ORD 2005-06TOWN OF TROPHY CLUB
ORDINANCE NO. 2005-06
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
ORDINANCE NO. 2005-02 CALLING THE MAY 7, 2005 ELECTION BY
CANCELING THAT PORTION OF THE MAY 7, 2005, ELECTION PROVIDING
FOR THE ELECTION OF TWO (2) UNOPPOSED COUNCIL MEMBERS
WITHOUT AFFECTING THAT PORTION OF ORDINANCE NO. 2005-02
CALLING THE MAY 7, 2005 ELECTION AND PROVIDING FOR THE
ELECTION OF A MAYOR FOR A TWO (2) YEAR TERM TO TIS TOWN
COUNCIL; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING
AN ISSUANCE OF CERTIFICATE OF ELECTION DECLARING EACH
UNOPPOSED CANDIDATE ELECTED TO OFFICE; PROVIDING THAT THE
REMAINDER OF ORDINANCE NO. 2005-02 SHALL CONTINUE IN FULL
FORCE AND EFFECT AND THAT THE MAYORAL ELECTION CALLED BY
SUCH ORDINANCE SHALL NOT BE AFFECTED BY TIS AIVIENDMENT OF
ORDINANCE NO. 2005-02; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 7, 2005, the Town Council of the Town of Trophy
Club, Texas (the "Town") passed and approved Ordinance No. 2005-02, which
Ordinance ordered a General Election of the Town of Trophy Club, Texas, for the
purpose of electing a Mayor and two (2) Council Members for two (2) year terms each to
the Town Council; and
WHEREAS, the Town secretary has certified in writing that no person has made
a declaration of write-in candidacy for either of the two (2) Council Member seats, and
that each of the two (2) Council Members on the ballot is unopposed for election to
office; and
WHEREAS, the filing deadlines for placement on the ballot and declaration of
write-in candidacy have passed; and
WHEREAS, no proposition is to appear on the ballot in that election in relations
to the two (2) Council Members; and
WHEREAS, in these circumstances Subchapter C of Chapter 2 of the Election
Code authorizes a governing body to declare each unopposed candidate elected to office
and cancel that portion of the election providing for two (2) Council members without
affecting the portion of the Ordinance calling an election for the position of Mayor; and
WHEREAS, that portion of Ordinance No. 2005-02 calling for the election of a
Mayor remains unaffected by this Amendment to Ordinance No. 2005-02.
NOW, THE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
ISSUANCE OF ELECTION CERTIFICATE
The following candidates, who are unopposed in the May 7, 2005, general election,
are hereby declared elected to office, and shall be issued a certificate of election:
Scott Spence Council Member
Roger Williams Council Member
SECTION 3.
MAYORAL ELECTION UNAFFECTED
The Mayoral election called by Ordinance No. 2005-02 shall be unaffected by this
Amendment to Ordinance No. 2005-02 and all such provisions of Ordinance No. 2005-02
applicable to the election generally and necessary for the calling and holding of the
Mayoral election shall remain in full force and effect and are therefore unaffected by this
Ordinance.
SECTION 4.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not
repeal any of the provisions of such Ordinances except for those instances where there are
direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in
force at the time this Ordinance shall take effect and that are inconsistent with this
Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance.
Provided however, that any complaint, action, claim or lawsuit which has been initiated
or has arisen under or pursuant to such Ordinance on the date of adoption of this
Ordinance shall continue to be governed by the provisions of that Ordinance and for that
purpose the Ordinance shall remain in full force and effect.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance, and the Town Council hereby declares it would have passed
such remaining portions of this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
SECTION G.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to post a copy of
Ordinance No. 2005-02 and this ordinance at each designated polling place on May 7,
2005.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the
minutes of the Town Council and by filing this Ordinance in the ordinance records of the
Town.
SECTION 8.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of passage,
in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Tow
Texas this 4°i day of April, 2005.
Effective Date: April 9, 2005 j
'17
ATTEST:
Interim Town Secretary, Lisa Ramsey
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas