Loading...
ORD 2009-11TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009-11 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 JOINT GENERAL AND JOINT SPECIAL ELECTION HELD ON MAY 9, 2009. AS SUCH RETURNS RELATE TO THE ELECTION OF A MAYOR AND TWO (2) COUNCIL MEMBERS FOR TWO (2) YEAR TERMS EACH TO THE TOWN OF TROPHY CLUB TOWN COUNCIL, TO THE PROPOSITION RELATED TO THE EXCHANGE OF PARK LAND, TO THE PROPOSITION RELATED TO THE REFERENDUM ON TOWN ORDINANCE NO. 2009-05 FOR THE ABOLITION OF MUD2, AND TO THE 22 PROPOSITIONS CONTAINING VARIOUS POTENTIAL AMENDMENTS TO THE TOWN'S HOME RULE CHARTER; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE CONFIRMATION OF VOTE TABULATIONS; IDENTIFYING THE OFFICIALS ELECTED AND TERMS OF OFFICE; AUTHORIZING THE ISSUANCE OF CERTIFICATES OF ELECTION; PROVIDING FOR THE ENACTMENT OF PROPOSITIONS; AUTHORIZING THE ISSUANCE OF THE CANVASS OF THE JOINT GENERAL AND JOINT SPECIAL ELECTION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about March 2, 2009 the Town Council of the Town of Trophy Club, Texas (the "Town") passed and approved Ordinance Nos. 2009-06 and 2009-07 ordering a Joint General and Joint Special Election, for the purpose of electing a Mayor and two (2) Council Members for two (2) year terms each to the Town Council, a Special Election determining whether a sale by exchange of a certain portion of Harmony Park will be approved by the voters, regarding 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 regarding 22 Propositions containing various potential amendments to the Town's Home Rule Charter; and WHEREAS, Ordinance Nos. 2009-06 and 2009-07 also ordered the appointment of a Presiding Election Judge and an Alternate Presiding Election Judge for the purpose of conducting such election; 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 Joint General and Joint Special Election; and Ordinance 2009-11 1 WHEREAS, it appears that a total of 1,635 votes were cast in such elections; and WHEREAS, the Joint General and Joint Special Election was duly and legally held on May 9, 2009 in the Town and in conformity with the election laws of the State of Texas, and the results of the Joint General and Joint Special Election, including the early voting results, have been certified and returned to the proper judges and clerks thereof; and WHEREAS, the official returns of the presiding judges of the Joint General and Joint Special Election, including the returns of early voting ballots in connection therewith, and as such returns are related to the election of a Mayor and two (2) Council Members for two (2) year terms each for the Trophy Club Town Council, a Special Election determining whether a sale by exchange of a certain portion of Harmony Park will be approved by the voters, as related to a measure to hold a binding referendum on Ordinance No. 2009-05 as authorized by the Charter of the Town of Trophy Club to determine whether the citizens desire the Town to abolish MUD2, and as related to 22 Propositions containing various potential amendments to the Town's Home Rule Charter, have been presented to the Town Council acting in its capacity as the Canvassing Board; and WHEREAS, the Town Council has considered the returns of the Joint General and Joint Special Election as related to the election of a Mayor and two (2) Council Members for two (2) year terms each for the Trophy Club Town Council, a Special Election determining whether a sale by exchange of a certain portion of Harmony Park will be approved by the voters, as related to a measure to hold a binding referendum on Ordinance No. 2009-05 as authorized by the Charter of the Town of Trophy Club to determine whether the citizens desire the Town to abolish MUD2, and as related to 22 Propositions containing various potential amendments to the Town's Home Rule Charter, including the returns of early voting ballots cast in connection therewith; and WHEREAS, the returns of the Joint General and Joint Special Election, including the returns of the early voting ballots, duly and legally made, showed that each candidate for the office of Mayor received the following votes: TOWN OF TROPHY CLUB MAYOR FOR TWO (2) YEAR TERM TOTAL NUMBER NAME OF TOTAL NUMBER OF VOTES TOTAL NUMBER CANDIDATE OF EARLY VOTING RECEIVED AT OF VOTES VOTES RECEIVED POLL ON RECEIVED ELECTION DAY Connie White 471 347 B1B Ordinance 2009-11 2 Pro osition 10 -Agenda Request Process For 493 331 824 Against 365 325 690 osition 11 -Conflict of Interest and Abstention from Voting For 603 425 1028 Against 259 238 497 Proposition 12 -A ointment Procedure For 567 410 977 Against 282 250 532 Proposition 13 -Compliance with Texas Election Code For I 752 I 557 I 1309 183 Against 93 90 Proposition 14 -Define Grounds for Recall For I 509 I 436 945 562 Against 350 212 Proposition 15 -Grounds for Recall For I 535 I 380 583 915 Against 314 269 Pro osition 16 -Reduce Recall Signature Requirement For 381 252 633 Against 465 393 858 Proposition 17 -Reduce Initiative & Referendum Signature Requirement For I 369 I 221 I 590 Against 476 425 901 Pro osition 18 -Budget For 464 422 886 Against 395 236 631 Pro osition 19 -Budget Process For 590 431 1021 A ainst 258 218 476 Proposition 20 -Code of Ethics and Non-Com ensated Commission For 320 308 628 Against 545 344 889 Proposition 21 -Code of Ethics and Ethics Commission 856 659 Proposition 22 -Charter Review Commission 803 670 Proposition 23 -Term Limits I 530 I 395 For 925 Against 602 334 268 Proposition 24 -Franchise Term For 969 Against 500 Ordinance 2009-11 5 PROPOSITION TWO 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 MAnER APPROVED IN A BINDING REFERENDUM. TOTAL NUMBER TOTAL NUMBER OF VOTES TOTAL NUMBER PROPOSITION OF EARLY VOTING RECEIVED AT OF VOTES TWO VOTES RECEIVED POLL ON ELECTION DAY RECEIVED FOR 419 351 770 AGAINST 472 351 823 Pro osition 3 -Add One Councilmember For 421 341 762 A ainst 454 339 793 Pro osition 4 -Three Year Council Term For 496 347 843 Against 363 320 683 Pro osition 5 -Resign of Council Seat For 567 392 959 Against 292 270 562 Proposition 6 -Forfeiture of Office I 596 I 448 1044 For Against 485 Pro For 1064 A ainst 463 Pro For 602 A ainst 930 For 836 Against 693 Ordinance 2009-11 specified in the Order of Election and the Town's Home Rule Charter: For Against Early Voting Results Election Day Results Proposition 1 -Exchange of Land TOTAL VOTES 1189 359 Pro osition 2 -Referendum on Ordinance to Abolish MUD2 For 419 351 770 Against 472 351 823 Proposition 3 -Add One Councilmember 762 793 Pro osition 4 -Three Year Council Term For 496 347 843 Against 363 320 683 Pro osition 5 -Resign of Council Seat For 567 392 959 A ainst 292 270 562 Proposition 6 -Forfeiture of Office For 1044 Against 485 Pro osition 7 -Filling Council Vacancies For 609 455 1064 A ainst 249 214 463 Proposition 8 -Council Com ensation For 358 244 602 Against 508 422 930 Pro osition 9 -Mayor Voting For 491 345 836 Against 373 320 693 Proposition 10 -Agenda Re uest Process For 493 331 824 Against 365 325 690 Proposition 11 -Conflict of Interest and Abstention from Voting Pro ointment Procedure For 567 410 977 Against 282 250 532 Ordinance 2009-11 7 Proposition 13 -Com liance with Texas Election Code For 752 557 1309 Against 93 90 183 Pro osition 14 -Define Grounds for Recall For 509 436 945 Against 350 212 562 Proposition 15 -Grounds for Recall I 535 I 380 915 For Against 314 269 583 Proposition 16 -Reduce Recall Signature Requirement For I 381 I 252 I 633 858 osition 17 -Reduce Initiative & Referendum Signature Re uirement For 369 221 590 Against 476 425 901 Proposition 18 -Budget For 422 886 Against 236 631 Pro osition 19 -Budget Process For 590 431 1021 A ainst 258 218 476 Proposition 20 -Code of Ethics and Non-Compensated Commission Against 545 344 889 For I 320 I 308 I 628 Pro osition 21 -Code of Ethics and Ethics Commission For 519 337 856 Against 345 314 659 Pro osition 22 -Charter Review Commission For 477 326 803 Against 362 308 670 Pro osition 23 -Term Limits For 530 395 925 A ainst 334 268 602 Pro osition 24 -Franchise Term For 577 392 969 Against 255 245 500 Section 6. Issuance of Canvass of Joint General and Joint Special Election. The Mayor is hereby authorized and directed to execute and deliver the Canvass of the Joint General and Joint Special Election, a copy of which is attached hereto 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 7. Engrossment and Enrollment. The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by Ordinance 2009-11 8 filing this Ordinance in the ordinance records of the Town as required in the Town Charter. Section 8. 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 18th day of May, 2009. ~5~_ Mayor, Nick Sanders Town of Trophy Club, Texas Effective Date: s/ ,;:n/o , [SEAL] ATTEST: dt9c2 elk v1i1f-l Town Secretary, Lisa Henrful\ Town of Trophy Club, Texas APPROVED AS TO FORM: ~m £iJQJotf'A.d/ own Attorney, Patricia Adams Town of Trophy Club, Texas Ordinance 2009-11 9 TOWN OF TROPHY CLUB, TEXAS CANVASS OF GENERAL JOINT ELECTION I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding Officer of the Canvassing Authority of the Town, met on 18 th day of May, 2009 with the Town Council of the Town, sitting as the Canvassing Board to canvass the returns of the Joint General and Joint Special Election held on May 9, 2009, at the Trophy Club Town Hall Building, 100 Municipal Drive, Trophy Club, Texas, as such returns related to the election of a Mayor and two (2) Council Members to the Town Council and such returns related to the amendments of the 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 18th day of May, 2009. (Seal) Ordinance 2009-11 ~~~ Mayor and Presiding Officer of the Canvassing Authority Trophy Club, Texas 10 TOWN OF §I ; ;;; q; it MP TROPHY CLUB May 19, 2009 Elections Division Secretary of State P.O. Box 12060 Austin, Texas 78711-2060 RE: Ordinance putting the Home Rule Charter Amendments from the May 9th 2009 Joint General and Joint Special Election into effect. To Whom It May Concern: Enclosed is a certified copy of Ordinance 2009-12 putting the Home Rule Charter Amendments from the May 9th 2009 Joint General and Joint Special Election into effect, passed and approved on May 18, 2009. Please file in accordance with Local Government Code §9.007 and 9.008. If you have any questions, contact me at 682-831-4601. Sincerely, ~ .. (h:J It /J~~ Lisa Hennek Town Secretary cc: Town Attorney Patricia Adams Enclosures 100 MUilkipal Drive Trophy Club, Texas 76262 Tele. (682) 831-4600 Fax (817) 491-9312 CERTIFICATION TOWN OF TROPHY CLUB STATE OF TEXAS May 19, 2009 I, Lisa Hennek, Town Secretary for the Town of Trophy Club, Texas do hereby certify that the attached documents of: "Ordinance putting the Home Rule Charter Amendments from the May 9th 2009 Joint General and Joint Special Election into effect", is a true and correct copy of the original of said documents on file in the Town of Trophy Club. Lisa Hennek, Town Secretary Town of Trophy Club, Texas CERTIFICATION TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 STATE OF TEXAS . May '9, 2009 I, Mary Moore, MUD Secretary for Trophy Club Municipal Utility District NO.1 (the "District"), Trophy Club, Texas, do hereby certify that the attached document of the District, is a true and correct copy of the original of said public documents on file in the Town of Trophy Club, Texas. [Seal] >-Order 2009-0512, Canvassing Consolidation Election Returns i.e ok.. . t/f()-$L '~F Mary Moore :uos:etarY Trophy Club MUD 1 Trophy Club, Texas TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 CERTIFICATE FOR ORDER 2009 -0512 CANVASSING CONSOLIDATION ELECTION RETURNS THE STATE OF TEXAS § COUNTY OF DENTON § COUNTY OF TARRANT § TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 § We, the undersigned officers of said District, hereby certify as follows: 1. The Board of Directors of said District convened in REGULAR MEETING ON THE 12TH DAY OF MAY, 2009, at the regular meeting place, and the roll was called of the duly constituted officers and members of said Board of Directors, to-wit: Dean Henry, President Gary Cantrell, Vice President Constance S. White, Secretary/Treasurer Jim Hase, Director Neil Twomey, Director and all of said persons were present, except the following members: Constance S. White, thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDER CANVASSING CONSOLIDATION ELECTION RETURNS was duly introduced for the consideration of said Board of Directors and read in full. It was then duly moved and seconded that said Order be passed, and, after due discussion, said motion can-ying with it the passage of said Order, prevailed and carried by the following vote: AYES: All members of said Board of Directors shown present above voted "Aye." NOES: None. 2. That a true, full and con-ect copy of the aforesaid Order passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Order has been duly recorded in said Board of Director's minutes of said Meeting; that the above and foregoing paragraph is a true, full and COlTect excerpt from said Board of Directors' TCMUDNo.l Certificate of Order 2009-0512 2 minutes of said Meeting pertaining to the passage of said Order; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said Board of Directors as indicated therein; that each of the officers and members of said Board of Directors was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Order would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 3. That the President of the Board of Directors of said District has approved and hereby approves the aforesaid Order; that the President of the Board of Directors and the Secretary of the Board of Directors of said District have duly signed said Order; and that the President of the Board of Directors and the Secretary of the Board of Directors of said District hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Order for all purposes. SIGNED AND SEALED the12th day of May, 2009. ISecretary, Board -;)f])irectors (SEAL) TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 ORDER 2009 -0512 ORDER CANVASSING CONSOLIDATION ELECTION RETURNS WHEREAS, on the 9th day of May, 2009, there was held within and for Trophy Club Municipal Utility District No.1, of Denton County, Texas (the "District"), an election for the purpose of voting on the following proposition: PROPOSITION NO.1 SHALL TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON AND TARRANT COUNTIES, TEXAS AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 OF DENTON COUNTY, TEXAS BE CONSOLIDATED INTO ONE MUNICIPAL UTILITY DISTRICT, TO BE KNOWN AS TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 OF DENTON AND TARRANT COUNTIES, TEXAS, WITH EACH DISTRICT ASSUMING nIE OnIER DISTRICT'S OUTSTANDING BONDS, NOTES AND OBLIGATIONS AND VOTED BUT UNISSUED BONDS PAYABLE IN WHOLE OR IN PART FROM TAXATION, WITH THE OUTSTANDING BONDS, NOTES AND OBLIGATIONS, BEING AS FOLLOWS: TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 BONDS, NOTES AND CONTRACTUAL OBLIGATIONS TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 WATERWORKS AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND REVENUE REFUNDING BONDS, SERIES 1997, OUTSTANDING IN THE PRINCIPAL AMOUNT OF $1,090,000 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 UNLIMITED TAX REFUNDING BONDS, SERIES 2003, OUTSTANDING IN THE PRINCIPAL AMOUNT OF $715,000 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 PUBLIC PROPERTY CONTRACTUAL OBLIGATION, SERIES 2004, OUTSTANDING IN THE PRINCIPAL AMOUNT OF $135,000 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATION, SERIES 2007, OUTSTANDING IN THE PRINCIPAL AMOUNT OF $379,000 TCMUDNo.1 Order 2009-0512 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 BONDS 2 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 UNLIMITED TAX BONDS, SERIES 2002, OUTSTANDING IN THE PRINCIPAL AMOUNT OF $2,935,000 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 UNLIMITED TAX BONDS, SERIES 2003, OUTSTANDING IN THE PRINCIPAL AMOUNT OF $995,000 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 UNLIMITED TAX REFUNDING BONDS SERIES 2005, OUTSTANDING IN THE PRINCIPAL AMOUNT OF $2,580,000 WITH THE PURPOSES AND EFFECTS THAT THE BOARD OF DIRECTORS OF THE CONSOLIDATED DISTRICT SHALL BE AUTHORIZED TO PROVIDE FOR THE PAYMENT OF PRINCIPAL OF AND INTEREST ON THE OUTSTANDING BONDS, NOTES AND OBLIGATIONS OF FORMER TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 OF DENTON AND TARRANT COUNTIES, TEXAS, AND THE OUTSTANDING BONDS, NOTES AND OBLIGATIONS OF FORMER TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 OF DENTON COUNTY, TEXAS, THROUGH THE LEVY AND COLLECTION OF A SUFFICIENT AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN SAID CONSOLIDATED DISTRICT, AND TO ISSUE FOR AND IN THE NAME OF THE CONSOLIDATED DISTRICT TI-IE VOTED BUT UNISSUED BONDS OF FORMER TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 OF DENTON AND TARRANT COUNTIES, TEXAS, IN THE AMOUNT OF $3,229,217, AND THE VOTED BUT UNISSUED BONDS OF FORMER TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 OF DENTON COUNTY, TEXAS, IN THE AMOUNT OF $4,540,000, BEING ASSUMED BY THE CONSOLIDATED DISTRICT, AS MAY BE APPROPRIATE UNDER THE SPECIFIC AUTHORITY AND TERMS AND CONDITIONS OF THE PROPOSITIONS SUBMITTED AT THE ELECTIONS AUTHORIZING SAME, AND TO PROVIDE FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BONDS BY THE LEVY AND COLLECTION OF A SUFFICIENT TAX UPON ALL TAXABLE PROPERTY WITHIN SAID CONSOLIDATED DISTRICT; PROVIDED, HOWEVER, THAT SHOULD SAID DISTRICTS NOT BE CONSOLIDATED FOR ANY REASON, EACH OF SUCH DISTRICTS SHALL REMAIN SEP ARA TE AND INDEPENDENT DISTRICTS, AND THE BOARD OF DIRECTORS OF EACH OF SUCH DISTRICTS SHALL RETAIN THE AUTHORIZATION TO ISSUE ALL OR ANY PART OR PARTS OF THE REMAINING VOTED BUT UNISSUED BONDS VOTED AT THE ELECTIONS HELD WITHIN EACH OF SAID TCMUDNo.l Order 2009-0512 3 and DISTRlCTS, AS MAY BE APPROPRlATE UNDER THE SPECIFIC AUTHORlTY AND TERMS AND CONDITIONS OF THE PROPOSITIONS SUBMITTED AT THE ELECTIONS AUTHORlZING SAME, AND TO LEVY TAXES FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAME, ALL AS AUTHORlZED BY THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS? (No mistake or omission in the description of the foregoing indebtedness shall prevent any such indebtedness from being assumed by the consolidated district, it being the intention for the consolidated district to assume all of said indebtedness chargeable to either such district or any portion thereof.) WHEREAS, the returns of said election have been certified to the Board of Directors of the District by the appropriate election officials; and WHEREAS, the official election returns show that the duly qualified voters of the District cast seven hundred forty-nine (749) ballots at said election, and the votes cast for such proposition were as follows: PROPOSITION 1 FOR 446 votes THE CONSOLIDATION OF THE DISTRlCTS AGAINST 303 votes and WHEREAS, the above totals are shown in the official election returns heretofore submitted to the Board of Directors and filed with the President and Secretary of the Board of Directors; and WHEREAS, snch election was called in all respects under and in strict conformity with the Constitution and laws of the State of Texas and the United States of America; Now, Therefore, BE IT ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRlCT NO.1, OF DENTON AND TARRANT COUNTIES, TEXAS, THAT: Section 1: The matters and facts recited in the above preamble of this Order are found to be true and COiTect. Section 2: The election held within and for the District on the 9th day of May, 2009, which is more fully described in the preamble of this Order, was called and notice was given thereof under the hand of the President and Secretary of the Board of Directors of the District in TCMUDNo.l Order 2009-0512 4 accordance with law; and that returns of the election have been lawfully made by the proper officer. Section 3: It is hereby found, detelmined and declared that the proposition submitted to the voters at such election has carried, and voting has resulted favorably toward the consolidation ofthe District with Trophy Club Municipal Utility Distlict No.2, of Denton COW1ty, Texas. Section 4: It is hereby found, detelmined and declared that the meeting at which this Order has been considered is open to the public as required by law, and that public notice of the time, date, place and subject matter ofthis meeting and of the proposed adoption of this Order was given, furnished and posted as required by law. Section 5: A certified copy of this Order shall be maintained in the District's official election register. PASSED AND APPROVED this 12th day of May, 2009. ATTEST: ecretary, Board o{Directors (SEAL) CERTIFICATION TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 STATE OF TEXAS May 19, 2009 I, Mary Moore, MUD Secretary for Trophy Club Municipal Utility District NO.2 (the "District"), Trophy Club, Texas, do hereby certify that the attached document of the District, Is a true and correct copy of the original of said public documents on file In the Town of Trophy Club, Texas. >-Order 2009-0512, Canvassing Consolidation Election Returns ~~~~7~~{ad:).~'b ary oore MUD Secretary Trophy Club MUD 2 Trophy Club, Texas TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 CERTIFICATE FOR ORDER 2009 -0512 CANVASSING CONSOLIDATION ELECTION RETURNS THE STATE OF TEXAS § COUNTY OF DENTON § TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 § We, the undersigned officers of said District, hereby certify as follows: I. The Board of Directors of said District convened in REGULAR MEETING ON THE 12TH DAY OF MAY, 2009, at the regular meeting place, and the roll was called of the duly constituted officers and members of said Board of Directors, to-wit: Jim Budarf, President Kevin Carr, Vice President James C. Thomas, Secretary/Treasurer Carol Borges, Director Steven Kohs, Director and all of said persons were present, except the following members: f!5 thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDER CANVASSING CONSOLIDATION ELECTION RETURNS was duly introduced for the consideration of said Board of Directors and read in full. It was then duly moved and seconded that said Order be passed, and, after due discussion, said motion calTying with it the passage of said Order, prevailed and carried by the following vote: AYES: All members of said Board of Directors shown present above voted "Aye." NOES: None. 2. That a true, full and cOlTect copy of the aforesaid Order passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Order has been duly recorded in said Board of Directors' minutes of said Meeting; that the above and foregoing paragraph is a true, fi.J1l and con·ect excerpt from said Board of Director's minutes of said Meeting pertaining to the passage of said Order; that the persons named in the TCMUDNo.2 Certificate of Order 2009-0512 2 above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said Board of Directors as indicated therein; that each of the officers and members of said Board of Directors was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Order would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and tllat said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 3. That tlle President of the Board of Directors of said District has approved and hereby approves the aforesaid Order; that the President of tlle Board of Directors and the Secretary of the Board of Directors of said District have duly signed said Order; and that the President of the Board of Directors and the Secretary of the Board of Directors of said Dishict hereby declare that tlleir signing of this Certificate shall constitute the signing oftlle attached and following copy of said Order for all purposes. SIGNED AND SEALED the12tll day of May, 2009. TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 ORDER 2009 -0512 ORDER CANVASSING CONSOLIDATION ELECTION RETURNS WHEREAS, on the 9th day of May, 2009, there was held within and for Trophy Club Municipal Utility District No.2, of Denton County, Texas (the "District"), an election for the purpose of voting on the following proposition: PROPOSITION NO. I SHALL TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON AND TARRANT COUNTIES, TEXAS AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 OF DENTON COUNTY, TEXAS BE CONSOLIDATED INTO ONE MUNICIPAL UTILITY DISTRICT, TO BE KNOWN AS TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I OF DENTON AND TARRANT COUNTIES, TEXAS, WITH EACH DISTRICT ASSUMING THE OTHER DISTRICT'S OUTSTANDING BONDS, NOTES AND OBLIGATIONS AND VOTED BUT UNISSUED BONDS PAYABLE IN WHOLE OR IN PART FROM TAXATION, WITH THE OUTSTANDING BONDS, NOTES AND OBLIGATIONS, BEING AS FOLLOWS: TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I BONDS, NOTES AND CONTRACTUAL OBLIGATIONS TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I WATERWORKS AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND REVENUE REFUNDING BONDS, SERIES 1997, OUTSTANDING IN THE PRINCIPAL AMOUNT OF $1,090,000 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I UNLIMITED TAX REFUNDING BONDS, SERIES 2003, OUTSTANDING IN THE PRINCIPAL AMOUNT OF $715,000 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 PUBLIC PROPERTY CONTRACTUAL OBLIGATION, SERIES 2004, OUTSTANDING IN Tl:IE PRINCIP AL AMOUNT OF $135,000 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATION, SERIES 2007, OUTSTANDING IN THE PRINCIPAL AMOUNT OF $379,000 TCMUDNo.2 Order 2009-0512 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 BONDS 2 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 UNLIMITED TAX BONDS, SERIES 2002, OUTSTANDING IN THE PRINCIPAL AMOUNT OF $2,935,000 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 UNLIMITED TAX BONDS, SERIES 2003, OUTSTANDING IN THE PRINCIPAL AMOUNT OF $995,000 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 UNLIMITED TAX REFUNDING BONDS SERIES 2005, OUTSTANDING IN THE PRINCIPAL AMOUNT OF $2,580,000 WITH THE PURPOSES AND EFFECTS THAT THE BOARD OF DIRECTORS OF THE CONSOLIDATED DISTRICT SHALL BE AUTHORIZED TO PROVIDE FOR THE PAYMENT OF PRINCIPAL OF AND INTEREST ON THE OUTSTANDING BONDS, NOTES AND OBLIGATIONS OF FORMER TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I OF DENTON AND TARRANT COUNTIES, TEXAS, AND THE OUTSTANDING BONDS, NOTES AND OBLIGATIONS OF FORMER TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 OF DENTON COUNTY, TEXAS, THROUGH THE LEVY AND COLLECTION OF A SUFFICIENT AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN SAID CONSOLIDATED DISTRICT, AND TO ISSUE FOR AND IN THE NAME OF THE CONSOLIDATED DISTRICT THE VOTED BUT UNISSUED BONDS -OF FORMER TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I OF DENTON AND TARRANT COUNTIES, TEXAS, IN THE AMOUNT OF $3,229,217, AND THE VOTED BUT UNISSUED BONDS OF FORMER TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 OF DENTON COUNTY, TEXAS, IN THE AMOUNT OF $4,540,000, BEING ASSUMED BY THE CONSOLIDATED DISTRICT, AS MAY BE APPROPRIATE UNDER THE SPECIFIC AUTHORITY AND TERMS AND CONDITIONS OF THE PROPOSITIONS SUBMITTED AT THE ELECTIONS AUTHORIZING SAME, AND TO PROVIDE FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BONDS BY THE LEVY AND COLLECTION OF A SUFFICIENT TAX UPON ALL TAXABLE PROPERTY WITHIN SAID CONSOLIDATED DISTRICT; PROVIDED, HOWEVER, THAT SHOULD SAID DISTRICTS NOT BE CONSOLIDATED FOR ANY REASON, EACH OF SUCH DISTRICTS SHALL REMAIN SEPARATE AND INDEPENDENT DISTRICTS, AND THE BOARD OF DIRECTORS OF EACH OF SUCH DISTRICTS SHALL RETAIN THE AUTHORIZATION TO ISSUE ALL OR ANY PART OR PARTS OF THE REMAINING VOTED BUT UNISSUED BONDS VOTED AT THE ELECTIONS HELD WITHIN EACH OF SAID TCMUDNo.2 Order 2009-0512 3 and DISTRICTS, AS MAY BE APPROPRIATE UNDER THE SPECIFIC AUTHORITY AND TERMS AND CONDITIONS OF THE PROPOSITIONS SUBMITTED AT THE ELECTIONS AUTHORIZING SAME, AND TO LEVY TAXES FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAME, ALL AS AUTHORIZED BY THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS? (No mistake or omission in the description of the foregoing indebtedness shall prevent any such indebtedness from being assumed by the consolidated district, it being the intention for the consolidated district to assume all of said indebtedness chargeable to either such district or any portion thereof.) WHEREAS, the returns of said election have been certified to the Board of Directors of the District by the appropriate election officials; and WHEREAS, the official election returns show that the duly qualified voters of the District cast eight hundred one (801) ballots at said election, and the votes cast for such proposition were as follows: PROPOSITION 1 FOR 605 votes THE CONSOLIDATION OF THE DISTRICTS AGAINST 196 votes and WHEREAS, the above totals are shown in the official election returns heretofore submitted to the Board of Directors and filed with the President and Secretary of the Board of Directors; and WHEREAS, such election was called in all respects under and in strict conformity with the Constitution and laws of the State of Texas and the United States of America; Now, Therefore, BE IT ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2, OF DENTON COUNTY, TEXAS, THAT: Section I: The matters and facts recited in the above preamble of this Order are found to be true and correct. Section 2: The election held within and for the District on the 9th day of May, 2009, which is more fully desclibed in the preanlble of this Order, was called and notice was given thereof under the hand of the President and Secretary of the Board of Directors of the District in TCMUDNo.2 Order 2009-0512 4 accordance with law; and that returns of the election have been lawfully made by the proper officer. Section 3: It is hereby found, determined and declared that the proposition submitted to the voters at such election has carried, and voting has resulted favorably toward the consolidation of the District with Trophy Club Municipal Utility District No. 1, of Denton and Tarrant Counties, Texas. Section 4: It is hereby found, determined and declared that the meeting at which this Order has been considered is open to the public as required by law, and that public notice ofthe time, date, place and subject matter of this meeting and of the proposed adoption of this Order was given, furnished and posted as required by law. Section 5: A certified copy of this Order shall be maintained in the District's official election register. PASSED AND APPROVED this 12th day of May, 2009. ATTEST: TOWN OF TROPHY CLUB MUD 2 CUMULATIVE REPORT -Unofficial DENTON COUNTY, TEXAS -NORTHWEST INDEPENDENT SCHOOL DISTRICT AND CITY ELECTIONS -May 09, 2009 ~"I-= _________ C_'"_d_Id_"_' __________ ~1 PROPOSITION NO.1, Vole For 1 Fo< Against Cos! Votes: Mail Ballots included in Election Day Totals. Page 1 of1 05/11/2009 11 :19 Al\ Precincts Reporting 6 of 8 = 75.00°, Districl Precincts Reporting 2 of 2 = 100.00~ "-_____ E.".' ____ .... 1"-____ E.I".II.'." ____ dl ~I::::::T:":'I:::::~. 334 76.43% 103 23.57% 437 !la,Il'I% 271 74.45% 93 25.55% 354 93.81% 605 75.5::1%.,11- 196 24.47% BOl 95.02% • Unofficial Winner Total number of voters who voted as indicated by polilisi. 1,635 The Town of Trophy Club has 5,359 registered voters. (Denton 5,074 and Tarrant 285) Voter Turnout was 30,5%. I, the undersigned, the Election Administrator for the above described e!ecllon held al the above designated electron preclm:t, do hereby cerl!fy that the above return Is a true and correct return for said election. 1/ jj . (/) ~ d <\ eOa a...L ElecHon Administrator May 11, 2009