Agenda Packet TC 11/15/2004Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, November 15, 2004
5:30 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag_
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
B.1 Citizen presentations: this is an opportunity for citizens to address the Council on an
matter whether or not it is posted on the agenda. The Council is not permitted to take
action on or discuss any presentations made to the Council at this time concerning an
item not listed on the agenda. The Council will hear presentations on specific agenda
items prior to the Council addressing those items.
B.2 Discuss and take appropriate action regarding an Ordinance Canvassing the November 2,
2004 Home Rule Charter Option Election.
B.3 Discuss and take appropriate action regarding _ an Ordinance adopting Home Rule Charter.
F.2 Adjourn.
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-15-2004
Subject: Agenda Item NO.A.I
Call to order and announce a quorum.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-15-2004
Subject: Agenda Item No.A.2
Invocation.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-15-2004
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-15-2004
Subject: Agenda Item No.B.I
Citizen presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not permitted
to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on
specific agenda items prior to the Council addressing those items.
(dc)
COUNCIL MEMORANDUM
From: Diane Cockrell, Town Secretary Date: 11-15-2004
Subject: Agenda Item No.13.2
Discuss and take appropriate action regarding an Ordinance Canvassing the
November 2, 2004 Home Rule Charter Option Election.
EXPLANATION: Canvassing election is results a requirement of the Election Law.
RECOMMENDATION: Adoption
(DC)
Attachments: 1. Ordinance
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2004-
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 TO SUBMIT
TO THE RESIDENT QUALIFIED VOTERS OF THE TOWN OF TROPHY
CLUB A PROPOSITION RELATING TO THE ADOPTION OF THE
PROPOSED HOME RULE CHARTER FOR THE TOWN HELD ON
NOVEMBER 2, 2004, AS SUCH RETURNS RELATE TO THE ADOPTION
OF THE PROPOSED HOME RULE CHARTER; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR THE
CONFIRMATION OF VOTE TABULATIONS; PROVIDING ADOPTION
OF THE HOME RULE CHARTER; AUTHORIZING THE ISSUANCE OF
THE CANVASS OF THE SPECIAL ELECTION; PRESCRIBING THE
ISSUANCE OF AN AUTHENTICATED COPY OF CHARTER;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 30, 2004, the Town Council of the Town of Trophy Club, Texas
(the "Town") passed and approved Ordinance No. 2004-20, an Ordinance which ordered a
Special Election to submit to the resident qualified voters of the Town of Trophy Club a
proposition relating to the adoption of the proposed Home Rule Charter for the Town to be held
on November 2, 2004, as such returns relate to the adoption of the proposed Home Rule Charter;
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, the Special Election was duly and legally held on November 2, 2004, in the
Town 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 Town Secretary, acting as general custodian of the official returns of
the Special Election has presented the official returns of the presiding judges of the Special
Election, including the returns of early voting ballots cast in connection therewith, to the Town
Council acting in its capacity as the Canvassing Board; 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:
FOR THE ADOPTION OF THE CHARTER
AGAINST THE ADOPTION OF THE CHARTER
TOTAL NUMBER
TOTAL NUMBER
OF VOTES
TOTAL NUMBER
OF EARLY VOTING
RECEIVED AT
OF VOTES
VOTES RECEIVED
POLL ON
ELECTION DAY
RECEIVED
FOR
To be provided at
2,471
AGAINST
Canvassing
700
and;
WHEREAS, the results of the Local Option Election were duly canvassed by the Town
Council; and
WHEREAS, it is hereby officially found and determined that the meeting at which this
Ordinance was passed was open to the public, and that public notice of the time, place and
purpose of such meeting was given as required by Chapter 551 of the Texas 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.
SECTION 2.
CONFIRMATION OF VOTE TABULATIONS
That the November 2, 2004, Special Election was duly called and notice thereof given in
accordance with law; that the Special Election was held in the manner required by law; that only
duly qualified resident voters of the Town of Trophy Club voted at the Special Election; that due
returns of the Special Election have been made by the proper officers, and that a majority of the
qualified resident voters of the Town of Trophy Club, Texas, voting at the Special Election, have
voted in favor of approving and adopting the Charter framed by the Charter Commission as the
Home Rule Charter of the Town of Trophy Club, as canvassed and tabulated hereinabove.
PROPOSITION
PASSED
FOR THE ADOPTION OF
2,471
THE CHARTER
SECTION 3.
ADOPTION
The Town Council of the Town of Trophy Club, Texas hereby officially and
affirmatively declares that the Charter has been properly and lawfully adopted, and is now the
Home Rule Charter of the Town of Trophy Club, Texas.
SECTION 4.
ISSUANCE OF CANVASS OF LOCAL OPTION 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 and incorporated herein 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.
ISSUANCE OF AUTHENTICATED COPY OF CHARTER
The Mayor is hereby authorized and directed to certify to the Secretary of State of the
State of Texas an authenticated copy of the Charter under the official seal of the Town, showing
approval thereof by the resident qualified voters of the Town of Trophy Club; and the Town
Secretary is hereby authorized and directed to record the Charter at length upon the records of
the Town, in a separate book kept in Town offices of Trophy Club for such purpose.
SECTION 6.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the Caption and Effective Date in the minutes of the Town Council
and by filing this Ordinance in the ordinance records of the Town and to take all other actions
necessary to record this Ordinance as provided by law.
SECTION 7.
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 151h day of November, 2004.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
FXT4TRTT "A"
TOWN OF TROPHY CLUB, TEXAS
CANVASS OF LOCAL OPTION ELECTION
I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding Officer of
the Canvassing Authority of the Town, met on November 15, 2004, with the Town Council of
the Town, sitting as the Canvassing Board to canvass the returns of the Special Election held on
November 2, 2004, at the Trophy Club Town Hall Building, 100 Municipal Drive, Trophy Club,
Texas, as such returns related to the adoption of the proposed 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 15th day of November, 2004.
(Seal)
Mayor and Presiding Officer of
the Canvassing Authority
Trophy Club, Texas
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-15-2004
Subject: Agenda Item No.B.3
Discuss and take appropriate action regarding an Ordinance adopting Home Rule
Charter.
EXPLANATION:
Section 9.005 of the Texas Local Government Code requires the Town Council to enter an order
(ordinance) in the records of the city declaring that a charter is adopted in order for the Charter to take
effect. The proposed ordinance complies with the state law requirements for enacting the Charter.
RECOMMENDATION:
ACTION BY COUNCIL:
(PA)
Attachments: 1. Ordinance