17-38 O - Special Election Canvass May 6, 2017TOWN OF PROSPER, TEXAS
ORDINANCE NO. 17-38
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, CANVASSING RETURNS AND DECLARING THE RESULTS OF A
SPECIAL ELECTION HELD ON SATURDAY, MAY 6, 2017, FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE TOWN
CERTAIN CHARTER AMENDMENTS TO THE CHARTER OF THE TOWN OF
PROSPER, TEXAS; PROVIDING A SEVERABILITY AND CONFLICTS
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas, is a Home Rule municipality located in both
Collin County and Denton County, was created in accordance with the provisions of the Texas
Local Government Code, and is operating pursuant to enabling legislation of the State of Texas;
and
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council'), issued an
order on February 14, 2017, directing that a special election be held on May 6, 2017, for the
purpose of submitting to the qualified voters of the Town of Prosper certain Charter amendments;
and
WHEREAS, notice of the special election was properly given by the Town as required by
law; and
WHEREAS, said election was duly and legally held on May 6, 2017, 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 6,
2017.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
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
A. The returns of the Special Election, including the returns of early voting ballots,
held on Saturday, May 6, 2017, for the purpose of submitting to the qualified voters of the Town
propositions regarding certain amendments to the Town Charter of the Town of Prosper, Texas
(hereinafter referred to as the "Charter Amendment Election"), showed that there were the
following votes "For" and "Against" for each of the following propositions:
PROPOSITION NO. 1
Shall the Town Charter be amended throughout to correct non -substantive errors such as
misspellings, punctuation, grammar and sentence structure; provide non -substantive
clarifications and include better descriptive language of the matters addressed in the Charter;
conform notice, publication and election requirements to state law; and revise references to
repealed or obsolete provisions of the Town Charter, state or federal law?
Total Number of Total Number of Votes on Total Number
Early Voting Votes: Saturday, May 6, 2017: of Votes:
For 385 257 642
Against 46 34 80 V
PROPOSITION NO. 2
Shall Section 3.02 of the Town Charter, entitled "Limitations on Terms," be repealed?
Total Number of Total Number of Votes on Total Number
Early Voting Votes: Saturday, May 6, 2017: of Votes:
For 65 47 112
Against 368 248 616
PROPOSITION NO. 3
Shall Section 3.04 of the Town Charter, entitled "Compensation," be amended to provide
that Town Councilmembers shall be entitled to reimbursement for actual reasonable expenses
incurred in the performance of official duties for the Town?
Total Number of Total Number of Votes on
Early Voting Votes: Saturday, May 6, 2017:
For 284 191
Against 183 101
PROPOSITION NO.4
Total Number
of Votes:
475
249
Shall Section 3.06 of the Town Charter, entitled "Vacancies, Forfeiture and Filling of
Vacancies," be amended to provide that vacancies on the Town Council shall be filled by election;
however, if there is a vacancy on Town Council for a position with twelve (12) or fewer months
remaining in the term, the Town Council may fill the vacancy by appointment?
Total Number of Total Number of Votes on Total Number
Early Voting Votes: Saturday, May 6, 2017: of Votes:
For 253 169 422
Against 183 122 305
PROPOSITION NO. 5
Shall Section 3.12 of the Town Charter, entitled "Abstention," and Section 9.03 of the Town
Charter, entitled "Procedure," be amended to provide that any abstention from voting by a Town
Councilmember or Planning and Zoning Commissioner, respectively, should be recorded in the
official minutes of the meeting as an abstention?
Ordinance No. 17-38, Page 2
Total Number of Total Number of Votes on Total Number
Early Voting Votes: Saturday, May 6, 2017: of Votes:
For 391 263 654
Against 40 27 67
PROPOSITION NO. 6
Shall Section 5.02 of the Town Charter, entitled "Filing for Office," be amended to provide
that (A) only registered voters for at least twelve (12) months immediately preceding the filing date
may file to become a candidate for Town Council; (B) only Town residents who have resided
within the Town for at least twelve (12) months immediately preceding the filing date may file to
become a candidate for Town Council; and (C) if any board or commission member appointed by
the Town Council becomes a candidate for election to the Town Council, he immediately shall
forfeit the board or commission position with the Town?
Total Number of Total Number of Votes on Total Number
Early Voting Votes: Saturday, May 6, 20_17: of Votes:
For 381 236 617
Against 51 52 103
PROPOSITION NO. 7
Shall Section 5.05 of the Town Charter, entitled "Taking of Office," be amended to provide
that new Town Councilmembers shall be sworn into office at the next meeting following the
declaration of the results of the election?
Total Number of Total Number of Votes on Total Number
Early Voting Votes: Saturday, May 6, 2017: of Votes:
For 406 270 676
Against 27 19 46
PROPOSITION NO. 8
Shall Section 7.06 of the Town Charter, entitled "Proceeding on Adoption of Budget," be
amended to provide that the Town budget shall be adopted prior to the beginning of the next fiscal
year?
Total Number of Total Number of Votes on Total Number
Early Voting Votes: Saturday, May 6, 2017: of Votes:
For 384 251 635
Against 36 34 70
PROPOSITION NO. 9
Shall Section 8.01 of the Town Charter, entitled "Authority, Composition and Procedures,"
be amended to provide that (A) board and commission members may be reimbursed for actual
reasonable expenses incurred in the performance of official duties; and (B) all board and
commission meeting minutes shall be kept by the Town and that written reports are not required
Ordinance No. 17-36, Page 3
to be submitted to the Town Council within three (3) weeks?
Total Number of
Early Voting Votes:
For 219
Against 201
Total Number of Votes on
Saturday, May 6, 2017:
153
130
PROPOSITION NO. 10
Total Number
of Votes:
372
331
Shall Section 9.05 of the Town Charter, entitled "Board of Adjustment," be repealed?
Total Number of Total Number of Votes on Total Number
Early Voting Votes: Saturday, May 6, 2017: of Votes:
For 182 119 301
Against 183 114 297
B. With the exception of Proposition 2, the above foregoing amendments to the Town
of Prosper, Texas, Charter having been approved by a majority of the qualified voters of the Town
who voted at the Charter Amendment Election, the said amendments are hereby declared
adopted, in accordance with Section 9.005(a) of the Texas Local Government Code, as amended,
and shall take effect immediately upon the passage of this Ordinance, in accordance with Section
9.005(b) of the Texas Local Government Code, as amended.
C. With the exception of Proposition 2, the above and foregoing amendments having
been adopted, it is hereby ordered that such amendments to the Town Charter have been and
are adopted, so that the provisions of the Town Charter which were subject of the Charter
Amendment Election shall read as adopted and added to the respective Charter as adopted.
SECTION 3
If any word, section, article, phrase, paragraph, sentence, clause, or portion of this
ordinance or application thereto to any person or circumstance is held to be invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portion of this ordinance; and the Town Council hereby declares it would have
passed such remaining portions of this Ordinance despite such invalidity which remaining portions
shall remain in full force and effect.
SECTION 4
This Ordinance shall take effect from and after its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 15TH DAY OF MAY, 2017.
Ray Smit , Mayor
Ordinance No. 17-38, Page 4
ATTES
Robyn
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
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Ordinance No. 17-38, Page 5