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R-1940-5-01RESOLUTION NO. 1940-5-01M ' 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 5, 2001, FOR CITY COUNCILMEMBERS 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 an election held on the 5th day of May, 2001, for the purpose of electing the hereinafter named officials, and consider returns of propositions 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 ' COUNCH.MEMBER PLACE NO. 1 DEBBIE STOUT 425 424 849 COUNCH.MEMBER PLACE NO.3 BILL PETTY 353 336 689 SUSAN BERNARD 161 166 327 COUNCH.MEMBER PLACE NO. 5 KENNETH M. FULK 431 433 864 PROPOSITION NO. 1 - Shall Article II, Section 2.15 of the Allen City Charter be amended to comply with state law to provide that the induction of newly elected members to the City Council be held at the first regular meeting following such election. "FOR" 513 501 1,014 "AGAINST" 12 8 20 PROPOSITION NO. 2 - Shall Article II, Section 2.15 of the Allen City Charter be amended to provide that the City Council conduct at least one meeting each month on a day and at a time established by resolution of the City Council. "FOR" 489 488 977 "AGAINST" 30 20 50 PROPOSITION NO. 3 - Shag Article II, Section 2.04 of the Allen City Charter be amended to till vacancies on the City Council in accordance with state law. "FOR" 505 499 1,004 "AGAINST" 21 13 34 PROPOSITION NO. 4 - Shag Article III, Section 3.04 of the Allen City Charter be amended to allow the City Manager to designate an employee of the City to act for the City Manager during periods of temporary absence. "FOR" 446 441 887 "AGAINST" 75 69 144 PROPOSITION NO. 5 - Shall Article III, Section 3.04 of the Alien City Charter be amended to allow the City Council to appoint a person to perform the duties of the City Manager during periods of absence and disability exceeding thirty (30) days. "FOR" 473 478 951 "AGAINST" 44 30 74 PROPOSITION NO.6 - S Shall the first sentence of Article IV, Section 4.02 of the Allen City Charter be amended to change the date by which the City Manager shall submit the City budget to the City Council from August 1 to August 10 of each year to be consistent with state law. "FOR" 492 481 973 "AGAINST" 28 20 48 PROPOSITION NO.7 - Shag Article IV, Section 4.05 of the Allen City Charter be amended to require the City Council to approve the City budget by the 2nd City Council meeting in the month of September of each year prior to the beginning of the next fiscal year, as allowed by state law. "FOR" 499 489 988 "AGAINST" 16 11 27 PROPOSITION NO. 8 - Shall Article II, Section 2.01 and Article VII, Section 7.04 of the Allen City Charter be amended to increase the terms of office for Mayor and Council members from two (2) to three (3) years, beginning with the regular municipal election for May 2002. "FOR" 308 293 601 "AGAINST" 208 208 416 PROPOSITION NO. 9 - Shag Article VII, Section 7.08 of the Allen City Charter be amended to ' comply with state law to provide that the canvass of all municipal elections be in accordance with the Texas Election Code. "FOR" 513 503 1,016 "AGAINST" 8 5 13 Resolution No. 1940-5-01(R), Page 2 PROPOSITION NO. 10 - Shall Article X, Section 10.04 of the Allen City Charter be amended to be consistent with state law to provide that no person related within the second degree by affinity or ' within the third degree by consanguinity to the Mayor or any member of the City Council be appointed to any compensated position of the City. "FOR" 490 463 953 "AGAINST" 35 42 77 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCH. 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 Debbie Stout was duly elected Councilmember, Place No. 1, that Bill Petty was duly elected Councilmember, Place No. 3, and that Kenneth M. Fulk 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. SECTION 2: It is determined that the Proposition Nos. 1-10 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 atter its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 10TH DAY OF MAY, 2001. APPR VED: Qe Steve Terrell, MAYOR ATTEST: Jifily Mor on, CMC/AAE, CITY SECRETARY Resolution No. 1940-5-01(R), Page 3