ORD 2020-03 Charter Amendment Election TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2020-03
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ORDERING AND CALLING A CHARTER
AMENDMENT ELECTION FOR THE TOWN OF TROPHY CLUB
("TOWN") TO BE HELD ON MAY 2, 2020 FOR THE PURPOSE OF
SUBMITTING TO THE RESIDENT QUALIFIED VOTERS OF THE TOWN
OF TROPHY CLUB 3 PROPOSITIONS RELATING TO THE
AMENDMENT OF THE HOME RULE CHARTER FOR THE TOWN AND
OTHER MEASURES AS MORE FULLY SET FORTH HEREIN;
PROVIDING FOR THE INCORPORATION OF PREMISES; SPECIFYING
THE DATE OF ELECTION; SPECIFYING THE PURPOSE OF THE
ELECTION; SPECIFYING ELIGIBILITY FOR CANDIDACY; PROVIDING
FOR AN APPLICATION FOR A PLACE ON THE BALLOT; PROVIDING
FOR A RUNOFF ELECTION; PROVIDING FOR THE APPOINTMENT
OF A PRESIDING ELECTION JUDGE AND AN ALTERNATE
PRESIDING ELECTION JUDGE; ESTABLISHING OTHER
PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING
A DATE FOR CANVASSING RETURNS; PROVIDING FOR
NECESSARY ACTIONS; PROVIDING A JOINT ELECTION
AGREEMENT WITH DENTON COUNTY AND TARRANT COUNTY;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 41.001 (a) (2) of the Texas Election Code (hereinafter the
"Code") establishes the first Saturday of May as a Uniform Election Date for the
purposes of conducting a General or Charter Amendment Election; and
WHEREAS, Section 3.004 of the Texas Election Code provides that the
governing body of a municipality shall be the authority to order a General or Charter
Amendment Election; and
WHEREAS, the Town Council finds and declares that the meeting at which this
Ordinance is considered is open to the public as required by law, and that public notice
of the time, place, and purpose of such meeting was given as required by Chapter 551,
Texas Government Code, as amended; and
WHEREAS, Section 3.005 of the Texas Election Code provides that an election
ordered by an authority of a municipality shall be ordered not later than the 62nd day
before Election Day; and
WHEREAS, because the Town of Trophy Club is located in both Denton County
and Tarrant County, the Town will enter into an Election Services Contract with Denton
County for the purpose of having Denton County provide election services for both the
Denton County and Tarrant County residents of Trophy Club; and
WHEREAS, the Election shall be conducted in accordance with the Code under
the jurisdiction of the Denton County Elections Administration (the "Elections
Administrator") pursuant to an Election Services Contract (the "Contract") by and among
Denton County Elections Administration ("DCEA"), and other participating entities, if
any, described in a Contract between the Town and Denton County, a copy of which
Contract will be incorporated herein as Exhibit "B" upon its final approval and execution
by the Town; and
WHEREAS, Section 85.004 of the Texas Election Code provides that an election
order and the election notice must state the location of each early voting polling place;
and
WHEREAS, the Town's first Home Rule Charter was adopted by the residents of
Trophy Club at an election held on Tuesday, November 2, 2004 (hereinafter "Charter")
and was subsequently amended at an election held in May, 2009; and
WHEREAS, pursuant to Section 9.001 of the Texas Local Government Code and
Article 11, Section 5 of the Texas Constitution, the Town is authorized to amend a
municipal Charter; and
WHEREAS, on September 24, 2019, the Town Council adopted Resolution No.
2019-25 appointing a Charter Review Commission pursuant to Section 11.15 of the
Town Charter (hereinafter "CRC"); and
WHEREAS, the CRC reviewed the Charter and made recommendations for
proposed amendments; and
WHEREAS, the group proposed various amendments which were considered by
Council at an open public meeting; and
WHEREAS, Council has determined it appropriate to submit all three (3) of the
amendments proposed by the CRC to the qualified voters at the May 2, 2020 election
(hereinafter "Proposed Amendments"), that date being more than two years after the
adoption of the Town's Charter and a date is later than the 30th day after the adopting
of this Ordinance; and
WHEREAS, the Town Council finds that each proposition contained in the
Proposed Amendments covers one subject and that the ballot language provided is
prepared to fairly and clearly apprise the voters of the nature of the Proposed
Amendments; and
ORD 2020-03 Page 2 of 10
WHEREAS, the Town Council finds that upon the canvassing of the returns of
the May 2, 2020 election, those propositions that are approved by a majority of the
voters in accordance with state law, the Town's Home Rule Charter, this Ordinance and
election order, shall be enacted as part of the Town's Home Rule Charter and such
Charter provisions shall be enacted as set forth in this Ordinance; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1
INCORPORATION OF PREMISES
All of the above premises are true and correct and are hereby incorporated in the body
of this Ordinance as if fully set forth herein.
All resident, qualified voters of the Town shall be eligible to vote at the Election.
SECTION 2
DATE OF ELECTION
It is hereby ordered that a General and Charter Amendment Election (collectively the
"Election") shall be held in and throughout the Town of Trophy Club on Saturday, May
2, 2020 using a combined ballot.
SECTION 3
PURPOSE OF ELECTION
3.2 The purpose for the Charter Amendment Election is as follows:
A. To hold an election on Measures, to wit: three(3) amendments to the Town's
Home Rule Charter, adopted in 2004 as amended in 2013, three (3) of such
amendments having been proposed by the 2019-2020 Charter Review
Commission for the Town of Trophy Club and having been reviewed by the
Town Council. Voters shall be permitted to vote "For" or "Against" each of the
Proposed Amendments.
SECTION 4
BALLOT LANGUAGE ON MEASURES
The official ballots for the Charter Amendment Election shall be prepared in accordance
with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST"
each proposition, as required for an election on a measure, with the ballots to contain
such provisions, markings and language as required by law, and with such propositions
to be expressed substantially as follows:
ORD 2020-03 Page 3 of 10
4.01 PROPOSITION NO. 1
CONFLICT OF INTEREST AND ABSTENTION; AN AMENDMENT TO SECTION
3.20 TO DELETE SECTION 3.20 (b) AND CHANGE THE TITLE TO CONFLICT
OF INTEREST, THIS WOULD REMOVE THE REQUIREMENT TO RECORD
AN ABSTENTION AS A NO VOTE.
[ ] FOR
[ ] AGAINST
If this proposition is approved by the majority of voters voting at the Election,
Article III, Section 3.20 shall be amended in accordance with the language as set
forth below (revisions being voted upon noted with additions in bold and
deletions with strike through) and all paragraphs and sections not specifically
amended shall remain in effect as set forth in the Town's 2013 Amended Home
Rule Charter with the Council retaining the authority to renumber and rearrange
all articles, sections and paragraphs of the Charter, or any amendments thereto,
as it deems appropriate pursuant to Section 11.12 of the Charter:
3.20 Conflict of Interest and Abstention
(a) Conflict of Interest. Should any person on the Town Council have a conflict of interest,
pursuant to any State laws and/or Town ordinances regulating conflicts of interest of municipal
officers, with an agenda item then before the Town Council, he shall openly declare same
before discussion proceeds, and he is thereby prohibited from discussing the item or voting on
the question, and is not considered as present and voting for the purposes of the tally.
rennrrlerl as a negative y to in the nffinial Imi inrutec, of the FAeet*F;g.
4.02. PROPOSITION NO. 2:
CHARTER REVIEW COMMISSION; AN AMENDMENT TO SECTION 11.15
CHANGING THE INTERVALS OF CHARTER REVIEW FROM NOT MORE
THAN SEVEN (7) YEARS TO NOT MORE THAN TEN (10) YEARS
[ ] FOR
[ ] AGAINST
If this proposition is approved by the majority of voters voting at the Election,
Article III, Sections 3.02(a)(1) shall be amended in accordance with the language
as set forth below (revisions being voted upon noted with additions in bold and
deletions with strike through) and all paragraphs and sections not specifically
amended shall remain in effect as set forth in the Town's 2013 Amended Home
Rule Charter with the Council retaining the authority to renumber and rearrange
all articles, sections and paragraphs of the Charter, or any amendments thereto,
as it deems appropriate pursuant to Section 11.12 of the Charter:
ORD 2020-03 Page 4 of 10
11.15 Charter Review Commission
The Council shall appoint a Charter Review Commission at intervals of not more than seven(7)
ten (10) 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 [the] 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.
4.03. PROPOSITION NO. 3:
ARTICLE XII TRANSITIONAL PROVISIONS; AN AMENDMENT TO DELETE
ARTICLE XII WHICH ESTABLISHED THE TRANSITIONAL PROCEDURES
FOR THE TOWN TO FOLLOW AFTER THE ORIGINAL CHARTER WAS
PASSED. THE TRANSITION HAS BEEN COMPLETED.
[ ] FOR
[ ] AGAINST
If this proposition is approved by the majority of voters voting at the Election,
Article XII, shall be amended in accordance with the language as set forth below
(revisions being voted upon noted with additions in bold and deletions with strike
through) and all paragraphs and sections not specifically amended shall remain
in effect as set forth in the Town's 2013 Amended Home Rule Charter with the
Council retaining the authority to renumber and rearrange all articles, sections
and paragraphs of the Charter, or any amendments thereto, as it deems
appropriate pursuant to Section 11.12 of the Charter:
ORD 2020-03 Page 5 of 10
Nothing this GhafteF exGept as othePN;6e sperifiGally provided shall affeGt of the F!gW
of pF vileges of per-sens who aFe Town offiGeFs of employees at the time of its adeption.
GhaFteF 6hall GGntinue to seFve URN theiF term shall have expired of Until theiF 66IGGeSseFS Sha
have qualified.
Effert of this ChaFteF on Exis ir��i ng Law
+ and net un rsonflirst with this + ,
Town,
rights,fixed of establi6hed befoFe of on the e#erative date of this GhaFteF 6hall be valid when pFope
All GOntFaGts iF;Gludffing without limitatioR franGhise6 entered by the Town OF feF its benefit
of rUGh existifig laws of eFd;naF;Ges. All suits, taxes, penalties, fwfeitufeS and athp-r
by the adoption and taking eftot ef this GharWF.
Town shall belefig to and be vested On and shall be pFGseGuted by and foF the use and beRefit 9
"yes"
OF "FIG"
on the ame, foF the reason that
should be adopted iF; itS eAtiFety. FGF these reasons, the GhaFt9F Gommi6sien d*FeGt6 that the
sa*d GhaFter be voted upon as a whole and that it shall be submitted to the quaiified voteF6 of
the Town at an e!eGtueR to be held for that puFp9se en Tuesday, NevembeF 2, 2004. Not le-
than thifty days PF*GF to 6Urh eleGtien, the GOURGil shall GaU6e the Town SeoFetaFy to maH a GGPY
the adeptien of this
it shall immediately beGome the goveming law of the
+ Town,
ORD 2020-03 Page 6 of 10
FmQ-R THE ADOPTION OF THE CHARTER
AGAINST THR ADOPTION Orm THE GHART€R
SECTION 5
VOTING PRECINCTS
The voting precincts for the Election are designated by their respective county precinct
numbers. The proposed times and locations of early voting for Denton County are set
forth in Exhibit "A", a copy of which is attached hereto and incorporated herein. Exhibit
"A" shall be amended to include the final schedule of times and locations of early voting
for both Town of Trophy Club Denton and Tarrant County residents upon
announcement by the Denton County Elections Administrator. Notwithstanding the
foregoing, the early voting times and locations set forth in Exhibit "A" may be changed
without further action of the Town Council if so directed by the Elections Administrator
for Denton County.
In addition to the early voting polling locations within the Town, all Denton County
Trophy Club voters may vote at all early voting polling locations as designated and
maintained by Denton County throughout the County.
Tarrant County Trophy Club voters may only vote at the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas.
The Elections Administrator is hereby authorized and directed to make such changes in
polling locations as may be necessary for the proper conduct of the Election. Each
polling place shall be open from 7:00 a.m. to 7:00 p.m. on Election Day.
SECTION 6
ELECTIONS ADMINISTRATION
The Denton County Elections Administrator, Frank Phillips, is hereby appointed as
Denton County Early Voting Clerk for the Election. Deputy early voting judges/clerks
will be appointed as needed to process early voting mail and to conduct early voting.
Early voting by mail shall be conducted in conformance with the requirements of the
Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk,
701 Kimberly Drive, Suite A101, Denton, Texas 76208. The Elections Administrator
and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early
Voting Ballot Board and the presiding judge and alternate judge in accordance with the
requirements of the Code. Early voting by personal appearance shall be conducted at
the times on the dates and at the locations designated on Exhibit "A" hereto. The main
early voting polling place is hereby designated to be 701 Kimberly Drive, Suite A101,
Denton, Texas 76208. Early voting shall be conducted by the Early Voting Clerk, at the
main early voting polling location listed above, and at the locations designated on
Exhibit "A" hereto; such locations may be changed or additional early voting locations
ORD 2020-03 Page 7 of 10
may be added by the Elections Administrator, without further action of the Town
Council, as is necessary for the proper conduct of the Election.
SECTION 7
COMPENSATION
Compensation for election judges and alternate judges for their service in the Election
shall be determined by the Elections Administrator. Hart Verity ballot, on demand
voting system, shall be used for early voting by personal appearance, and in the May 2,
2020 election at Denton County Polling Sites. Paper ballots, which are optically
scanned, shall be used for early voting by mail. In the May 2, 2020 election, the
Elections Administrator shall cause ballots to be prepared in the form of the ballot first
above prescribed, being in both English and Spanish, and shall furnish election officials
such ballots, in such form, together with any other forms or blanks, in accordance with
the Charter of the Town of Trophy Club, the Constitution and laws of the State of Texas
and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are
applicable.
SECTION 8
EARLY VOTING
In addition to the early voting polling location located within the Town, Trophy Club
Denton County voters may vote at all early voting polling locations as designated and
maintained by Denton County throughout the County per the Joint Election Agreement
and Contract for Election Services with Denton County.
Trophy Club Tarrant County voters may only vote at the early voting polling location
designated and maintained by the Denton County Elections Administrator.
SECTION 9
ELECTION MATERIALS
The election materials enumerated in the Code shall be printed in both English and
Spanish for use at the polling places and for early voting for the Election and provisions
shall be made for oral assistance to Spanish-speaking voters
SECTION 10
ELECTION RETURNS
The election officers shall make returns for the Election in the manner required by law,
and the ballots that are properly marked in conformance with the provisions of the Code
for votes cast both during the period of early voting and on the day of the Election shall
be counted in the manner required by law.
ORD 2020-03 Page 8 of 10
SECTION 11
NOTICE OF ELECTION PUBLICATION
Notice of the Election shall be given by posting a notice containing a substantial copy of
this Ordinance in both English and Spanish at the Town Hall on the bulletin board used
for posting notices of the meetings of the Town Council and by publication of said notice
one time in a newspaper of general circulation published within the Town, the date of
the publication to be not less than fourteen (14) days nor more than thirty (30) days prior
to the date set for the Election.
SECTION 12
CANVASS OF ELECTION
Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass
the election not earlier than May 5, 2020 and not later than May 13, 2020. Notice of the
time and place for canvass shall be posted on the official bulletin board in the same
manner as required by the Open Meeting Act for other Town Council meetings in
accordance with the Chapter 551 of the Local Government Code.
SECTION 13
VOTING RIGHTS ACT
The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney,
are hereby authorized and directed to take any and all actions necessary to comply with
the provisions of the Code and the Federal Voting Rights Act in carrying out and
conducting the Election, whether or not expressly authorized herein.
SECTION 14
SEVERABILITY
It is hereby declared to be the intent of the Town Council of the Town of Trophy Club
that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same
would have been enacted by the Town Council without incorporation of any such
unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 15
ELECTION CONTRACTS
The Town Manager or the Town Manager's designee is authorized to amend or
supplement the Contract to the extent required for the Election to be conducted in an
efficient and legal manner as determined by the Elections Administrator. Attached and
ORD 2020-03 Page 9 of 10
incorporated herein as Exhibit "B" is a copy of a joint election agreement between the
Town and the Denton County Elections Department.
SECTION 16
ENGROSSMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance as required by the Town Charter.
SECTION 17
EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 11TH day of February, 2020.
00<
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: [SEAL]
OF JROPyY
r�
Sharon David, Interim Town Secretary �� G
Town of Trophy Club, Texas
APPR ED A ,,tO ORM: �VgRY
J. Dav d D dd I , own Attorney
Tow o off
Club, Texas
ORD 2020-03 Page 10 of 10