03-01 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 03-01
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DESIGNATING A POLLING PLACE AND SETTING FORTH THE
ELECTION PRECINCT WITHIN THE TOWN OF PROSPER, TEXAS FOR
THE ELECTION ORDERED TO BE HELD ON FEBRUARY 1, 2003 FOR THE
PURPOSE OF APPROVING OR DISAPPROVING THE PROPOSITION OF
REDUCING THE TAX RATE IN THE TOWN OF PROPPER, TEXAS FOR
THE CURRENT YEAR, FROM 2002 TO 2003; APPOINTING AN ELECTION
JUDGE AND AN ALTERNATE JUDGE; APPOINTING ELECTION CLERKS;
ESTABLISHING COMPENSATION OF ELECTION JUDGES AND CLERKS;
ESTABLISHING PROCEDURES FOR VOTING AND EARLY VOTING;
PROVIDING FOR PUBLICATION AND POSTING OF NOTICE;
AUTHORIZING THE TOWN SECRETARY TO MAKE SUBMISSIONS TO
THE UNITED STATES JUSTICE DEPARTMENT FOR PRE -CLEARANCE
APPROVAL; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING
THE ELECTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about November 12, 2002, the Town Council of the Town of Prosper,
Texas ("Town Council"), received a petition signed by qualified voters of the taxing unit of the
Town of Prosper, Texas ("Prosper") to require that an election be held to determine whether or
not to reduce the tax rate adopted for the current year, 2002-2003, to the rollback tax rate
calculated as provided by Chapter 26 of the Texas Tax Code (the "Petition"); and
WHEREAS, Chapter 26 of the Texas Tax Code requires that an election be ordered; and
WHEREAS, on December 2, 2002, the Town Council adopted Resolution No. 02-58
ordering an election to be conducted on Saturday, February 1, 2003 for the purpose of approving
or disapproving the proposition of reducing the tax rate in Prosper for the current year, from
2002 to 2003; and
WHEREAS, by this Resolution, it is the intention of the Town Council to designate a
polling place for election, appoint the election judge and provide for other necessary officers and
to establish procedures for conducting the election; and
WHEREAS, these are no changes from prior practices, but all special elections require
pre -clearance under the Federal Voting Rights Act.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: POLLING PLACE: The polling place for the Special Election for the
single precinct of the Town shall be Prosper High School Library, 300 Eagle Lane, Prosper,
Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on election day, in accordance with
and pursuant to the requirements of the Texas Election Code (the "Code"). In accordance with
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established and past practices, the single precinct of the Town includes the incorporated area
within the Town limits.
SECTION 2: APPOINTMENT OF ELECTION JUDGE AND ALTERNATE
ELECTION JUDGE: The following named individuals, residing at the respective addresses are
hereby appointed to serve as Presiding Election Judge and Alternate Presiding Election Judge,
respectively, at the election:
PRESIDING JUDGE:
Name: Judy Rucker
Address: 110 East Seventh Street
Prosper, Texas 75078
ALTERNATE JUDGE:
Name: Loyd Rucker
Address: 110 East Seventh Street
Prosper, Texas 75078
The Election Judge and Alternate Judge shall be qualified voters of the Town. The Town
Secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judge
and the Alternate Judge, notice of their appointments not later than twenty (20) days from the
effective date of this Resolution.
SECTION 3: APPOINTMENT OF CLERKS: The Presiding Judge for the polling place
shall appoint Election Clerks as many additional clerks as are necessary for the proper conduct of
the election.
SECTION 4: COMPENSATION OF THE ELECTION JUDGE AND ELECTION
CLERKS: The Presiding Election Judge shall be compensated at the rate of $10.00 per hour in
accordance with Section 32.091 of the Code. Alternate Presiding Judge and each Election Clerk
shall be compensated at the rate of $8.00 per hour in accordance with Section 32.091 of the
Code. The Presiding Election Judge shall also be paid the additional sum of $15.00 for
delivering the returns of the election in accordance to Section 32.092 of the Code.
SECTION 5: METHOD OF VOTING: The Town Secretary is hereby authorized and
instructed to provide and furnish all necessary election supplies to conduct the Special Election
in accordance with this resolution. Voting at the election shall be by ballot and shall be
conducted in accordance with the Code.
SECTION 6: GOVERNING LAW AND QUALIFIED VOTERS: The election shall be
held in accordance with the Constitution of the State of Texas and the Texas Election Code and
the Texas Tax Code, and all resident qualified voters of the Town shall be eligible to vote at the
election.
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SECTION 7: PUBLICATION AND POSTING OF NOTICE OF ELECTION: Notice of
the election shall be published at least once, no earlier than January 2, 2003 and no later than
January 22, 2003, in the newspaper in accordance with the provisions of the Code. Additionally,
notice shall be posted no later than January 13, 2003, in the regular place for posting public
notices of the Town, and shall remain posted continuously through election day, February 1,
2003.
SECTION 8: EARLY VOTING: Early Voting by personal appearance shall be
conducted between the hours of 8:00 a.m. and 5:00 p.m. on each day which is not a Saturday,
Sunday, or an official State holiday, beginning on January 15, 2003, and continuing through
January 28, 2003. Early voting hours shall include:
Wednesday
January 15, 2003
8:00 a.m. to 5:00 p.m.
Thursday
January 16, 2003
8:00 a.m. to 5:00 p.m.
Friday
January 17, 2003
8:00 a.m. to 5:00 p.m.
Saturday
January 18, 2003
Closed
Sunday
January 19, 2003
Closed
Monday
January 20, 2003
8:00 a.m. to 5:00 p.m.
Tuesday
January 21, 2003
8:00 a.m. to 5:00 p.m.
Wednesday
January 22, 2003
8:00 a.m. to 5:00 p.m.
Thursday
January 23, 2003
8:00 a.m. to 5:00 p.m.
Friday
January 24, 2003
8:00 a.m. to 5:00 p.m.
Saturday
January 25, 2003
Closed
Sunday
January 26, 2003
Closed
Monday
January 27, 2003
8:00 a.m. to 5:00 p.m.
Tuesday
January 28, 2003
8:00 a.m. to 5:00 p.m.
Early Voting by personal appearance shall be held at the Town of Prosper Administrative
Offices, 113 West Broadway, Prosper, Texas 75078. Applications for early voting by mail shall
be delivered to the early voting clerk at the Town of Prosper Administrative Offices, P.O. Box
307, Prosper, Texas 75078 not earlier than December 3, 2002, and not later than the close of
business on January 28, 2003, if delivered in person, and January 24, 2003, if delivered by mail.
Early Voting, both by personal appearance and by mail, shall be by ballot and shall be canvassed
by the Early Voting Ballot Board, which is hereby created. The Town Secretary shall serve as
the presiding officer of the Early Voting Ballot Board. The Town Secretary shall appoint at least
two (2) other members to serve on the Early Voting Ballot Board.
SECTION 9: SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT:
The Town Secretary of the Town of Prosper, or her authorized agent, shall make such.
submissions as are necessary to the United State Justice Department to seek pre -clearance
approval.
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SECTION 10: DELIVERY OF RETURNS: In accordance with the Code, immediately
after the closing of the polls on the day of the election, the election officers named in this
resolution shall make and deliver the returns to the election in triplicate as follows: one copy
shall be retained by the Presiding Judge; one copy shall be delivered to the Mayor of the Town;
and one copy of the returns together with the ballot boxes and all election supplies shall be
delivered to the Town Secretary. All election records and supplies shall be preserved by the
Town Secretary in accordance with the Code.
SECTION 1 l: NECESSARY ACTIONS: 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 Code, the Texas Tax Code and any
other state or federal law in carrying out and conducting the election, whether or not expressly
authorized herein and all actions previously taken are hereby ratified
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 61h day of January, 2003.
JAMES DUNMIRE, Mayor
ATTESTED AND CORRECTLY
RECORDED:
AMBER PHILLIPS,
Town Secretary
Date of Publication: January 10, 2003, in the McKinney Courier Gazette.
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