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ORD 2009-12TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009-12 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING AND PUTTING THE 2009 HOME-RULE CHARTER AMENDMENTS INTO EFFECT; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR ENGROSSMENT, ENROLLMENT, AND CERTIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at a Special Election held within the Town of Trophy Club, Texas, on the 9th day of May, 2009, more than a majority of the duly qualified resident electors of the Town of Trophy Club, voting in the Special Election, voted in favor of the approval and adoption of a various amendments to the Home Rule Charter for the Town of Trophy Club, Texas; and WHEREAS, on the 18 th day of May, 2009, the Town Council of the Town of Trophy Club adopted an Ordinance canvassing the returns of the Special Election and declaring that the Charter had been so amended in accordance with the official results of the Special Election and the Order of the Special Election, and thereby approved and adopted amendments to the Horne-Rule Charter of the Town of Trophy Club; and WHEREAS, section 9.005 of the Texas Local Govemment Code provides that a charter amendment does not take effect until the governing body of the municipality enters an order in the records of the municipality declaring that the charter amendment is adopted, and the Town's Home Rule Charter and state law provide that the Town Council of the Town of Trophy Club shall, as soon as possible, put such Charter amendments into effect by Ordinance; and WHEREAS, it deemed to be for the best interests of the Town of Trophy Club and its residents that such Charter amendments passed and approved now be put into full effect consistent with the official results of the May, 2009 Special Election in accordance with the Order of the Special Election and Chapter 9 of the Texas Local Government Code; and 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. Ordinance 2009-12 SECTION 2. ADOPT!ON OF AMENDMENTS The following amendments to the Home-Rule Charter of the Town of Trophy Club, Texas, adopted at a Special Election held within the Town on the 9th day of May, 2009 shall upon adoption of this Ordinance and upon this date be put into full effect in their entirety; and the Charter Amendments set forth herein are now declared to be in full force and effect as Amendments to the Home-Rule Charter of the Town of Trophy Club, Texas. 2.01 PROPOSITION NO.4 Three Year Terms for Council -Amendments to Charter. Amend Article III, Sections 3.01 to be and read in its entirety as set forth below; Amend Section 3.02(a)(1) to be and read in its entirety as set forth below; Repeal existing section 3.04 (c) and adopt a new section 3.04 (c) to be and read in its entirety as set forth below; Amend Section 3.04 by adding a new subsection "d" and "e" to be and read in their entirety as set forth below; Amend Article V, Section 5.01 by amending the first paragraph, by repealing existing subsections "a" through "e" and by adopting new subsections "a" through "g" as set forth below in their entirety; Amend Section 5.06 to be and read in its entirety as set forth below; Amend Article VI, Section 6.01 to be and read in its entirety as set forth below; Amend Section 6.04, Subsection "g" by repealing existing subsection "g" in its entirety; and Amend Section 6.06 to be and read in its entirety as set forth below: 3.01 Number, Selection, Term The Council shall consist of six (6) members, a Mayor and five (5) Councilmembers, elected from the Town at-Iarge-by-place in the manner provided in Article V, for a term of three (3) years or until their successors have been elected and take office as provided in Article V. Each Councilmember shall be elected to and occupy a place on the Council, such Places being numbered (e.g., Place 1, Place 2, Place 3, etc.). 3.02 Qualifications (a) Each person who becomes a candidate for Mayor or Councilmember shall meet the following qualifications: (1) be at least twenty-one (21) years of age on the first day of the form to be filed; 3.04 Vacancies, Forfeiture of Office, Filling of Vacancies (c) If there is a vacancy in the office of Mayor, a new Mayor shall be elected by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. (d) A vacancy in the office of a Councilmember shall be filled by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. If the vacated office is that of Ordinance 2009-12 Mayor Pro-Tem, the Town Council shall elect a new Mayor Pro-Tem at the next regular meeting. (e) Vacancies filled by special election shall be for the remainder of the term that was vacated. 5.01 Elections The general Town election shall be held annually on a date in accordance with the laws of the State of Texas and as established by Town ordinance, commencing in the year 2009 at which time officers will be elected to fill those offices which become vacant that year. The Council may, by ordinance, order a special election, fix the time and place for holding same and provide all means for holding such special election. The Mayor and five (5) Councilmembers shall be elected and serve in the following manner: (a) The Mayor shall have a three-year term beginning with the May 2011 election. (b) Councilmembers elected at the May 2009 election shall draw lots to determine Places 1 and 2. Places 1 and 2 shall receive a two-year term at the May 2009 election; thereafter, Places 1 and 2 shall have three year terms. (c) Councilmembers elected at the May 2008 election shall draw lots to determine Places 3, 4, and 5. At the May 2010 election, Places 3 and 4 shall receive two year terms and Place 5 shall receive a three year term; thereafter, Places 3, 4, and 5 shall have three-year terms. (d) A Councilmember elected to Place 6 shall receive terms congruent with Place 5. (e) The candidate for Mayor who receives a majority of all votes cast for all the candidates for such office at the election shall be declared elected. (f) The candidate for election to each Place on the Council, who receives a majority of all votes cast for all the candidates for such Place at the election, shall be declared elected. (g) In the event any candidate for an office fails to receive a majority of all votes cast for all the candidates for such office at such election, the Town Council shall, upon completion of the official canvass of the ballots, issue a call for a runoff election to be held within thirty (30) days following the issuance of such call, or in accordance with the Texas Election Code. The two (2) candidates receiving the highest number of votes (or three (3) persons in case of tie for second place) for any such office in the first election shall be placed upon the ballot to be voted on in such runoff election; and, in case of a tie vote in the runoff election or in the first election if there are only Ordinance 2009-12 two (2) candidates, as to the two (2) candidates, the Council shall order subsequent elections in the same manner as the runoff election until the tie vote between the two (2) candidates has been resolved. 5.06 Canvassing and Election Results Returns of every municipal election shall be delivered forthwith by the Election Judges to the Town Secretary with a copy of the returns sent to the Mayor. The Council shall canvass the returns, investigate the qualifications of the candidates and declare the official results of the election in accordance with the Texas Election Code. The results of every municipal election shall be recorded in the minutes of the Council. The qualified person receiving a majority of the votes cast for any office shall thereupon be declared elected by said Council. The decision of the Council, as to qualifications of candidates, shall be conclusive and final for all purposes. 6.01 Scope of Recall Any elected Town official shall be subject to recall and removal from office by the qualified voters of the Town on grounds of incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision of the Charter. 6.04 Procedure After Filing Petition for Recall (g) Deleted. 6.06 Official Ballot Any Officer so elected shall hold office only during the unexpired term of his predecessor. Any person sought to be removed may be a candidate to succeed himself and, unless he requests otherwise in writing, the Town Secretary shall place his name on the official ballot without nomination. The names of other candidates for such position shall be placed on the official ballot in the same manner as provided in Article V of this Charter. At such election, the candidate receiving a majority of all votes cast for such office, according to the rules regulating the election of Councilmembers as set forth in this Charter, shall be declared elected. At such election, if some person other than the incumbent receives a majority of all votes cast for such office, the incumbent shall thereupon be deemed removed from the office upon the qualification of his successor. In case the party who receives a majority of all votes cast at said election should fail to qualify within the (10) days after receiving notification of his election, the office shall then become vacant. If the incumbent receives a majority of all votes cast at such election, he shall continue in office and shall not be subject to any other recall for any grounds existing prior to said election. In the event that a runoff election is required, the procedure set forth shall be followed. Ordinance 2009-12 2.02 PROPOSITION NO.5 Resign Council Seat -Amendments to Charter. Amend Article III, Section 3.02(a) to add a new subsection (7) to be and read in its entirety as set forth below and amend Article V, Section 5.04 to add a new subsection "f' to be and read in its entirety as set forth below: 3.02 Qualifications (a) (7) If any sitting Council member files to become a candidate for another public office, he shall resign his current seat upon filing for the new office. 5.04 Filing for Office (f) If any sitting Council member files to become a candidate for another public office, he shall resign his current seat upon filing for the new office. 2.03. PROPOSITION NO.6 Forfeiture of Office -Amendments to Charter. Amend Article III, Section 3.04(b) to add a new subsection (2) to be and read in its entirety as set forth below; Amend to renumber the current subsections (2) and (3) of Section 3.04(b) to be numbered as subsections (3) and (4) of Subsection 3.04 (b) and to be and read in their entirety as set forth below: 3.04 Vacancies, Forfeiture of Office, Filling of Vacancies (b) The Mayor or a Councilmember shall forfeit his office if during a term of office, the Mayor or Councilmember: (1) lacks any qualification for the office prescribed by this Charter or by other law; (2) violates any express prohibition of this Charter; (3) is convicted of a felony crime or is convicted of a crime involving moral turpitude; or, (4) fails to attend three consecutive regular meetings of the Council without being excused by the Council. The Council shall, by an affirmative 3/4 vote of the entire membership, be the judge in matters involving forfeiture of office by a Councilmember or the Mayor. Forfeiture of office pursuant to this section may be appealed to an appropriate court as provided by law. 2.04. PROPOSITION NO.7 Filling Council Vacancies -Amendments to Charter. Amend Article III, by repealing the current SUbsection "c" of Section 3.04 in its entirety and adopting a new subsection "c" of 3.04 to be and read in its entirety as set forth below; Amend Section 3.04 to add new subsections "d" and "e" to be and read in their entirety as set forth below: 3.04 Vacancies, Forfeiture of Office, Filling of Vacancies Ordinance 2009-12 (c) If there is a vacancy in the office of Mayor, a new Mayor shall be elected by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. (d) A vacancy in the office of a Councilmember shall be filled by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. If the vacated office is that of Mayor Pro-Tem, the Town Council shall elect a new Mayor Pro-Tem at the next regular meeting. (e) Vacancies filled by special election shall be for the remainder of the term that was vacated. 2.05. PROPOSITION NO.9 Mayor Voting -Amendments to Charter. Amend Article III, Section 3.06 to be and read in its entirety as set forth below; Amend Section 3.12 to be and read in its entirety as follows: Amend Section 3.16(b) to be and read in its entirety as follows; Amend Section 3.17 to be and read in its entirety as follows: 3.06 Mayor The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and he shall have a vote on all matters before the Council. He shall sign after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Govemor for the purpose of enforcing military law and for all ceremonial purposes. 3.12 Quorum A majority of the Council shall constitute a quorum to do business. A number less than a quorum may adjourn from time to time and compel the attendance of absent members. Except as otherwise specifically provided herein or as provided by law, four (4) members of Council shall constitute a quorum for the purpose of transaction of business and no action of the Council shall be valid or binding unless adopted by the affirmative vote of four (4) or more members of the Council, or as required by State law or this Charter. If the Council is reduced to less than four (4) members on account of vacancies, the remaining members shall constitute a quorum for the sole purpose of calling an election. Ordinance 2009-12 3.16 Procedure for Enacting Ordinances and Resolutions; Publications (b) All ordinances, exclusive of emergency ordinances defined by Section 3.17 of this Charter, shall be considered and passed in open meeting of the Council. All persons interested shall have the opportunity to be heard. The Town Attomey shall opine as to legality all ordinances prior to final adoption. Every ordinance, resolution or motion shall require on passage the affirmative vote of four (4) or more members of Council present unless more is required by State law. 3.17 Emergency Ordinances The Council may adopt emergency ordinances only to meet public emergencies affecting the life, health, property or the public peace in accordance with State law. In particular, such ordinances shall not levy taxes, grant or renew or extend a franchise or regulate the rate charged by any public utility for its services. An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that it shall be plainly designated in the title as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance can be adopted with or without amendment or rejected at the meeting at which it was introduced. The affirmative vote of four (4) members of the Council shall be required for adoption. After adoption the ordinance shall be published as required by law, but may become effective immediately upon enactment. 2.06 PROPOSITION NO. 10 Agenda Request Process -Amendments to Charter. Amend Article III, Section 3.11 (b) to be and read in its entirety as follows: 3.11 Rules of the Council (b) Any item requested by two (2) Councilmembers, or the Mayor, or by the Town Manager shall be placed on the agenda by the Town Secretary. The Mayor will establish the order of the agenda for each Council meeting. The Town Secretary shall prepare the agenda, which shall be publicly posted in accordance with the Texas Open Meetings Act. 2.07. PROPOSITION NO. 11 Conflict of interest and Abstention from Voting - Amendments to Charter. Amend Article III to add a Section entitled "Conflict of Interest and Abstention" and to be numbered as Section 3.20 and replacing the current Section 3.20 of Article III which was amended, renumbered and moved to Article IX, Section 9.09. The new Section 3.20 of Article III shall be and read as follows in its entirety: Article III. Ordinance 2009-12 3.20 Conflict of Interest and Abstention (a) Conflict of Interest. Should any person on the Town Council have a conflict of interest, pursuant to any State laws and/or Town ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the Town Council, he shall openly declare same before discussion proceeds, and he is thereby prohibited from discussing the item or voting on the question, and is not considered as present and voting for the purposes of the tally. (b) Abstention. Should any person on the Town Council choose to abstain from voting on any question before the Town Council, where no conflict of interest exists, the person's vote shall be recorded as a negative vote in the official minutes of the meeting. 2.08. PROPOSITION NO. 12 Appointment Language Consistency -Amendments to Charter. Amend Article IV Section 4.02(a) to be and read in its entirety as set forth below; Amend Section 4.07 to be and read in its entirety as set forth below; Amend the first paragraph of Section 4.11 to be and read in its entirety as set forth below; Amend Section 4.12 to be and read in its entirety as set forth below; Amend the first paragraph of Section 4.14 to be and read in its entirety as set forth below: 4.02 Town Manager -Appointment and Qualifications (a) The Council shall appoint a Town Manager, who shall be the chief administrative officer of the Town. 4.07 Town Secretary The Council shall appoint a Town Secretary who shall act as the Secretary to the Council and shall hold office at the pleasure of the Council. He shall be entitled to a seat at the Council table at all official meetings. 4.11 Judge of Court The Council shall by ordinance appoint one or more Judges of the Municipal Court. A Judge shall be a resident of this state, be a citizen of the United States, a licensed attorney in good standing, licensed to practice in the State of Texas and must have two (2) or more years of experience in practicing law in this state. 4.12 Clerk of the Court The Council shall by ordinance provide for the appointment of a Clerk of the Town of Trophy Club Municipal Court of Record and shall also provide for the appointment of such Deputy Clerks as the Council determines appropriate. The Clerk shall keep the records of the Municipal Courts of record, issue process, and generally perform the Ordinance 2009-12 duties as provided by law and established by Council. The Council may require the Clerk, before entering upon the duties of the office, to execute a good and sufficient surety company bond, in such amount as the Council may demand, payable to the Town and conditioned for the faithful performance of the duties of the office, the premium of such bond to be paid by the Town. The Council shall fix the compensation for the Clerk. The authority to set compensation may be delegated at the discretion of Council. 4.14 Town Attorney -Appointment & Qualifications The Council shall appoint an attorney licensed and in good standing to practice in the State of Texas as the Town Attorney. He shall serve at the discretion of the Council and he shall receive for his services such compensation as may be fixed by the Council. The authority to set compensation may be delegated at the discretion of Council. 2.09. PROPOSITION NO. 13 Compliance with Texas Election Code -Amendments to Charter. Amend Article V, Section 5.01 (e) to be and read in its entirety as set forth below; Amend Article VI, Sections 6.02 to be and read in its entirety as set forth below; Amend Section 6.04(f) to be and read in its entirety as set forth below; Amend Article VII, Sections 7.02 and 7.03 to be and read in their entirety as set forth below. 5.01 Elections (e) Except as specifically provided in this section, in the case of a tie vote as between two (2) or more candidates, a special election shall be called by the Council in accordance with the Texas Election Code. If the tie does not prevent the filling of the vacancies then the special election shall not be required. 6.02 Petition for Recall Before the question of recall of such officer shall be submitted to the qualified voters of the Town, a petition demanding such question to be so submitted shall first be filed with the person performing the duties of the Town Secretary, which petition shall be signed by a number equal to at least twenty percent (20%) of those who were qualified voters on the date of the last regular municipal election as determined from the list of qualified voters maintained by the County Election Administrator. All signatures must be in compliance with the requirements set out in the Texas Election Code. 6.04 Procedure After Filing Petition for Recall (f) If the Councilmember whose removal is sought does not resign within seven (7) days after the certified petition is presented to the Council, the Council, at its next regular meeting or at a specially called meeting, shall order a recall election. The Ordinance 2009-12 date selected for the recall election shall be the earliest available date in accordance with the Texas Election Code for which all legal requirements to verify the petition and call the election may be met. 7.02 Petition Qualified voters of the Town may initiate legislation by submitting a petition addressed to the Council which requests the submission of a proposed ordinance or resolution to a vote of the qualified voters of the Town. Said petition must be signed by qualified voters of the Town equal in number to twenty (20) percent of the number of qualified voters at the last regular municipal election of the Town, and each copy of the petition shall have attached to it a copy of the proposed leg islation. The petition shall be signed in the same manner as recall petitions are signed, as provided in Section 6.02 of this Charter, and shall be verified by oath in the manner and form provided for recall petitions in Section 6.03 of this Charter. The petition may consist of one or more copies as permitted for recall petitions in Section 6.04 of this Charter. Such petitions shall be filed with the person performing the duties of Town Secretary, who after verification of the petition as provided in Section 6.04 of this Charter, shall present the petition and proposed ordinance or resolution to the Council at its next regular or special meeting called for this purpose. Upon presentation to the Council of the petition and draft of the proposal, ordinance or resolution, it shall become the duty of the Council, within the twenty (20) days from the date of presentation to determine whether the proposed ordinance complies with Section 7.01 and to either vote to adopt such ordinance or resolution without alteration as to meaning or effect or to call a special election. A special election shall be held on the earliest available date in accordance with the Texas Election Code for which all legal requirements to verify the petition and call the election may be met. At the election, the qualified voters of the Town shall be allowed the opportunity to vote on the question of adopting or rejecting the proposed legislation. However, if any other municipal election is to be held within sixty (60) days after the filing of the petition, the question may be voted on at such election. 7.03 Referendum Qualified voters of the Town may require that any ordinance or resolution passed by the Council be submitted to the voters of the Town for approval or disapproval by submitting a petition for this purpose within forty-five (45) days after the ordinance or resolution becomes effective. Said petition shall be addressed, prepared, signed and verified as required for petitions initiating legislation as provided in Section 7.02 of this Charter and shall be submitted to the person performing the duties of Town Secretary. The Town Secretary shall present the petition to the Council at its next regular or special meeting called for this purpose. Upon presentation of the petition to the Council, it shall become the duty of the Council, within twenty (20) days from the date of presentation to reconsider such ordinance or resolution. If Council does not repeal the ordinance or resolution either in its entirety or as specified in the petition, Council shall call a special election. Pending the holding of such election, Ordinance 2009-12 such ordinance or resolution shall be suspended and shall not later take effect unless a majority of the qualified voters voting thereon at such election shall vote in favor thereon. A special election shall be held on the earliest available date in accordance with the Texas Election Code for which all legal requirements to verify the petition and call the election may be met. At the election, the qualified voters of the Town shall be allowed the opportunity to vote on the question of approving or disapproving the ordinance or resolution. However, if any other municipal election is to be held within sixty (60) days after the filing of the petition, the question may be voted on at such election. 2.10 PROPOSITION NO. 14 Define grounds for recall. Amend Article VI. Sections 6.01 and 6.03 of the Town Charter to be and read in their entirety as set forth below: 6.01 Scope of Recall Any elected Town official, whether elected to office by the qualified voters of the Town or appointed by the Council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the Town on anyone or more of the following grounds: incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision of the Charter. In th is section: A. "Incompetency" means (a) gross ignorance of official duties; or (b) gross carelessness in the discharge of official duties; or (c) inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of the officer's election. The term is used in a sense that the Town official has exceeded his or her authority by defying or overruling lawful actions done by the Town Council. B. "Official misconduct" means intentional unlawful behavior relating to official duties by a Town Official entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town Official to perform a duty imposed on the officer by law. C. "Malfeasance" means the doing of an act by a Town Official through ignorance, inattention, or malice, wh ich act the official had no legal right or authority to do, or which act exceeds or abuses the official's rightful authority or powers; or the failure to do an act which the Town Official had a legal duty to do. 6.03 Form of Recall and Oath The recall petition must be addressed to the Council, must distinctly and specifically point out the ground or grounds upon which such petition for removal is predicated and, ifthere be more than one (1) ground, such as for incompetency, misconduct, or malfeasance in office shall specifically state each ground with such certainty as to Ordinance 2009-12 give the Officer sought to be removed notice of the matters and things with which he is charged on each ground. The signature shall be verified by oath in the following form: STATE OF TEXAS § COUNTY OF § I, , being first duly sworn, on oath depose and say that I am one of the signers of the above petition and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is the genuine signature of the person whose name it purports to be. Subscribed and sworn to before me this ____ day of _______ _ Notary Public, _____ County, Texas t 2.11. PROPOSITION NO. 19 Budget Process -Amendments to Charter. Amend Article III, Sections 3.06 and 3.08 to be and read in their entirety as set forth below; Renumber Section 3.20 to become a part of Article IX, Section 9.09; Amend Article IV, Section 4.05 (e) to be and read in its entirety as set forth below; Amend Section 4.05 to add new subsections "f', "g", "j" and "k" and to renumber current subsections "f', "g", "h", "j", "j" and "k lJ to become subsections uh", "j", 'T', "m", lin" and LID!!; Amend Article IX entitled "Budget, Finance, and Taxation" by repealing the current Section 9.02 in its entirety and adopting a new Section 9.02 as set forth below; Repeal the current Section 9.03 in its entirety and adopt a new Section 9.03 as set forth below; Repeal existing Sections 9.04 through 9.07 and adopt new Sections 9.04 through 9.07 to be and read in their entirety as set forth below; Adopt a new Section 9.08 and renumber the current Section 9.08 to become Section 9.10 and to be and read in its entirety as set forth below; Amend Article IX by repealing current Section 9.09 entitled "Failure to Adopt a Budget" in its entirety, renumbering the current Article III, Section 3.20 entitled "Audit and Examination of Town Books and Accounts" to become Section 9.09 entitled "Audit and Examination of Town Books and Accounts" and to be and read in its entirety as set forth below; Renumber current Sections 9.10, 9.11, and 9.12 to become Sections 9.11, 9.12, and 9.13 respectively and to be and read in their entirety as follows: Repeal Sections 9.13 through 9.17 in their entirety; Renumber current Sections 9.18 through 9.24 to become Sections 9.14 through 9.20 and to be and read in their entirety as set forth below. 3.06 Mayor Ordinance 2009-12 The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him by this Charter and by ordinances and resolutions passed in pursuance thereof. He may participate in the discussion of all matters coming before the Council and in case of a tie vote, he shall have a casting vote. He shall sign, after authorization by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. He shall present an annual state of the Town message, which shall include setting out needs and goals for the Town. He shall be recognized as the official head of the Town by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law and for all ceremonial purposes. 3.08 Powers of the Council All powers of the Town, and the determination of all matters of policy, shall be vested in the Council. Without limitation of the foregoing, and among the other powers that may be exercised by the Council, the following are hereby enumerated for greater certainty: (a) Appoint and remove a Town Manager as hereinafter provided; (b) Adopt the budget of the Town, and remain fully advised as to the financial condition and future needs of the Town; (c) Authorize the issuance and sale of bonds by a bond ordinance; (d) Develop long term goals for the Town and strategies to implement goals; (e) Inquire into the conduct of any office, department or agency of the Town and authorize investigations as to municipal affairs; (f) Provide for such additional boards, commissions and corporations not otherwise provided for in this Charter, as may be deemed necessary, and appoint the members of all such boards, commissions and corporations. Such boards, commissions and corporations shall have all powers and duties now or hereafter conferred and created by this Charter, by Town ordinance or by State law; (g) Adopt and modify the zoning plan, and a building code, including electrical and plumbing codes, of and for the Town; and to require building permits; (h) Adopt and modify the official map of the boundaries of the Town and its extraterritorial jurisdiction; (i) Adopt, modify and carry out plans proposed by the Town Planning and Zoning Commission for the clearance of slum districts and rehabilitation of blighted areas; Ordinance 2009-12 CD Adopt, modify and carry out plans proposed by the Town Planning and Zoning Commission for the replanning, improvement and redevelopment of any area or district which may have been destroyed in whole or in part by disaster; (k) Regulate, license and fix the charges or fares made by any person, firm or corporation owning, operating or controlling any vehicle of any character used for the carrying of passengers for hire or the transportation of freight for hire on the public streets and alleys of the Town; (I) Provide for the establishment and designation of fire limits, and prescribe the kind and character of buildings or structures or improvements to be erected therein; provide for the erection of fireproof buildings within said limits; provide for the condemnation of dangerous structures, buildings, dilapidated buildings or buildings calculated to increase the fire hazard, and prescribe the manner of their removal or destruction, within said limits; (m) Provide for a sanitary sewer and water system, and require property owners to connect their premises with sewer system and provide the penalties for failure to make sanitary sewer connections; (n) Provide for sanitary garbage disposal, and set fees and charges therefor, and provide penalties for failure to pay such fees and charges; define nuisances and to prohibit same, and provide penalties for violations; (0) Provide for all necessary public utilities and set fees and charges therefor and provide penalties for misuses of same; (p) Exercise exclusive dominion, control and jurisdiction (including the right to close and abandon streets and alleys) in, upon, over and under the public streets, avenues, sidewalks, alleys, highways, boulevards and public grounds of the Town; provide for the improvement of same as set forth in State law or as determined appropriate by the Council in order to meet a municipal purpose; (q) Compromise and settle any and all claims, demands and lawsuits, of every kind and character, in favor of, or against, the Town; (r) Require bonds, both special and general, of such contractors and others constructing or building for the Town as Council determines appropriate, and to set up standards, rules and regulations therefor; (s) Pass ordinances defining and prohibiting misdemeanors and provide penalties for violations; Ordinance 2009-12 (t) Provide and/or arrange for any and all "civil defense measures" and "public shelter measures" for the Town and for the citizens thereof, deemed necessary for the public welfare; (u) Exercise, or delegate to the Mayor, extraordinary and total executive powers (on a temporary basis) during the existence and duration of any major public disaster, for the public welfare; and, (v) Name and designate an "Official Newspaper" for the Town and cause only the caption of duly enacted ordinances to be published except as provided otherwise by law. 4.05 Powers and Duties The Town Manager shall be the chief administrative officer and head of the administrative branch of the Town. He shall be responsible to the Council for the proper administration of all the affairs of the Town and to that end shall have the power and be required to: (a) Oversee the effective enforcement of all applicable laws and ordinances, implement the directives and policies established by Council and oversee the administration of contracts and franchises to ensure com pliance with the terms approved by Council; (b) Appoint, suspend and/or remove all or anyone of the heads of departments and all subordinate officers and employees of the Town in accordance with applicable laws and policies. The Town Manager may authorize any administrative officer subject to the Manager's direction and supeNision to exercise these powers with respect to subordinates in that officer's department, office or agency; (c) Direct and supeNise the administration of all departments; (d) Attend all meetings of the Council, except when excused by the Council. The Town Manager shall have the right to take part in discussion but shall not vote; (e) Prepare and submit the annual budget and capital program to the Town Council, and implement the final budget approved by Council to achieve the goals of the Town; (f) Submit to the Town Council and make available to the public, by end of December, a complete report on the finances and administrative activities of the Town as of the end of each fiscal year, including outcomes and performance related to that fiscal year's goals and provide Cost of SeNice delivery comparisons for a representative sample of North Texas towns; Ordinance 2009-12 (g) Keep the Town Council fully advised as to the financial condition and future needs of the Town; (h) Make recommendations to the Council concerning affairs of the Town and facilitate the work of the Council in developing policy; (i) Provide staff support services for the Mayor and Councilmembers; U) Assist the Council in developing goals and strategies for the next fiscal period; (k) Assist the Council to develop long term goals for the Town and develop strategies to implement those goals; (I) Encourage and provide staff support for regional and intergovernmental cooperation; (m) Promote partnerships among Council, Staff and citizens in developing public policy and building a sense of community; (n) Perform such other duties as may be prescribed by Council, by this Charter, by ordinance or other law; and, (0) Be the custodian of all municipal records of the Council and recommend to the Council rules and regulations to be adopted by ordinances to protect the safety and security of the municipal records. ARTICLE IX BUDGET, FINANCE AND TAXATION 9.02 Submission The Town Manager shall submit to the Council a proposed budget and accompanying message before the first day of August of each year. 9.03 Budget Message The Town Manager's message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the Town for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the Town's debt position, including factors affecting the ability to raise resources through debt issues, and include such other material as the Town Manager deems desirable. Ordinance 2009-12 9.04 Budget The budget shall provide a complete financial plan of all Town funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the Town Manager deems desirable or the Council may require for effective management and an understanding of the relationship between the budget and the Town's strategic goals. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income citing the source or basis of the estimates, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the three prior fiscal years and the projected budgets for the next three fiscal years; the total of the proposed expenditures shall not exceed the total estimated income and the balance of available funds. The budget shall indicate in separate sections: (1) The proposed goals and expenditures for current operations during the ensuing fiscal year, detailed for each fund by department or by other organization unit, and program, purpose or activity, method of financing such expenditures, and methods to measure outcomes and performance related to the goals; (2) Proposed longer term goals and capital expenditures during the ensuing fiscal year, detailed for each fund by department or by other organization unit when practicable, the proposed method of financing each such capital expenditure, and methods to measure outcomes and performance related to the goals; and (3) The proposed goals, anticipated income and expense, profit and loss for the ensuing year for each utility or other enterprise fund or intemal service fund operated by the Town, and methods to measure outcomes and performance related to the goals. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance exclusive of reserves. 9.05 Council Action on Budget (a) Budget Preparation. The Council shall provide to the Town Manager goals for the next fiscal period, by the end of January of the current fiscal year. (b) Notice and Hearing. The Council shall review the proposed budget and revise it as deemed appropriate prior to general circulation for public hearing. The Council shall publish the general summary of the budget and a notice stating: (1) The times and places where copies of the message and budget are available for inspection by the public, and (2) The time and place, not less than two weeks after such publication, for public hearings on the budget. Ordinance 2009-12 (c) Amendment Before Adoption. After the public hearing, the Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for an estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than total estimated income plus the balance of available funds. (d) Adoption. The Council shall adopt the budget by ordinance not later than the 30th day of September. Adoption of the budget shall constitute appropriations of the amount specified as expenditures from the fund indicated. (e) Failure to Adopt a Budget. If the Council fails to adopt the budget by the beginning of the fiscal year, the amounts appropriated for the current fiscal year shall be deemed adopted for the ensuing fiscal year until the Council adopts a budget for the ensuing fiscal year. (f) "Publish" defined. As used in this article, the term "publish" means to print in the contemporary means of information sharing, which includes but is not limited to, one or more newspapers of general circulation in the Town, and, if available, in a web site. 9.06 Amendments after Adoption (a) Supplemental Appropriations. If during or before the fiscal year the Town Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council by ordinance may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To address a public emergency affecting life, health, property or the public peace, the Council may make emergency appropriations. Such appropriations may be made by emergency ordinance. To the extent that there are no available unappropriated revenues or a sufficient fund balance to meet such appropriations, the Council may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid or refinanced as long term debt not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. (c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the Town Manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the Town Manager shall report to the Council without delay, indicating the estimated amount of the deficit, any remedial action taken by the Town Manager and recommendations as to any other steps to be taken. The Council shall then take Ordinance 2009-12 such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may by ordinance reduce or eliminate one or more appropriations. (d) Transfer of Appropriations. At any time during or before the fiscal year, the Council may by resolution transfer part or all of the unencumbered appropriation balance from one department, fund, service, strategy or organizational unit to the appropriation for other departments or organizational units or a new appropriation. The Town Manager may transfer funds among programs within a department, fund, service, strategy or organizational unit and shall report such transfers to the Council in writing in a timely manner. (e) Limitation. No appropriation for debt service may be reduced or transferred, except to the extent that the debt is refinanced and less debt service is required, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof (f) Effective Date. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. 9.07 Administration and Fiduciary Oversight of the Budget The Council shall provide by ordinance the procedures for administration and fiduciary oversight of the budget. 9.08 Capital Program (a) Submission to Council. The Town Manager shall prepare and submit to the Council a five (5) year capital program no later than three months before the final date for submission of the budget. The capital program shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. (b) Contents. The capital program shall include: (1) A clear general summary of its contents; (2) Identification of the long-term goals of the community as identified by the Council; (3) A list of all capital improvements (facilities and property) and other capital expenditures which are proposed to be undertaken during the five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for each; (4) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (5) Method of financing upon which each capital expenditure is to be reliant; (6) The estimated annual cost of operating and maintaining the facilitiesto be constructed or acquired; (7) A commentary on how the plan addresses the sustainability of the community Ordinance 2009-12 and the region of which it is a part; and (8) Methods to measure outcomes and performance of the capital plan related to the long-term goals of the community. 9.09 Audit and Examination of Town Books and Accounts The Council shall cause an independent annual audit to be made of the books and accounts of every department of the Town and may provide for more frequent audits as it deems necessary. Such audit shall be made by a Certified Public Accountant who shall be selected by the Council and who shall have no interest, direct or indirect, in the financial affairs of the Town government or in any of its officers. The Council may designate such accountant or firm annually or for a period not exceeding two (2) years, provided that the desig nation for any particular year shall be made no later than thirty (30) days after the beginning of such fiscal year. Nothing herein shall prevent the Council from redesignating the same accountant or firm which has previously been designated to prepare an audit. No Certified Public Accountant shall serve more than six (6) consecutive years. 9.10 Defect Shall Not Invalidate Tax Levy Errors or defects in the form or preparation of the budget or the failure to perform any procedural requirements shall not nullify the tax levy or the tax rate. 9.11 Public Records Copies of the approved operation budget, capital facilities and property budget and supporting papers shall be filed with the Town Secretary and shall be public records available to the public for inspection upon request. 9.12 Specified Reserve Fund Specified reserve funds may be created for specific purposes, and may be used only for such purposes. 9.13 Changes in Budget The Council may make changes in the budget for any municipal purpose or as otherwise permitted by law. 9.14 Authority to Incur Indebtedness The Council shall have the power to incur, create, refund and refinance indebtedness and borrow money for public purposes, to issue special or general obligation bonds, revenue bonds, funding and refunding bonds, time warrants, certificates of obligation and other evidences of indebtedness and to secure and pay Ordinance 2009-12 the same in the manner and In accordance with the procedures provided and required by State law. 9.15 Bonds Incontestable All bonds of the Town having been issued and sold and having been delivered to the purchaser thereof, shall thereafter be incontestable and all bonds issued to refund in exchange for outstanding bonds previously issued shall and after said exchange be incontestable. 9.16 Borrowing in Anticipation of Property Tax In any budget year, the Council may, by resolution, authorize the borrowing of money in anticipation of the collection of the property tax for the same year whether levied or to be levied. Notes may be issued for periods not exceeding one (1) year and must be retired by the end of the budget year in which issued. 9.17 Use of Bond Funds Any and all bond funds approved by a vote of the qualified voter of the Town will be expended only for the purposes stated in the bond issue and as otherwise authorized by law. 9.18 Power to Tax The Council shall have the power to levy, assess and collect taxes within the jurisdiction of the Town for any municipal purpose. 9.19 Tax Rate The tax rate shall be calculated, publicized and adopted in accordance with State law. 9.20 Other Rules and Regulations Except as otherwise provided by law or this Charter, the Council shall have the power to provide by ordinance or resolution such rules, regulations and mode of procedure to enforce and facilitate the collection by and payment to the Tax Assessor and Collector of all taxes due the Town as it may deem expedient, and may provide such penalty and interest as prescribed by State law for the failure to pay such taxes. 2.12. PROPOSITION NO. 21 Code of Ethics and Ethics Commission -Amendments to Charter. Amend Article XI of the Charter to add a new Section entitled "Code of Ethics and Conduct; Ethics Commission" to be numbered as Section 11.14 to be and read in its entirety as follows: Ordinance 2009-12 11.14 Code of Ethics and Conduct; Ethics Commission (a) The Town Council shall adopt by ordinance a code of ethics and conduct that is consistent with the provisions of this Charter and applicable to elected officers, appointed board, commission, and committee members, and employees of the Town. (b) The Town Council shall establish by ordinance an independent Ethics Commission to administer and enforce the Code of Ethics and Conduct ordinance. No member of the Commission may hold elective or appointed office under the Town or any other government or hold any political party office. The Town Council shall appropriate sufficient funds to the Ethics Commission to enable it to perform the duties assigned. 2.13. PROPOSITION NO. 22 Charter Review Commission -Amendments to Charter. Amend Article XI of the Town Charter to add a new Section entitled "Charter Review Commission" to be numbered as Section 11.15 to be and read in its entirety as follows: 11.15 Charter Review Commission The Council shall appoint a Charter Review Commission no later than July 2012 and at intervals of not more than four (4) years thereafter. The Commission shall consist of nine (9) qualified voters of the Town. Each council member shall appoint one member to serve on the Charter Review Commission, and remaining members shall be appointed by vote of the Council. The Commission shall review the Town Charter and make Charter amendment recommendations, where appropriate, that will help protect or enhance the rights, powers and benefits of all Trophy Club residents. It shall be the duty of the Charter Review Commission to: (a) Inquire into the operation of the Town govemment under the Charter and determine whether any provisions require revision. To this end, public hearings may be held; (b) Propose any recommendations it deems desirable to ensure compliance with this Charter; (c) Propose amendments to this Charter to improve its effective application to current conditions; and (d) Report its findings and present its proposed amendments to the Town Council. The Council shall receive and have published in the Town's official newspaper the Charter Review Commission's final report. It shall consider any recommendations and, if any amendments are presented, may order the amendment or amendments submitted to the voters of the Town. Ordinance 2009-12 The term of office of Commission shall be six (6) months or longer if extended by the Council and, at the completion of such term, a report of the proceedings of the Commission shaH be filed with the Town Secretary and shall become public record. 2.14. PROPOSITION NO. 23 Term Limits -Amendments to Charter. Amend Article III of the Town Charter to add a new Section entitled "Term Limits" to be numbered as Section 3.22 to be and read in its entirety as set forth below: 3.22 Term Limits No person shall serve as Mayor for successive elected full terms totaling more than six years, and no person shall serve as Councilmember for successive elected full terms totaling more than six years. A term of office shall be defined as an elected period of two (2) years or an elected period of three (3) years. A portion of a term does not count as a term of office for purposes of a limit. Term limits shall apply to the May of 2010 election and all subsequent elections. Election terms previously served or being served at the May of 201 0 election are not counted in the application of term limits. 2.15. PROPOSITION NO. 24 Franchise Term -Amendments to Charter. Article X, Section 10.03 to be and read in its entirety as set forth below: 10.03 Power to Grant Franchise Amend The Council shall have the power by ordinance, after public hearing, to grant, renew, and extend all franchises of every character operating within the Town and to amend the same, provided, however, that no franchise shall be granted for an indeterminate term. No grant or franchise to construct, maintain, or operate and no renewal or extension of such grant shall be exclusive. All required publication costs shall be paid by the franchisee. SECTION 3. ENGROSSMENT, ENROLLMENT, AND CERTIFICATION The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as specified by the Home Rule Charter and Chapter 9 of the Texas Local Government Code. Further, the Mayor shall certify to the Secretary of State an authenticated copy of the Charter Amendments approved at the May, 2009 election under the Town's seal showing the approval by the voters. SECTION 4. Ordinance 2009-12 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 181h day of May, 2009. &Z;;;~ Mayor Town of Trophy Club, Texas Effective Date: 5/27/09 [SEAL] ATTEST: ~() JJ11aJ, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney Town of Trophy Club, Texas Ordinance 2009-12 The State of Texas (On', cn! - . ?;Statutory Documents — (i,G: Phone:512-463-5705 P.O.Box 13550 Fax:512-463-0873 Austin,Texas 78711-3550 Dial 7-1-1 For Relay Services www.sos.state.tx.us Hope Andrade Secretary of State September 18, 2009 Honorable Connie White Mayor Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Re: Charter(Amended) Dear Mayor White, This is to inform you that the above documents were filed in this office on September 17,2009. These documents were recorded in Book 76; pages 1 - 68 in the Book of City Charters and Amendments. Sincerely, ,Y41/k2j1/32(Z--- Li a Stout Director Statutory Documents ST/ls