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ORD 2007-33TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2007-33 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 AMENDMENTS OF THE HOME RULE CHARTER FOR THE TOWN HELD ON NOVEMBER 6, 2007, AS SUCH RETURNS RELATE TO THE AMENDMENTS OF THE 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; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 20, 2007, the Town Council of the Town of Trophy Club, Texas (the "Town") passed and approved Ordinance No. 2007-21, 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 6, 2007, 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 6, 2007, 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: Page 1 of 5 Propositions Total For Total TOTAL PASS/ Against VOTES FAIL Proposition No. 1: (Section 6.01.) An amendment to sections 3.12, 3.16(b), and 3.17 to provide that every ordinance, resolution, motion or action of the Town Council shall require passage by the 177 326 503 * Failed affirmative vote of a majority of the Council qualified to vote unless a different number is specifically required by An amendment to section 4.07 of the Town Charter transferring the authority to appoint the Town Secretary 165 341 506 Failed from the Town Council to the Town Manager with the Council being required to approve the appointment by a majority vote. Proposition No. 3: (Section 6.03.) An amendment to sections 6.01 and 6.03 of the Town Charter providing that any elected Town official, including those appointed to elected positions, may be subject to recall on any one or more of the following grounds: incompetence, misconduct, malfeasance in office, or knowing or intentional violations of the Charter, providing 242 263 505 * Failed definitions of the terms incompetency, misconduct and malfeasance, and requiring that a recall petition specifically state each ground with enough certainty as to give the Officer sought to be removed notice of the matters and things with which he is charged on each Proposition No. 4: (Section 6.04.) An amendment to sections 7.04, 7.07, and 7.09 of the Town Charter providing that a majority of the Town Council has the authority to submit an ordinance, resolution or proposition to popular vote as either a binding or non- binding referendum by designating such item as either a 142 367 509 Failed binding or non-binding referendum and providing that Council shall not repeal or amend an ordinance or resolution passed as a binding referendum without submitting such ordinance or resolution to a vote at an election. An amendment to Section 10.03 of the Town Charter to provide that the Town Council, after public hearing, may 127 381 508 Failed grant, renew, extend and amend all franchises for a term not to exceed thirtv (30) vears? and; WHEREAS, the results of the Special 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. Page 2 of 5 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 6, 2007, 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 amendment framed by the Town Council of the Town of Trophy Club, as canvassed and tabulated hereinabove. 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. 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 6. This Ordinance shall take effect from and after its date of passage in Page 3 of 5 accordance with law. and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 19th day of November, 2007. Mayor, Nick Sanders Town of Trophy Club, Texas ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas Page 4 of 5 [SEAL] Lq RY i EXHIBIT "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 19, 2007, with the Town Council of the Town, sifting as the Canvassing Board to canvass the returns of the Special Election held on November 6, 2007, 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. 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 19th day of November, 2007. (Seal) Page 5 of 5 Mayor and Presiding Officer of the Canvassing Authority Trophy Club, Texas