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05.19.2014 Town Council Special Meeting PacketPage 1 of 1 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. 2. Pledge of Allegiance and Pledge to the Texas Flag. 3. Consider and act upon an ordinance canvassing the returns and declaring the results of the May 10, 2014, General Election. 4. Administer Oaths of Office and Present Certificates of Election. 5. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on May 16, 2014, at 6:00 p.m. and remained so posted at least 72 hours before said meeting was convened. _________________________ _________________________ Robyn Battle, Town Secretary Date Noticed Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569-1011 at least 48 hours prior to the meeting time. AGENDA Meeting of the Prosper Town Council SPECIAL CALLED MEETING TO CANVASS ELECTION Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Monday, May 19, 2014 6:00 p.m. Page 1 of 2 To: Mayor and Town Council From: Robyn Battle, Town Secretary Through: Harlan Jefferson, Town Manager Re: Special Called Town Council Meeting – May 19, 2014 Agenda Item: Consider and act upon an ordinance canvassing the returns and declaring the results of the May 10, 2014, General Election. Description of Agenda Item: The Town of Prosper held a General Election on May 10, 2014, in accordance with the Texas Election Code. The Collin County and Denton County Early Voting Ballot Boards reconvened on May 16th to count provisional ballots. The proposed ordinance includes the final totals of votes cast in the May 10th election. The following are the results of the tabulation: The Town Charter states that the candidate for elective office receiving a majority of the votes cast shall be declared the winner; therefore, as the Town Secretary of the Town of Prosper, I certify that the following persons were duly elected to the respective positions shown: Town Council, Place 3 Curry Vogelsang Jr. Town Council, Place 5 Brett Michael Davis Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., reviewed the attached Ordinance. Council Place/Candidate Collin County Election Totals Denton County Election Totals Combined Total Percentage Town Council, Place 3 Curry Vogelsang Jr. 466 0 466 100% Town Council, Place 5 Danny Wilson 207 1 208 34.55% Jon Kundak 91 0 91 15.12% Brett Michael Davis 303 0 303 50.33% Total Votes for Place 5: 601 1 602 100% Prosper is a place where everyone matters. ADMINISTRATION Page 2 of 2 Attached Documents: 1. Ordinance 2. Collin County Canvass Reports 3. Denton County Canvass Reports Town Staff Recommendation: Town staff recommends that the Town Council adopt an ordinance canvassing the returns and declaring the results of the May 10, 2014, General Election, in accordance with state law and the Town of Prosper Charter. Proposed Motion: I make a motion to adopt an ordinance canvassing the returns and declaring the results of the May 10, 2014, General Election, in accordance with state law and the Town of Prosper Charter. TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 10, 2014, FOR THE PURPOSE OF ELECTING TOWN COUNCIL PLACE 3, AND TOWN COUNCIL PLACE 5; PROVIDING FOR 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 (the “Town”), on May 10, 2014, for the purpose of electing Town Council Place 3, and Town Council Place 5; and WHEREAS, the Collin County Elections Administrator and the Denton County Elections Administrator that held said General Election have duly made the returns 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 election ___ early votes, and ___ election day votes as shown in the election results heretofore attached as Exhibit “A,” and 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, said General 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 above are incorporated into the body of this Ordinance as if fully set forth herein. 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 Curry Vogelsang 466 Ordinance No. 14-__, Page 2 TOWN COUNCIL, PLACE 5 The canvass of the returns of the General Election held on May 10, 2014, reflects that the following persons were duly elected to the respective positions shown: Town Council, Place 3 Curry Vogelsang Jr. Town Council, Place 5 Brett Michael Davis SECTION 3 Savings/Repealing Clause. 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 4 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 5 Effective Date. This 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 19TH DAY OF MAY, 2014 APPROVED: _______________________________ Ray Smith, Mayor Candidate Total Votes Received Danny Wilson 208 Jon Kundak 91 Brett Michael Davis 303 Ordinance No. 14-__, Page 3 ATTEST: _______________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM: _____________________________ Terrence S. Welch, Town Attorney Election Summary Report Collin County, TX General and Special Elections May 10, 2014 Summary For Jurisdiction Wide, All Counters, Prosper City Early Voting and Election Day Combined Accumulated Totals Date:05/16/14 Time:15:35:03 Page:1 of 1 Registered Voters 236613 - Cards Cast 611 0.26%Num. Report Precinct 105 - Num. Reporting 105 100.00% Prosper Council Place 3 Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 Times Counted 611/7480 8.2 % Total Votes 466 Times Blank Voted 145 Times Over Voted 0 Number Of Under Votes 0 Curry Vogelsang Jr. 466 100.00% Prosper Council Place 5 Total Number of Precincts 4 Precincts Reporting 4 100.0 % Vote For 1 Times Counted 611/7480 8.2 % Total Votes 601 Times Blank Voted 10 Times Over Voted 0 Number Of Under Votes 0 Danny Wilson 207 34.44% Jon Kundak 91 15.14% Brett Michael Davis 303 50.42% Town of Prosper Canvass — Total Voters — Unofficial DENTON COUNTY — 2014 May Joint Election — May 10, 2014 Precincts Reporting 145 of 145 = 100.00%Total Number of Voters : 20,583 of 331,694 = 6.21% Page 1 of 2 05/16/2014 09:57 AM Number of District Voters: 2 of 370 = 0.54%District Precincts Reporting 1 of 1 = 100.00% Prosper Town Council, Place 3 Precinct Absentee Ballots Cast Early Ballots Cast Election Ballots Cast Total Ballots Cast TotalsRegistered Voters Percent Turnout Curry Vogelsang Jr.1004 0 1 2 370 0.54%0 01 Totals 0 1 1 2 370 0 0 Town of Prosper Canvass — Total Voters — Unofficial DENTON COUNTY — 2014 May Joint Election — May 10, 2014 Precincts Reporting 145 of 145 = 100.00%Total Number of Voters : 20,583 of 331,694 = 6.21% Page 2 of 2 05/16/2014 09:57 AM Number of District Voters: 2 of 370 = 0.54%District Precincts Reporting 1 of 1 = 100.00% Prosper Town Council, Place 5 Precinct Absentee Ballots Cast Early Ballots Cast Election Ballots Cast Total Ballots Cast Jon Kundak Brett Michael DavisTotalsRegistered Voters Percent Turnout Danny Wilson1004 0 1 2 370 0.54%1 0 0 11 Totals 0 1 1 2 370 1 0 0 1