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11-017 - RTOWN OF PROSPER, TEXAS RESOLUTION NO. 11-017 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, COLLIN AND DENTON COUNTIES, TEXAS, REPEALING RESOLUTION NO. 11-013 AND ORDERING THE GENERAL ELECTION TO BE HELD JOINTLY WITH THE PROSPER INDEPENDENT SCHOOL DISTRICT AND ADMINSTERED BY THE COLLIN COUNTY ELECTIONS ADMINISTRATION ON MAY 14, 2011, FOR THE PURPOSE OF ELECTING PLACE 3 AND PLACE 5 TO THE TOWN OF PROSPER TOWN COUNCIL TO FILL EXPIRED TERMS; DESIGNATING POLLING PLACES; DESIGNATING LOCATIONS OF POLLING PLACES; DESIGNATING FILING DEADLINES; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") previously acted upon Resolution No. 11-013, ordering the May 14, 2011 General Election; and WHEREAS, it has come to the attention of the Town Council that Resolution No. 11-013 contained inaccurate information related to the Election; and WHEREAS, as a result, the Town Council has investigated and determined that it is in the best interest of the citizens of the Town of Prosper, Texas to repeal Resolution No. 11-013 and enact this Resolution ordering the Election. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS THAT: Section I. In accordance with the general laws and Constitution of the State of Texas, a General Election is hereby called and ordered for the 14"' day of May, 2011, the same being the second Saturday in May, at which general election all qualified voters of the Town may vote for the purpose of electing two (2) Town Council members to fill the expiring terms of the Prosper Town Council Place 3 and Place 5. After the election results are canvassed, the successful candidates shall serve three (3) year terms, in accordance with the Town Charter. Section 2. No person's name shall be placed upon the ballot as a candidate for Council Member unless such person has filed his or her sworn application as provided by Section 141.03 of the Texas Election Code, with the Town Secretary of the Town at the Town Hall Office, located at 121 W. Broadway Street, Prosper, Texas 75078, not later than 5:00 p.m. on the 14th day of March, 2011. The Town Secretary shall note on the face of each such application the date of such filing. Such application shall include the office the candidate is seeking. 588969 v1 Page 1 of 3 Section 3. Qualified voters of the following election precincts shall cast ballots for the General Election at the heretofore established and designated polling place within the Town as follows: Town Precincts 13, 29 and 178 (Collin County) 101 (Denton County) Polling Place Community Library Reynolds Middle School 700 N. Coleman Road Prosper, Texas 75078 Community Library Reynolds Middle School 700 N. Coleman Road Prosper, Texas 75078 Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election, May 14, 2011. Section 4. Early voting by personal appearance shall be available at the Collin County Elections Office, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069 and the Town of Prosper Municipal Chambers, 108 W. Broadway, Prosper, Texas 75078, from 8:00 a.m. to 5:00 p.m., Monday through Friday, beginning on Monday, May 2, 2011 and continuing through Tuesday, May 10, 2011, during regular business hours which is from 8:00 a.m. to 5:00 p.m., for early voting which is not a Sunday or any official State holiday, with extended voting hours being held on Thursday, May 5, 2011 from 8:00 a.m. to 7:00 p.m., Saturday, May 7, 2011 from 8:00 a.m. to 5:00 p.m., Monday, May 9, 2011 from 7:00 a.m. to 7:00 p.m. and Tuesday, May 10, 2011 from 7:00 a.m. to 7:00 pm. Applications for a ballot by mail shall be requested from and mailed to the Collin County Elections Administration Office, Attn: Elections Administrator, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. Applications for a ballot by mail must be received no later than the close of business on May 6, 2011. Ballots by mail must be received by 7:00 p.m. on May 14, 2011. Voters may vote at any of the additional Early Voting locations open under full contract services with the Collin County Elections Administration. Section 5. Candidates must file for a specific place and adhere to the filing deadlines accordingly. Candidate Packets are available in the Town Secretary's Office. The candidate filing deadlines for the General Election for the Place 3 and Place 5 are as follows: General Election Filing for the Position of Place 3 and Place 5 February 12, 2011 beginning at 8:00 a.m. through March 14, 2011 ending at 5:00 p.m. Candidates must file in the Town Secretary's Office located at 121 W. Broadway, Prosper, Texas. Section 6. Direct Record Electronic (DRE) voting machines shall be used in this election for early voting by personal appearance and Election Day voting. Optical -scan ballots shall be used for early voting by mail. Section 7. The Town Secretary is hereby authorized and directed to publish and/or post, in the time and manner prescribed by law, all notices required to be so published and/or posted in connection with the conduct of this election. The Collin County Election contract shall designate the election judges for the joint election. The election, including providing notice of the election, shall be conducted in accordance with the Texas Election Code and other applicable law, and all resident qualified and registered voters of the Town shall be eligible to vote at the election. Section 8. 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 Texas Election Code and any other state or federal law in carrying out and conducting the election, whether or not expressly authorized herein. 588969 v1 Page 2 of 3 Section 9. This Resolution and order for an election shall be effective from and after the passage of this Resolution. DULY PASSED AND APPROVED by the Town Council of the Town of Prosper, Collin and Denton Counties, Texas, on this the 22nd day of February, 2011. ATTEST: �W� Karen Gill, SPHR Interim Town Secretary c_ Ray S ith, ayor DATE OF PUBLICATION. n RtiLQ/!1. 3,S(2 -011 ,S ( � 1 ! Dallas Morning News 588969 vl Page 3 of 3