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05.18.22 Town Council Special Meeting PacketPage 1 of 2 ] Prosper is a place where everyone matters. Notice Regarding Public Participation Welcome to the Prosper Town Council. Individuals may attend the meeting in person, or access the meeting via videoconference, or telephone conference call. Join the Zoom Meeting by clicking on the following link:https://us02web.zoom.us/j/88245295044 To join the meeting by phone, dial (346) 248-7799 Enter Meeting ID: 882 4529 5044 Addressing the Town Council: Those wishing to address the Town Council must complete the Public Comment Request Form located on the Town website or in Council Chambers. If you are attending in person, please submit this form to the Town Secretary prior to the meeting. When called upon, please come to the podium and state your name and address for the record. If you are attending online/virtually, please submit this form to the Town Secretary prior to 5:00 p.m. on the day of the meeting. Please ensure your full name appears on the screen and you are unmuted so the meeting moderator can recognize you and allow you to speak. The Chat feature is not monitored during the meeting. The Town assumes no responsibility for technical issues that are beyond our control. If you encounter any problems joining or participating in the meeting, please call our help line at 972-569-1191 for assistance. Call to Order/ Roll Call. Items for Individual Consideration: 1. Consider and act upon an ordinance canvassing the returns and declaring the results of the May 7, 2022, General Election. (MLS) Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 250 W. First Street, Prosper, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, May 13, 2022, and remained so posted at least 72 hours before said meeting was convened. Agenda Prosper Town Council Special Meeting Council Chambers Prosper Town Hall 250 W. First Street, Prosper, Texas Wednesday, May 18, 2022 7:30 AM Page 1 Page 2 of 2 _______________________________ _________________________ Michelle Lewis Sirianni, Town Secretary Date Notice 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. Page 2 Page 1 of 2 To: Mayor and Town Council From: Michelle Lewis Sirianni, Town Secretary Through: Harlan Jefferson, Town Manager Robyn Battle, Executive Director of Community Services Re: Tow n Council Special Meeting – May 18, 2022 Agenda Item: Consider and act upon an ordinance canvassing the returns and declaring the results of the May 7, 2022, General Election Description of Agenda Item: The Town of Prosper held a General Election on May 7, 2022, in accordance with the Texas Election Code. Collin County and Denton County Early Voting Ballot Boards are conducting and completing their counts of any outstanding ballots to be completed with entities notified as soon as possible and/or by May 17, 2022. Therefore, the Town of Prosper has not received the official count of results due to any possible outstanding provisional and/or overseas military ballots. The following reflects the “unofficial” tabulation of results. If the Town is informed of any changes to the totals, the ordinance will be updated prior to the meeting. Prosper is a place where everyone matters. TOWN SECRETARY’S OFFICE Page 3 Item 1. Page 2 of 2 David Bristol and Chris Kern ran unopposed in the General Election; therefore, they are automatically elected to the position of Mayor and Town Council, Place 4. 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 Marcus Ray has been duly elected to Town Council, Place 1. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance 2. “Unofficial” Tabulation of Results Town Staff Recommendation: Town staff recommends that the Town Council adopt an ordinance canvassing the returns and declaring the results of the May 7, 2022, General Election. Proposed Motion: I make a motion to approve an ordinance canvassing the returns and declaring the results of the May 7, 2022, General Election. Page 4 Item 1. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-23 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 7, 2022, FOR THE PURPOSE OF ELECTING A MAYOR, TOWN COUNCIL PLACE 1 AND TOWN COUNCIL PLACE 4; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), issued an order on February 8, 2022, directing that a General Election be held on May 7, 2022, for the purpose of electing a Mayor, Town Council Place 1, and Town Council Place 4; 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, notice of the general election was properly given by the Town as required by law; and WHEREAS, said election was duly and legally held on May 7, 2022, in the Town and in conformity with the election laws of the State of Texas, and the results of said election have been certified and returned by the proper judge and clerks thereof; and WHEREAS, the Town Council has considered the returns of said election held on May 7, 2022. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 All of the above premises are hereby found to be true and correct factual and legislative determinations of the Town of Prosper and are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2 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: Page 5 Item 1. Ordinance No. 2022-23, Page 2 The canvass of the returns of the General Election held on May 7, 2022, reflects that the following person was duly elected to the respective position shown: Mayor: David F. Bristol Town Council Place 1: Marcus E. Ray Town Council Place 4: Chris M. Kern SECTION 3 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 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 Combined Totals Early Voting Early Voting Election Day Early Voting Total Vote % In-Person Mail In-Person Provisional David F. Bristol 1,801 102 515 0 2,418 100.00% Totals 1,801 102 515 0 2,418 100.00% Overvotes 0 0 0 0 0 Undervotes 419 25 164 0 608 Combined Totals Early Voting Early Voting Election Day Early Voting Total Vote % In-Person Mail In-Person Provisional Thom Vars 664 25 176 0 865 31.51% Marcus E. Ray 1,378 82 420 0 1,880 68.49% Totals 2,042 107 596 0 2,745 100.00% Overvotes 0 0 1 0 1 Undervotes 178 20 82 0 280 Combined Totals Early Voting Early Voting Election Day Early Voting Total Vote % In-Person Mail In-Person Provisional Chris M. Kern 1,810 105 498 0 2,413 100.00% Totals 1,810 105 498 0 2,413 100.00% Overvotes 0 0 0 0 0 Undervotes 410 22 181 0 613 Mayor Councilmember Place 1 Councilmember Place 4 Page 6 Item 1. Ordinance No. 2022-23, Page 3 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 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 18TH DAY OF MAY, 2022. APPROVED: _______________________________ Ray Smith, Mayor ATTEST: __________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM: _____________________________ Terrence S. Welch, Town Attorney Page 7 Item 1. *Election results are unofficial until the Town of Prosper canvasses the election. Canvassing is scheduled for Wednesday, May 18 at 7:30 a.m. * Los resultados de las elecciones no son oficiales hasta que el Municipalidad de Prosper haga un escrutinio de las elecciones. El escrutinio está programado para el miércoles 18 de mayo a las 7:30 a.m. CERTIFICATION I, the undersigned authority, do hereby certify that this Unofficial Tabulation of Results was posted at Prosper Town Hall, located at 250 W . First Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said notice was posted at 10:30 p.m. on May 7, 2022. _______________________________ _________________________ Michelle Lewis Sirianni, Town Secretary Date Notice Removed Combined Totals Early Voting Early Voting Election Day Early Voting Total Vote % In-Person Mail In-Person Provisional David F. Bristol 1,801 102 515 0 2,418 100.00% Totals 1,801 102 515 0 2,418 100.00% Overvotes 0 0 0 0 0 Undervotes 419 25 164 0 608 Combined Totals Early Voting Early Voting Election Day Early Voting Total Vote % In-Person Mail In-Person Provisional Thom Vars 664 25 176 0 865 31.51% Marcus E. Ray 1,378 82 420 0 1,880 68.49% Totals 2,042 107 596 0 2,745 100.00% Overvotes 0 0 1 0 1 Undervotes 178 20 82 0 280 Combined Totals Early Voting Early Voting Election Day Early Voting Total Vote % In-Person Mail In-Person Provisional Chris M. Kern 1,810 105 498 0 2,413 100.00% Totals 1,810 105 498 0 2,413 100.00% Overvotes 0 0 0 0 0 Undervotes 410 22 181 0 613 Mayor Councilmember Place 1 Councilmember Place 4 Prosper is a place where everyone matters. MAY 2022 GENERAL ELECTION “UNOFFICIAL” ELECTION RESULTS MAYO 2022 ELECCIÓN GENERAL RESULTADOS "NO OFICIALES" DE LAS ELECCIONES * Page 8 Item 1.