpecialElection, including the returns of early voting ballots in connection therewith, and as such returns are related to the electionof one (1) Council member to PlaceNo. 5for a three (3) year term, one (1) Council member toPlaceNo. 6for athree (3) year term ofthe Town of Trophy Club Town Council, and a Special Election with a combined ballot pursuant to The Texas Election Code, Title 17 for the purpose of submitting to the legally qualified voters of the Town the determination of the legalization of the sale of all alcoholic beverages including mixed beverages; and WHEREAS , the returns of the Joint General and Special Election, including the returns of early voting ballots, duly and legally made, showed that there were cast at the Election the following valid and legal votes: TOTAL TARRANT COUNTYBALLOTS DENTON COUNTY ELECTIONBALLOTSCASTCAST BALLOTSCAST General/Special 1,142* 37* 1,179* Election (*Subject to change based on official results received by Denton and Tarrant County Elections Administrators by May 16, 2016) WHEREAS , the returns of the General Election, including the returns of the early voting ballots, duly and legally made, showed that eachof thecandidates for the office of Council membertoPlaceNo. 5, andCouncil member toPlaceNo. 6 of the Town of Trophy Club Town Council, received the following votes: TOWN OF TROPHY CLUB - ONE COUNCIL MEMBERTOPLACE 5 FOR ATHREE (3) YEAR TERM TOTAL NUMBER TOTAL NUMBER OF VOTES TOTAL NUMBER NAME OF OF EARLY VOTINGRECEIVED ON OF VOTES CANDIDATEVOTES RECEIVEDELECTION DAYRECEIVED Greg Lamont569*219*788* 254*102*356* ORD 2016-19 Page 2 of 7 Town CouncilPage 5 of 19Meeting Date: May 17, 2016 (*Subject to change based on official results received by Denton and Tarrant County Elections Administrators by May 16, 2016) TOWN OF TROPHY CLUB - ONE COUNCIL MEMBERTOPLACE 6 FOR ATHREE (3) YEAR TERM TOTAL NUMBER TOTAL NUMBER OF VOTES TOTAL NUMBER NAME OF OF EARLY VOTINGRECEIVED ON OF VOTES CANDIDATEVOTES RECEIVEDELECTION DAYRECEIVED Philip Shoffner607*253*860* (*Subject to change based on official results received by Denton and Tarrant County Elections Administrators by May 16, 2016) WHEREAS , pursuant to the Home Rule Charter,the candidate for election to each Placeon the Council who receives a majority of all votes cast for all the candidates for such Placeat the election shall be declared elected; and WHEREAS , the returns of the Special Electionon a Measure, including the returns of the early voting ballots, duly and legally made, showed that Proposition No. 1 Special Election with a combined ballot pursuant to The Texas Election Code, Title 17 for the purpose of submitting to the legally qualified voters of the Town the determination of the legalization of the sale of all alcoholic beverages including mixed beverages, received the following votes: PROPOSITION NO. 1 The legal sale of all alcoholic TOTAL NUMBER beverages TOTAL NUMBER OF VOTES TOTAL NUMBER including mixed OF EARLY VOTINGRECEIVED ON OF VOTES beverages. VOTES RECEIVEDELECTION DAYRECEIVED 625*262*887* For 207*70*277* Against (*Subject to change based on official results received by Denton and Tarrant County Elections Administrators by May 16, 2016) WHEREAS , pursuant to State Law, if a majorityof the qualified voters voting on a proposed measure vote in favor thereof, such measure shall become effective in accordance with law. ORD 2016-19 Page 3 of 7 Town CouncilPage 6 of 19Meeting Date: May 17, 2016 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 Joint General and Special Election as related to the election ofone (1) Council member toPlaceNo. 5 for a three (3) year term, one (1) Council member toPlaceNo. 6for a three (3) year term ofthe Town of Trophy Club Town Council, andthe legalization of the sale of all alcoholic beverages including mixed beverages,as canvassed and tabulated above, reflect the expressed desires of the resident, qualified voters of the Town. Section 3.Elected Officials; Terms of Office.In accordance with the canvass and tabulation of the results of the General Election, the duly elected Council members elected on May 7, 2016, and the corresponding terms of office, subject to the taking of the oaths of office as required by State Law, are as follows: TERMNAME OFFICE Council MemberPlace No. 5Three (3) Years Greg Lamont Council MemberPlaceNo. 6 Philip Shoffner Three (3) Years Section 4.Issuance of Certificates of Election.The Mayor is hereby authorized and directed to execute and deliver Certificates of Election to the successful candidates elected at the General Election, as specified in Section 3 hereof. Section 5. Proposition No. 1 – The legal sale of all alcoholic beverages including mixed beverages.In accordance with the canvass and tabulation of the results of the Special Election,thelegal sale of all alcoholic beverages including mixed beverageswas approved by a majority of qualified voters by a vote of 887in favor to 277opposed. Section 6.Issuance of Canvass of the Joint General and Special Election. The Mayor is hereby authorized and directed to execute and deliver the Canvass of the Joint General and 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 7. 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. ORD 2016-19 Page 4 of 7 Town CouncilPage 7 of 19Meeting Date: May 17, 2016 Section 8.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 17thday of May 2016. C. Nick Sanders, Mayor Town of Trophy Club, Texas \[SEAL\] ATTEST: Holly Fimbres, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: PatriciaA.Adams ,Town Attorney Town ofTrophy Club, Texas ORD 2016-19 Page 5 of 7 Town CouncilPage 8 of 19Meeting Date: May 17, 2016 EXHIBIT “A” TOWN OF TROPHY CLUB, TEXAS CANVASS OF GENERAL AND 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 the 17thof May 2016 with the Town Council of the Town, sitting as the Canvassing Board to canvass the returns of the Joint General and Special Election held on May 7, 2016, at the Public Service Conference Room, 100 Municipal Drive, Trophy Club, Texas, as such returns related to the election ofone (1) Council member toPlaceNo. 5for a three (3) year term, one (1) Council member toPlaceNo. 6for athree (3) year term ofthe Town of Trophy Club Town Council, and a Special Election with a combined ballot pursuant to The Texas Election Code, Title 17 for the purpose of submitting to the legally qualified voters of the Town the determination of the legalization of the sale of all alcoholic beverages including mixed beverages. I DO HEREBY CERTIFY that the figures on the tally sheetshereto attached as Exhibit “A-1”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 17thday of May 2016. (Seal)_____________________________________ Mayor and Presiding Officer of the Canvassing Authority Trophy Club, Texas ORD 2016-19 Page 6 of 7 Town CouncilPage 9 of 19Meeting Date: May 17, 2016 EXHIBIT “A-1” TOWN OF TROPHY CLUB, TEXAS CANVASS OF JOINT GENERAL AND SPECIAL ELECTIONTALLY SHEETS ORD 2016-19 Page 7 of 7 Town CouncilPage 10 of 19Meeting Date: May 17, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-266-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/10/2016 In control:Town Council On agenda:5/17/2016 Final action: Title:Oath of Office to be administered by Town Secretary/RMO Holly Fimbres, and presentation of Certificates of Election from Mayor C. Nick Sanders to Greg Lamont, Council Member Place No. 5, and Philip Shoffner, Council Member Place No. 6 (Staff). Attachments:Statement of Appointed Officer - Greg Lamont.pdf Oath of Office - Greg Lamont.pdf Certificate of Election - Greg Lamont.pdf Statement of Appointed Officer - Philip Shoffner.pdf Oath of Office - Philip Shoffner.pdf Certificate of Election - Philip Shoffner.pdf DateVer.Action ByActionResult OathofOfficetobeadministeredbyTownSecretary/RMOHollyFimbres,andpresentationofCertificatesofElection fromMayorC.NickSanderstoGregLamont,CouncilMemberPlaceNo.5,andPhilipShoffner,CouncilMemberPlace No. 6 (Staff). Town CouncilPage 11 of 19Meeting Date: May 17, 2016 STATEMENT OF APPOINTED OFFICER I, Greg Lamont, do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employmentfor the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. Town of Trophy Club Town Council, Council Member Place No. 5 ______________________________________ Greg Lamont Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated therein are trueon this 17th day of May2016. ______________________________________ Holly Fimbres, Town Secretary/RMO Town CouncilPage 12 of 19Meeting Date: May 17, 2016 OATH OF OFFICE In the name and by the authority of THE STATE OF TEXAS I, Greg Lamont, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Trophy Club Town Council, Council Member Place No. 5, of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. ______________________________________ Greg Lamont SWORN TO AND SUBSCRIBED before me this 17th day of May 2016. ______________________________________ Holly Fimbres, Town Secretary/RMO Town CouncilPage 13 of 19Meeting Date: May 17, 2016 CERTIFICATE OF ELECTION IN THE NAME AND BY THE AUTHORITY OF TOWN OF TROPHY CLUB, TEXAS THIS IS TO CERTIFY, that at a general election held on May 7, 2016 Greg Lamont WAS DULY ELECTED Council Member Place No. 5 IN TESTIMONY WHEREOF, I HAVE HEREUNTO SIGNED MY NAME AND CAUSED THE SEAL OF TROPHY CLUB, TEXAS TO BE AFFIXED, THIS 17th DAY OF MAY2016. _________________________________________ Mayor C. Nick Sanders Signature of Presiding Officer of Canvassing Authority Town CouncilPage 14 of 19Meeting Date: May 17, 2016 STATEMENT OF APPOINTED OFFICER I, Philip Shoffner, do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employmentfor the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. Town of Trophy Club Town Council, Council Member Place No. 6 ______________________________________ Philip Shoffner Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated therein are trueon this 17th day of May2016. ______________________________________ Holly Fimbres, Town Secretary/RMO Town CouncilPage 15 of 19Meeting Date: May 17, 2016 OATH OF OFFICE In the name and by the authority of THE STATE OF TEXAS I, Philip Shoffner, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Trophy Club Town Council, Council Member Place No. 6, of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. ______________________________________ Philip Shoffner SWORN TO AND SUBSCRIBED before me this 17th day of May 2016. ______________________________________ Holly Fimbres, Town Secretary/RMO Town CouncilPage 16 of 19Meeting Date: May 17, 2016 CERTIFICATE OF ELECTION IN THE NAME AND BY THE AUTHORITY OF TOWN OF TROPHY CLUB, TEXAS THIS IS TO CERTIFY, that at a general election held on May 7, 2016 Philip Shoffner WAS DULY ELECTED Council Member Place No. 6 IN TESTIMONY WHEREOF, I HAVE HEREUNTO SIGNED MY NAME AND CAUSED THE SEAL OF TROPHY CLUB, TEXAS TO BE AFFIXED, THIS 17th DAY OF MAY2016. _________________________________________ Mayor C. Nick Sanders Signature of Presiding Officer of Canvassing Authority Town CouncilPage 17 of 19Meeting Date: May 17, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-267-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/10/2016 In control:Town Council On agenda:5/17/2016 Final action: Title:Remarks to and from incoming Council Members (Staff). Attachments: DateVer.Action ByActionResult Remarks to and from incoming Council Members (Staff). Town CouncilPage 18 of 19Meeting Date: May 17, 2016 Trophy Club Entities 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-268-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:5/10/2016 In control:Town Council On agenda:5/17/2016 Final action: Title:Consider and take appropriate action regarding the appointment of the Mayor Pro Tem; discussion of same (Staff). Attachments: DateVer.Action ByActionResult Consider and take appropriate action regarding the appointment of the Mayor Pro Tem; discussion of same (Staff). Town CouncilPage 19 of 19Meeting Date: May 17, 2016