11-025 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 11-025
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ("PROSPER" OR "TOWN"), ORDERING A
SPECIAL ELECTION PURSUANT TO THE TOWN CHARTER TO BE
HELD ON MAY 14, 2011, FOR THE PURPOSE OF SUBMITTING TO
THE QUALIFIED VOTERS OF PROSPER CERTAIN PROPOSED
AMENDMENTS TO THE EXISTING TOWN CHARTER, TO BE HELD IN
CONJUNCTION WITH THE JOINT GENERAL ELECTION ON MAY 141
2011; DESIGNATING THE PLACES AT WHICH SAID ELECTION IS TO
BE HELD AND SETTING FORTH THE ELECTION PRECINCTS WITHIN
THE TOWN; DESIGNATING THE COLLIN COUNTY ELECTIONS
ADMINISTRATOR TO ADMINISTER THE ELECTION; 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, on its own
motion, determined to submit to the qualified voters of Prosper ("Voters") for their
adoption or rejection thereof certain proposed amendments to the existing Home Rule
Charter of said Town ("Town Charter"), pursuant to the provisions of Section 9.004 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 ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings, Incorporated'. The findings set forth above are
incorporated into the body of this Ordinance 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, an election ("Election") to be
held on May 14, 2011, 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 and that occurs on or after the thirtieth (30th) day after the date of the adoption of
this Ordinance for the purpose of submitting certain proposed amendments to the
existing Town Charter of Prosper, as set forth in Section 3 of this Ordinance ("Proposed
Amendments") to the Voters. Said Election shall be held in conjunction with the Joint
Ordinance 11-025 Ordering Charter Amendment Election 1 588910 v1
General Election on May 14, 2011. Said Proposed Amendments shall be put forth to
the Voters in the form of ballot propositions as set forth in Section 6 of this Ordinance.
SECTION 3: Proposed Charter Amendments. That at the Election, the
Proposed Amendments to the Town Charter, attached hereto as Exhibit "A" and
incorporated as if fully set forth herein, shall be submitted to the Voters of Prosper in the
form of ballot propositions as set forth in Section 6 of this Ordinance.
SECTION 4: Desianation of Collin County Elections Administrator. The Collin
County Elections Administrator ("Administrator") shall administer the Election, pursuant
to the terms of a Contract for Elections Services between the Administrator and Prosper
("Contract").
SECTION 5: Voting stem. 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 each individual proposition. Said
ballots shall have printed therein such provisions, markings, and language as may be
required by law, and the propositions shall be set forth on said ballots in substantially
the form as set forth by Section 6 of this Ordinance.
SECTION 6: Official Ballot Pro ositions. The Proposed Amendments shall be
set forth to the Voters on the ballots in the form of propositions set forth on Exhibit "B,"
which is attached hereto and incorporated as if fully set forth herein.
SECTION 7: Town Precincts and Poll�ing Places. The Election Day precincts
and polling places where qualified voters shall cast ballots at such locations at the
Town, May 14, 2011 Special Election are as follows:
Town Precincts Polling Place
13, 29 and 178 Community Library
(Collin County) Reynolds Middle School
700 N. Coleman Road
Prosper, Texas 75078
101 (Denton County) Community Library
Reynolds Middle School
700 N. Coleman Road
Prosper, Texas 75078
Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the Election. In
accordance with established and past practices for Prosper elections, the precincts of
Prosper include the incorporated area within the Town limits, and shall include the area
of all precincts established by the Denton or Collin County Commissioners' Courts for
purposes of state and federal elections which is located within the incorporated area of
the Town.
Ordinance 11-025 Ordering Charter Amendment Election 2 588910 v1
SECTION 8: Early Voting. Early voting by personal appearance shall be
available at the Collin County Elections Office, 2010 Redbud Blvd., Suite 102,
McKinney, Texas 75069 and the Town of Prosper Municipal Chambers, 108 W.
Broadway, Prosper, Texas 75078, from 8:00 a.m. to 5:00 p.m., Monday through Friday,
beginning on Monday, May 2, 2011 and continuing through Tuesday, May 10, 2011,
during regular business hours which is from 8:00 a.m. to 5:00 p.m., for early voting
which is not a Sunday or any official State holiday, with extended voting hours being
held on Thursday, May 5, 2011 from 8:00 a.m. to 7:00 p.m., Saturday, May 7, 2011 from
8:00 a.m. to 5:00 p.m., Monday, May 9, 2011 from 7:00 a.m. to 7:00 p.m. and Tuesday,
May 10, 2011 from 7:00 a.m. to 7:00 pm, except that at the Town of Prosper Municipal
Chambers 108 W, Broadwa Pros er Texas 75078 ear,ly voting shall not be
available on Saturday,, May 7 2011 and early voting on Tuesday, May 10 2011 shall
be from 8:00 a.m. to 5:00 p.m. Applications for a ballot by mail shall be requested from
and mailed to the Collin County Elections Administration Office, Attn: Elections
Administrator, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. Applications for
a ballot by mail must be received no later than the close of business on May 6, 2011.
Ballots by mail must be received by 7:00 p.m. on May 14, 2011. Voters may vote at any
of the additional Early Voting locations open under full contract services with the Collin
County Elections Administration.
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 9: Appointment Of Election Judae And Alternate Election Judge. The
individuals appointed to serve as Presiding Election Judge and Alternate Presiding
Election Judge at the Election will be the same individuals designated to serve for all
elections occurring in the Town on May 14, 2011, and these individuals shall be
appointed by the Collin County Elections Administrator pursuant to the Contract. The
Collin County Elections Administrator shall comply with all provisions of the Code when
appointing these individuals.
SECTION 10: Appointment Of Clerks. The Collin County Elections
Administrator shall appoint Election Clerks and as many additional clerks as are
necessary for the proper conduct of the Election.
SECTION 11: Compensation Of The Election Judge And Election Clerks. The
compensation of the Presiding Election Judge, Alternate Presiding Judge and Election
Clerk(s) shall be as set forth in the Contract and in accordance with Section 32.091 of
the Code.
SECTION 12: Method Of Voting. Direct Record Electronic (DRE) voting
machines shall be used in this Election for early voting by personal appearance and
Election Day voting. Optical-scan ballots shall be used for early voting by mail. The
Town Secretary is hereby authorized and instructed to provide and furnish all necessary
Ordinance 11-025 Ordering Charter Amendment Election 3 588910 vl
election supplies to conduct the Election in accordance with this resolution. Voting at
the Election shall be conducted in accordance with the Code.
SECTION 13: Governing Law And Qualified Voters. The Election shall be held
in accordance with the Constitution of the State of Texas and the Code, and all resident
qualified voters of the Town shall be eligible to vote at the Election.
SECTION 14: Publication And Posting Of Notice Of Election. Notice of the
Election shall be published on the same day in each of two successive weeks, no earlier
than April 9, 2011 and no later than April 30, 2011, in the newspaper in accordance with
Section 9.004(c) of the Texas Local Government Code. Additionally, notice shall be
posted no later than April 23, 2011, 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 14, 2011.
SECTION 15: Submissions To The United States Justice Department. The
Town Secretary of Prosper, or his/her designee, 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 16: 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; 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 : 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, any other
state or federal law in carrying out and conducting the Election, whether or not
expressly authorized herein.
SECTION 18: Severabilit . 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 and all remaining portions of this Ordinance
shall remain in full force and effect. Town hereby declares that it would have passed this
Ordinance, 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 19: Effective Date. This Ordinance shall become effective from and
after its adoption and publication as required by the Town Charter and by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, on this 8t" day of March, 2011,
Ordinance 11-025 Ordering Charter Amendment Election 4 588910 0
RAY SMI H, Mayor
ATTEST TO: APPROVED AS TO FORM:,
KAR N GILL ABERNATHY, ROEDER, BOYD
Interim Town Secretary & JOPLIN, P.C.
REBECCA BREWER
Town Attorneys
Date of Publication: AAak(,° Dallas Morning News
OF P&0
a
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'� �EXpSvo.
Ordinance 11-025 Ordering Charter Amendment Election 5 588910 vl
EXHIBIT "A"
PROPOSED CHARTER AMENDMENTS
The Charter Commission of the Town of Prosper reported its recommendations and findings to
the Town Council as required by the Town Charter. The Town Council amended the Charter
Commission's recommendations and findings and has determined that the following Proposed
Amendments to the Town Charter shall be submitted to the Voters of Prosper at the Election.
The Proposed Amendments are designated below in accordance with the ballot proposition
number the amendment would appear as on the ballot:
PROPOSITION NO. 1
Shall the Charter be amended throughout to correct non-substantive errors such as misspellings,
punctuation, grammar and sentence structure, clarify meanings of terms and use consistent
terminology, outline paragraph numbering and renumbering, conform to requirements and/or
provisions of state and/or federal law and/or Town ordinances, and revise references to repealed
or obsolete provisions of state law?
PROPOSITION NO. 2
Shall Section 1.02 (2) (The Boundaries) of the Charter be amended to state that the records of the
Town's boundaries shall be kept on file with the Town Secretary?
SECTION 1.02 The Boundaries—Amended to react as follows:
The citizens of the Town, Collin and Denton County, Texas, residing within its corporate
limits, as heretofore or hereafter established, are hereby constituted and shall continue to
be a municipal body politic and corporate, in perpetuity, under the name of the "Town of
Prosper" with such powers, privileges, rights, duties, authorities, and immunities, as are
herein provided. The records of the Town of Prosper's boundaries shall be kept on file with
the Town Secretarv.
PROPOSITION NO. 3
Shall Section 3.01 (1) and (2) (Composition), and a new Section 3.02 (Limitations on Terms),
with subsequent sections in Article III being renumbered accordingly, of the Charter be amended
and added, respectively, to provide for clarification on the election of the places held by Council
Members and Mayor; providing that no person shall serve as Mayor for more than three (3)
successive elected terms; providing that no person shall serve as Council Member for more than
three (3) successive elected terms; providing that no person shall serve as Council Member and
Mayor (combined) for more than eighteen (18) consecutive years; providing specific guidelines
for computing the limitations on terms; and providing that any Council Member or Mayor who is
ineligible to run for office due to term limitations shall remain ineligible for a period of ten (10)
Ordinance 11-025 Ordering Charter Amendment Election 7 588910 vl
months following the expiration of the most recent term of office of which he or she was
elected?
SECTION 3.01 Composition-Amended to read as follows:
(1) The "Town Council' shall be composed of a "Mayor" and six (6) "Council Members"
elected under the Place System, with their being Places 1, 2, 3, 4, 5 and 6. The Mayor and
each Council Member shall be elected at large, and unless sooner removed under the
provisions of this Charter, shall serve for a term of three (3) years, and until their successor
has been elected and duly qualified. All of the Town Council holding office at the time of
passage of any amendments to this Charter shall continue to hold their respective office
until the respective term for which they were elected expires. `I llaee tee-ole ( sllle
+ w�wted���lrll�e-dte�t�h�:la ��nn��'. , e�--Tl�t Meted-ley-the-.a�l�l�tf
therffiee ol.lrree ,hall lie frl' peeh�sl itlt ol� (ldt � 1' a. s
a t r-suc"—ftenot r n-ate" -with ww:ll�1 f o r�itu ie o a�t1at�T arts
�N�tha�`��el :-T�l� -to�lnee -;�lu�t -lie-�f�anlr�a�l-�r4��-epee" a �-t��-1� -lltldn
rreeortl with- rr h�until tlr , t�el'eetion:
FUeelso ad 21 tl rawing-of-W"On i e tion-to-det-er-min+ whieh
l'ltaee-sh ill r eeeive a t ern- -d--whieh--Ph *e$l1-4l
thereatter _:1'lu l� sllinll lave th ye mr mt radn ars l 'o�-tl r 8-el",t ole for
luees l-i ache-t h l loos-faflowit th",eetio", "ete .-h eh
one Pluee�l���1 r��t �ttr tee- tom wltw 1
�l� s ° . ml t1eeei three-yew=
ternt-�-t + reafter, Pt 4-� 5 l 11 h e tl ea terlrrt, 1"1 1 t"-slt leav tt
�tlat�° ea.r..�ter�tn ��tr�ii i�-�tl�te `10�-e "ouw�- laee�t�hll-l:-,��e-t�-three-year;
to n--be inrtting-w4th--the .Mhy 0( eetiow Terms of the Council. Members shall be
.staggered sothat every year there shall be art election for two (2) of the Places as follows:
Places I and 4• Places 2 and 6• and Places 3, and 5. The Mayor shall be elected in the same
year as Places l and 4..
SECTION 3.02 Limitations on Terms-Added to read as follows:
Section 3.02 Limitations on Terms
No person shall ;serve as Mayor for more than three (31 consecutive elected terms and no
person shall serve as Council Member for more than three (3) consecutive elected terms.
No person shall serve as a Council Member and Mavor (combined) for more than eighteen
(IS) consecutive vears.
For ur poses of this Section 3.02 and cont utin x the limitations on terms:
(1) a Mavor or Council Member. who vacates, for anv reason. Town office
before the end of the term for which he was elected shall be considered to
have completed that term.
2) an appointment or election to fulfill an unexpired Council Member term, or
unexpired Mavor term if applicable, shall be computed as follows:
(i) if fifty percent (50%) or more of the term is remaining. it shall he
included in the computation of term limits: or
Ordinance 11-025 Ordering Charter Amendment Election 8 588910 vl
(ii) if less than fifty percent(50%) of the term is remaining, it shall not
be included in the computation of term limits.
Anv Council Member or Mavor. who is ineligible to run for elected Town office due to the
limitations on terms as provided herein. shall remain ineligible to hold an elected Town
office for a period of ten (10) months following the expiration of the most recent term of
Town office for which he or she was elected.
To account for the transition to term limits, the, term that each person on the Town Council
is currently filling, as of January 1. 2011. and all terms consecutive1v served prior to that
current term shall not count for the purposes of whether three (3) consecutive terms have
been served.
PROPOSITION NO. 4
Shall newly renumbered Section 3.05(2) and (3) (Mayor, Mayor Pro-Tem and Deputy Mayor
Pro-Tem) of the Charter be amended to provide that the Mayor Pro Tem and Deputy Mayor Pro
Tem may be elected at the first regular meeting after any run-off election?
SECTION 3.05(2) and (3) Mayor, Mayor Pro-Tem and Deputy Mayor Pro-Tem—Amended to
read as follows:
(2)The Mayor Pro-Tem shall be a Council Member elected by the Town Council at the first
regular meeting after each election of Council Members and/or Mayor or at the first
reLyular meeting after any applicable run-off election. whichever is later. The Mayor Pro-
Tem shall act as Mayor during the disability or absence of the Mayor, and in this capacity
shall have the rights conferred upon the Mayor.
(3)The Deputy Mayor Pro-Tem shall be a Council Member elected by the Town Council at
the first regular meeting after each election of Council Members and/or Mayor or at the
first regular meeting after any applicable run-off election. whichever is later. The Deputy
Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor and
Mayor Pro-Tem, and in this capacity shall have the rights conferred upon the Mayor.
PROPOSITION NO. 5
Shall newly renumbered Section 3.06(2) (Vacancies, Forfeiture and Filling of Vacancies) of the
Charter be amended to provide that if a member of the Town Council is absent for twenty-five
percent (25%) of regularly scheduled meetings during the twelve-month (12-month) period
immediately preceding and including the absence in question, then his or her office shall be
declared vacant; and providing that the 12-month period shall not begin until June 1, 2012?
SECTION 3.06(2) Vacancies, Forfeiture and Filling of Vacancies — Amended to read as
follows:
Ordinance 11-025 Ordering Charter Amendment Election 9 588910 vi
(2) If any member of the Town Council is absent from three (3) consecutive regular
meetings, or twent -five percent 25% of regularly scheduled meetings,during the twelve-
month 12-month period immediately preceditigand including the abse nee,,in guestion the
1112-monthperiod), without explanation acceptable to a majority of the remaining
members of the Town Council, his or her office shall be declared vacant at the next regular
meeting of the Town Council by resolution. The 12-month period shall not begin until June
1,2012.
PROPOSITION NO. 6
Shall newly renumbered Section 3.10 (Quorum) of the Charter be amended to clarify that if a
certain percentage of affirmative votes to pass a measure to be approved by Town Council is
required, the number of affirmative votes must be measured against the entire qualified Town
Council, not just the number present and voting?
SECTION 3.10 Quorum-Amended to read as follows:
SECTION 3.10 Quorum ,and Votin
Four (4) members of the Town Council shall constitute a quorum for the purpose of
transaction of business. No action of the Town Council, except as specifically provided in
this Charter, shall be valid or binding unless adopted by the affirmative vote of a majority
of the Town Council present. If a certain percentage of affirmative votes to bass a measure
is reauired, the number of affirmative votes must be measured aLyainst the entire qualified_
Town Council. not just the number present and voting.
PROPOSITION NO. 7
Shall newly renumbered Section 3.11 (Conflict of Interest) of the Charter be amended to clarify
that when any person on the Town Council has a conflict of interest, then they are not considered
present and voting for the purposes of calculating the outcome of a vote?
SECTION 3.11 Conflict of Interest—Amended to read as follows:
Should any person on the Town Council have a conflict of interest, pursuant to any state
laws and/or Town ordinances regulating conflicts of interest of municipal officers, with an
agenda item then before the Town Council, he or she shall openly declare same before
discussion proceeds, and he or she is thereby prohibited from discussing the item or voting
on the question, and is not considered as present and voting for the purposes of the dally
calculating the outcome of a vote.
PROPOSITION NO. 8
Ordinance 11-025 Ordering Charter Amendment Election 10 588910 vi
Shall newly renumbered Section 3.18 (Bond) of the Charter be amended to require all municipal
officers and employees who receive or pay any monies of the Town to be bonded or cause each
to be covered under a Public Employee Dishonesty Property Crime Coverage Policy and that
such bond or policy coverage limits shall be determined by the Town Council?
SECTION 3.18 Bond-Amended to read as follows:
The Town Council shall require bonds-e€all municipal officers and employees who receive
or pay out any monies of the Town to be bonded or cause each to be covered under a Public
Employee Dishoncs Property Crime Coverage Policy with a conipany that maintains a
minimum rating of "A" by _A-M, Rest's Key Rating Guide. or other eauivalent rating
service(s). authorized to transact business in the State of Texas. The amount of the bonds
or policy coverage limits shall be determined by the Town Council and the cost shall be
borne by the Town.
PROPOSITION NO. 9
Shall newly renumbered Section 3.19 (Code of Ethics) of the Charter be amended to state that
the Town Council shall maintain a Code of Ethics?
SECTION 3.19 Code of Ethics-Amended to read as follows:
The Town Council shall itlltin-on"t.i.ii di ed- igh4.y 180 -after--h"i tt" -t ty
200-7-eleetio adopt and maintain, by ordinance or resolution, a Code of Ethics for the
purpose of, among other things, establishing and defining the bounds of reasonable ethical
behavior by the Town Council and all appointed Town Officials.
PROPOSITION NO. 10
Shall Section 4.06 (2) (Personnel System) of the Charter be amended to add that the personnel
rules prepared by the Town Manager and adopted by the Town Council shall include the
procedure for the giving and receiving of gifts by Town employees?
SECTION 4.06 (2) Personnel System-Amended to read as follows:
(E) A plan for the annual oral and written evaluation based on a job description for all
Town employees by their immediate supervisor, including evaluation of the Town
Manager, Town Secretary, Municipal Judge, and Town Attorney by the Town Council;
and
JF) Procedure for the giving anti receiving of gifts by Town employees.
PROPOSITION NO. 11
Ordinance 11-025 Ordering Charter Amendment Election 11 588910 v1
Shall Section 5.02 (2) (Filing for Office) of the Charter be amended to clarify that a candidate for
a Town office must have resided in the corporate limits of the Town, or annexed territory, for at
least twelve (12) months immediately preceding the filing date?
SECTION 5.02 (2) Filing for Office-Amended to read as follows:
(C) Shall have resided within the corporate limits of the Town, or recently annexed
territory, for at least twelve (12) months prior-to immediately recedin the filing date.
PROPOSITION NO. 12
Shall Sections 6.02 (Petitions for Recall) and 6.13 (Initiative) of the Charter be amended to
clarify petition signature requirements by qualified voters; designating the percentage of required
signatures be at least thirty (30) percent of the number of voters voting in the last regular Town
election; specifying that the requirements for information on each signer of the petition be as set
forth in the Texas Election Code; and making the requirements for initiative petitions the same as
in recall elections?
SECTION 6.02 Petitions for Recall-Amended to read as follows:
Before the question of recall of such officer shall be submitted to the registered voters of
the Town, a petition demanding such question to be so submitted shall first be filed with
the person performing duties of Town Secretary, which said petition must be signed by
c ualifled voters of the Town of at least thirty percent (30%) of the number of votes-cast
voters votrn in-at the last regular Town election, or one hundred and fifty (150),whichever
isgreater. Each si rarearat�rrr�•e
g g of such on a recall petition shall conform to the r•ea uilrements
for information as set forth in the Texas Election Code as amended-be-*-r-egiste� r
*M4
sir er�tu b+r =a afld t n �trr t coasrply rth n
of the- rw1,.'leet-iurr-Cod
SECTION 6.13 Initiative-Amended to read as follows:
Following a review by the Town Attorney for enforceability and legality, registered voters
of the Town may initiate legislation by submitting a petition addressed to the Town Council
which requests the submission of a proposed ordinance or resolution to a vote of the
registered voters of the Town. Said petition must be signed by c ualified voters of the Town
of at least thirty percent (30%) of the number of -,oto voters vothIg irr at the last
regular Town election, or one hundred and fifty (150), whichever is greater, and each copy
of the petition shall have attached to it a copy of the proposed legislation. The petition shall
be signed in the same manner as recall petitions are signed, as provided in this Article, and
shall be verified by oath in the manner and form provided for recall petitions in this
Article. The petition may consist of one (1) or more copies as permitted for recall petitions.
Such petition shall be filed with the person performing the duties of Town Secretary.
Within twenty-one (21) days after the filing of such petition, the person performing the
duties of Town Secretary shall present said petition and proposed ordinance or resolution
Ordinance 11-025 Ordering Charter Amendment Election 12 588910 v1
to the Town Council. Upon presentation to the Town Council, it shall become the duty of
the Town Council, within two (2) regularly scheduled Town Council meetings after the
receipt thereof, to pass and adopt such ordinance or resolution without alteration as to
meaning or effect in the opinion of the persons filing the petition, or to call a special
election, to be held within thirty (30) days thereafter and/or on a date allowed under the
Texas Election Code, at which the registered voters of the Town shall vote on the question
of adopting or rejecting the proposed legislation. However, if any other municipal election
is to be held within sixty (60) days after the filing of the petition, the question may be voted
on at such election. Any election order so issued shall comply fully with the Texas Election
Code. Unless otherwise provided by law, any election for an initiative under this Charter
shall be held on the first authorized uniform election date that occurs after the sixty-fifth
(65th) day after the petition was presented to the Town Council.
PROPOSITION NO. 13
Shall Sections 7.05 (Public Hearing on Budget), 7.11 (Capital Program), 7.14 (Borrowing) and
7.18 (Independent Audit) of the Charter be amended to state that the required public hearing
shall be scheduled in accordance with the Local Government Code; providing that the Capital
program will be updated and presented to the Town Council annually; clarifying that the Town
may exercise powers to finance public improvements or for any other public purpose not
prohibited by state law; and providing that the Independent Auditor's Report and Annual
Financial Report shall be published on the Town's website ?
SECTION 7.05 Public Hearing on Budget—Amended to read as follows:
At the Town Council meeting when the budget is submitted, the Town Council shall name
the date and place of a public hearing,which shall be schedule(] and shall have published in
accordance with the re uirements of Cha iter 102 Local Government C"ode as amended.
fl�fl 1 0 pe"f-the-T-ow 4-at least-twietown e l la l i h wilf t l
tllllln l�lucw nor tle hrftr= t1�wtoc�roti+ At this hearing,
interested citizens may express their opinions concerning items of expenditures, giving
their reasons for wishing to increase or decrease any items of expense.
SECTION 7.11 Capital Program—Amended to read as follows:
The above information may be revised and extended each year with regard to capital
improvements still pending or in process of construction or acquisition. The (-.,'ate.
Program will be updated and presented to the Town Council annual
SECTION 7.14 Borrowing—Amended to read as follows:
Ordinance 11-025 Ordering Charter Amendment Election 13 588910 v1
The Town shall have the power to borrow money on the credit of the Town and also to
issue or incur bonds and other evidences of indebtedness and such Owers may be
exercised to finance public improvements or for any other public purpose not prohibited
by the Constitution and the laws of the State of Texas, and the Town may to issue
refunding bonds to refund outstanding bonds and other evidences of indebtedness of the
Town previously issued or incurred.
SECTION 7.18 Independent Audit—Amended to read as follows:
At the close of each fiscal year, and at such other times as may be deemed necessary, the
Town Council shall call for an independent audit to be made of all accounts of the Town by
a certified public accountant. No more than five (5) consecutive annual audits shall be
completed by the same firm. The certified public accountant selected shall have no
personal interest, directly or indirectly, in the financial affairs of the Town or any of its
officers. The report of audit,with the auditor's recommendations will be made to the Town
Council. Upon completion of the audit, the Independent Auditors Report and. Annual
Financial Report shall be published on the Town's website sumo ry s W14v blis ge l
ira rnerliotel h tlwe oflie" www ex .. he4own and copies of the audit placed on file in
the office of the person performing the duties of Town Secretary, as a public record.
PROPOSITION NO. 14
Shall Section 7.08 (Contingent Appropriation) of the Charter be renamed and amended to
increase the contingency reserve fund balance designation to twenty percent (20%); providing
for use of the funds in the event of a revenue shortfall; providing that the fund shall not overlap
with any other amount of reserves; and providing that the contingency reserve appropriation may
be distributed by the Town Manager only in the event of an emergency or after supplemental
appropriation by the Town Council?
SECTION 7.08 Contingent Appropriation Reserve—Amended to read as follows:
Provision shall be made in the annual budget rnaintainin� and--in- the--approp4ia-tion
ori , nee-for" a contingentcy ,reserve fund balance designation appivpriirtion in an amount
not less than twenty ten percent (120%) of the total general fund expenditures, to be used
in case of unforeseen items of expenditures or revenue shortfalls. This eontingont
r4, iertion shall apply to current operating expenses and shall not overlap with include
any other amount of reserves maintained by the Town. Such contingentcy reserve
appropriation shall be under the control of the Town Manager and distributed by him or
her only in the event of an emergency or after sup elemental a ro r^itrtiorr r r-pprowval
by the Town Council. The proceeds of the contingentcy reserves oppr-t1miation shall be
disbursed only by transfer to other departmental appropriation, the spending of which
shall be charged to the departments or activities for which the appropriations are made.
PROPOSITION NO. 15
Ordinance 11-025 Ordering Charter Amendment Election 14 588910 v1
Shall Section 9.01(1) (Organization) of the Charter be amended to increase the number of
Planning and Zoning Commission members to seven (7) and provide for the date of electing its
Chairman, Vice Chairman and Secretary?
SECTION 9.01 Organization —Amended to read as follows:
(1) There is hereby established a Planning & Zoning Commission which shall consist of at
least five (5) seven 7 members who shall be qualified voters of the Town and appointed by
the Town Council to staggered terms of two (2) years in accordance with the then existing
zoning ordinance. The length and number of terms shall be established in accordance with
the then existing zoning ordinance. The Commission members shall be qualified Town
voters. No member shall serve on the Commission for more than three (3) completed
consecutive terms, exclusive of any unexpired term to which the member may have been
appointed to fill due to a vacancy on the Commission. Any vacancy occurring during the
unexpired term of a member shall be filled by the Town Council for the remainder of the
unexpired term. In JWy October of each year, the Commission shall elect from its members
a Chairman, Vice Chairman, and Secretary to serve for one (1) year beginning in that
month. Members of the Commission may be removed, without cause, by an affirmative
vote of a majority of the full membership of the Town Council.
PROPOSITION NO. 16
Shall Sections 9.02 (Duties and Powers) and 9.04 (The Comprehensive Plan: Procedure and
Legal Effect) of the Charter be amended to clarify that the affirmative vote of a majority of the
Town Council present is required to overrule a recommendation of denial by the Planning and
Zoning Commission and clarifying that deviations of land use and development regulations as
set forth in the Comprehensive Plan must be submitted and approved by the Commission?
SECTION 9.02 Duties and Powers—Amended to read as follows:
(3) t + e
w1ti;-eheve is-.greater-,---o -t wn i t The affirmative vote of a maiority of the Town
Council present is required to overrule a recommendation of the Commission that a
proposed zoning amendment, supplement, or change be denied.
SECTION 9.04 The Comprehensive Plan: Procedure and Legal Effect—Amended to read as
follows:
(3) Following the adoption by the Town Council of the Comprehensive Plan, and any
revisions thereto, it shall serve as a guide to all future Town Council action concerning land
use and development regulations and expenditures for capital improvements. Any
Ordinance 11-025 Ordering Charter Amendment Election 15 588910 v1
proposal which deviates from the Comprehensive Plan regarding land use and
development re glations shall not be authorized until and unless the location and extent
thereof shall have been submitted to and approved by the Commission. In case of denial,
the Commission shall communicate its reasons to the Town Council, which shall have the
p " .
ower to overrule such denial with~���t��of-tl�e ��t"1"ir�makiv� vote of a ma ours of the T"ovrwrta
Council p resent tl111 wartee1 ,i tl� o the +i" r wn�r p n=f ra r t
whi hevery greatr, and upon such overruling, the Town Council or the appropriate
office, department or agency shall have authority to proceed.
PROPOSITION NO. 17
Shall Section 11.07 (Regulation of Liquor and Beer) of the Charter be amended to provide that
the sale of liquor by a person holding a package store permit, as described by the Texas
Alcoholic Beverage Code, is prohibited in any zoning district which allows, in whole or in part,
residential development?
SECTION 11.07 Regulation of Liquor and Beer-Amended to read as follows:
SECTION 11.07uLilan eer=Sale of Li uor Prohibited in Residential
Districts
The sale of lig lta or as defined in the Texas Alcoholic Beverage Bode as amended shall be
prohibited by a person or entity holding a package store hermit, as described in the Texas
Alcoholic Beverage Code as amended in any zoning district which allows in whole or in,
Dart. residential development in the Town. a laf1,eer ', m d-for 4"lc-,*iden4iai-"et4(ms
o --ail�ea;�of=�t-hI"�ow� ed-l� �i�n �1 rel-immee���o� ens��Ia�wo�`th+e
Tower: '1'111 -Townunei -em et-elle 11 pt a Nation-r in r
thi- . 1re=a1p�rtlon aliriltio ialol'lolivr -rasa a lute
PROPOSITION NO. 18
Shall Section 12.03 (Notice of Claim) of the Charter be amended to require a person to file a
notice of claim against the Town within ninety (90) days after the time at which it is claimed
damages were inflicted on a person or property?
SECTION 12.03 Notice of Claim-Amended to read as follows:
The Town shall not be held liable on account of any claim for the death of any person or
injuries to any person or damage to any property unless the person making such complaint
or claiming such damages shall, within six «' "'^ ninet (90,) days after the time at
which it is claimed such damages were inflicted upon such person or property, file with the
Town a written statement, under oath, stating the nature and character of such damages or
injuries, the extent of the same, the place where same happened, the circumstances under
which same happened and the condition causing same, with a detailed statement of each
item of damages and the amount thereof, giving a list of any witnesses known by affiant to
have seen the accident.
Ordinance 11-025 Ordering Charter Amendment Election 16 588910 v1
PROPOSITION NO. 19
Shall Section 13.04 (Officers and Employees) be deleted from the Charter to remove an
unnecessary transitional provision from the original adoption of the Charter which pertained to
officers and employees who existed at the time of the original adoption of the Charter?
SECTION 13.04 Officers and Employees-Deleted as follows:
�fl . 104+ er�iel-�n�abloyeel
' ,� � �°�l �l�n lr"a-t1a4�h��rl�all.....l���n• pig - ". .ts--n�;:
pr~i �esof pyo lsl�r 1wa "" erser�pl sit tl =it�dppun -llr
,"npt" %l.ris�C 1� �-th���r, tl �n- n -ala =1`01 -A��iu � tto�� �e
daeented-tub -
PROPOSITION NO. 20
Shall Section 14.05 (Employee's Political Activities) of the Charter be amended to clarify that
Town employees are prohibited from contributing to, making, soliciting or receiving
contributions for and participating in any campaign activities of a Council Member or Mayoral
candidate rather than any other candidate for office?
SECTION 14.05 Employee's Political Activities-Amended to read as follows:
No person who holds any compensated non-elective Town position shall make, solicit or
receive any contribution for any candidate for puu-bli "fie -4n-the Council Member or
Mayor, or take part in the management, affairs or political campaign of such candidate.
Such person may exercise his or her rights as a citizen to express his or her opinion and
cast his or her vote.
PROPOSITION NO. 21
Shall Section 14.09 (No Officer or Employee to Accept Gifts, Etc.) of the Charter be amended to
provide for revised prohibitions, requirements, and procedures related to the acceptance of gifts
by Town Officials?
SECTION 14.09 No Officer to Accept Gifts, Etc. -Amended to read as follows:
SECTION 14.09 No Officer fw-&nployee to Accept Gifts,Etc.
No officer of the Town shall ever accept, directly or indirectly, any lift or benefit except as
authorized in the Town's Code of Ethics as set forth in Ordinance No. 08-036, as it exists or
may be amended. if found in violation of this section the officer shall immediately forfeit
his or her office and shall be ineligible for appointment or election to a position in the Town
for a period of five (5) years from the date the violation is determined to have occurred.
Ordinance 11-025 Ordering Charter Amendment Election 17 588910 v1
favo~io�=p�Aiv-ilee�e-�=i�1�;.-th -t�*r� mo oI`l"�emf�lh-ofBt�t��r=�oi�d�t�rian� l+��n�I- .
soh-- M4 . No-of-I'iee slap' a "SPr(", l- olaa n a n-the
fol4owing-aetWi6w.
pial lie r el Lilo I +pe�ti , -t4ve4w-ems
111 +ehaage�i wifl hihr 1aalyr .
l�eviea � .m�irriuu Ueetion
IAN
l a 'mil" t-hi f m tion r�uwmi -pa tie*-car futwtion -r h v -onl
T4wi"f rs� p ryee mrd thaeir uBios r�i vi � ttou r
or
l�ay�laa+ea�wt*
(2-YAny offleer l pi WHO st-1 tvioWe4he , vi iou of tl is ti n
shall-lam guil�+sf a rrr rl n rero�r t y b,e ".wthe"d lny 11, aat llnay-be
pal-esc b+ cl....l� ,r-(Iiitaneewfor-thi,,+ enn(!, may Torthwithbei
+frmmemployment:
PROPOSITION NO. 22
Shall Sections 15.01 (Charter Review Commission) and 15.02 (Petition to Amend Charter) of the
Charter be amended to state that the Town shall appoint a Charter Review Commission at least
once every ten (10) years or earlier if not prohibited by law, and that each signature on a petition
to amend the charter shall conform to the requirements for information set forth in the Texas
Election Code?
SECTION 15.01 Charter Review Commission -Amended to read as follows:
(1) The Town Council shall appoint a Charter Review Commission at least once every
sk ten (610) years, or earlier if not prohibited by law. The Charter Review
Commission shall consist of ten (10) citizens of the Town who shall:
(A) Inquire into the operation of the Town government under the Charter and
determine whether any provisions require revision. To this end, public
hearings may be held. The Commission may compel the attendance of any
officer or employee of the Town and require submission of any Town
records;
(B) Propose any recommendations it deems desirable to insure compliance with
the Charter of the Town government; and
(C) Report its findings and present its recommendations to the Town Council.
SECTION 15.02 Petition to Amend Charter-Amended to read as follows:
Amendments to this Charter may be framed and submitted to the qualified voters of the
Town in the manner provided by the Constitution and the laws of the State of Texas;
including upon the Town Council's own motion or upon petition by five percent (5%) of
the registered voters in the Town or twenty-thousand (20,000) registered voters of the
Ordinance 11-025 Ordering Charter Amendment Election 18 588910 v1
Town, whichever is less. Each si ne1l-ature on a of sue-h petition to amend shall fie--a
=egisfe+ed voter on.-I-personally si for-h�-�lln�a
n-pet4ti ;•"gnaWre-to-he nli:("mm,4,-.I comph
Ytheme nf�-enlle lrt oaw lfi i iltni e
r in- "ha �eerf�he Te -fleetie Com conform to the requirement for
information as set forth in the Texas Election Code. as amended.
Ordinance 11-025 Ordering Charter Amendment Election 19 588910 vl
EXHIBIT "B"
BALLOT PROPOSITIONS
That at the Election the following ballot propositions shall be submitted to the Voters of
Prosper:
PROPOSITION NO. 1
Shall the Charter be amended throughout to correct non-substantive errors such as misspellings,
punctuation, grammar and sentence structure, clarify meanings of terms and use consistent
terminology, outline paragraph numbering and renumbering, conform to requirements and/or
provisions of state and/or federal law and/or Town ordinances, and revise references to repealed
or obsolete provisions of state law?
YES
NO
PROPOSITION NO. 2
Shall Section 1.02 (2) (The Boundaries) of the Charter be amended to state that the records of the
Town's boundaries shall be kept on file with the Town Secretary?
YES
NO
PROPOSITION NO. 3
Shall Section 3.01 (1) and (2) (Composition), and a new Section 3.02 (Limitations on Terms),
with subsequent sections in Article III being numbered accordingly, of the Charter be amended
and added, respectively, to provide for clarification on the election of the places held by Council
Members and Mayor; providing that no person shall serve as Mayor for more than three (3)
successive elected terms; providing that no person shall serve as Council Member for more than
three (3) successive elected terms; providing that no person shall serve as Council Member and
Mayor (combined) for more than eighteen (18) consecutive years; providing specific guidelines
for computing the limitations on terms; and providing that any Council Member or Mayor who is
ineligible to run for office due to term limitations shall remain ineligible for a period of ten
months following the expiration of the most recent term of office of which he or she was
elected?
YES
NO
Ordinance 11-025 Ordering Charter Amendment Election 20 588910 v1
PROPOSITION NO. 4
Shall newly renumbered Section 3.05(2) and (3) (Mayor, Mayor Pro-Tem and Deputy Mayor
Pro-Tem) of the Charter be amended to provide that the Mayor Pro Tem and Deputy Mayor Pro
Tem may be elected at the first regular meeting after any run-off election?
YES
NO
PROPOSITION NO. 5
Shall newly renumbered Section 3.06(2) (Vacancies, Forfeiture and Filling of Vacancies) of the
Charter be amended to provide that if a member of the Town Council is absent for twenty-five
percent (25%) of regularly scheduled meetings during the twelve-month (12-month) period
immediately preceding and including the absence in question, then his or her office shall be
declared vacant; and providing that the 12-month period shall not begin until June 1, 2012?
YES
NO
PROPOSITION NO. 6
Shall newly renumbered Section 3.10 (Quorum) of the Charter be amended to clarify that if a
certain percentage of affirmative votes to pass a measure to be approved by Town Council is
required, the number of affirmative votes must be measured against the entire qualified Town
Council, not just the number present and voting?
YES
NO
PROPOSITION NO. 7
Shall newly renumbered Section 3.11 (Conflict of Interest) of the Charter be amended to clarify
that when any person on the Town Council has a conflict of interest, then they are not considered
present and voting for the purposes of calculating the outcome of a vote?
YES
NO
PROPOSITION NO. 8
Shall newly renumbered Section 3.18 (Bond) of the Charter be amended to require all municipal
officers and employees who receive or pay any monies of the Town to be bonded or cause each
to be covered under a Public Employee Dishonesty Property Crime Coverage Policy and that
such bond or policy coverage limits shall be determined by the Town Council?
Ordinance 11-025 Ordering Charter Amendment Election 21 588910 v1
YES
NO
PROPOSITION NO. 9
Shall newly renumbered Section 3.19 (Code of Ethics) of the Charter be amended to state that
the Town Council shall maintain a Code of Ethics?
YES
NO
PROPOSITION NO. 10
Shall Section 4.06 (2) (Personnel System) of the Charter be amended to add that the personnel
rules prepared by the Town Manager and adopted by the Town Council shall include the
procedure for the giving and receiving of gifts by Town employees?
YES
NO
PROPOSITION NO. 11
Shall Section 5.02 (2) (Filing for Office) of the Charter be amended to clarify that a candidate for
a Town office must have resided in the corporate limits of the Town, or annexed territory, for at
least twelve (12) months immediately preceding the filing date?
YES
NO
PROPOSITION NO. 12
Shall Sections 6.02 (Petitions for Recall) and 6.13 (Initiative) of the Charter be amended to
clarify petition signature requirements by qualified voters; designating the percentage of required
signatures be at least thirty (30) percent of the number of voters voting in the last regular Town
election; specifying that the requirements for information on each signer of the petition be as set
forth in the Texas Election Code; and making the requirements for initiative petitions the same as
in recall elections?
YES
NO
PROPOSITION NO. 13
Shall Sections 7.05 (Public Hearing on Budget), 7.11 (Capital Program), 7.14 (Borrowing) and
7.18 (Independent Audit) of the Charter be amended to state that the required public hearing
shall be scheduled in accordance with the Local Government Code; providing that the Capital
program will be updated and presented to the Town Council annually; clarifying that the Town
Ordinance 11-025 Ordering Charter Amendment Election 22 588910 v
may exercise powers to finance public improvements or for any other public purpose not
prohibited by state law; and providing that the Independent Auditor's Report and Annual
Financial Report shall be published on the Town's website ?
YES
NO
PROPOSITION NO. 14
Shall Section 7.08 (Contingent Appropriation) of the Charter be renamed and amended to
increase the contingency reserve fund balance designation to twenty percent (20%); providing
for use of the funds in the event of a revenue shortfall; providing that the fund shall not overlap
with any other amount of reserves; and providing that the contingency reserve appropriation may
be distributed by the Town Manager only in the event of an emergency or after supplemental
appropriation by the Town Council?
YES
NO
PROPOSITION NO. 15
Shall Section 9.01(1) (Organization) of the Charter be amended to increase the number of
Planning and Zoning Commission members to seven (7) and provide for the date of electing its
Chairman, Vice Chairman and Secretary?
YES
NO
PROPOSITION NO. 16
Shall Sections 9.02 (Duties and Powers) and 9.04 (The Comprehensive Plan: Procedure and
Legal Effect) of the Charter be amended to clarify that the affirmative vote of a majority of the
Town Council present is required to overrule a recommendation of denial by the Planning and
Zoning Commission and clarifying that deviations of land use and development regulations as
set forth in the Comprehensive Plan must be submitted and approved by the Commission?
YES
NO
Ordinance 11-025 Ordering Charter Amendment Election 23 588910 vl
PROPOSITION NO. 17
Shall Section 11.07 (Regulation of Liquor and Beer) of the Charter be amended to provide that
the sale of liquor by a person holding a package store permit, as described by the Texas
Alcoholic Beverage Code, is prohibited in any zoning district which allows, in whole or in part,
residential development?
YES
NO
PROPOSITION NO. 18
Shall Section 12.03 (Notice of Claim) of the Charter be amended to require a person to file a
notice of claim against the Town within ninety (90) days after the time at which it is claimed
damages were inflicted on a person or property?
YES
NO
PROPOSITION NO. 19
Shall Section 13.04 (Officers and Employees) be deleted from the Charter to remove an
unnecessary transitional provision from the original adoption of the Charter which pertained to
officers and employees who existed at the time of the original adoption of the Charter?
YES
NO
PROPOSITION NO. 20
Shall Section 14.05 (Employee's Political Activities) of the Charter be amended to clarify that
Town employees are prohibited from contributing to, making, soliciting or receiving
contributions for and participating in any campaign activities of a Council Member or Mayoral
candidate rather than any other candidate for office?
YES
NO
Ordinance 11-025 Ordering Charter Amendment Election 24 588910 v1
PROPOSITION NO. 21
Shall Section 14.09 (No Officer or Employee to Accept Gifts, Etc.) of the Charter be amended to
provide for revised prohibitions, requirements, and procedures related to the acceptance of gifts
by Town Officials?
YES
NO
PROPOSITION NO. 22
Shall Sections 15.01 (Charter Review Commission) and 15.02 (Petition to Amend Charter) of the
Charter be amended to state that the Town shall appoint a Charter Review Commission at least
once every ten (10) years or earlier if not prohibited by law, and that each signature on a petition
to amend the charter shall conform to the requirements for information set forth in the Texas
Election Code?
YES
NO
Ordinance 11-025 Ordering Charter Amendment Election 25 588910 v1