ORD 2009-06TOWN OF "rROPHY CLUB, TEXAS
ORDINANCE NO. 2009-06
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ORDERiNG AND CALLING A JOINT
GENERAL AND JOINT SPECIAL ELECTION BETWEEN THE
TOWN OF TROPHY CLUB ("TOWN"), NORTHWEST
INDEPENDENT SCHOOL DISTRICT ("DISTRICT"), TROPHY
CLUB MUNICIPAL UTILITY DIS"rRICT NO.1 ("MUD1 "), AND
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 (MUD2")
TO BE HELD ON MAY 9,2009 WITH TOWN, DISTRICT, MUD1
AND MUD2 CALLING AND ORDERING THEIR RESPECTIVE
INDIVIDUAL . ELECTIONS WITH ALL ELECTIONS HELD
JOINTLY AMONG THE ENTITIES AND USING A COMBINED
BALLOT; TOWN ORDERING AND CALLING A JOINT
GENERAL ELECTION FOR THE PURPOSE OF ELECTING A
MAYOR AND TWO (2) COUNCIL MEMBERS TO THE TOWN
COUNCIL FOR TWO (2) YEAR TERMS EACH; TOWN
ORDERING AND CALLING A SPECIAL ELECTION PURSUANT
TO SECTION 253.001 OF THE TEXAS LOCAL GOVERNMENT
CODE REGULATING THE SALE OF PARK LAND TO
DETERMINE WHETHER QUALIFIED VOTERS OF THE TOWN
APPROVE THE EXCHANGE OF A 0.11 ACRE TRACT OF LAND
OWNED BY THE TOWN AND WHICH IS CURRENTLY PART OF
HARMONY PARK FOR A 0.18 ACRE TRACT OF LAND OWNED
BY BECK PROPERTIES TROPHY CLUB L.P. WHICH IS
ADJACENT TO HARMONY PARK; AND TOWN ORDERING
AND CALLING A SPECIAL ELECTION PURSUANT TO THE
TOWN CHARTER REFERENDUM PROVISION TO DETERMINE
WHETHER A REFERRED ORDINANCE ABOLISHING MUD2
SHOULD BECOME EFFECTIVE; AND TOWN ORDERING AND
CALLING A SPECIAL ELECTION TO SUBMIT TO THE
RESIDENT QUALIFIED VOTERS OF THE TOWN OF TROPHY
CLUB 22 PROPOSITIONS RELATING TO THE AMENDMENT
OF THE HOME RULE CHARTER FOR THE TOWN; PROVIDING
FOR THE INCORPORATION OF PREMISES; SPECIFYING THE
DATE OF ELECTION; SPECIFYING THE PURPOSE OF THE
ELECTION; PROVIDING BALLOT LANGUAGE ON MEASURES;
PROVIDING BALLOT LANGAUGE ON A MEASURE
PROPOSING TO AMEND THE TOWN'S· HOME RULE
CHARTER; SPECIFYING ELIGIBILITY. FOR CANDIDACY;
PROVIDING FOR AN APPLICATION FOR A PLACE ON THE
BALLOT; PROVIDING FOR A RUNOFF ELECTION;· PROVIDING
THAT THE ELECTION WILL BE HELD JOINTY WITH TOWN,
DISTRICT, MUD1 AND MUD2; DESIGNATING A POLLING
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PLACE WITHIN THE TOWN AND HOURS; APPOINTING A
PRESIDING ELECTION JUDGE AND AN AL"rERNATE
PRESIDING ELECTION JUDGE; ESTABLISHING OTHER
PROCEDURES FOR CONDUCTING THE ELECTION;
ESTABLISHING A DATE FOR CANVASSING RETURNS;
PROVIDING FOR NECESSARY ACTIONS; PROVIDING JOINT
ELECTION AGREEMENTS TO FACILITATE THE HOLDING OF
T~E MAY 9, 2009 ELECTION JOINTLY BY TOWN, DISTRICT,
MUD1 AND MUD2; 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 Mayas a Uniform Election Date for
the purposes of conducting a General or Special 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
Special Election; 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 45th day before election day; and
WHEREAS, Section 83.005 of the Texas Election Code provides that the
City Secretary shall serve as the Early Voting Clerk in Municipal Elections; and
WHEREAS, Section 32.001 of the Texas Election Code provides for the
appointment of a Presiding Election Judge and an Alternate Presiding Election
Judge to conduct voting in each precinct where an election is held; and
WHEREAS, Section 87.001 of the Texas Election Code provides for the
appointment of an Early Voting Ballot Board; and
WHEREAS, Section 87.002 of the Texas Election Code provides for the
appointment of the Early Voting Ballot Board Judge; and
WHEREAS, The Texas Election Code provides that an election ordered
by an authority of a municipality shall be ordered not later than the 61 st day
before election day; and
WHEREAS, Section 271.002 of the Texas Election Code provides that the
governing bodies of two or -more political subdivisions may enter into an
agreement to hold a joint election if the elections ordered by the authorities of the
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subdivisions are to be held on the same day in all or part of the same territory
and can be served by common polling places; and
WHEREAS, the elections· ordered by the Town of Trophy Club and
Northwest Independent School District ("District") meet the statutory
requirements for a joint election and a copy of the Joint Election Agreement
between the Town of Trophy Club and Northwest Independent School District is
attached hereto and incorporated as Exhibit "A"; and
WHEREAS, The Town of Trophy Club, Trophy Club Municipal Utility
District No.1 and Trophy Club Municipal Utility District No.2 meet the specified
criteria for a joint election and desire to hold their election jointly, and attached
and incorporated herein as Exhibit "B" to this Ordinance is a copy of a Joint
Election Agreement between the Town, Trophy Club Municipal Utility District No.
1 and Trophy Club Municipal Utility District No.2; and
WHEREAS, Town, District, MUD1 and MUD2 desire that their respective
elections be held jointly on May 9, 2009, pursuant to the Texas Election Code
and that a combined ballot be used and that the costs of such election are to be
shared pursuant to the terms of the Joint Election Agreements between the Town
and, District and between the Town andMUD1 and MUD2
WHEREAS, the Town Council desires to and hereby orders and calls a
General Election for the purpose of electing a Mayor and two (2) Council .
Members for two (2) year terms each; and
WHEREAS, the Town Council desires to and hereby orders and calls a
Special Election pursuant to Section 253.001 of the Texas Local Government
Code to determine whether a sale by exchange of a certain portion of Harmony
Park will be approved by the voters;
WHEREAS, the Town Council desires to and hereby orders and calls a
Special Election on a measure to hold a binding referendum as authorized by the
Charter of the Town of Trophy Club to determine whether the citizens desire the
Town to abolish MUD2; and; 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
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
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WHEREAS, the Town Council determined it appropriate to commence a
review of the Charter and appointed a Charter Review Commission; and
WHEREAS, the function of that group was to review the Charter and
make 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 eleven of the
proposed Charter amendments to the qualified voters at the May 9, 2009 election
(hereinafter "Council 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, a Citizen Petition proposing nineteen amendments to the
Town's Home Rule Charter (hereinafter "Citizen Petition") was filed with the
Town, verified and certified to the Town Council; and
WHEREAS, as a result of the receipt of that Citizen Petition, the Town
hereby order and calls a special election for the purpose of placing the nineteen
proposed Charter Amendments contained in the Citizen Petition on the May 9,
2009 ballot; and
WHEREAS, the Town Council finds that each proposition contained in the
Council Proposed Amendments and the Citizen Petition 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
WHEREAS, the Town Council finds that upon the canvassing of the
returns of the May 9, 2009 election, those propositions that are approved by a
majority of the voters in accordance with state law, the Towns Home Rule
Charter, this Ordinance and election order, shall be enacted as part of the
T own'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.
SECTION 2
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DATE OF ELECTION
It is hereby ordered that a Joint General and Joint Special Election (collectively
the "Election") shall be held in and throughout the Town of Trophy Club and the
Trophy Club Municipal Utility Districts on Saturday, May 9, 2009 using a
combined ballot.
SECTION 3
PURPOSE OF ELECTION
3.1 Joint General. The purpose of the Joint General Election is to elect a Mayor
and two (2) Council Members for two (2) year terms each;
3.2 The purposes for the Joint Special Election is as follows:
A. To hold an election pursuant to Section 253.001 of the Texas Local
Government Code regulating the sale or exchange of parkland to
determine whether qualified voters of the Town approve the exchange of a
0.11 acre tract of land owned by the Town which is part of Harmony Park
for a 0.18 acre tract of land owned by Beck Properties Trophy Club L.P.
which is adjacent to Harmony Park; and
B. To hold an election on a measure, to wit: a binding referendum on
Ordinance No. 2009:-05, approved by the Town Council on March 2, 2009
and referred by the Council to binding referendum on the May 9, 2009
ballot as authorized by the Charter of the Town of Trophy Club in order to
allow the residents to vote for or against Ordinance No. 2009-05 to
remain abolish Trophy Club Municipal Utility District #2. Pursuant to the
Charter, the voters will vote "FOR the ORDINANCE" and "AGAINST the
ORDINANCE;" and
C. To hold an election on measures, to wit: various amendments to the
Town's Home Rule Charter, adopted in 2004. Voters shall be permitted to
vote "For" or "Against" each of the proposed Charter amendments.
SECTION 4
BALLOT LANGUAGE ON MEASURES
The official ballots for the Special 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:
4.01 PROPOSITION NO.1
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SHALL THE TOWN OF TROPHY CLUB EXCHANGE A 0.11 ACRE
TRACT OF LAND OWNED BY THE TOWN AND WHICH IS A
PART OF HARMONY PARK AND LOCATED IN THE J. MICHAEL
SURVEY, ABSTRACT NO. 821, TOWN OF TROPHY CLUB,
DENTON COUNTY, TEXAS FOR A 0.18 ACRE TRACT OF LAND
OWNED BY BECK PROPERTIES TROPHY CLUB L.P., LOCATED
ADJACENT TO HARMONY PARK AND ALSO IN THE J.
MICHAEL SURVEY, ABSTRACT NO. 821, TOWN OF TROPHY
CLUB, DENTON COUNTY, TEXAS.
[ ] FOR
[ ] AGAINST
4.02 PROPOSITION NO.2
SHALL PROPOSED TOWN ORDINANCE NO. 2009-05
ESTABLISHING JUNE 1, 2009 AS THE DATE FOR THE TOWN'S
ASSUMPTION OF ALL POWERS, DUTIES, ASSETS, AND
OBLIGATIONS OF TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO.2, MAKING THE PROVISIONS CONTAINED IN
SECTION 43.075 OF THE TEXAS LOCAL GOVERNMENT CODE
APPLICABLE TO THE TOWN, AND PROVIDING THAT TROPHY
CLUB MUNICIPAL UTILITY DISTRICT NO.· 2 SHALL BE
ABOLISHED ON JUNE 1, 2009, BECOME EFFECTIVE AS A LAW
OR MANDATORY ORDER OF THE COUNCIL AS A MATTER
APPROVED IN A BINDING REFERENDUM.
[ ] FOR the ORDINANCE
[ ] AGAINST the ORDINANCE
SECTION 5
BALLOT LANGUAGE ON MEASURES; PROPOSED AMENDMENTS TO THE
TOWN CHARTER
Section 5 will be provided at the March 9, 2009 meeting.
SECTION 6
ELIGIBILITY FOR CANDIDACY
As set forth in Section 141.001 of the Texas Election Code, no person shall be
eligible for a public elective office of this state, unless that person is a United
States citizen, at least 18 years of age on the first day of the term to be filled at
the Election, has not been determined mentally incompetent by a final judgment
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of a court, has not been finally convicted of a felony from which the person has
not been pardoned or otherwise released from the resulting disabilities, and has
resided continuously in the State of Texas for twelve (12) months immediately
preceding the date of the regular filing deadline for the candidate's application for
a candidate whose name is to appear on the general election ballot, or the date
of the election at which the candidate's name is written in for a write in candidate.
Additional requirements are as follows:
A. Council Member:
As set forth in Section 141.001 of the Texas Election Code and Article III of the
Trophy Club Town Charter, no person shall be eligible for a public elective office
of this state, unless that person is a United States citizen, at least 21 years of
age on the first day of the form to be filed for candidacy or date of appointment, is
a qualified voter of the Town, has not b~en determined mentally incompetent by
a final judgment of a court, has not been finally convicted of a felony from which
the person has not been pardoned or otherwise released from the resulting
disabilities, and resides and has resided continuously for twelve (12) months
immediately preceding the election within the corporate limits of the Town and
the State of Texas for a candidate whose name is to appear on the general
election ballot, or the date of the election at which the candidate's name is written
in for a write in candidate.
SECTION 7
APPLICATION FOR A PLACE ON THE BALLOT
Pursuant to Section 143.007 of the Texas Election Code, any eligible and
qualified person may have that person's name printed upon the official ballot as a
candidate for the office hereinbefore set forth by filing the person's sworn
application with the Town Secretary not earlier than February 9, 2009, and not
later than 5:00 p.m. on March 9, 2009. Each such application shall be on a form
as prescribed by the Texas Election Code. The order in which the names of the
candidates are to be printed on the ballot shall be determined by a drawing by
the Town Secretary as provided by Section 52.094 of the Texas Election Code.
Notice of the time and place for such drawing shall be given in accordance with
Section 52.094(c) and (d) of the Texas Election Code.
SECTION 8
RUNOFF ELECTION
If two (2) or more candidate tie for the number of votes required to be elected,
there shall be a runoff election held on June 6, 2009. The runoff election shall be
held in accordance with the Texas Election Code.
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SEc·nON 9
ELEC·nON HELD JOINTLY WrrH TOWN, DISTRICT, TROPHY CLUB
MUNICIPAL u·nLlTY DISTRICT NO.1 AND
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2
The Town, District, and MUD1 and MUD2 have entered into an agreement to
share the costs of the May 9, 2009 election pursuant to Chapter 271 of the Texas
Election Code. The election is being held jointly to gain efficiencies and cost
savings due to new requirements relative to voting machines and other aspects
of the election.
SECTION 10
POLLING PLACE AND HOURS
The corporate limits of the Town of Trophy Club, Texas shall constitute three
(3) election precincts and one poling place for the municipal election. The polling
places and the county election precincts whose qualified voters shall cast ballots
at such location in the Town' of Trophy Club for the May 2009 General Election
are as follows:
Denton County Election Polling Place
Precincts
400 and 401 "Svore" Trophy Club Municipal Utility
District Building,
100 Municipal Drive, Trophy Club, Texas,
76248
Tarrant County Election Polling Place
Precincts
3286 "Svore" Trophy Club Municipal Utility
District Building,
100 Municipal Drive, Trophy Club, Texas,
76248
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In accordance with Section 41.031 (a) of the Code, said polling place shall be
open between the hours of 7:00 a.m. and 7:00 p.m. on the date of the Election.
SECTION 8
APPOINTMENT OF A PRESIDING ELECTION JUDGE
AND AN ALTERNATE PRESIDING ELECTION JUDGE
The following named individuals, residing at the respective addresses, are
hereby appointed to serve as Presiding Election Judge and Alternate Presiding
Election Judge, respectively, at the Election:
Presiding Election Judge
Pam Irwin
543 Indian Creek Drive
Trophy Club, TX 76262
Alternate Presiding Election Judge
Judy Williams
215 Phoenix Drive
Trophy Club, TX 76262
All Election Judges shall be qualified voters of the Town. The Town Secretary
shall, in accordance with Section 32.009 of the Texas Election Code, deliver to
the Presiding Election Judge and the Alternate Presiding Election Judge notice of
their appointment not later than twenty (20) days·from the effective date of this
Ordinance.
SECTION 9
APPOINTMENT OF CLERKS
The Election Judge herein appointed shall appoint not less than two (2) nor more
than ten (10) qualified election clerks to serve and assist in the conduct of the
Election, provided, however, that if the Election Judge named herein actually
serves, the Alternate Election Judge shall serve as one of the clerks. All election
clerks shall be qualified voters of the Town.
SECTION 10
COMPENSATION OF THE JUDGE AND CLERKS
As provided for in Section 32.091 of the Texas Election Code, the Election and
Alternate Judges shall be compensated at the rate of ($10.00) per hour and the
election workers shall be compensated at the rate of ($8.00) per hour. Any
payment referred to in this Section shall not exceed the maximum amounts set
forth in Sections 32.091 and 32.092 of the Code.
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SECTION 11
METHOD OF VOTING
The Town Secretary is hereby authorized and instructed to provide and
furnish all necessary election supplies to conduct the election. Voting at the
Election shall be by use of electronic system ballots. Preparation of the official
ballots for the Election shall conform to the requirements of the Texas Election
Code, and in so doing shall permit the voter to vote for or against each section
noted under Section 3 Purpose of Election.
SECTION 12
GOVERNING LAW; QUALIFIED VOTERS
The Election shall be held in accordance with the Constitution of the State of
Texas and the Texas Election Code, and all resident, qualified electors of the
Town shall be eligible to vote at the election. Election materials shall be printed
in both English and Spanish for use at the polling place and for early voting for
the Election.
SECTION 13
PUBLICATION AND POSTING OF NOTICE
Notice of the Election shall be given by posting a Notice of Election in both
English and Spanish at the Trophy Club Municipal Utility Districts Building, on the
bulletin board or other location used for posting notices of the meetings of the
Town Council not later than twenty-one (21) days prior to the date upon which
the Election is to be held, and by publication of said notice at least once in a
newspaper published in the Town or if none, then in a newspaper of general
circulation within the Town, the date of said publication to be not less than ten
(10) days nor more than thirty (30) days prior to the date set for the Election.
Upon publication of the election notice, the Town Secretary shall secure a
publisher's affidavit, which complies with the requirements of the Code.
In addition thereto, a copy of the notice shall also be filed with the Town
Secretary at least twenty-one (21) days before the Election.
SECTION 14
EARLY VOTING
Early voting by personal appearance shall be conducted by the Town Secretary,
who is hereby appointed the Early Voting Clerk, at 100 Municipal Drive, Trophy
Club, Texas. For the period early voting for the election is permitted by law, the
Early Voting Clerk shall keep such office open for Early Voting the following days:
Monday, April 27 8a -5p
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Tuesday, April 28 7a -7p
Wednesday, April 29 8a -5p
Thursday, April 30 8a -5p
Friday, May 1 8a -5p
Saturday, May 2 8a -12p
Monday, May 4 8a -5p
Tuesday, May 5 7a -7p
Early voting will not be conducted on any other Saturday, or on any Sunday or
official State and/or national holiday during the period of early voting.
Application for early voting by mail shall be delivered to the Early Voting Clerk at
the same address not earlier than March 10, 2009 and not later than the close of
regular business in the Early Voting Clerk's office or 5:00 p.m., whichever is later,
on May 1,2009.
The Early ballots shall be canvassed by the Early Ballot Board, which is hereby
created. The Election Judge and the Alternate Election Judge appointed herein
shall serve as the Presiding officer and the alternate Presiding Officer,
respectively, of the Early Ballot Board. The other election officers serving at the
Election shall serve as the other members of the Early Ballot Board for the
Election.
SECTION 15
DELIVERY OF RETURNS
Pursuant to Section 66.051 of the Code, immediately after the closing of the poll
on the day of the Election, the election officers named in this Ordinance shall
make four (4) copies of the returns. The returns shall be delivered as follows:
one copy shall be retained by the Election Judge, one copy shall be delivered to
the Mayor of Trophy Club, one copy shall be delivered to the voter registrar, one
copy (along with ballot boxes and election supplies) shall be delivered to the
Town Secretary. All election records and supplies shall be preserved by the
Town Secretary in accordance with the Code.
SECTION 16
CANVASSING OF RETURNS
In accordance with Section 67.003(2) of the Texas Election Code, the Town
Council shall convene on May 18, 2009 at 7:00 p.m. to canvass the returns of
the Election. Trophy Club Municipal District No. 1 and Trophy Club Municipal
District No. 2 shall convene at appropriately posted meetings to canvass their
respective returns.
SECTION 17
NECESSARY ACTIONS
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The Mayor, Town Council, and Town staff, 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 Texas Election Code in carrying
out and conducting the Election, whether or not expressly authorized herein.
SECTION 19
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of Ordinances of the Town of
Trophy Club, Texas, except where the provisions of this Ordinance are in direct
conflict with the provisions of such ordinances, in which event the conflicting
provisions of such ordinances are hereby repealed.
SECTION 20
SEVERABILITY CLAUSE
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 21
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 22
ENGROSSMENT AND ENROLLMENT
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 23
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and
publication in accordance with law.
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PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
nd Texas this 2 day of March 2009. ~~e
Mayor, Nick San ers
Town of Trophy Club, Texas
ATTEST:
~GJkqn:¥
own Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
~ilullOJfJj~
Town Attorney
Town of Trophy Club, Texas
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