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ORD 2011-01TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2011-01 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB BY ADDING ARTICLE XVI, ENTITLED "CITIZENS FINANCIAL ADVISORY BOARD", TO CHAPTER 1 ENTITLED "ADMINISTRATION" OF THE CODE OF ORDINANCES ESTABLISHING A CITIZENS FINANCIAL ADVISORY BOARD; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO ADD ARTICLE XVI TO CHAPTER 1 OF THE CODE OF ORDINANCES IN ORDER TO ESTABLISH THE BOARD; PROVIDING DEFINITIONS; PROVIDING NUMBER OF MEMBERS, TERMS OF OFFICE AND QUALIFICATIONS; PROVIDING POWERS AND DUTIES OF THE BOARD; SETTING FORTH PROCEDURES FOR THE BOARD; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas is a Home Rule Town acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Govemment Code; and WHEREAS, at a Special Election held on the 9th day of May, 2009, more than a majority of the duly qualified residents voted in favor of the approval and adoption of various amendments to the Home Rule Charter for the Town of Trophy Club, Texas which were subsequently put into effect upon adoption of Ordinance No. 2009-12; and WHEREAS, the Budget Process amendment sets forth certain requirements such as cost of service delivery comparisons, procedures for administration and fiduciary oversight of the budget, proposed goals for current and future operations and methods to measure outcomes and performance related to goals, and a five year capital plan; and WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards and Commissions; and WHEREAS, the Town Council has determined that a Citizens Financial Advisory Board will provide a valuable resource for the Town Council; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: ORO 2011-01 SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises having been found by the Town Council to be true and correct are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT -ADOPTION OF ARTICLE XIV OF CHAPTER XV 2.01 Article XVI entitled "Citizens Financial Advisory Board" of Chapter 1 entitled "Administration" of the Code of Ordinances of the Town of Trophy Club is hereby adopted and shall read in its entirety as follows: "Section 16.01 Definitions For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein: A. Budget: Those items found in the Home Rule Charter of the Town of Trophy Club, Article IX Budget, Finance and Taxation, and associated Charter policies and procedures. B. Citizens Financial Advisory Board or Board: The Town of Trophy Club's Citizens Financial Advisory Board as appointed by the Town Council. C. Director: A person appointed by the Town Manager as Director of Finance, or the Director's designee. Section 16.02 Board Established/Number of MemberslTerms Established and Qualifications The Citizens Financial Advisory Board consisting of five (5) members is hereby established as follows: A. Qualifications. Members shall be residents of the Town of Trophy Club meeting the qualifications established by the Town Council in the Handbook for Elected and Appointed Officials. B. Compensation. Members shall serve without compensation. C. Staggered Terms. Members' terms will be for three (3) years/staggered. Places on the Board shall be numbered 1 through 5. Places 1 and 2 on the initial Board shall serve for a term of three (3) years. Places 3 and 4 on the initial Board shall serve for a term of two (2) years. Place 5 on the initial Board shall serve for a term of one (1) ORO 2011-01 2 year. Upon expiration of the initial term, members appointed to those seats shall serve on a regular three (3) year term interval. D. Hold Over. If a replacement has not qualified upon the expiration of a member's term, then that member shall continue membership until replaced. E. Officers. The Board shall annually elect a Chairperson, Vice- Chairperson and a Secretary, each of which shall perform the duties as set forth below: i. The Chairperson shall preside over meetings and shall be entitled to vote upon each issue. Board shall conduct its meetings in accordance with the Town's Board, Commission and Committee Handbook. ii. The Vice-Chairperson shall assist the Chairperson in directing the affairs of the Board. In the absence of the Chairperson, the Vice-Chairperson shall assume all duties of the Chairperson. In the event that both the Chairperson and Vice-Chairperson are absent, the proceedings shall be conducted in accordance with Robert's Rules of Order. iii. The Secretary shall record minutes of all meetings, and in the Secretary's absence; the Chairperson shall designate another member to act as Secretary. Upon approval by the Board, the Secretary shall sign the official copy of the minutes. The Secretary shall distribute, once a year at the first regular meeting, a copy of the current Citizen's Financial Advisory Board Ordinance. F. Director Participation. The Director may attend the board meetings. G. Ex-Officio Member. The Director shall be an ex officio member of the Board, with the ability to partiCipate in discussions but without the right to vote. H. Absence. A member's absence from three (3) meetings annually without formal consent of the Board shall be deemed to constitute the resignation of that member and shall be certified by the Chairperson to the Town Council. A member's absence will be considered at the next regularly scheduled meeting following the absence. ORD 2011-01 Members should attempt to make all regular meetings. However, if a member finds difficulty in maintaining regular attendance, it is suggested that the member consider whether they have sufficient time 3 to be an effective member. It is the responsibility of a member in this position to initiate a discussion with the Chairperson or staff liaison about attendance. The Chairperson of the Board is to maintain a charted attendance record for all members. If attendance becomes an issue, the Chairperson will attempt to secure a written resignation. I. Meetings. Regular meetings shall be held at least once quarterly on the date and at the time established by the Board as provided in this Ordinance. J. Quorum. A majority of members shall constitute a quorum. K. Minutes. Minutes of each Board meeting shall be filed with the Town Secretary. Section 16.03 Powers and Duties of the Board The Citizens Financial Advisory Board shall have the following powers and perform the following duties: A. Advisory Capacity to Council. The Board shall act principally in an advisory capacity to the Town Council and Town staff in Budget matters. The Board shall focus on those tasks directed or approved by Council. B. Cooperative Opportunities. The Board may cooperate with other governmental agencies, civic organizations, industry and all citizens of the Town in the gathering and development of information. C. Amendments to Article. The Board shall review this Article annually, and forward any recommended amendments to the Town Council. D. Reports. The Board, through its Chairperson or his/her designee, shall make an oral and written report annually to the Town Council concerning its activities during the previous year. E. Actions of Board as a Unit. No action of any individual member(s) is authorized except as approved by the Board. Only the Board acting as a whole shall exercise the powers and duties of the Board. Section 16.04 Procedures of the Board The procedures of the Board shall be as set forth below: ORO 2011-01 4 A. The Board shall establish the schedule and time for its regular meetings. The Chairperson may call special meetings. All meetings shall be held in a public place with public notice as prescribed by law. B. A quorum consisting of a majority of members shall be required for the transaction of any business." SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances of the Town affecting the boards and commissions, finance, and the Citizens Financial Advisory Board and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. 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 3,d day of January 2011. ORO 2011-01 5 ATTEST: APPROVED TO AS FORM: Town Attorne~ a fICia Adarns Town of Trophy Club, Texas ORO 2011-01 Mayor, Connie White Town of Trophy Club, Texas [SEAL] 6