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Home My WebLink AboutR-3303-5-15RESOLUTION NO. 3303-5-15(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DECLARING THE RESULTS OF THE GENERAL AND SPECIAL ELECTION OF THE CITY OF ALLEN HELD MAY 9, 2015, FOR CITY COUNCH.MEMBERS AND PROPOSED AMENDMENTS TO THE HOME RULE CITY CHARTER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is hereby found and determined that notice of the election was duly given in the form, manner and time required by law, and said election was in all respects legally held and conducted in accordance with applicable laws of the State of Texas and the proceedings calling and governing the holding of such election; and, WHEREAS, it is imperative to consider the returns of the election held on May 9, 2015, for the purpose of electing the hereinafter named officials, and to consider returns of prepositions for the issuance of amendments to the Home Rule City Charter; and, WHEREAS, the returns of said election have been duly and legally made and submitted to the City Council for canvassing, and a tabulation of the returns for the polling place and for early voting, as canvassed and tabulated by this governing body as follows: EARLY VOTES REGULAR VOTES TOTAL VOTES CAST CAST CAST COUNCILMEMBER PLACE NO. 1 ' KURT KIZER 815 382 1,197 COUNCH.MEMBER PLACE NO.3 JOEY HERALD 825 387 1,212 COUNCH.MEMBER PLACE NO.5 GARY CAPLINGER 866 414 1,280 PROPOSITION 1: Shall Article II, Sections 2.02 of the Allen City Charter be amended to require members of the City Council to be a qualified voter for at least six (6) months as of the time of filing for election to the City Council? "FOR" 1,116 527 1,643 "AGAINST" 50 45 95 PROPOSITION 2: Shall Article 11, Sections 2.04 and 2.05 of the Allen City Charter be amended to authorize the City Council to fill by appointment a vacancy in the office of Mayor or Councilmember when less than one year remains on the term of the office vacated as allowed by state law? "FOR" 1,008 434 1,442 "AGAINST" 140 125 265 PROPOSI77ON 3: Shall Article Il, Section 2.15 of the Allen City Charter be amended to eliminate clerical duties not required by state law relating to the recordkeeping of approved ordinances? "FOR" 944 451 1,395 "AGAINST" 174 90 264 PROPOSITION 4: Shall Article 11, Section 2.16 of the Allen City Charter be amended to amend the manner of Resolution No. 3303-5-15(R), Page 2 calling a special meeting to comply with state law? "FOR" 1,039 488 1,527 "AGAINST" 71 56 127 PROPOSITION 5: Shall Article II, Section 2.18 of the Allen City Charter be amended to delete redundant language regarding rules of procedure found in Section 2.19 and change the caption of said section to conform to such amendment? "FOR" 1,064 503 1,567 "AGAINST" 51 37 88 PROPOSITION 6: Shall Article 11, Section 2.19 of the Allen City Charter be amended to delete redundant language regarding minutes of meetings found in Section 2.18? "FOR" 1,056 499 1,555 "AGAINST" 64 49 113 PROPOSITION 7: Shall Article II, Section 2.19 of the Allen City Charter be amended to delete the requirement that votes of the City Council be specifically taken by the "ayes" and "nays"? "FOR" 776 342 1,118 "AGAINST" 341 198 539 PROPOSITION 8: Shall Article IV, Section 4.04 of the Allen City Charter be amended to provide for notice of public hearings on the city budget as required by state law? "FOR" 1,089 526 1,615 "AGAINST" 39 28 67 PROPOSITION 9: Shall Article IV, Section 4.09 of the Allen City Charter be amended to delete the requirement to reproduce copies of the city budget by mimeograph? "FOR" 1,035 505 1,540 "AGAINST" 89 39 128 PROPOSITION 10: Shall Article VI, Section 6.03 of the Allen City Charter be amended to change the due date and delinquency date for payment of ad valorem taxes to conform to state law? "FOR" 1,017 483 1,500 "AGAINST" 73 42 115 PROPOSITION 11: Shall Article VII, Section 7.03 of the Allen City Charter be amended to amend the requirements of a petition for a place on the ballot for election to the office of Mayor or councilmember to conform to state law and the charter? "FOR" 1,024 477 1,501 "AGAINST" 67 49 116 PROPOSITION 12: Shall Article VII, Section 7.03 of the Allen City Charter be amended to add procedures for becoming a write-in candidate for election to the once of Mayor or councilmember? t "FOR" 954 433 1,387 "AGAINST" 140 94 234 Resolution No. 3303-5-15(R), Page 2 PROPOSITION 13: Shall Article VII, Section 7.03 of the Allen City Charter be amended to provide that the filing period for candidates for the office of Mayor or councilmember be in accordance with slate law? ' "FOR" 1,076 515 1,591 "AGAINST" 31 23 54 PROPOSITION 14: Shall Article VIII, Section 8.04 of the Allen City Charter be amended to comply with state law to repeal the city council's option to submit an application for a franchise to an election to be considered by the voters and its subsections re -lettered to conform to such amendment? "FOR" 935 431 1,366 "AGAINST" 102 68 170 PROPOSITION 15: Shall Article IX, Section 9.02 of the Allen City Charter be amended to change the number of signatures required for a recall petition for a member of the city council to ten (10%) percent of the total registered voters appearing on the voter registration list issued by the Collin County Elections Administrator as of the dale of the last general election for city officers? "FOR" 865 389 19254 "AGAINST" 180 120 300 PROPOSITION 16: Shall Article IX, Section 9.03 of the Allen City Charter be amended to correct the form of a recall petition for city council to include a place for the notarized signature of the circulator of the petition? "FOR" 1,007 462 1,469 "AGAINST" 68 43 Ill ' PROPOSITION 17: Shall Article IX, Section 9.05 of the Allen City Charter be amended to change the time period for the city secretary to present a recall petition to the city council from five (5) days to fifteen (15) business days after the petition is filed with the city secretary? "FOR" 920 415 1,335 "AGAINST" 149 99 248 PROPOSITION 18: Shall Article IX, Section 9.10 of the Allen City Charter be amended to prohibit the filing of a recall petition for a member of the city council within six (6) months after such person's election to office and within six (6) months after an election for such officer's recall? "FOR" 830 384 1,214 "AGAINST" 219 121 340 PROPOSITION 19: Shall Article IX, Section 9.13 of the Allen City Charter be amended to require an initiative petition to be signed by len percent (10%) of the total number of registered voters of the city appearing on the voters registration list issued by the Collin County Elections Administrator as of the date of the last general election for city officers? "FOR" 864 394 1,258 "AGAINST" 163 ill 274 PROPOSITION 20: Shall Article IX, Section 9.13 of the Allen City Charter be amended to change the time period for the city secretary to present an initiative petition to the city council from five (5) days to fifteen (15) business days after the petition is riled with the city secretary? ' 'FOR" 912 411 1,323 "AGAINST" 146 102 248 Resolution No. 3303-5-15(R), Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: ' SECTION 1. Said election was duly called, that notice of said election was given in accordance with law, and that said election was held in accordance with law, and that Kurt Kizer was duly elected Councilmember, Place No. 1, that Joey Herald was duly elected Councilmember, Place No. 3, and that Gary Caplinger was duly elected Councilmember, Place No. 5. Above named parties are hereby declared duly elected to those respective offices, subject to the taking of their oaths as provided by the laws of the State of Texas. C I SECTION 2. It is determined that the Proposition Nos. 1-20 allowing for amendments by a majority of the qualified voters shall become a part of the City of Allen Home Rule Charter. SECTION 3. It is further found and determined that in accordance with the order of this governing body, the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessible to the general public, and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the scheduled time of said meeting. SECTION 4. This resolution shall become effective immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 19"a DAY OF MAY 2015. Stephen Terrell, MAY ATTEST: Shelley B. Georg , ITY SECRETAR Resolution No. 3303-5-15(R), Page 4