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11-044 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 11-44 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL AND SPECIAL ELECTIONS HELD ON MAY 14, 2011, FOR THE PURPOSE OF ELECTING TOWN COUNCIL PLACE 3, AND TOWN COUNCIL PLACE 5; CANVASSING RETURNS OF PROPOSED AMENDMENTS TO THE TOWN CHARTER IN PROPOSITIONS 1 THROUGH 22; PROVIDING FOR A SAVINGS, REPEALING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") duly authorized a General Election to be held within the Town of Prosper, Texas ("Prosper" or "Town") on May 14, 2011, for the purpose of electing Town Council Member Place 3 and Town Council Member Place 5 ("General Election"); and WHEREAS, the Town Council held a Special Election ("Special Election") for the purpose of submitting to the resident qualified electors of the Town the proposed amendments to the Town Charter in Propositions 1 through 22; and WHEREAS, the Collin County Elections Administrator that held said General and Special Election has duly made the return of the results thereof, and said returns have been duly delivered to this Town Council; and WHEREAS, the Town Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that the public notice of the time, place and purpose of the meeting was given as required by Vernon's Ann. Texas Government Code, Section 551.041, as amended; and WHEREAS, there were cast in said General and Special Election 7248 early votes as shown in the official election results heretofore attached as Exhibit "A" (327) made a part of this Ordinance, lawfully submitted to the Town Council of the Town of Prosper, Texas, and filed with the Town Secretary of said Town; and WHEREAS; there were cast in said General and Special Election 7947 election day votes as shown in the official election results heretofore attached as Exhibit "B" (447) lawfully submitted to the Town Council of the Town of Prosper, Texas, and filed with the Town Secretary of said Town; and Ordinance 11-44 General & Special Election Canvass May 14, 2011 Page 1 592993.vl WHEREAS, said General and Special Election was duly and legally held in conformity with the election laws of the State of Texas, and the results of said election have been verified and returned by the proper judges and clerks. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: Section 1: Findings Incorporated. The findings set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2: General Election Results. The Official canvass of the returns of the General Election reflects that the following named persons received the number of votes set opposite their names in the respective positions to be filled: TOWN COUNCIL, PLACE 3 Candidate Total Votes Received David Vestal, for Place 3 331 Curry Vogelsang Jr., for Place 3 333 TOWN COUNCIL, PLACE 5 Candidate Total Votes Received Danny Wilson 488 The Official canvass of the returns of the General Election held on May 14, 2011, reflects and declares that the following persons were duly elected to the respective positions shown: Town Council Place 3 Town Council Place 5 Curry Vogelsang Jr. Danny Wilson Section 3: Special Election Results. The Official canvass of the returns of the Special Election held on May 14, 2011, reflects the Propositions received the following number of votes: PROPOSITION NO. 1 Shall the Charter be amended throughout to correct non -substantive errors such as misspellings, punctuation, grammar and sentence structure, clarify meanings of terms and use consistent terminology, outline paragraph numbering and renumbering, conform to requirements and/or Ordinance 11-44 General & Special Election Canvass May 14, 2011 Page 2 592993.v 1 provisions of state and/or federal law and/or Town ordinances, and revise references to repealed or obsolete provisions of state law? For 600 Against 56 PROPOSITION NO.2 Shall Section 1.02 (2) (The Boundaries) of the Charter be amended to state that the records of the Town's boundaries shall be kept on file with the Town Secretary? For 613 Against 42 PROPOSITION NO.3 Shall Section 3.01 (1) and (2) (Composition), and a new Section 3.02 (Limitations on Terms), with subsequent sections in Article III being numbered accordingly, of the Charter be amended and added, respectively, to provide for clarification on the election of the places held by Council Members and Mayor; providing that no person shall serve as Mayor for more than three (3) successive elected terms; providing that no person shall serve as Council Member for more than three (3) successive elected terms; providing that no person shall serve as Council Member and Mayor (combined) for more than eighteen (18) consecutive years; providing specific guidelines for computing the limitations on terms; and providing that any Council Member or Mayor who is ineligible to run for office due to term limitations shall remain ineligible for a period of ten (10) months following the expiration of the most recent term of office of which he or she was elected? For 578 Against 75 PROPOSITION NO. 4 Shall newly renumbered Section 3.05(2) and (3) (Mayor, Mayor Pro -Tem and Deputy Mayor Pro -Tem) of the Charter be amended to provide that the Mayor Pro -Tem and Deputy Mayor Pro - Tem may be elected at the first regular meeting after any run-off election? For 584 Against 61 PROPOSITION NO. 5 Shall newly renumbered Section 3.06(2) (Vacancies, Forfeiture and Filling of Vacancies) of the Charter be amended to provide that if a member of the Town Council is absent for twenty-five Ordinance 11-44 General & Special Election Canvass May 14, 2011 Page 3 592993.0 percent (25%) of regularly scheduled meetings during the twelve-month (12 -month) period immediately preceding and including the absence in question, then his or her office shall be declared vacant; and providing for the transition to the twenty-five percent (25%) absence rule? For 609 Against 42 PROPOSITION NO.6 Shall newly renumbered Section 3.10 (Quorum) of the Charter be amended to clarify that if a certain percentage of affirmative votes to pass a measure to be approved by Town Council is required, the number of affirmative votes must be measured against the entire qualified Town Council, not just the number present and voting? For 584 Against 63 PROPOSITION NO. 7 Shall newly renumbered Section 3.11 (Conflict of Interest) of the Charter be amended to clarify that when any person on the Town Council has a conflict of interest, then they are not considered present and voting for the purposes of calculating the outcome of a vote? For 603 Against 48 PROPOSITION NO. 8 Shall newly renumbered Section 3.18 (Bond) of the Charter be amended to require all municipal officers and employees who receive or pay any monies of the Town to be bonded or cause each to be covered under a Public Employee Dishonesty Property Crime Coverage Policy and that such bond or policy coverage limits shall be determined by the Town Council? For 588 Against 51 PROPOSITION NO. 9 Shall newly renumbered Section 3.19 (Code of Ethics) of the Charter be amended to state that the Town Council shall maintain a Code of Ethics? For 631 Against 21 Ordinance 11-44 General & Special Election Canvass May 14, 2011 Page 4 592993.v1 PROPOSITION NO. 10 Shall Section 4.06 (2) (Personnel System) of the Charter be amended to add that the personnel rules prepared by the Town Manager and adopted by the Town Council shall include the procedure for the giving and receiving of gifts by Town employees? For 585 Against 56 PROPOSITION NO. 11 Shall Section 5.02 (2) (Filing for Office) of the Charter be amended to clarify that a candidate for a Town office must have resided in the corporate limits of the Town, or annexed territory, for at least twelve (12) months immediately preceding the filing date? For 628 Against 25 PROPOSITION NO. 12 Shall Sections 6.02 (Petitions for Recall) and 6.13 (Initiative) of the Charter be amended to clarify petition signature requirements by qualified voters; designating the percentage of required signatures be at least thirty percent (30%) of the number of voters voting in the last regular Town election; specifying that the requirements for information on each signer of the petition be as set forth in the Texas Election Code; and making the requirements for initiative petitions the same as in recall elections? For 587 Against 46 PROPOSITION NO. 13 Shall Sections 7.05 (Public Hearing on Budget), 7.11 (Capital Program), 7.14 (Borrowing) and 7.18 (Independent Audit) of the Charter be amended to state that the required public hearing shall be scheduled in accordance with the Local Government Code; providing that the Capital program will be updated and presented to the Town Council annually; clarifying that the Town may exercise powers to finance public improvements or for any other public purpose not prohibited by state law; and providing that the Independent Auditor's Report and Annual Financial Report shall be published on the Town's website ? For 575 Against 52 Ordinance 11-44 General & Special Election Canvass May 14, 2011 Page 5 592993A PROPOSITION NO. 14 Shall Section 7.08 (Contingent Appropriation) of the Charter be renamed and amended to increase the contingency reserve fund balance designation to twenty percent (20%); providing for use of the funds in the event of a revenue shortfall; providing that the fund shall not overlap with any other amount of reserves; and providing that the contingency reserve appropriation may be distributed by the Town Manager only in the event of an emergency or after supplemental appropriation by the Town Council? For 551 Against 73 PROPOSITION NO. 15 Shall Section 9.01(1) (Organization) of the Charter be amended to increase the number of Planning and Zoning Commission members to seven (7) and provide for the date of electing its Chairman, Vice Chairman and Secretary? For 561 Against 73 PROPOSITION NO. 16 Shall Sections 9.02 (Duties and Powers) and 9.04 (The Comprehensive Plan: Procedure and Legal Effect) of the Charter be amended to clarify that the affirmative vote of a majority of the Town Council present is required to overrule a recommendation of denial by the Planning and Zoning Commission and clarifying that deviations of land use and development regulations as set forth in the Comprehensive Plan must be submitted and approved by the Commission? For 566 Against 59 PROPOSITION NO. 17 Shall Section 11.07 (Regulation of Liquor and Beer) of the Charter be amended to provide that the sale of liquor by a person holding a package store permit, as described by the Texas Alcoholic Beverage Code, is prohibited in any zoning district which allows, in whole or in part, residential development? For 511 Against 132 Ordinance 11-44 General & Special Election Canvass May 14, 2011 Page 6 592993 v1 PROPOSITION NO. 18 Shall Section 12.03 (Notice of Claim) of the Charter be amended to require a person to file a notice of claim against the Town within ninety (90) days after the time at which it is claimed damages were inflicted on a person or property? For 507 Against 132 PROPOSITION NO. 19 Shall Section 13.04 (Officers and Employees) be deleted from the Charter to remove an unnecessary transitional provision from the original adoption of the Charter which pertained to officers and employees who existed at the time of the original adoption of the Charter? For 546 Against 63 PROPOSITION NO. 20 Shall Section 14.05 (Employee's Political Activities) of the Charter be amended to clarify that Town employees are prohibited from contributing to, making, soliciting or receiving contributions for and participating in any campaign activities of a Council Member or Mayoral candidate rather than any other candidate for office? For 576 Against 50 PROPOSITION NO. 21 Shall Section 14.09 (No Officer or Employee to Accept Gifts, Etc.) of the Charter be amended to provide for revised prohibitions, requirements, and procedures related to the acceptance of gifts by Town Officials? For 564 Against 55 PROPOSITION NO. 22 Shall Sections 15.01 (Charter Review Commission) and 15.02 (Petition to Amend Charter) of the Charter be amended to state that the Town shall appoint a Charter Review Commission at least once every ten (10) years or earlier if not prohibited by law, and that each signature on a petition to amend the charter shall conform to the requirements for information set forth in the Texas Election Code? Ordinance 11-44 General & Special Election Canvass May 14, 2011 Page 7 592993.v 1 For 583 Against 38 Propositions No. 1 through No. 22 all received a majority of the votes approving each amendment. The amendments are hereby declared to have passed. Section 4: Savin s/Re ealigiClause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Section 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that is would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Section 6. Effective Date. The Ordinance shall be effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, on this the 24th day of May, 2011. ,,ATTEST: ti��� ,. l .., • err' r;r f lei •� a v Drl cI t'ATy Pink 1 own Secretary r VPRCIrI"VEIAS TO FORM: S' r'`� ath Rv er, Boyd Joplin P.C. Y} Y p Courtney A. Kuykendall, City Attorney Ordinance 11-44 General & Special Election Canvass May 14, 2011 Page 8 592993.v1 Exhibit "A" Ordinance 11-44 General & Special Election Canvass May 14, 2011 Page 9 592993 vl Election Summary Report Date:05/20/1 Special Election Time: e:1 of General and S 1� Page: l of Summary For Jurisdiction Wide, , Prosper Early Voting Accumulated Totals Registered Voters 439740 - Cards Cast 327 0.07% Bond Prop No. 3 - Prosper Council, Place Number 3 - Prosper Total Total Number of Precincts Number of Precincts 0 Precincts Reporting Precincts Reporting 0 Vote For Vote For 1 Times Counted Times Counted 325/5172 6.3 % Total Votes 318 Times Blank Voted Times Blank Voted 7 Times Over Voted Times Over Voted 0 Number Of Under Votes Number Of Under Votes 0 For (a Favor) Curry Vogelsang, Jr 175 55.03% David Vestal 143 44.97% Council, Place Number 5 - Prosper Total Total Number of Precincts Number of Precincts 0 Precincts Reporting Precincts Reporting 0 Vote For Vote For 1 Times Counted Times Counted 325/5172 6.3 % Total Votes 238 Times Blank Voted Times Blank Voted 87 Times Over Voted Times Over Voted 0 Number Of Under Votes Number Of Under Votes 0 For (a Favor) Danny Wilson 238 100.00% Bond Prop No. 1 - Prosper 35.74% Bond Prop No. 5 - Prosper Total Number of Precincts 0 Number of Precincts Precincts Reporting 0 Precincts Reporting Vote For 1 Vote For Times Counted 325/5172 6.3 % Total Votes 318 Total Votes Times Blank Voted 7 Times Blank Voted Times Over Voted 0 Times Over Voted Number Of Under Votes 0 Number Of Under Votes For (a Favor) 216 67.92% Against (en Contra) 102 32.08% Bond Prop No. 2 - Prosper 22.26%1 Proposition No. 1 -Prosper Total Number of Precincts 0 Number of Precincts Precincts Reporting 0 Precincts Reporting Vote For 1 Vote For Times Counted 325/5172 6.3 " s Total Votes 317 Total Votes Times Blank Voted 8 Times Blank Voted Times Over Voted 0 Times Over Voted Number Of Under Votes 0 Number Of Under Votes For (a Favor) 218 68.77% Against (en Contra) 99 31.23% Num. Report Precinct 0 - Num. Reporting 0 0.00% Bond Prop No. 3 - Prosper Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 325/5172 6.3 % Total Votes 319 Times Blank Voted 6 Times Over Voted 0 Number Of Under Votes 0 11 For (a Favor) 236 73.98% Against (en Contra) 83 26.02% Bond Prop No. 4 - Prosper Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 325/5172 6.3 % Total Votes 319 Times Blank Voted 6 Times Over Voted 0 Number Of Under Votes 0 For (a Favor) 205 64.26% Against (en Contra) 114 35.74% Bond Prop No. 5 - Prosper Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 325/5172 6.3 % Total Votes 319 Times Blank Voted 6 Times Over Voted 0 Number Of Under Votes 0 For (a Favor) 248 77.74% Against (en Contra) 71 22.26%1 Proposition No. 1 -Prosper Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 325/5172 6.3 % Total Votes 312 Times Blank Voted 13 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 289 92.63% No (No) 23 7.37% Election Summary Report Date:05/20/1 Special Election Time:13:2 of General and S , P Page:2 of Summary For Jurisdiction Wide, , Prosper Early Voting Accumulated Totals Registered Voters 439740 - Cards Cast 327 0.07% Proposition No. 6 - Prosper Proposition No. 2 - Prosper Total 0 Total Total Number of Precincts Number of Precincts 0 Precincts Reporting Precincts Reporting 0 Vote For Vote For 1 Times Counted Times Counted 325/5172 6.3 % Total Votes 312 Times Blank Voted Times Blank Voted 13 Times Over Voted Times Over Voted 0 Number Of Under Votes Number Of Under Votes 0 Yes (Si) Yes (Si) 292 93.59% No (No) 20 6.41% Proposition No. 3 - Prosper Total Number of Precincts Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 6.3 % Times Counted 325/5172 6.3 'X, Total Votes 311 Times Blank Voted 14 Times Over Voted 0 Number Of Under Votes 0 94.81% Yes (Si) 278 89.39% No (No) 33 10.61% I Proposition No. 4 - Prosper Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 325/5172 6.3 % Total Votes 307 Times Blank Voted 18 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 278 90.55%1 No (No) 29 9.45% Proposition No. 5 - Prosper Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 325/5172 6.3 % Total Votes 308 Times Blank Voted 17 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 290 94.16% No (No) 18 5.84% Num. Report Precinct 0 - Num. Reporting 0 0.00% Proposition No. 6 - Prosper Total Total 0 Total 0 Number of Precincts 0 0 Precincts Reporting 0 1 Vote For 1 325/5172 Times Counted 325/5172 6.3 % Total Votes 311 13 Times Blank Voted 14 0 Times Over Voted 0 �. Number Of Under Votes 0 295 Yes (Si) 284 91.32% No (No) 27 8.68% Proposition No. 7 - Prosper ' Total Total 0 Number of Precincts 0 Vote For Precincts Reporting 0 325/5172 6.3 %, Vote For 1 Times Blank Voted Times Counted 325/5172 6.3 % Total Votes 312 Yes (Si) Times Blank Voted 13 6 1.91% Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 295 94.55% No (No) 17 5.45% Proposition No. 8 - Prosper Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 325/5172 6.3 % Total Votes 308 Times Blank Voted 17 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 292 94.81% No (No) 16 5.19% Proposition No. 9 - Prosper Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 325/5172 6.3 %, Total Votes 314 Times Blank Voted 11 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 308 98.09% No (No) 6 1.91% Election Summary Report Date:05/20/1 General and Special Election TiPage:3 of Page: Summary For Jurisdiction Wide, , Prosper Early Voting Accumulated Totals Registered Voters 439740 - Cards Cast 327 0.07% Proposition No. 14 -Prosper Proposition No. 10 - Prosper Total Total Number of Precincts Number of Precincts 0 Precincts Reporting Precincts Reporting 0 Vote For Vote For 1 Times Counted Times Counted 325/5172 6.3 % Total Votes 308 Times Blank Voted Times Blank Voted 17 Times Over Voted Times Over Voted 0 Number Of Under Votes Number Of Under Votes 0 Yes (Si) Yes (Si) 285 92.53% No (No) 23 7.47% i Proposition No. 11 - Prosper Total Total Number of Precincts Number of Precincts 0 Precincts Reporting Precincts Reporting 0 Vote For Vote For 1 Times Counted Times Counted 325/5172 6.3 % Total Votes 314 Times Blank Voted Times Blank Voted 11 C Times Over Voted 0 Number Of Under Votes Number Of Under Votes 0 Yes (Si) Yes (Si) 305 97.13%, No (No) 9 2.87% Proposition No. 12 - Prosper Total Total Number of Precincts Number of Precincts 0 Precincts Reporting Precincts Reporting 0 Vote For Vote For 1 Times Counted Times Counted 325/5172 6.3 %1 Total Votes 306 Times Blank Voted Times Blank Voted 19 EA Times Over Voted 0 �. Number Of Under Votes 0 Yes (Si) Yes (Si) 287 93.79%y No (No) 19 6.21%, Proposition No. 13 -Prosper Total Total Number of Precincts Number of Precincts 0 Precincts Reporting Precincts Reporting 0 Vote For Vote For 1 Times Counted Times Counted 325/5172 6.3 %1 Total Votes 300 Times Blank Voted Times Blank Voted 25 Times Over Voted Times Over Voted 0 Number Of Under Votes Number Of Under Votes 0 Yes (Si) Yes (Si) 279 93.00% No (No) 21 7.00% Num. Report Precinct 0 - Num. Reporting 0 0.00% Proposition No. 14 -Prosper Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 325/5172 6.3 % Total Votes 302 Times Blank Voted 23 Times Over Voted 0 Number Of Under Votes 0 i Yes (Si) 268 88.74%1 No (No) 34 11.26%' Proposition No. 15 - Prosper Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 325/5172 6.3 % Total Votes 306 Times Blank Voted 19 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 272 88.89%, No (No) 34 11.11% Proposition No. 16 -Prosper Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 325/5172 6.3 % Total Votes 298 Times Blank Voted 27 Times Over Voted 0 Number Of Under Votes 0 V Yes (Si) 276 92.62%" No (No) 22 7.38%, Proposition No. 17 -Prosper Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 325/5172 6.3 %1 Total Votes 307 Times Blank Voted 18 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 257 83.71%! No (No) 50 16.29%' Election Summary Report Date:05/20/11 Time:13:22:0( General and Special Election Page:4 of 4 Summary For Jurisdiction Wide, , Prosper Early Voting Accumulated Totals Registered Voters 439740 - Cards Cast 327 0.07% Proposition No. 22 - Prosper Proposition No. 18 -Prosper Total Total Number of Precincts Number of Precincts 0 Precincts Reporting Precincts Reporting 0 Vote For Vote For 1 Times Counted Times Counted 325/5172 6.3 % Total Votes 304 Times Blank Voted Times Blank Voted 21 Times Over Voted Times Over Voted 0 Number Of Under Votes Number Of Under Votes 0 Yes (Si) Yes (Si) 254 83.55% No (No) 50 16.45% Proposition No. 19 - Prosper Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 325/5172 6.3 % Total Votes 295 Times Blank Voted 30 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 271 91.86% No (No) 24 8.14% Proposition No. 20 - Prosper Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 325/5172 6.3 % Total Votes 303 Times Blank Voted 22 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 285 94.06%1. No (No) 18 5.94% o Proposition No. 21 - Prosper Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 325/5172 6.3 % Total Votes 298 Times Blank Voted 27 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 276 92.62% No (No) 22 7.38% Num. Report Precinct 0 - Num. Reporting 0 0.00% Proposition No. 22 - Prosper Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 325/5172 6.3 % Total Votes 299 Times Blank Voted 26 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 281 93.98% No (No) 18 6.02% Exhibit "B" Ordinance 11-44 General & Special Election Canvass May 14, 2011 Page 10 592993.v1 Election Summary Report Date:05/20/11 Time:13:33:13 General and Special Election Page:l of 4 Summary For Jurisdiction Wide, , Prosper Election Day Accumulated Totals Registered Voters 439740 -Cards Cast 447 0.10% Bond Prop No. 3 - Prosper Council, Place Number 3 - Prosper Total Total Number of Precincts Number of Precincts 4 Precincts Reporting Precincts Reporting 4 100.0 % Vote For 1 Times Counted Times Counted 357/5172 6.9 % Total Votes 346 Times Blank Voted Times Blank Voted 11 Times Over Voted Times Over Voted 0 Number Of Under Votes Number Of Under Votes 0 For (a Favor) Curry Vogelsang, Jr 158 45.66% David Vestal 188 54.34%; Council, Place Number 5 - Prosper Total Total Number of Precincts Number of Precincts 4 Precincts Reporting Precincts Reporting 4 100.0 % Vote For 1 Times Counted Times Counted 357/5172 6.9 % Total Votes 250 Times Blank Voted Times Blank Voted 107 Times Over Voted Times Over Voted 0 Number Of Under Votes Number Of Under Votes 0 For (a Favor) Danny Wilson 250 100.00% Bond Prop No. 1 - Prosper 39.27% Bond Prop No. 5 - Prosper Total Number of Precincts 4 Number of Precincts Precincts Reporting 4 100.0 '.'o Vote For 1 Vote For Times Counted 357/5172 6.9 % Total Votes 352 Total Votes Times Blank Voted 5 Times Blank Voted Times Over Voted 0 Times Over Voted Number Of Under Votes 0 Number Of Under Votes For (a Favor) 237 67.33% Against (en Contra) _ 115 32.67% Bond Prop No. 2 - Prosper 18.13%1 Proposition No. 1 - Prosper Total Number of Precincts 4 Number of Precincts Precincts Reporting 4 100.0 % Vote For 1 Vote For Times Counted 357/5172 6.9 % Total Votes 355 Total Votes Times Blank Voted 2 Times Blank Voted Times Over Voted 0 Times Over Voted Number Of Under Votes 0 Number Of Under Votes For (a Favor) 243 68.45% Against (en Contra) 112 31.55% Num. Report Precinct 190 - Num. Reporting 190 100.00% Bond Prop No. 3 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 Times Counted 357/5172 6.9 % Total Votes 356 Times Blank Voted 1 Times Over Voted 0 Number Of Under Votes 0 For (a Favor) 272 76.40% Against (en Contra) 84 23.60% Bond Prop No. 4 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 Times Counted 357/5172 6.9 % Total Votes 354 Times Blank Voted 3 Times Over Voted 0 Number Of Under Votes 0 For (a Favor) 215 60.73% Against (en Contra) 139 39.27% Bond Prop No. 5 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100,0 %. Vote For 1 Times Counted 357/5172 6.9 % Total Votes 353 Times Blank Voted 4 Times Over Voted 0 Number Of Under Votes 0 For (a Favor) Against Contra) 289 81.87% (en 64 18.13%1 Proposition No. 1 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100,0 % Vote For 1 Times Counted 357/5172 6.9 % Total Votes 344 Times Blank Voted 13 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 311 90.41% No (No) 33 9.59% Election Summary Report Date:05/20/11 Time:13:33: E General and Special Election Page:2 of Summary For Jurisdiction Wide, , Prosper Election Dav Accumulated Totals Registered Voters 439740 -Cards Cast 447 0.10% 100.00% Proposition No. 2 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 " Vote For 1 Times Counted 357/5172 6.9 % Total Votes 343 Times Blank Voted 14 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 321 93.59% No (No) 22 6.41% Proposition No. 3 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 Times Counted 357/5172 6.9 % Total Votes 342 Times Blank Voted 15 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 300 87.72% No (No) 42 12.28%1 Proposition No. 4 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 Times Counted 357/5172 6.9 % Total Votes 338 Times Blank Voted 19 Times Over Voted 0 Number Of Under Votes 0 Yes (Sr) 306 90.53% No (No) 32 9.47% Proposition No. 5 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 Times Counted 357/5172 6.9 % Total Votes 343 Times Blank Voted 14 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 319 93.00% No (No) 24 7.00%' Num. Report Precinct 190 - Num. Reporting 190 100.00% Proposition No. 6 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 Times Counted 357/5172 6.9 % Total Votes 336 Times Blank Voted 21 Times Over Voted 0 Number Of Under Votes 0 Yes (Sr) 300 89.29% No (No) 36 10.71% Proposition No. 7 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 %1 Vote For 1 Times Counted 357/5172 6.9 %1 Total Votes 339 Times Blank Voted 18 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 308 90.86%' No (No) 31 9.14%1 Proposition No. 8 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 Times Counted 357/5172 6.9 % Total Votes 331 Times Blank Voted 26 Times Over Voted 0 Number Of Under Votes _ 0 Yes (Si) 296 89.43%' No (No) 35 10.57% Proposition No. 9 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 Vote For 1 Times Counted 357/5172 6.9 Total Votes 338 Times Blank Voted 19 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 323 95.W/ 15 4.44%, -=No(No) Election Summary Report Date:05/20/11 General and Special Election TiPagle:3 of z Summary For Jurisdiction Wide, , Prosper Election Day Accumulated Totals Registered Voters 439740 -Cards Cast 447 0.10% Num. Report Precinct 190 - Num. Reporting 190 100.00% Proposition No. 10 - Prosper Proposition No. 14 - Prosper Total Total Number of Precincts 4 Number of Precincts 4 Precincts Reporting 4 100.0 % Precincts Reporting 4 100.0 % Vote For 1 Vote For 1 Times Counted 357/5172 6.9 % Times Counted 357/5172 6.9 % Total Votes 333 Total Votes 322 Times Blank Voted 24 Times Blank Voted 35 Times Over Voted 0 Times Over Voted 0 Number Of Under Votes 0 Number Of Under Votes 0 Yes (Si) 300 90.09% Yes (Si) 283 87.89% p No (Noj 33 9.91% L No (No) 39 12.11%1 Proposition No. 11 -Prosper Proposition No. 15 - Prosper Total Total Number of Precincts 4 Number of Precincts 4 Precincts Reporting 4 100.0 % Precincts Reporting 4 100.0 % Vote For 1 Vote For 1 Times Counted 357/5172 6.9 % Times Counted 357/5172 6.9 % Total Votes 339 Total Votes 328 Times Blank Voted 18 Times Blank Voted 29 Times Over Voted 0 Times Over Voted 0 Number Of Under Votes 0 Number Of Under Votes 0 Yes (Si) 323 95.28% Yes (Si) 289 88.11% No (No) 16 4.72% No (No) 39 11.89% Proposition No. 12 - Prosper Proposition No. 16 - Prosper Total Total Number of Precincts 4 Number of Precincts 4 Precincts Reporting 4 100.0 % Precincts Reporting 4 100.0 % Vote For 1 Vote For 1 Times Counted 357/5172 6.9 % Times Counted 357/5172 6.9 % Total Votes 327 Total Votes 327 Times Blank Voted 30 Times Blank Voted 30 Times Over Voted 0 Times Over Voted 0 Number Of Under Votes 0 Number Of Under Votes 0 Yes (Si) 300 91.74% Yes (Si) 290 88.69% No (No) 27 8.26% No (No) 37 11.31% Proposition No. 13 - Prosper Proposition No. 17 - Prosper Total Total Number of Precincts 4 Number of Precincts 4 Precincts Reporting 4 100.0 % Precincts Reporting 4 100.0 % Vote For 1 Vote For 1 Times Counted 357/5172 6.9 % Times Counted 357/5172 6.9 % Total Votes 327 Total Votes 336 Times Blank Voted 30 Times Blank Voted 21 Times Over Voted 0 Times Over Voted 0 Number Of Under Votes 0 Number Of Under Votes 0 Yes (Si) 296 90.52% 1 Yes (Si) No (No) 31 9.48% No (No) 254 75.60% 82 24.40% Election Summary Report Date:05/20/11 Time:13:33: E General and Special Election Page:4 of Summary For Jurisdiction Wide, , Prosper Election Day Accumulated Totals Registered Voters 439740 -Cards Cast 447 0.10% 100.00% Proposition No. 18 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 Times Counted 357/5172 6.9 % Total Votes 335 Times Blank Voted 22 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 253 75.52% No (No) 82 24.48% Proposition No. 19 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 Times Counted 357/5172 6.9 % Total Votes 314 Times Blank Voted 43 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 275 87.58% No (No) 39 12.42% Proposition No. 20 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 � 1r Vote For 1 Times Counted 357/5172 6.9 "M, Total Votes 323 Times Blank Voted 34 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 291 90.09% No (No) 32 9.91% Proposition No. 21 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 Times Counted 357/5172 6.9 % Total Votes 321 Times Blank Voted 36 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 288 89.72% No (No) 33 10.28% Num. Report Precinct 190 - Num. Reporting 190 100.00% Proposition No. 22 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 Times Counted 357/5172 6.9 % Total Votes 322 Times Blank Voted 35 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 302 93.79% No (No) 20 6.21% STATE OF TEXAS § CANVASS OF THE TOWN OF PROSPER JOINT, GENERAL AND SPECIAL ELECTION COUNTY OF COLLIN § May 14, 2011 I, Sharon Rowe, the undersigned Elections Administrator of Collin County, do hereby certify that I have made an actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots. I, therefore, make the following report of my findings from the May 14, 2011, Town of Prosper Joint, General and Special Election that was held in Collin County, Texas. I hereby certify the results to be a full, true and correct tabulation, audit and count of the votes cast in the said election. WITNESS, my hand on this the 20th day of May 2011. Sharon Rowe Elections Administrator Collin County Election Summary Report Date:05/20/11 Time:13:19:17 General and Special Election Page:l of 4 Summary For Jurisdiction Wide, All Counters, Prosper Combined Accumulated Totals Registered Voters 439740 - Cards Cast 774 0.18% Council, Place Number 3 - Prosper Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Curry Vogelsang, Jr David Vestal Council, Place Number 5 - Prosper Total 4 4 100.0 % 1 682/5172 13.2 % 664 18 0 0 333 50.15% 331 49.85% Bond Prop No. 1 - Prosper Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Total k 4 4 100.0 % 1 682/5172 13.2 % 670 J 12 0 !. 0 l For (a Favor) 453 67.61 Against (en Contra) 217 32.39% I Bond Prop No. 2 - Prosper Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For (a Favor) Against (en Contra) Total Total 4 Number of Precincts 4 100.0 % Precincts Reporting 4 100.0 % 682/5172 Vote For 1 Precincts Reporting Times Counted 682/5172 13.2 % 0 Total Votes 488 Times Counted Times Blank Voted 194 211 Times Over Voted 0 Times Blank Voted Number Of Under Votes 0 Times Over Voted Danny Wilson 488 100.00% Bond Prop No. 1 - Prosper Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Total k 4 4 100.0 % 1 682/5172 13.2 % 670 J 12 0 !. 0 l For (a Favor) 453 67.61 Against (en Contra) 217 32.39% I Bond Prop No. 2 - Prosper Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For (a Favor) Against (en Contra) Total 100.00% 4 4 100.0 % 1 682/5172 13.2 % 672 Precincts Reporting 10 100.0 % 0 1 0 Times Counted 461 68.60% 211 31.40%? Num. Report Precinct 190 - Num. Reporting 190 100.00% Bond Prop No. 3 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 Times Counted 682/5172 13.2 % Total Votes 675 Times Blank Voted 7 Times Over Voted 0 Number Of Under Votes 0 For (a Favor) 508 75.26%7.-. Against (en Contra) 167 24.74%'... Bond Prop No. 4 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100-0 % Vote For 1 Times Counted 682/5172 13.2 % Total Votes 673 Times Blank Voted 9 Times Over Voted 0 Number Of Under Votes 0 iz rr For (a Favor) 420 62.41 % "1 Against (en Contra) 253 37.590 Bond Prop No. 5 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % ; Vote For 1 Times Counted 682/5172 13.2 % - Total Votes 672 Times Blank Voted 10 Times Over Voted 0 Number Of Under Votes 0 For (a Favor) 537 79.91% '! Against (en Contra) 135 20.09% Proposition No. 1 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 Times Counted 682/5172 13.2 % Total Votes 656 Times Blank Voted 26 Times Over Voted 0 Number Of Under Votes 0 Yes (SQ 600 91.46% No (No) 56 8.54% Election Summary Report Date:05/20/11 General and Special Election Time:13: Page:2 19of 4 of4 p Summary For Jurisdiction Wide, All Counters, Prosper Combined Accumulated Totals Registered Voters 439740 - Cards Cast 774 0.18% Proposition No. 2 - Prosper Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Total 4 4 100.0 % 1 682/5172 13.2 % 655 27 0 0 Yes (Si) 613 93.59% f No (No) 42 6.41 Proposition No. 3 - Prosper Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Total 4 4 100.0 % 1 682/5172 13.2 % 653 29 0 0 i Yes (Si) 578 88.51% No (No) 75 11.49% Proposition No. 4 - Prosper Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Yes (Si) No (No) Proposition No. 5 - Prosper Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Yes (Si) No (No) Total Total 4 Number of Precincts 4 100.0 % 1 682/5172 13.2 % 645 Vote For 37 r 0 682/5172 0 Total Votes 584 90.54% 61 9.46% Total 4 4 100.0 % 1 682/5172 13.2 % € 651 31 0 0 609 93.55% 42 6.45% Num. Report Precinct 190 - Num. Reporting 190 100.00% Proposition No. 6 - Prosper IProposition No. 7 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 100.0 % Times Counted 682/5172 13.2 % Total Votes 647 1 Times Blank Voted 35 Times Over Voted 0 Number Of Under Votes 0 Yes (Si7 584 90.26% No (No) 63 9.74% IProposition No. 7 - Prosper Proposition No. 8 - Prosper Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Total 4 4 100.0 1 `I 682/5172 13.2 % 639 43 0 0 Yes (Sr) 588 92.02%' No (No) 51 7.98% '! Proposition No. 9 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 100.0 % Times Counted 682/5172 13.2 %' Total Votes 651 1 Times Blank Voted 31 Times Over Voted 0 Number Of Under Votes 0 Yes (M) 603 92.63% No (No) 48 7.37% Proposition No. 8 - Prosper Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Total 4 4 100.0 1 `I 682/5172 13.2 % 639 43 0 0 Yes (Sr) 588 92.02%' No (No) 51 7.98% '! Proposition No. 9 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 Times Counted 682/5172 13.2 Total Votes 652 Times Blank Voted 30 Times Over Voted 0 Number Of Under Votes 0 , Yes (Sr) 631 96.78% No (No) 21 3.22%j Election Summary Report Date:05/20/11 Time: 13:19:17 General and Special Election Page:3 of 4 Summary For Jurisdiction Wide, All Counters, Prosper Combined Accumulated Totals Registered Voters 439740 - Cards Cast 774 0.18% Proposition No. 10 -Prosper Proposition No. 11 - Prosper Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Total 4 4 100.0 % 1 682/5172 13.2 % 653 29 i 0 0 Num. Report Precinct 190 - Num. Reporting 190 Total Proposition No. 14 - Prosper Number of Precincts 4 "i Precincts Reporting 4 100.0 %'_' Vote For 1 Precincts Reporting Times Counted 682/5172 13.2 % Total Votes 641 Times Counted Times Blank Voted 41 Total Votes Times Over Voted 0 Times Blank Voted Number Of Under Votes 0 Times Over Voted Yes (Si) 585 91.26% No (No) 56 8.74% Proposition No. 11 - Prosper Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Total 4 4 100.0 % 1 682/5172 13.2 % 653 29 i 0 0 Num. Report Precinct 190 - Num. Reporting 190 100.00% Proposition No. 14 - Prosper Total "i Total 4 Number of Precincts 4 4 Precincts Reporting 4 100.0 Vote For 1 682/5172 Times Counted 682/5172 13.2 % Total Votes 624 48 Times Blank Voted 58 0 Times Over Voted 0 0 Number Of Under Votes 0 561 Yes (Si) 551 88.30%:1 No (No) 73 11.70% Proposition No. 15 - Prosper Total "i Number of Precincts 4 i :: Precincts Reporting 4 100.0 % Vote For 1 E. Times Counted 682/5172 13.2 Total Votes 634 Times Blank Voted 48 Times Over Voted 0 100.0 % Number Of Under Votes 0 100.0 % Yes (Si) 561 88.49% No (No) 73 11.51% Proposition No. 12 - Prosper i :: Proposition No. 16 - Prosper Total E. Total Number of Precincts 4 Number of Precincts 4 Precincts Reporting 4 100.0 % Precincts Reporting 4 100.0 % Vote For 1 Vote For 1 Times Counted 682/5172 13.2 % Times Counted 682/5172 13.2 %' Total Votes 633 Total Votes 625 Times Blank Voted 49 Times Blank Voted 57 Times Over Voted 0 Times Over Voted 0 Number Of Under Votes 0 " Number Of Under Votes 0 Yes (Si) 587 92.73% Yes (Sid 566 90.56% No (No) 46 7.27%1- No (No) 59 9.44% ii&' Proposition No. 13 - Prosper Proposition No. 17 - Prosper Total Total Number of Precincts 4 Number of Precincts 4 Precincts Reporting 4 100.0 % Precincts Reporting 4 100.0 % Vote For 1 Vote For I Times Counted 682/5172 13.2 % Times Counted 682/5172 13.2 % .. Total Votes 627 Total Votes 643 Times Blank Voted 55 Times Blank Voted 39 Times Over Voted 0 Times Over Voted 0 Number Of Under Votes 0 Number Of Under Votes 0 Yes (SI) 575 91.71 % Yes (Si) 511 79.47%. No (No) 52 8.29% . No (No) 132 20.53% Election Summary Report Date:05/20/11 Time:13:19:1 General and Special Election Page:4 of Summary For Jurisdiction Wide, All Counters, Prosper Combined Accumulated Totals Registered Voters 439740 - Cards Cast 774 0.18% Proposition No. 18 - Prosper Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Total 4 Proposition No. 20 - Prosper 4 100.0 % 1 Total 682/5172 13.2 % . 639 100.0 % 43 4 100.0 %, �. 0 13.2 % .- Proposition No. 21 - Prosper Proposition No. 20 - Prosper Total 4 Number of Precincts Total Vote For Number of Precincts 4 100.0 % Precincts Reporting 4 100.0 %, Vote For 1 13.2 % .- Times Counted 682/5172 13.2 % Total Votes 626 Times Blank Voted 56 Times Over Voted 0 Number Of Under Votes 0 91.11% Yes (Si) 576 92.01% No (No) 50 7.99% Proposition No. 21 - Prosper Total Total 4 Number of Precincts 4 Vote For Precincts Reporting 4 100.0 % Vote For 1 Times Blank Voted Times Counted 682/5172 13.2 % .- Total Votes 619 Times Blank Voted 63 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) 564 91.11% No (No) 55 8.89% Num. Report Precinct 190 - Num. Reporting 190 100.00% Proposition No. 22 - Prosper Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 Times Counted 682/5172 13.2 % Total Votes 621 Times Blank Voted 61 Times Over Voted 0 Number Of Under Votes 0 Yes (Si) No (No) X253 vj.66/0 38 6.12%