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ORD 2013-06TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-06 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A GENERAL AND SPECIAL ELECTION FOR THE TOWN OF TROPHY CLUB ("TOWN") TO BE HELD ON MAY 11, 2013 FOR THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER FOR PLACE #5 TO THE TOWN COUNCIL FOR A THREE (3) YEAR TERM; AND ORDERING AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE RESIDENT QUALIFIED VOTERS OF THE TOWN OF TROPHY CLUB 18 PROPOSITIONS RELATING TO THE AMENDMENT OF THE HOME RULE CHARTER FOR THE TOWN AND OTHER MEASURES AS MORE FULLY SET FORTH HEREIN; CALLING A SPECIAL ELECTION FOR "rHE ABOLITION OF THE ONE-FOURTH OF ONE PERCENT LOCAL SALES AND USE TAX RATE LEVIED FOR THE TROPHY CLUB 4A ECONOMIC DEVELOPMENT CORPORATION; PROVIDING FOR THE FORMATION OF THE TROPHY CLUB CRIME CONTROL AND PREVENTION DISTRICT WITH A LOCAL SALES AND USE TAX RATE OF ONE-FOURTH OF ONE PERCENT; PROVIDING FOR THE INCORPORATION OF PREMISES; SPECIFYING THE DATE OF ELECTION; SPECIFYING THE PURPOSE OF THE ELECTION; SPECIFYING ELIGIBILITY FOR CANDIDACY; PROVIDING FOR AN APPLICATION FOR A PLACE ON THE BALLOT; PROVIDING FOR A RUNOFF ELECTION; PROVIDING FOR THE APPOINTMENT OF A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A JOINT ELECTION AGREEMENT WITH DENTON COUNTY; 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, the Town Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place, and purpose of such meeting was given as required by Chapter 551, Texas Government Code, as amended; and WHEREAS, the Town Council desires to and hereby calls a General Election for the purpose of electing one (1) Council member for Place #5 for a three (3) year term; 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 62nd day before Election Day; and WHEREAS, because the Town of Trophy Club is located in both Denton County and Tarrant County, the Town will enter into an Election Services Contract with Denton County for the purpose of having Denton County provide election services for both the Denton County and Tarrant County residents of Trophy Club; and WHEREAS, the Election shall be conducted in accordance with the Code under the jurisdiction of the Denton County Elections Administration (the "Elections Administrator") pursuant to an Election Services Contract (the "Contract") by and among Denton County Elections Administration ("DCEA"), and other participating entities, if any, described in a Contract between the Town and Denton County, a copy of which Contract will be incorporated herein as Exhibit "B" upon its final approval and execution by the Town; and WHEREAS, Section 85.004 of the Texas Election Code provides that an election order and the election notice must state the location of each early voting polling place; and, WHEREAS, the Town Council desires to and hereby orders and calls a Special Election pursuant to Chapter 504 of the Texas Local Government Code and pursuant to the Texas Tax Code to determine whether the abolition of the one-fourth of one­ percent local sales and use tax of Trophy Club 4A Economic Development Corporation will be approved by the voters; WHEREAS, on December 10, 2012, pursuant to Resolution No. 2012-34, the Town Council created a Temporary Board of Directors for the proposed Trophy Club Crime Control and Prevention District (hereinafter "District") and appointed seven (7) members to serve as the Temporary Directors for the District; and WHEREAS, the Temporary Directors of the proposed District have approved a proposed two-year Budget Plan and a proposed two-year Crime Control Plan; and ORO 2013-06 Page 2 of 22 WHEREAS, Section 363.054 of the Texas Local Government Code authorizes the Temporary Directors of a proposed crime control and prevention district to order a creation election for a district after a majority of the Temporary Directors have approved a budget plan and a crime control plan; and WHEREAS, the Temporary Directors of the proposed District adopted an Order of Election on February 20, 2013, and in order to gain efficiencies in the election process, have requested that the Trophy Club Town Council include the creation proposition adopted pursuant to its Election Order in this Ordinance of the Town Council calling the May, 2013 election and to place that creation proposition on the combined ballot for the May, 2013 election. 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 was subsequently amended at an election held in May, 2009; 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 WHEREAS, on April 16,2013, the Town Council adopted Resolution No. 2012­ 09 appointing a Charter Review Commission pursuant to Section 11.15 of the Town Charter (hereinafter "CRC"); and WHEREAS, the CRC reviewed the Charter and made 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 all seventeen (17) of the amendments proposed by the CRC and one (1) additional Council initiated amendment to the qualified voters at the May 11, 2013 election (hereinafter "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, the Town Council finds that each proposition contained in the Proposed Amendments 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 11, 2013 election, those propositions that are approved by a majority of the voters in accordance with state law, the Town's Home Rule Charter, this Ordinance and ORO 2013-06 Page 3 of 22 election order, shall be enacted as part of the Town'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 iffully set forth herein. All resident, qualified voters of the Town shall be eligible to vote at the Election. SECTION 2 DATE OF ELECTION It is hereby ordered that a General and Special Election (collectively the "Election") shall be held in and throughout the Town of Trophy Club on Saturday, May 11, 2013 using a combined ballot. SECTION 3 PURPOSE OF ELECTION 3.1 General. The purpose of the General Election is to elect one (1) Council member for Place #5 for a three (3) year term to the Town of Trophy Club Town Council; 3.2 The purposes for the Joint Special Election is as follows: A. To hold an election on a measure, to wit: the abolition of the one-fourth of one-percent local sales and use tax levied for the Trophy Club 4A Economic Development Corporation. B. To hold an election on a measure, to wit: the creation of the Trophy Club Texas Crime Control and Prevention District pursuant to Chapter 363 of the Texas Local Government Code and providing for a proposed sales and use tax rate of one-fourth of one-percent. c. To hold an election on Measures, to wit: eighteen (18) amendments to the Town's Home Rule Charter, adopted in 2004 as amended in 2009, seventeen (17) of such amendments having been proposed by the 2012 Charter Review Commission for the Town of Trophy Club and having been reviewed and modified by the Town Council and one (1) such amendment having been submitted by the Town Council. Voters shall be permitted to vote "For" or "Against" each of the Proposed Amendments. ORO 2013-06 Page 4 of 22 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: THE TROPHY CLUB 4A ECONOMIC DEVELOPMENT CORPORATION LOCAL SALES AND USE TAX WITHIN THE TOWN IS ABOLISHED. [ ] FOR [ ] AGAINST 4.02. PROPOSITION NO.2: THE CREATION OF THE TROPHY CLUB CRIME CONTROL AND PREVENTION DISTRICT DEDICATED TO CRIME REDUCTION PROGRAMS AND THE ADOPTION OF A PROPOSED LOCAL SALES AND USE TAX AT A RATE OF ONE-FOURTH OF ONE PERCENT. [ ] FOR [ ] AGAINST 4.03. PROPOSITION NO.3: QUALIFICATIONS FOR COUNCIL; AN AMENDMENT TO SECTION 3.02(A)(1) PROVIDING THAT A PERSON MUST BE EIGHTEEN (18) YEARS OF AGE ON THE DATE OF FILING FOR OFFICE IN ORDER TO BECOME A CANDIDATE FOR MAYOR OR TOWN COUNCIL. [ ] FOR [ ] AGAINST If this proposition is approved by the majority of voters voting at the Election, Article III, Sections 3.02(a)(1) shall be amended in accordance with the language as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town's 2009 Amended Home Rule Charter with the Council retaining the authority to renumber and rearrange all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section 11.12 of the Charter: 3.02 Qualifications (a) Each person who becomes a candidate for Mayor or Council member shall meet the following qualifications: ORO 2013-06 Page 5 of 22 (1) be at least twenty one (21) eighteen (18) years of age on the first day of the form to be filed; 4.04. PROPOSrrlON NO.4: QUALIFICATIONS FOR COUNCIL; VACANCIES. FORFEITURE OF OFFICE, FILLING OF VACANCIES; AN AMENDMENT TO SECTION 3.02(B) TO PROVIDE THAT THE COUNCIL SHALL BE THE JUDGE OF THE QUALIFICATIONS OF CANDIDATES FOR OFFICE, TO REPEAL THE PROVISION IN SECTION 3.02(B) THAT PROVIDES FOR AUTOMATIC VACANCY OF OFFICE WHEN A PERSON IS CONVICTED OF A FELONY OR CRIME OF MORAL TURPITUDE AND AN AMENDMENT TO SECTION 3.04(B) TO CLARIFY THAT IF ANY MEMBER OF COUNCIL IS CONVICTED OF A FELONY OR A CRIME OF MORAL TURPITUDE WHILE IN OFFICE, THE OFFICE SHALL AUTOMATICALLY BECOME VACANT WITHOUT ANY FURTHER ACTION BY THE COUNCIL, WITH THE REMAINDER OF SECTIONS 3.02(B) AND 3.04(B) UNALTERED. [ ] FOR [ ] AGAINST If this proposition is approved by the majority of voters voting at the Election, Article III, Section 3.02(b), shall be amended in accordance with the language as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town's 2009 Amended Home Rule Charter with the Council retaining the authority to renumber and rearrange all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section 11.12 of the Charter: 3.02 Qualifications (b) 'Nhen any member of the Council no longer possesses all of the qualifications specified in this section, or is convicted of a felony or any offense involving moral turpitude while in office, the office shall immediately and automatically become vacant. The Council shall be the judge of the qualifications of candidates for office its members in accordance with Section 3.04(b) and for these purposes shall have the power to subpoena witnesses and require the production of records. 3.04 Vacancies, Forfeiture of Office, Filling of Vacancies. (b) 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; provided however, that if any member is convicted of a felony or a crime of moral turpitude while in office, the office shall immediately and ORO 2013-06 Page 6 of 22 automatically become vacant without any requirement for action by the Council. Forfeiture of office pursuant to this section may be appealed to an appropriate court as provided by law. 4.05 PROPOSITION NO.5: MAYOR; AN AMENDMENT TO SECTION 3.06 OF THE TOWN CHARTER WHICH SETS FORTH THE AUTHORITY OF THE MAYOR, INCLUDING THE AUTHORITY TO VOTE ON ALL MATTERS BEFORE THE COUNCIL, BY ADDING A REQUIREMENT FOR THE MAYOR TO PRESENT AN ANNUAL STATE OF THE TOWN MESSAGE AND REPEALING THE CONFLICTING SECTION 3.06A PROVIDING THAT THE MAYOR MAY ONLY VOTE IN THE CASE OF A TIE VOTE OF THE TOWN COUNCIL. [ ] FOR [ ] AGAINST If this proposition is approved by the majority of voters voting at the Election, Article III, Sections 3.06 and 3.06A shall be amended in accordance with the language as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town's 2009 Amended Home Rule Charter with the Council retaining the authority to renumber and rearrange all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section 11.12 of the Charter: 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 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. 3.06A Mayor The Mayor shall preside over the meetings of the Counoil, and perform suoh other duties oonsistent 'Nith the offioe as may be imposed upon him by this Charter and by ordinanoes and resolutions passed in pursuanoe thereof. He may partioipate in the disoussion of all matters ooming before the Counoil and in sase ORO 2013-06 Page 7 of 22 of a tie vote, he shall have a oasting vote. He shall sign, after authorization by the Counoil, all oontracts, conveyances made or entered into by the Town, all bonds, tNarrants and any other obligations issued under the provisions of this Charter, in the manner presoribed in the ordinanoe authorizing the signing of any suoh obligation. He shall present an annual state of the Town message, whioh shall inolude setting out needs and goals for the Town. He shall be recognized as the offioial head of the TovJn by the courts for the purpose of serving civil prooess, by the Governor for the purpose of enforoing military la\.\f and for all oeremonial purposes. 4.06. PROPOSrnON NO.6: EMERGENCY ORDINANCES; AN AMENDMENT TO SECTION 3.17 "EMERGENCY ORDINANCES" OF THE TOWN CHARTER PROVIDING THAT EMERGENCY ORDINANCES SHALL BE ADOPTED AS AUTHORIZED BY APPLICABLE STATE OR FEDERAL LAW AND BY REPEALING THE REQUIREMENT FOR APPROVAL OF EMERGENCY ORDINANCES BY THE AFFIRMATIVE VOTE OF FOUR (4) MEMBERS OF THE COUNCIL. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, Article III, Section 3.17 "Emergency Ordinances" of the Town Charter shall be amended in accordance with the language as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town's 2009 Amended Home Rule Charter with the Council retaining the authority to renumber and rearrange all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section 11.12 of the Cha rter: 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, and shall be adopted as authorized by applicable state or federal law. AA emergency ordinanoe shall be introduoed in the form and manner generally presoribed for ordinanoes, exoept that it shall be plainly designated in the title as an emergency ordinanoe and shall oontain, after the enaoting olause, a deolaration stating that an emergency exists and desoribing it in olear and speoifio terms. An emergenoy ordinanoe oan be adopted with or '.vithout amendment or rejeoted at the meeting at whioh it was introduoed. The affirmative vote of four (4) members of the Counoil shall be required for adoption. After adoption the ordinance shall be published as required by law, but may become effective immediately upon enactment. ORO 2013-06 Page 8 of22 4.07. PROPOSITION NO.7: INVESTIGATIVE POWERS OF THE COUNCIL; AN AMENDMENT TO SECTION 3.19 "INVESTIGATIVE POWERS OF THE COUNCIL" OF THE TOWN CHARTER PROVIDING THAT THE TOWN COUNCIL BY AN AFFIRMATIVE VOTE OF A QUORUM SHALL HAVE THE AUTHORITY TO INQUIRE OR INVESTIGATE INTO THE OFFICIAL CONDUCT OF AN OFFICE, DEPARTMENT OR AGENCY OF THE TOWN AND REPEALING THE LANGUAGE WHICH PROVIDES AUTHORITY TO INQUIRE OR TO INVESTIGATE AN OFFICER OR EMPLOYEE OF THE TOWN. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, Article III, Section 3.19 "Investigative Powers of the Council" of the Town Charter shall be amended in accordance with the language as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town's 2009 Amended Home Rule Charter with the Council retaining the authority to renumber and rearrange all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section 11.12 of the Charter: 3.19 Investigative Powers of the Council The Council, by the affirmative vote of a quorum, shall have the power to authorize an inquiry or investigation into the official conduct of any office, department, or agency, officer or employee, of the Town. 4.08. PROPOSITION NO.8: INDEMNIFICATION OF OFFICERS; AN AMENDMENT TO SECTION 3.21 "INDEMNIFICATION OF OFFICERS" OF THE TOWN CHARTER PROVIDING THAT THE INDEMNIFICATION AND DEFENSE PROVIDED BY THE TOWN TO OFFICERS AND EMPLOYEES, MEMBERS OF THE TOWN COUNCIL OR OF ANY BOARD, COMMISSION, OR COMMITTEE AND VOLUNTEERS SHALL BE LIMITED TO INDEMNIFICATION FOR ACTS AND OMISSIONS FOR WHICH THE TOWN'S INSURANCE POLICY PROVIDES COVERAGE AND UNDER NO CIRCUMSTANCES SHALL INDEMNIFICATION AND DEFENSE BE PROVIDED FOR VIOLATIONS OF PENAL STATUTES, PRIVATE BUSINESS OF THE INDIVIDUAL, OR ANY CRIMINAL MISCONDUCT. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, Article III, Section 3.21 "Indemnification of Officers" of the Town Charter shall be amended in accordance with the language as set forth below ORO 2013-06 Page 9 of 22 (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town's 2009 Amended Home Rule Charter with the Council retaining the authority to renumber and rearrange all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section 11.12 of the Charter: 3.21 Indemnification of Officers The Council may, by appropriate ordinance, provide for the indemnification and defense of the officers and employees of the Town, including members of the Council, or any board, commission, or committee, including volunteers, against any loss, cost, or expense arising out of or related to the discharge of official duties, inoluding oourt oosts and attorneys' fees, to the extent such indemnification is allowed by law and to the extent such actions or inactions are covered under the terms of the Town's general liability insurance coverage.• arising out of any olaim, suit, or judgment, or settlement thereof, resulting from any alleged negligent aot or omission of suoh offioer, employee, member, or volunteer during the disoharge of his duties and 'Nithin the soope of his offioe, employment, membership, or assigned voluntaryposition with the TO'Nn, or in any other sase 'Nhere the Twon is direoted or authorized by law to do so, provided however, that Under no circumstances shall suOO indemnification will not be provided for any act arising out of the intentional or knowing violation of any penal statute or ordinanoe arising out of any oonduot determined by final judgment to be an aot of fraud or to have been taken with the intent to deoeive or defraud, or for any personal or private business of such officer, employee, member or volunteer, or for the gross negligenoe or offioial misoonduot, or willful or wrongful aot or omission of suoh offioer, employee, member or volunteer or for any criminal misconduct. 4.09. PROPOSITION NO.9: POWER AND DUTIES-TOWN MANAGER; AN AMENDMENT TO SECTION 4.05(F) "POWERS AND DUTIES" OF THE TOWN MANAGER PROVIDING THAT A COMPLETE REPORT ON THE FINANCES AND ADMINISTRATIVE SERVICES OF THE TOWN SHALL BE SUBMITTED ANNUALLY TO THE COUNCIL AND MADE AVAILABLE TO THE PUBLIC, PROVIDING FOR THE REPEAL OF THE REQUIREMENT THAT THE REPORT BE SUBMITTED BY THE END OF DECEMBER AND PROVIDING FOR THE REPEAL OF THE SPECIFIC CONTENT REQUIREMENTS FOR THE REPORT, WITH THE REMAINDER OF SECTION 4.05 UNALTERED. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, Article III, Section 4.05(f) "Powers and Duties" of the Town Manager of the Town Charter shall be amended in accordance with the language ORO 2013-06 Page 10 of 22 as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town's 2009 Amended Home Rule Charter with the Council retaining the authority to renumber and rearrange all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section 11.12 of the Charter: 4.05 Powers and Duties (f) On an annual basis, Ssubmit to the Town Council and make available to the public, by end of DeGember, a complete report on the finances and administrative activities of the Town's prior fiscal year as of the end of eaGh fisGal year, inGluding outGomes and performanGe related to the fisGal year's goals and provide Cost of ServiGe delivery Gomparisons for a representative sample of North Texas towns; 4.10. PROPOSITION NO.1 0: POWERS AND DUTIES-TOWN MANAGER AND TOWN SECRETARY; AN AMENDMENT TO SECTION 4.05(0) "POWERS AND DUTIES" OF THE TOWN MANAGER TO REPEAL THE REQUIREMENT THAT THE TOWN MANAGER SERVE AS CUSTODIAN OF ALL MUNICIPAL RECORDS OF THE TOWN COUNCIL AND PROVIDING FOR AN AMENDMENT TO SECTION 4.08 "DUTIES OF THE TOWN SECRETARY", BY ADDING A NEW SUBSECTION REQUIRING THAT THE TOWN SECRETARY SERVE AS THE CUSTODIAN OF ALL MUNICIPAL RECORDS OF THE TOWN, WITH THE REMAINDER OF SECTIONS 4.05 AND 4.08 UNALTERED. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, Article IV, Section 4.05(0) "Powers and Duties" of the Town Manager and Section 4.08 "Duties of the Town Secretary" of the Town Charter shall be amended in accordance with the language as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town's 2009 Amended Home Rule Charter with the Council retaining the authority to renumber and rearrange all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section 11.12 of the Charter: 4.05 Powers and Duties (0) Be the Gustodian of all muniGipal reGards of the CounGil and rRecommend to the Council rules and regulations to be adopted by ordinances to protect the safety and security of the municipal records. 4.08 Duties of the Town Secretary ORO 2013-06 Page 11 of 22 (e) Be the custodian of all municipal records of the Town; and 4.11. PROPOSITION NO. 11: MUNICIPAL COURT; AN AMENDMENT TO SECTION 4.10 "MUNICIPAL COURT" TO CLARIFY THAT THE TOWN IS REQUIRED TO DESIGNATE A MUNICIPAL COURT TO SERVE THE TOWN. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, Article IV, Section 4.10 "Municipal Court" of the Town Charter shall be amended in accordance with the language as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town's 2009 Amended Home Rule Charter with the Council retaining the authority to renumber and rearrange all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section 11.12 of the Charter: 4.09 Municipal Court There shall be established and maintained a court designated to serve the Town as the Municipal Court for the trial of misdemeanor offenses, with all such powers and duties as are now, or may hereafter be, prescribed by laws of the State of Texas relative to Municipal Courts. 4.12. PROPOSITION NO. 12: CLERK OF THE COURT; AN AMENDMENT TO SECTION 4.12 "CLERK OF THE COURT' TO CLARIFY THAT THE COURT CLERK AND OTHER COURT PERSONNEL SHALL BE APPOINTED AND SUPERVISED AS REQUIRED BY STATE LAW AND TOWN ORDINANCE. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, Article IV, Section 4.12 "Clerk of the Court" of the Town Charter shall be amended in accordance with the language as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town's 2009 Amended Home Rule Charter with the Council retaining the authority to renumber and rearrange all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section 11.12 of the Charter: 4.12 Clerk of the Court ORO 2013-06 Page 12 of 22 The Council shall by ordinance provide for the appointment and oversight of a Clerk, Deputy Clerk and such other personnel that the Council determines appropriate to serve the Municipal Court of the Town of Trophy Club Municipal Court of Record and shall also pro\iide for the appointment of such Deputy Clerks as the Council determines appropriate. The duties and authority of all Court personnel shall be in accordance with state law and Town ordinance. The Clerk shall keep the records of the Municipal Courts of record, issue process, and generally perform the duties as provided by law and established by Council. The Council may require the Clerk, before entering upon the duties of the office, to e*ecute a good and sufficient surety company bond, in such amount as the Council may demand, payable to the Town and conditioned for the faithful performanoe of the duties of the office, the premium of suoh bond to be paid by the Tovm. The Council shall fix the compensation for the Clerk. The authority to set oompensation may be delegated at the discretion of Council. 4.13. PROPOSITION NO. 13: Canvassing and Election Returns; An amendment to Section 5.06 "Canvassing and Election Returns" to add a phrase stating that any provision of the Texas Election Code that alters the requirements for the canvassing of an election, including quorum requirements, will control over conflicting Charter requirements. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, Article V, Section 5.06 "Canvassing and Election Returns" of the Town Charter shall be amended in accordance with the language as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town's 2009 Amended Home Rule Charter with the Council retaining the authority to renumber and rearrange all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section 11.12 of the Charter: 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, including without limitation, any provision that alters the requirements of this Charter. 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. ORO 2013-06 Page 13 of 22 4.14. PROPOSITION NO. 14: SCOPE OF RECALL; AN AMENDMENT TO SECTION 6.01 "SCOPE OF RECALL" TO REPEAL THAT PROVISION IN ITS ENTIRETY, AND AN AMENDMENT TO THE FIRST PARAGRAPH OF SECTION 6.01A IN ORDER TO REPEAL THE LANGUAGE THAT ALLOWS THE FILLING OF A VACANCY ON THE COUNCIL BY APPOINTMENT AND TO PROVIDE THAT AN ELECTED OFFICIAL MAY BE REMOVED FROM OFFICE FOR THE VIOLATION OF ANY EXPRESS PROHIBITION OF THE CHARTER, WITH THE REMAINDER OF SECTION 6.01A UNALTERED. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, Article VI, Section 6.01 "Scope of Recall" of the Town Charter shall be repealed and Section 6.01A"Scope of Recall" of the Town Charter shall be amended in accordance with the language as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town's 2009 Amended Home Rule Charter with the Council retaining the authority to renumber and rearrange all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section 11.12 of the Charter: 6.01 Scope of Recall Any elected Town official shall be subject to recall and removal from office by the qualified \;(oters of the TO'Nn on grounds of incompetency, misconduct, malfeasance in office or who knolNingly or intentionally violates any provision of the Charter. 6.01A Scope of Recall Any elected Town official, y.'hether elected to office by the qualified voters of the wNn or appointed by the Council to fill a \<aoancy, 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 express prohibition of the Charter. 4.15. PROPOSITION NO. 15: CAPITAL PROGRAM: SUBMISSION TO COUNCIL; AN AMENDMENT TO SECTION 9.08(A) "SUBMISSION TO COUNCIL" TO ESTABLISH A DATE BEFORE THE FIRST DAY OF AUGUST OF EACH YEAR AS THE DEADLINE FOR THE SUBMISSION OF A FIVE (5) YEAR CAPITAL PROGRAM TO THE COUNCIL AND TO REPEAL THE CURRENT REQUIREMENT THAT THE CAPITAL PROGRAM BE SUBMITTED THREE (3) MONTHS PRIOR TO THE ORD2013-06 Page 14 of 22 FINAL DATE FOR SUBMISSION OF THE BUDGET, WITH THE REMAINDER OF SECTION 9.08 UNALTERED. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, Article IX, Section 9.08(a) "Submission to Council" of Section 9.08 "Capital Program" of the Town Charter shall be amended in accordance with the language as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town's 2009 Amended Home Rule Charter with the Council retaining the authority to renumber and rearrange all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section 11.12 of the Charter: 9.08 Capital Program (a) Submission to Council. The Town Manager shall prepare and submit to the Council a five (5) year capital program before the first day of no later than August of each year 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. 4.16. PROPOSITION NO. 16: REARRANGEMENT AND RENUMBER; AN AMENDMENT TO SECTION 11.12 "REARRANGEMENT AND RENUMBER" TO REVISE THE TITLE OF SECTION 11.12 TO "RENUMBER, RENAME, REARRANGE, CLERICAL, TYPOGRAPHICAL, AND GRAMMATICAL ERROR CORRECTION" AND TO ADOPT LANGUAGE TO ALLOW THE COUNCIL TO RENAME ARTICLES, SECTIONS AND PARAGRAPHS OF THE CHARTER AND TO CORRECT CLERICAL, TYPOGRAPHICAL OR GRAMMATICAL ERRORS WITHIN THE CHARTER THAT DO NOT CHANGE THE MEANING OR EFFECT OF THE CHARTER PROVISION. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, Article XI, Section 11.12 "Rearrangement and Renumbering" shall be renamed to "Renumber, Rename, Rearrange, Clerical, Typographical, and Grammatical Error Correction" of the Town Charter shall be amended in accordance with the language as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not speCifically amended shall remain in effect as set forth in the Town's 2009 Amended Home Rule Charter with the Council retaining the authority ORO 2013-06 Page 15 of 22 to renumber and rearrange all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section 11.12 of the Charter: 11.12 Rearrangement and Renumbering The Council shall have the power, by ordinance, to renumber, rename and rearrange all articles, sections and paragraphs of this Charter, or any amendments thereto, and to correct clerical, typographical or grammatical errors within the Charter, as it shall deem appropriate, provided that such action does not without change~the meaning or effect of any part hereof, and, upon the passage of any such ordinance, a copy thereof, certified by the Town Secretary, shall be forwarded to the Secretary of State of the State of Texas for filing. 4.17. PROPOSITION NO. 17: CHARTER REVIEW COMMISSION; AN AMENDMENT TO THE FIRST PARAGRAPH OF SECTION 11.15 IN ORDER TO REPEAL THE LANGUAGE ESTABLISHING A DEADLINE OF JULY, 2012 AS THE DATE FOR THE FORMATION OF THE FIRST CHARTER REVIEW COMMISSION AND ADOPTING LANGUAGE TO CHANGE THE MANDATORY INTERVAL FOR THE FORMATION OF A CHARTER REVIEW COMMISSION FROM EVERY FOUR (4) YEARS TO EVERY (7) YEARS, WITH THE REMAINDER OF SECTION 11.15 UNALTERED. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, the first paragraph of Article XI, Section 11.15 "Charter Review Commission" of the Town Charter shall be amended in accordance with the language as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town's 2009 Amended Home Rule Charter with the Council retaining the authority to renumber and rearrange all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section 11.12 of the Charter: 11.15. Charter Review Commission. The Council shall appoint a Charter Review Commission no later than July 2012 aM at intervals of not more than four (4) seven (7) 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 member 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, ORO 2013-06 Page 16 of 22 powers and benefits of all Trophy Club residents. It shall be the duty of the Charter Review Commission to: 4.18. PROPOSITION NO. 18: NUMBER. SELECTION, TERM; ELECTIONS: AN AMENDMENT TO SECTION 3.01 "NUMBER, SELECTION, TERM" TO PROVIDE THAT THE TOWN COUNCIL SHALL CONSIST OF SEVEN (7) MEMBERS, A MAYOR AND SIX (6) COUNCILMEMBERS, ELECTED FROM THE TOWN AT-LARGE-BY-PLACE FOR A TERM OF THREE (3) YEARS EACH, AND AN AMENDMENT TO THE SECOND PARAGRAPH OF SECTION 5.01 "ELECTIONS", AMENDING THE INTRODUCTORY SENTENCE TO PROVIDE THAT SIX (6) COUNCILMEMBERS SHALL BE ELECTED AND SERVE, AND ALSO REPEALING THE CURRENT SUBSECTION (D) AND ADOPTING A NEW SUBSECTION (D) PROVIDING THAT A COUNCILMEMBER ELECTED TO PLACE 6 SHALL BE ELECTED FOR A THREE (3) YEAR TERM WITH THE INITIAL TERM OF OFFICE COMMENCING AT THE NOVEMBER. 2013 ELECTION AND EXPIRING AT THE MAY, 2016 ELECTION. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, Article III, Section 3.01 "Number, Selection, Term" and Article V, Section 5.01 "Elections" of the Town Charter shall be amended in accordance with the language as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town's 2009 Amended Home Rule Charter with the Council retaining the authority to renumber and rearrange all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section 11.12 of the Charter: 3.01 Number, Selection, Term The Council shall consist of six (6) seven (7) members, a Mayor and five (5) six (6) COlJncilmembers, 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 Council member shall be elected to and occupy a place on the Council, such Places being numbered (e.g., Place 1, Place 2, Place 3, etc.). 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 ORO 2013-06 Page 17 of 22 special election, fix the time and place for holding same and provide all means for holding such special election. The Mayor and five (5) six (6) Council members shall be elected and serve in the following manner: (d) A Councilmember elected to Place 6 shall receive terms congruent with Place a.:. (d) A Councilmember shall be elected to Place 6 at the November 2013 election for an initial term of office expiring at the May, 2016 election; thereafter Place 6 shall have three year terms. 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, has not been 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 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 set forth in the Town Charter and 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: (1) be at least twenty-one (21) years of age on the first day of the form to be filed; (2) be a citizen of the United States; (3) be a qualified voter of the Town; (4) reside and have resided for at least twelve (12) months preceding the election within the corporate limits of the Town; (5) no candidate may file for more than one office or position number per election; (6) no employee of the Town shall continue in such position after becoming a candidate for a Town elective office; and, (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. 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 ORD 2013-06 Page 18 of 22 the office hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than January 30, 3013 and not later than 5:00 p.m. on March 1, 2013. 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 no candidate receives a majority of all votes cast for all of the candidates for his or her office at such election as required to be lawfully elected, there shall be a runoff election held. The runoff election shall be conducted as required by the Town Charter and the Texas Election Code. Notwithstanding the foregoing, due to legal action pending in Court, the runoff election date has tentatively been set for June 15, 2013. SECTION 9 VOTING PRECINCTS The voting precincts for the Election are designated by their respective county precinct numbers. The proposed times and locations of early voting for Denton County are set forth in Exhibit "A", a copy of which is attached hereto and incorporated herein. Exhibit "A" shall be amended to include the final schedule of times and locations of early voting for both Town of Trophy Club Denton and Tarrant County residents upon announcement by the Denton County Elections Administrator. Notwithstanding the foregoing, the early voting times and locations set forth in Exhibit "A" may be changed without further action of the Town Council if so directed by the Elections Administrator for Denton County. In addition to the early voting polling locations within the Town, all Denton County Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Tarrant County Trophy Club voters may only vote at the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas. The Elections Administrator is hereby authorized and directed to make such changes in polling locations as may be necessary for the proper conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on Election Day. SECTION 10 ELECTIONS ADMINISTRATION The Denton County Elections Administrator, Frank Phillips, is hereby appointed as Denton County Early Voting Clerk for the Election. Deputy early voting judges/clerks ORO 2013-06 Page 19 of22 will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, 701 Kimberly Drive, Suite A101 , Denton, Texas 76208. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit "A" hereto. The main early voting polling place is hereby designated to be 701 Kimberly Drive, Suite A101, Denton, Texas 76208. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit "A" hereto; such locations may be changed or additional early voting locations may be added by the Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. SECTION 11 COMPENSATION Compensation for election judges and alternate judges for their service in the Election shall be determined by the Elections Administrator. E-slate, a Direct Record Electronic (DRE) System shall be used for early voting by personal appearance, and in the May 11, 2013 election at Denton County Polling Sites. Paper ballots, which are optically scanned, shall be used for early voting by mail. In the May 11, 2013 election, the Elections Administrator shall cause ballots to be prepared in the form of the ballot first above prescribed, being in both English and Spanish, and shall furnish election officials such ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, the Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. SECTION 12 EARLY VOTING In addition to the early voting polling location located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County per the Joint Election Agreement and Contract for Election Services with Denton County. Trophy Club Tarrant County voters may only vote at the early voting polling location designated and maintained by the Denton County Elections Administrator. SECTION 13 ELECTION MATERIALS The election materials enumerated in the Code shall be printed in both English and Spanish for use at the pOlling places and for early voting for the Election and provisions shall be made for oral assistance to Spanish-speaking voters. ORO 2013-06 Page 20 of 22 SECTION 14 ELECTION RETURNS The election officers shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. SECTION 15 NOTICE OF ELECTION PUBLICATION Notice of the Election shall be given by posting a notice containing a substantial copy of this Ordinance in both English and Spanish at the Town Hall on the bulletin board used for posting notices of the meetings of the Town Council and by publication of said notice one time in a newspaper of general circulation published within the Town, the date of the publication to be not less than fourteen (14) days nor more than thirty (30) days prior to the date set for the Election. SECTION 16 CANVASS OF ELECTION Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass the election not earlier than May 14, 2013 and not later than May 22, 2013. Notice of the time and place for canvass shall be posted on the official bulletin board in the same manner as required by the Open Meeting Act for other Town Council meetings in accordance with the Chapter 551 of the Local Government Code. SECTION 17 VOTING RIGHTS ACT The Mayor and the Town Secretary of the Town, 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 Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 18 SEVERABILITY 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 ORO 2013-06 Page 21 of 22 would have been enacted by the Town Council without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 19 ELECTION CONTRACTS The Town Manager or the Town Manager's designee is authorized to amend or supplement the Contract to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Elections Administrator. Attached and incorporated herein as Exhibit "8" is a copy of a jOint election agreement between the Town and the Denton County Elections Department. SECTION 20 ENGROSSMENT 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 21 EFFECTIVE DA"rE This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 25th day of February, 2013. Connie White, Mayor Town of Trophy Club, Texas ~~~L..t.I,.'-L---_11xu~AJtvaJ APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2013-06 Page 22 of22