Ballot Language on Propositions

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1 Town of Trophy Club May 11, 2013 Special Election Note: The language included is language that will appear in the ordinance calling the election. The ballot will have only the proposition and FOR and AGAINST. The strikethrough text represents deletions and the bold text are additions showing changes, which will not appear on the ballot. Sales Tax Allocation Propositions (2) PROPOSITION NO. 1: Ballot Language on Propositions THE TROPHY CLUB 4A ECONOMIC DEVELOPMENT CORPORATION LOCAL SALES AND USE TAX WITHIN THE TOWN IS ABOLISHED. 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. Charter Amendment Propositions (17) 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. 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 100 Municipal Drive Trophy Club, TX Phone

2 all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section of the Charter: 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) eighteen (18) years of age on the first day of the form to be filed; PROPOSITION 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. 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 of the Charter: 3.02 Qualifications (b) When 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. Page 2 of 15

3 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 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. 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. 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 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 Page 3 of 15

4 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 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. PROPOSITION 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. 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 of the Charter: 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 Page 4 of 15

5 shall be adopted as authorized by applicable state or federal law. 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. 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. 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 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. 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 Page 5 of 15

6 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. 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 (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 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, including court costs 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 claim, suit, or judgment, or settlement thereof, resulting from any alleged negligent act or omission of such officer, employee, member, or volunteer during the discharge of his duties and within the scope of his office, employment, membership, or assigned voluntaryposition with the Town, or in any other case where the Twon is directed or authorized by law to do so, provided however, that Under no circumstances shall such indemnification will not be provided for any act arising out of the intentional or knowing violation of any penal statute or ordinance arising out of any conduct determined by final judgment to be an act of fraud or to have been taken with the intent to deceive or defraud, or for any personal or private business of such officer, employee, member or volunteer, or for the gross negligence or official misconduct, or willful or wrongful act or omission of such officer, employee, member or volunteer or for any criminal misconduct. 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 Page 6 of 15

7 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. 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 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 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 December, a complete report on the finances and administrative activities of the Town s prior fiscal year as of the end of each fiscal year, including outcomes and performance related to the fiscal year s goals and provide Cost of Service delivery comparisons for a representative sample of North Texas towns; PROPOSITION NO. 10: POWERS AND DUTIES TOWN MANAGER AND TOWN SECRETARY; AN AMENDMENT TO SECTION 4.05(O) 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. at the Election, Article IV, Section 4.05(o) Powers and Duties of the Town Manager and Section 4.08 Duties of the Town Secretary of the Town Charter Page 7 of 15

8 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 of the Charter: 4.05 Powers and Duties (o) Be the custodian of all municipal records of the Council and rrecommend to the Council rules and regulations to be adopted by ordinances to protect the safety and security of the municipal records Duties of the Town Secretary (e) Be the custodian of all municipal records of the Town; and 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. 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 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. 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 Page 8 of 15

9 PERSONNEL SHALL BE APPOINTED AND SUPERVISED AS REQUIRED BY STATE LAW AND TOWN ORDINANCE. 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 of the Charter: 4.12 Clerk of the Court 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 provide 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 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. 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. at the Election, Article V, Section 5.06 Canvassing and Election Returns of the Page 9 of 15

10 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 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. 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. 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 of the Charter: 6.01 Scope of Recall Page 10 of 15

11 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. 6.01A 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 any one or more of the following grounds: incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any provision express prohibition of the Charter. 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 FINAL DATE FOR SUBMISSION OF THE BUDGET, WITH THE REMAINDER OF SECTION 9.08 UNALTERED. 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 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. Page 11 of 15

12 PROPOSITION NO. 16: REARRANGEMENT AND RENUMBER; AN AMENDMENT TO SECTION REARRANGEMENT AND RENUMBER TO REVISE THE TITLE OF SECTION 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. at the Election, Article XI, Section 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 to renumber and rearrange all articles, sections and paragraphs of the Charter, or any amendments thereto, as it deems appropriate pursuant to Section of the Charter: 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 changeing 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. PROPOSITION NO. 17: CHARTER REVIEW COMMISSION; AN AMENDMENT TO THE FIRST PARAGRAPH OF SECTION 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 UNALTERED. Page 12 of 15

13 at the Election, the first paragraph of Article XI, Section 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 of the Charter: 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) 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, powers and benefits of all Trophy Club residents. It shall be the duty of the Charter Review Commission to: 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. Page 13 of 15

14 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 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) Councilmembers, elected from the Town at-large-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.) 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) six (6) Councilmembers shall be elected and serve in the following manner: (d) A Councilmember elected to Place 6 shall receive terms congruent with Place 5. (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.\ PROPOSITION NO. 19: WAYS AND MEANS COMMITTEE: AN AMENDMENT TO ADD A NEW SECTION TO ARTICLE IX BUDGET, FINANCE AND TAXATION FOR THE CREATION OF A WAYS AND MEANS COMMITTEE CONSISTING OF SEVEN (7) MEMBERS FOR A TERM OF THREE (3) YEARS TO PROVIDE FINANCIAL ADVICE AND RECOMMENDATIONS TO THE TOWN COUNCIL. Page 14 of 15

15 at the Election, Article IX, Budget, Finance and Taxation 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 of the Charter: A Ways and Means Committee will be created and consist of 7 (seven) members, 2 (two) of whom will be alternates. The Committee will be appointed by the Trophy Club Town Council for a term of 3 years and will not be allowed to serve on any other Town of Trophy Club Committees or Boards and will attend regularly scheduled meetings under the Texas Open Meetings Act. The Committee will provide financial advice and cost analysis to the Town Council for proposed and existing projects and review the annual budget of the Town and make recommendations to the Town Council. Page 15 of 15

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