ORD 2005-08TOWN OF TROPHY CLUB
ORDINANCE NO. 2005-08
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
ORDINANCE NO. 2005-06 WHICH AMENDED ORDINANCE NO 2005-02
CALLING THE MAY 7, 2005 ELECTION BY CANCELING THAT PORTION
OF THE MAY 7, 2005 ELECTION FOR TWO (2) UNOPPOSED COUNCIL
MEMBERS AND DECLARING THOSE MEMBERS ELECTED; PROVIDING
THAT ORDINANCE NO. 2005-02 SHALL BE AFFIRMED AND RE-ENACTED
IN ITS ENTIRETY THROUGH THIS AMENDMENT AND THAT THE TERMS
OF ORDINANCE NO. 2005-06 AMENDING ORDINANCE NO. 2005-02 SHALL
BE REPEALED IN THEIR ENTIRETY; PROVIDING THAT THE TERMS OF
ORDINANCE NO. 2005-02 SHALL CONTINUE IN FULL FORCE AND EFFECT
AS IF NEVER AMENDED; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on April 4, 2005, the Town Council of the Town of Trophy Club,
Texas (the "Town") passed and approved Ordinance No. 2005-06, which Ordinance
amended Ordinance No. 2005-02 ordering 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, Ordinance No. 2005-06 amended 2005-02 by canceling the election
for two (2) unopposed Council members to be elected to serve two (2) year terms each to
the Town Council without affecting the Mayoral election; and
WHEREAS, the Elections Division of the Secretary of State's Office has
interpreted the Election Code to require the names of the two (2) unopposed candidates to
remain on the ballot for the May 7, 2005 General Election since the Mayoral position is a
contested seat at that election;
WHEREAS, based upon that interpretation, the Town determines it necessary to
amend Ordinance No. 2005-06 by repealing that portion of the Ordinance that removed
the two (2) unopposed Council members names from the ballot and declared them to be
elected, and the Town further determines it necessary to affirm and reinstate all terms and
provisions of Ordinance No. 2005-02 as if Amending Ordinance No. 2005-06 had not
been enacted; and
WHEREAS, a proposition is to appear on the ballot in the May 7, 2005 election
in relation to the two (2) unopposed candidates for the two (2) Council Member seats and
the terms and provisions of Ordinance No. 2005-02 are hereby affirmed and re-enacted by
and as a part of this Ordinance in their entirety; and
NOW, THEREFORE, 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.
ORDINANCE NO. 2005-02 AFFIRMED AND RE-ENACTED
The terms and provisions of Ordinance No. 2005-02 are hereby affirmed and re-
enacted by and are a part of this Ordinance as if copied herein in its entirety. A copy of
Ordinance No. 2005-02 is attached hereto and incorporated herein as Exhibit "A". The
terms and provisions of Ordinance No. 2005-02 shall continue in full force and effect as
if never amended.
SECTION 3.
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 4.
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 5
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to post a copy of
this Ordinance and Exhibit "A" hereto at each designated polling place on May 7, 2005.
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 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 7.
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 Town Council of the Town of Trophy Club,
Texas this 18°i day of April, 2005.
F
' Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
o f i
Town Secretary
Town of Trophy Club, Texas t
19'b
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas