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ORD 2009-05TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009-05 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS MAKING THE PROVISIONS OF SECTION 43.075 OF THE TEXAS LOCAL GOVERNMENT CODE APPLICABLE TO THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; MAKING LOCAL GOVERNMENT CODE 43.075 APPLICABLE TO THE TOWN ABOLISHING TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2; SUBMITTING THIS ORDINANCE ABOLISHING TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 ("MUD2") TO PUBLIC VOTE AT THE MAY 9, 2009 ELECTION AS AUTHORIZED BY THE TOWN'S HOME RULE CHARTER; ESTABLISHING THE DATE FOR TOWN'S ASSUMPTION OF POWERS, DUTIES, ASSETS, AND OBLIGATIONS OF MUD2; AND PROVIDING THAT SUCH ASSUMPTION OF MUD2 AS AUTHORIZED BY THE LOCAL GOVERNMENT CODE AND THIS ORDINANCE SHALL BE CONTINGENT UPON APPROVAL OF THIS ORDINANCE BY A MAJORITY VOTE OF THE QUALIFIED VOTERS OF THE TOWN VOTING ON THIS ORDINANCE AT THE MAY 9, 2009 ELECTION; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter "Town") is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, the Town of Trophy Club was incorporated as a general law municipality in 1985; and by the Town boundaries established at that time, all of the area that currently comprises Trophy Club Municipal Utility District No. 2 (hereinafter "MUD2") was included within the boundaries of the Town; and WHEREAS, Section 43.075 of the Texas Local Government Code (hereinafter "LGC 43.075") applies to a municipality that by its incorporation includes in the municipality all or part of the area in a municipal utility district and whose governing body, by a two-thirds vote of its entire membership, adopts an ordinance making Section 43.075 applicable to the municipality; and WHEREAS, LGC 43.075(d) expressly provides that if all of the area in a district becomes a part of the municipality, the municipality succeeds to the powers, duties, assets, and obligations of the district, and further provides that the municipality shall take over all property and assets of the district, assume all debts, liabilities, and Ordinance 2009-05 1 obligations of the district and perform all the functions of the district including the provision of services; and WHEREAS, LGC 43.075(e) further provides that the governing body to whom it applies shall designate the date on which the duties and the assumption under LGC 43.075(d) take effect; and WHEREAS, the Town Council finds that the services furnished and functions performed by MUD2 are services customarily performed by a municipality and can be furnished and performed by the Town, and that the abolition of MUD2 serves the best interest of the residents and property in the Town and in MUD2; and WHEREAS, Town Council has taken a vote of its entire membership and at least four (4) of its members have voted in the affirmative to adopt this Ordinance making LGC 43.075 applicable to the Town; and WHEREAS, contemporaneously with the approval of this Ordinance, the Town Council has taken a vote of its entire membership and a majority of that membership has voted to voluntarily submit and refer this Ordinance to popular vote at the May 9, 2009 election pursuant to the referendum authority of the Town Council as provided by its Home Rule Charter and under the laws of the State of Texas; and· WHEREAS, by referral of this Ordinance to popular vote as authorized by Town Charter and state law, the Town Council has determined that this Ordinance shall become effective if approved by majority vote at the May 9,2009 election in accordance with this Ordinance and the Ordinance calling the May 9, 2009 election; and WHEREAS, the Town Council has established the effective date upon which the Town's assumption of the duties and assets of MUD2 shall become effective as June1, 2009 a date following the approval of the Ordinance at the May 9, 2009 election and the canvassing of the May 9, 2009 election results and prior to June 3, 2009, such date being within ninety (90) days of the adoption and publication oOhis Ordinance; and WHEREAS, it is the intention of the Town Council that if a majority of qualified voters voting on this referred Ordinance shall vote in favor thereof, it shall become effective on the date set forth above as a law or as a mandatory order of the Council and likewise, if this Ordinance is not approved by a majority of qualified voters at the May 9, 2009 election, then this Ordinance shall not take effect; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of Premises. That after due deliberation, the Town Council hereby finds that the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Ordinance 2009-05 2 Section 2. LGC 43.075 Applicable to the Town. That pursuant to the above stated authority, Town Council findings and determinations, and all other authority vested within the Town Council of the Town of Trophy Club pursuant to Texas statutes, the Texas Constitution, common law and Town Charter, the Town Council hereby expressly designates LGC 43.075 as applicable to the Town. Section 3. Voluntary Submission of Legislation to Vote and Date for Town's Assumption of Powers, Duties, Assets, and Obligations of MUD2 Established. This Ordinance has been approved by the Town Council and contemporaneously therewith, the Council voted to refer this Ordinance to a popular vote at the May 9, 2009 election pursuant to the authority of the Town Council to voluntarily submit or refer legislation to popular vote. In the event that a majority of the qualified voters voting on this referred Ordinance at the May 9, 2009 election vote for this Ordinance and thereby reject the repeal of this Ordinance, then this Ordinance shall become effective and the Town shall take over all the property and other assets of MUD2; assume all debts, liabilities, and obligations of MUD2; and shall perform all functions of MUD2, including the provision of services on June 1, 2009, a date after the canvassing of the May, 2009 election and prior to June 3, 2009, a date within ninety (90) days after the date of publication of this Ordinance. Upon such date, MUD2 shall cease to exist as a separate independent political entity and the property and assets of MUD2 shall fully and finally vest in the Town of Trophy Club for all purposes and the Town shall assume all debts, liabilities and obligations of IVIUD2. Section 4. Savings and Repealer. That this Ordinance shall be cumulative of all other Ordinances of the Town 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. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. Section 5. Severability. That 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 6. Engrossment and Enrollment. That 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. Ordinance 2009-05 3 Section 7. Publication and Effective Date. That the caption of this Ordinance shall be published in the Town's official newspaper after its passage by the Town Council and shall take effect at such time that a majority of the qualified voters voting on this referred ordinance at the May 9, 2009 election vote for this Ordinance and thereby reject the repeal of this Ordinance. If approved, then this Ordinance shall become effective and the Town shall take over all the property and other assets of MUD2; assume all debts, liabilities, and obligations of MUD2; and shall perform all functions of MUD2, including the provision of services, on June 1, 2009, a date after the canvassing of the May, 2009 election and prior to June 3, 2009, a date within ninety (90) days after the date of publication of this Ordinance, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, trlis the 2nd day of March, 2009. ~~ Mayor, Nick Sanders Town of Trophy Club, Texas ATTEST: ~gJJh04 own Secretary, Lisa Hennek Town of Trophy Club, Texas [SEAL] '~~rLL<2/ Town Attorney, Patricia Adams Town of Trophy Club, Texas Ordinance 200g.0) (March 2, 2009 Agenda Draft) \.. 4