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ORD 2013-12TOWN OF TROPHY CLUB, TEXAS AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, CANVASSING THE RETURNS, INCLUDING THE RETURNS OF EARLY VOTING BALLOTS CAST IN CONNECTION THEREWITH, AND DECLARING THE RESULTS OF THE JOINT GENERAL AND JOINT SPECIAL ELECTION HELD ON MAY 11, 2013, AS SUCH RETURNS RELATE TO AN ELECTION ON A MEASURE TO ABOLISH THE TROPHY CLUB 4A ECONOMIC DEVELOPMENT CORPORATION ONE-FOURTH OF ONE PERCENT LOCAL SALES AND USE TAX, AN ELECTION ON A MEASURE TO CREATE THE TROPHY CLUB CRIME CONTROL AND PREVENTION DISTRICT AND TO ADOPT A LOCAL SALES AND USE TAX AT A RATE OF ONE-FOURTH OF ONE PERCENT, SUCH ELECTION RESULTS HAVING BEEN CANVASSED BY THE TEMPORARY BOARD OF DIRECTORS FO THE TROPHY CLUB CRIME CONTROL AND PREVENTION DISTRICT, AS SUCH RETURNS RELATE TO THE ELECTION OF A (1) COUNCIL MEMBER FOR A (3) THREE YEAR TERM TO PLACE NO. 5 ON TROPHY CLUB TOWN COUNCIL, AND TO THE 19 PROPOSITIONS CONTAINING VARIOUS POTENTIAL AMENDMENTS TO THE TOWN'S HOME RULE CHARTER; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE CONFIRMATION OF VOTE TABULATIONS; IDENTIFYING THE OFFICIALS ELECTED AND TERMS OF OFFICE; AUTHORIZING THE ISSUANCE OF CERTIFICATES OF ELECTION; PROVIDING FOR THE ENACTMENT OF PROPOSITIONS; AUTHORIZING THE ISSUANCE OF THE CANVASS OF THE JOINT GENERAL AND JOINT SPECIAL ELECTION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about March 11, 2013 the Town Council of the Town of Trophy Club, Texas (the "Town") passed and approved Ordinance Nos. 2013-06 and 2013-07 ordering a Joint General and Joint Special Election, for a Special Election on a measure to abolish the Trophy Club 4A Economic Development Corporation and the associated one-fourth of one percent local sales and use tax, place a Special Election on a measure to create the Trophy Club Crime Control and Prevention District and adopting a local sales and use tax of one- fourth of one -percent on the Town's ballot as part of a Joint Special Election; for a General Election to elect a Council Member for a three (3) year term to Place No. 5 on the Town Council; and for a Special Election regarding nineteen (19) Propositions containing various potential amendments to the Town's Home Rule Charter; and WHEREAS, Ordinance Nos. 2013-06 and 2013-07 also ordered the appointment of a Presiding Election Judge and an Alternate Presiding Election Judge for the purpose of conducting such election; and WHEREAS, the appropriate authority of the Town heretofore caused to be posted and published, in accordance with the election laws of the State of Texas, notice of the Joint General and Joint Special Election; and WHEREAS, it appears that a total of 1,012 votes were cast in such elections; and WHEREAS, the Joint General and Joint Special Election was duly and legally held on May 11, 2013 in the Town and in conformity with the election laws of the State of Texas, and the results of the Joint General and Joint Special Election, including the early voting results, have been certified and returned to the proper judges and clerks thereof; and WHEREAS, the official returns of the presiding judges of the Joint General and Joint Special Election, including the returns of early voting ballots in connection therewith, and as such returns are related to the measure to abolish the Trophy Club 4A Economic Development Corporation local sales and use tax, the measure to create the Trophy Club Crime Control and Prevention District and adopting a local sales and use tax (as previously canvassed by the Trophy Club Crime Control and Prevention District), the election of a Council Member for a three (3) year term for Place No. 5 on the Trophy Club Town Council, a Special Election as related to nineteen (19) Propositions containing various potential amendments to the Town's Home Rule Charter, have been presented to the Town Council acting in its capacity as the Canvassing Board for the Joint General and Joint Special Election; and WHEREAS, the Town Council has considered the returns of the Joint General and Special Election as related to the proposition for abolition of the Trophy Club 4A Economic Development Corporation local sales and use tax, the proposition for the creation of the Trophy Club Crime Control and Prevention District and the adoption of the related local sales and use tax, the election of a Council Member for a three (3) year term for Place No. 5 on the Trophy Club Town Council, a Special Election as related to nineteen (19) Propositions containing various potential amendments to the Town's Home Rule Charter, including the returns of early voting ballots cast in connection therewith; and WHEREAS, the returns of the General and Special Election, including the returns of the early voting ballots, duly and legally made, showed that each candidate for the office of Town Council member for Place No. 5 received the following votes: TOWN COUNCIL MEMBER FOR PLACE NO. 5 ON THE TROPHY CLUB COUNCIL FOR THREE (3) YEAR TERM WHEREAS, the returns of the Special Election, including the returns of the early voting ballots, duly and legally made, showed that each Proposition received the following votes: Proposition TrophyThe • 4A Economic Development C• •s • •sales •use tax within theTown isabolished 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 376 249 TOTAL NUMBER Against NAME OF TOTAL NUMBER OF VOTES TOTAL NUMBER CANDIDATE OF EARLY VOTING RECEIVED AT OF VOTES VOTES RECEIVED POLL ON RECEIVED ELECTION DAY (Totals reflects 3 Absentee Votes) Glenn Strother 276 165 441 Greg Lamont 340 231 571 WHEREAS, the returns of the Special Election, including the returns of the early voting ballots, duly and legally made, showed that each Proposition received the following votes: Proposition TrophyThe • 4A Economic Development C• •s • •sales •use tax within theTown isabolished 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 376 249 628 Against 214 133 347 .•. Qualifications for Council. For 446 320 769 Against 143 59 202 Proposition No. 4 Qualifications for Council; vacancies, Forfeiture of office, filling of vacancies. For 423 231 655 Against 155 131 288 I Proposition No, 5 Mayor. For 384 234 619 Against 195 133 330 il=, ., I �,-] Emergency Ordinances. For 437 282 722 Against 132 75 207 Investigative Powers of the Council. For 439 293 'i r- 735 Against 123 69 192 I im -.. . �,-, Indemnification of Officers. Proposition No. 9 Power and Duties — Town Manager. For 416 284 703 Against 151 72 223 Proposition No. 10 Powers and Duties — Town Manager and Town Secretary. For 459 299 761 Against 99 52 151 Municipal Court. For 423 244 667 Against 145 115 263 ;UT. -T -T-71 Clerk of the Court. For 493 318 814 Against 70 36 fO �61 Proposition No. 13 Canvassing and Election Returns. For 461 306 770 Against 87 39 126 [�= Scope of Recall. For 413 236 650 Against 135 109 246 For 442 284 729 Against 109 61 170 -Mrs IT* M - For 457 308 768 Against 94 42 136 12 =�- I �� Charter Review Commission. W TO R. I I a M Proposition No. 18 Number, Selection, Term; Elections. For 372 210 582 Against 201 140 244 = = -1 �,'- � Ways and Means Committee. For 283 203 489 Against 330 185 515 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of Premises. The above and foregoing premises are true and correct and are incorporated into the body of this Ordinance and made a part hereof for all purposes. Section 2. Confirmation of Vote Tabulations. The results of the General and Special Election, as related to the abolition of the Trophy Club 4A Economic Development Corporation local sales and use tax; as related to the creation of the Trophy Club Crime Control and Prevention District and associated one-fourth of one -percent local sales and use tax; as related to the election of a Council Member for a three (3) year term to Place No. 5 on the Trophy Club Town Council; and as related to nineteen (19) Propositions containing various potential amendments to the Town's Home Rule Charter, and as canvassed and tabulated above, reflect the expressed desires of the resident, qualified voters of the Town. Section 3. Elected Officials: Terms of Office. In accordance with the canvass and tabulation of the results of the General Election, the duly elected Council Member for Place No. 5 elected on May 11, 2013, and the corresponding term of office, subject to the taking of the oath of office as required by State Law, is as follows: OFFICE TERM NAME Council Member Place 5 -Three (3) Years Greg Lamont Section 4. Issuance of Certificates of Election. The Mayor is hereby authorized and directed to execute and deliver a Certificate of Election to the successful candidate elected at the General and Special Election, as specified in Section 3 hereof. Section 5. Enactment of Propositions. In accordance with the canvass and tabulation of the following results of the Joint Special Election and consistent with the Town's Home Rule Charter and Orders of Election contained in Ordinance Nos. 2013-06 and 2013-07, Proposition No. 1 to abolish the Trophy Club 4A Economic Development Corporation local sales and use tax; Proposition No. 2 to create the Trophy Club Crime Control and Prevenion District and to adopt a one-fourth of one -percent local sales and use tax; and Propositions No. 1 through No. 18 amending the Town's Home Rule Charter shall be duly enacted pursuant to the canvass, tabulation, Town's Home Rule Charter and Election Orders for each of the Propositions as set forth on the ballot, and the Town Council shall contemporaneously with the passage of this Ordinance adopt an Ordinance putting the Home Rule Charter Amendments into effect as specified in the Order of Election and the Town's Home Rule Charter. Section 6. Issuance of Canvass of Joint General and Joint Special Election. The Mayor is hereby authorized and directed to execute and deliver the Canvass of the General and Special Election, a copy of which is attached hereto as Exhibit "A", in accordance with the election laws of the State of Texas, and to take all other action necessary in connection therewith. Section 7. Engrossment and Enrollment. The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town as required in the Town Charter. Section 8. Effective Date. This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 21st day of May, 2013. Effective Date: ATTEST: Amy Piuka ,/,M, ;rRMC Town Secretary Town of Trophy Club, Texas ia A. Adams, • Attorney • • •f • Texas 4 1 Mdyor, C'on-nieWhite Town of Trophy Club, Texas [SEAL] TOWN OF TROPHY CLUB, TEXAS CANVASS OF GENERAL JOINT ELECTION I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding Officer of the Canvassing Authority of the Town, met on 21st day of May, 2013 with the Town Council of the Town, sitting as the Canvassing Board to canvass the returns of the General and Special Election held on May 11, 2013, at the Trophy Club Town Hall Building, 100 Municipal Drive, Trophy Club, Texas, as such returns related to the election of a Council Member to the Town Council and such returns related to the amendments of the Home Rule Charter for the Town. I DO HEREBY CERTIFY that the figures on the tally sheets correspond with the figures on the returns. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Trophy Club, Texas to be affixed hereto, this 21st day of May, 2013. (Seal) yor and Presiding Officer of the Canvassing Authority Trophy Club, Texas