05-89 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 05.89
A RESOLUTION OF THE TOWN OF PROSPER, COLLIN AND DENTON COUNTIES, TEXAS,
ORDERING A SPECIAL ELECTION (LOCAL OPTION) PURSUANT TO THE TEXAS ELECTION CODE
TO BE HELD ON MAY 13, 2006; 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, the Town of Prosper, Texas ("Town") has received a petition in conformance with the requirements of
Chapter 501 of the Texas Election Code ("Code"); and
WHEREAS, Chapter 501 of the Code requires that the election be ordered following verification of sufficient
signatures; and
WHEREAS, by this Resolution, it is the intention of the Town Council to order an election on the issue; and
WHEREAS, changes from prior practices may 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: SPECIAL ELECTION ORDERED: A Special Election for local option is hereby ordered by the
Town Council of the Town of Prosper, Texas to be held on Saturday, May 13, 2006 for precincts 13 &29, at which the
following shall appear on the ballot:
u FOR THE LEGAL SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD
u AGAINST AND BEVERAGE CERTIFICATE HOLDERS ONLY.
SECTION 2: PUBLICATION AND POSTING OF NOTICE OF ELECTION: Notice of the election shall be
published at least once, no earlier than April 13, 2006 and no later than May 3, 2006, in the newspaper in accordance with
Section 4.003(a)(1) of the Code. Additionally, notice shall be posted no later than April 21, 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,
May 13, 2006, or as otherwise required by law.
SECTION 3: SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT: The Town Secretary, or
her designee, of the Town of Prosper is authorized to make such submissions as are necessary to the United State Justice
Department to seek pre-clearance approval for additional length of the absentee voting period.
SECTION 4: ELECTION RETURNS: Notice of this election shall be given in accordance with the provisions of
the Texas Election Code and returns of such notice shall be made as provided for in said Code. The Town Secretary shall
issue all necessary orders and writs for such election, and returns of such election shall be made to the Town Secretary
after the closing of the polls.
SECTION 5: GOVERNING LAW AND QUALIFIED VOTERS: The election shall be held in accordance with
the Constitution of the State of Texas, the Code and the Alcoholic Beverage Code ("ABC"), and all resident qualified voters
of the Town shall be eligible to vote at the election.
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SECTION 6: 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 ABC and any other state or federal law in carrying out and conducting the election, whether or not expressly
authorized herein.
DULY PASSED AND ADOPTED this the 13th day of December, 2005.
Charles Niswanger yor
ATTEST:
S anae Jennings, wn Secretary
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