06-089 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 06-89
AN RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS ("PROSPER" OR "TOWN"), ORDERING AN ELECTION TO BE
HELD ON NOVEMBER 7, 2006, FOR THE PURPOSE OF SUBMITTING TO
THE QUALIFIED VOTERS OF PROSPER A PROPOSED TOWN CHARTER;
DESIGNATING THE PLACES AT WHICH SAID ELECTION IS TO BE HELD
AND SETTING FORTH THE SINGLE ELECTION PRECINCT OF THE
TOWN; 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 A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas has determined to submit to
the qualified voters of Prosper ("Voters") for their adoption or rejection thereof a Home Rule Charter
of said Town ("Town Charter"), pursuant to the provisions of Chapter 9 of the Texas Local
Government Code; and
WHEREAS, Prosper has complied with all notices and public hearings as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION I: Findings Incorporated. The findings set forth above are incorporated into the
body of this Resolution as if fully set forth herein.
SECTION 2: Election Order; Election Date;Purpose Of Election. That there is hereby ordered
to be held in and throughout the Town of Prosper, Texas, an election ("Election") to be held on
November 7, 2006, which is the first authorized uniform election date prescribed by the Texas Election
Code that allows sufficient time to comply with the requirements of law for the purpose of submitting
a proposed Town Charter to the Voters. That at the Election, the proposed Town Charter, as
recommended by the Charter Commission, shall be submitted to the Voters of Prosper.
SECTION 3: Voting System. Voting on the date of the Election, and early voting therefore,
shall be by the use of a lawfully approved voting system. The preparation of the voting equipment to
be used in connection with such voting system and the official ballots for the Election shall conform to
the Texas Election Code ("Code"), as amended, so as to permit the electors to vote "Yes" or"No" on
adoption of the proposed Town Charter. Said ballots shall have printed therein such provisions,
markings, and language as may be required by law.
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SECTION 4: Polling Place. The polling place for the Special Election for Precinct 13 of the
Town shall be Rhea's Mill Baptist Church, 5733 N. Custer, McKinney, the polling place for Precinct
29 will be Prosper High School, 300 Eagle Lane, Prosper, and any other place lawfully designated by
Prosper. 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 Code. In accordance with established and past practices for Town
elections, the single precinct of the Town includes the incorporated area within the Town limits, which
shall include the area of all precincts established by the Collin or Denton County Commissioners'
Courts for purposes of state and federal elections which is located within the incorporated area of the
Town.
SECTION 5: Appointment Of Election Judge And Alternate Election Judge. The individuals
appointed to serve as Presiding Election Judge and Alternate Presiding Election Judge at the Election
are:
Judge, Precinct 13 - Mike Howard, 8881 Twin Mallets Lane, McKinney.
Alternate Judge, Precinct 13 -no name submitted by Democratic Party, County is looking to fill.
Judge, Precinct 29 - Cheryl Winger, 3230 Falcon Road, Prosper.
Alternate Judge, Precinct 29 -Vic Stalick, 3642 Quaile Hollow, Celina.
The Election Judge and Alternate Judge shall be legally qualified to hold their positions. In
accordance with the Code, notice of their appointments shall be delivered to the Presiding Judge and
the Alternate Judge, not later than twenty(20) days from the date of their appointment.
SECTION 6: 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 7: Compensation Of The Election Judge And Election Clerks. The Presiding
Election Judge shall be compensated a fee of $10 in accordance with Section 32.091 of the Code.
Alternate Presiding Judge and each Election Clerk shall be compensated at the rate of$8 per hour in
accordance with Section 32.091 of the Code.
SECTION 8: Method Of Voting. The Town Secretary is hereby authorized and instructed to
provide and furnish all necessary election supplies to conduct the Election in accordance with this
Resolution. Voting at the Election shall be conducted in accordance with the Code.
SECTION 9: 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 all resident qualified
voters of the Town shall be eligible to vote at the election.
SECTION 10: Publication And Posting Of Notice Of Election. Notice of the election shall be
published at least once, no earlier than October 8, 2006, and no later than October 30, 2006, in the
newspaper in accordance with Section 4.003(a)(1) of the Code. Additionally, notice shall be posted no
later than October 17, 2006, in the regular place for posting notice of meetings of the Town Council of
the Town, and shall remain posted continuously through Election day on November 7, 2006.
SECTION 11: Early Voting. See Exhibit "A"
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The Presiding Election Judge and the Alternate Presiding Election Judge appointed herein shall
serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting
Ballot Board. The other election officers serving at the election shall serve as the other members of the
Early Voting Ballot Board.
SECTION 12: Submissions To The United States Justice Department. The Town Secretary of
the Town of Prosper, or his designee, is authorized to make such submissions as are necessary to the
United State Justice Department to seek pre-clearance approval of the Town Charter.
SECTION 13: 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 14: Distribution of Proposed Charter/Necessary Actions. The Town Secretary shall
mail a copy of the proposed Charter to each registered voter of the Town on or before October 10,
2006.
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, any other state or federal law in carrying out and conducting the Election, whether or not
expressly authorized herein.
SECTION 15: Severability. Should any section, subsection, sentence, clause or phrase of this
Resolution be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Resolution shall remain in full force and effect.
Town hereby declares that it would have passed this Resolution, and each section, subsection,
sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared unconstitutional or invalid.
SECTION 16: Effective Date. This Resolution shall become effective immediately upon its
passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this the 22nd day of August, 2006.
Charles Niswanger, Mayor
ATTEST TO:
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atthew Denton, Town Secretary �
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Amended Exhibit "A"
November 7, 2006
General and Special Elections
Early Voting Locations, Dates and Hours
<p.oij ti pt:004 Address;: City t7 rec 141
Collin County Elections Administration 2010 Redbud Drive McKinney E. of Hwy 75
(Main Early Voting Location)
McKinney Courthouse 210 S. McDonald McKinney Hwy 5(McDonald & Davis)
Allen Municipal Courts Facility 301 Century Pkwy Allen E. of Hwy 75/S of McDermott
Carpenter Park Recreation Center 6701 Coit Road Plano Between Legacy&Spring Creek
CCCCD-Preston Ridge Campus 9700 Wade Blvd. Frisco E. of Preston Road
Christ United Methodist Church 3101 Coit Plano SW Corner of Coit and Parker
Harrington Library 1501 181"St Plano E. of Hwy 5
Murphy City Hall 206 N. Murphy Road Murphy N. of FM 544
PISD Administration Center 2700 W. 15`"St Plano Between Custer& Independence
Parr Library 6200 Windhaven Parkway Plano Off Communication Drive
Renner Frankford Library 6400 Frankford Dallas Hillcrest and Frankford
Wylie Municipal Building 2000 N. Hwy 78 Wylie N. of Downtown
Stiff day :A1Eanday; Tuesday f Wednesday Thursday ..0,014.iiMe:::iaM -Siiiiiiidijaninl
Oct 22 Oct 23 Oct 24 Oct 25 Oct 26 Oct 27 Oct 28
Early Voting Early Voting Early Voting Early Voting Early Voting Early Voting
8am-5pm 8am-5pm 8am-5pm 8am-5pm 8am-5pm 7am-7pm
Oct 29 Oct 30 Oct 31 Nov 1 Nov 2 Nov 3 Nov 4
Early Voting Early Voting Early Voting Early Voting Early Voting Early Voting
1pm-6pm 7am—7pm 7am-7 pm 7am—7pm 7am—7pm 7am—7pm
Nov 6 Nov 6 Nov 7 Nov 8 Nov 9 Nov 10 Nov 11
Election Day
7am-7pm
Temporary Branch Locations:
Celina City Hall, Oct 23 &Oct 24 302 W. Walnut Celina
only
Farmersville City Hall,Oct 26& 205 South Main Farmersville
Oct 27 only
Richardson Police Sub-Station, 2003 Reimer Richardson
Oct 23—28 only Road
Oct 22 Oct 23 Oct 2A Oct 25 Oct 26 Oct 27 Oct 28
Early Voting Early Voting Early Voting Early Voting Early Voting Early Voting
8am—5pm 8am—5pm 8am-5pm 8 am-5 pm 8 am—5 pm 7am-7pm
Celina& Celina& Police Sub- Farmersville& Farmersville& Police Sub-
Police Sub-Station Police Sub-Station Station Police Sub-Station Police Sub-Station Station
CCCCD-Spring Creek Campus, 2800 E. Spring Creek Pkwy. Plano
Oct. 30—Nov. 3 only (CCCCD Spring)
CCCCD-Central Park Campus,Oct 30, Oct 2200 W. University Drive McKinney
31 &Nov 1 only (CCCCD McK)
Texas Star Bank,Nov 2&Nov 3 only 402 W. White St. Anna
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Oct 29 Oct 30 Oct 31 Nov 1 Nov 2 Nov 3 Nov 4
Early Voting Early Voting Early Voting Early Voting Early Voting
7am—7pm 7am—7pm 7am—7pm 7am—7pm 7am—7pm
CCCCD McK& CCCCD McK& CCCCD McK& Anna& Anna&
CCCCD Spring CCCCD Spring CCCCD Spring CCCCD Spring CCCCD Spring
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