04-016 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 04-16
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
ORDERING A SPECIAL ELECTION PURSUANT TO THE ALCOHOLIC BEVERAGE CODE
TO BE HELD ON MAY 15, 2004; DESIGNATING A POLLING PLACE AND SETTING FORTH
THE ELECTION PRECINCT WITHIN 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 AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas (`Town") has received a petition in conformance with the
requirements of Chapter 251 of the Texas Alcoholic Beverage Code ("ABC"); and
WHEREAS, Chapter 251 of the ABC 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,
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, 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 is hereby ordered by the Town
Council of the Town of Prosper, Texas to be held on Saturday, May 15, 2004, at which the following shall
appear on the ballot:
❑ FOR THE LEGAL SALE OF BEER AND WINE FOR OFF-PREMISE
❑ AGAINST CONSUMPTION ONLY
SECTION 2: 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 75078. 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 ("Code"). In accordance with established and past practices, the single precinct of the
Town includes the incorporated area within the Town limits.
SECTION 3: APPOINTMENT OF ELECTION JUDGE AND ALTERNATE ELECTION JUDGE: The
following names 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: Glenn Gammons
Address: 45 Rhea Mills Circle, Prosper, TX. 75078
ALTERNATE JUDGE:
Name: Dan Tolleson
Address: P.O Box 712, Prosper, TX. 75078
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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 4: APPOINTMENT OF ELECTION CLERKS: The Presiding Judge for the polling place
shall appoint as many Election Clerks as are necessary for the proper conduct of the election, being not less
than two (2) or more than four(4).
SECTION 5: 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$25.00 for delivering the returns of the election.
SECTION 6: 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 paper ballots and shall be conducted in accordance with the Code.
SECTION 7: 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 ("Code") and the ABC, and
all resident qualified voters of the Town shall be eligible to vote at the election.
SECTION 8: PUBLICATION AND POSTING OF NOTICE OF ELECTION: Notice of the election
shall be published at least once, no earlier than April 15, 2004 and no later than May 4, 2004, in the newspaper
in accordance with Section 4.003(a)(1) of the Code. Additionally, notice shall be posted no later than April 23,
2004, 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 15, 2004.
SECTION 9: EARLY VOTING: The Town Secretary is hereby appointed clerk for early voting; the
appointment of a deputy clerk or clerks for early voting by the Town Secretary shall be in accordance with
Section 83.001 et seq. of the Texas Election Code. The Town Hall of the Town of Prosper located at 113 W.
Broadway Street, Prosper, Texas 75078 is hereby designated as the place for early voting for such election.
Said clerks shall keep said office open during the hours that the Town Hall is regularly open for business, that is,
from 8:00 a.m. until 5:00 p.m., Monday through Friday on each day for early voting which is not a Saturday, a
Sunday, or any official State holiday, beginning on April 28, 2004 and continuing through May 11, 2004. Said
clerks shall not permit anyone to vote early by personal appearance on any day which is not a regular working
day for the clerk's office, and under no circumstances shall they permit anyone to vote early by personal
appearance at any time when such office is not open to the public. The above-described place for early voting
is also the clerk's mailing address to which ballot applications and ballots voted by mail may be sent. The early
voting clerk, in accordance with the provisions of the Texas Election Code, shall maintain a roster listing each
person who votes early by personal appearance and each person to whom a ballot to be voted by mail is sent.
SECTION 10: 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 11: 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.
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SECTION 12: 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 9th day of March, 2004.
rles Nis nger, May
ATTEST:
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