O-3816-4-21 ORDINANCE NO.3816-4-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ORDERING A SPECIAL ELECTION ON A PROPOSED
AMENDMENT TO THE HOME RULE CITY CHARTER OF THE CITY OF ALLEN
TO BE HELD ON NOVEMBER 2,2021;PROVIDING FOR THE PUBLICATION AND
POSTING OF NOTICE; AUTHORIZING THE EXECUTION OF AN ELECTION
CONTRACT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has reviewed Section 2.01 A of the City Charter governing term limits for the
office of Mayor and Councilmembers for the City of Allen and desires to amend and clarify such Section 2.01A.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY,TEXAS,THAT:
SECTION 1. An election is hereby ordered for November 2, 2021, for the hereinafter proposed amendments
to the Charter of the City of Allen, Texas, contained in Exhibit "A" attached hereto and made a part of this
Ordinance for all purposes,to be submitted to the qualified voters of the City for their approval or disapproval
at an election to be held on November 2,2021.
SECTION 2. Pursuant to the Joint Election Agreement, the Elections Administrator of Collin County shall
serve as Elections Administrator for the election. Presiding Election Judges and Alternate Presiding Election
Judges appointed to serve the authorized polling places and the early voting clerk and deputy early voting clerks
shall be those election officials furnished by the Elections Administrator from the list of proposed election
111 judges as required in the Elections Services Contract. The City Manager is hereby authorized to execute an
Elections Services Contract with the Collin County Elections Department for the General Election on November
2, 2021. The City Manager or City Secretary shall have further authority to approve any minor modifications
as may be necessary in the best interest of the City. The ExpressVote Universal Voting System, EVS 6.0.2.0
consisting of Electionware election management software, ExpressVote ballot marking device, ExpressTough
curbside voting device,DS200 precinct tabulator/scanner,DS450 high speed central scanner, and DS850 high
speed central scanner,which meets the standards and requirements of the Texas Election Code, as amended, is
hereby adopted and approved for early voting by personal appearance and by mail, election day voting, and
provisional ballots. The election will be conducted in accordance with the Texas Election Code and the Joint
Election Contract by and among the City,the County of Collin, and other units of government located in Collin
County.
SECTION 3. In addition to any other notice of the election required by State law,notice of the election shall
be posted on the bulletin board used to post notice of the City Council meetings,be published in a newspaper
of general circulation published in the City,and include a substantial copy of the proposed amendments and an
estimate of the anticipated fiscal impact to the City if the proposed amendment is approved at the election. Said
notice must be published on the same day in each of two successive weeks,with the first publication occurring
no earlier than the thirtieth day but before the fourteenth day before the date of the election. A copy of the
published notice that contains the name of the newspaper and the date of publication shall be retained as a
record of such notice,and the person posting the notice shall make a record of the time of posting, starting date,
and the place of posting.
SECTION 4. The Collin County precincts as designated by the County Elections Administration will be used
for this Special Election and the Municipal Court Building, 301 Century Parkway,Allen,Texas,and Allen ISD
Service Center, 1451 North Watters Road,Allen,Texas, are hereby designated as polling places. The election
officers and maximum number of clerks for said polling place shall be determined and appointed in accordance
with the provisions of the Election Contract.
On Election Day,the polls shall be open from 7:00 A.M. to 7:00 P.M.
The Collin County Elections Office, 2010 Redbud Boulevard, Suite 102, McKinney, Texas 75069, is hereby
designated the main early voting place. Early voting by personal appearance shall also be conducted at Allen
Municipal Court Building, 301 Century Parkway, Allen, Texas, and Allen ISD Service Center, 1451 North
Watters Road,Allen,Texas.
City of Allen voters may vote at any of the additional Election Day or Early Voting locations open under full
contract services with the Collin County Elections Administration. If the election services contract with the
Collin County Elections Administrator revises the polling places listed previously, the City will utilize the
polling places designated in said Election Services Contract, as the same may be amended from time to time.
Applications for ballot by mail shall be received and processed by the Collin County Elections Administrator,
2010 Redbud Boulevard,Suite 102,McKinney,Texas 75069. Applications for ballots by mail must be received
no later than the close of business on Friday, October 11, 2021.
Early voting for the Special Election shall begin on Monday, October 18, 2021, and end Friday, October 29,
2021, and the dates and hours designated for early voting by personal appearance at the early voting locations
shall be as set forth below:
Dates Hours
Monday, October 18, 2021,through
Friday, October 22,2021 8:00 A.M. to 5:00 P.M.
Saturday October 23,2021 7:00 A.M. to 7:00 P.M.
Sunday, October 24,2021 1:00 P.M. to 6:00 P.M.
Monday, October 25, 2021,through
Friday, October 29, 2021 7:00 A.M.to 7:00 P.M.
For purposes of processing ballots cast in early voting,the election officers for the early voting ballot board for
this election shall be appointed and designated in accordance with the provisions of the Contract.
SECTION 5. The City Secretary shall present the Election returns to the City of Allen City Council at a City
Council meeting for the canvassing of said election in accordance with the Texas Election Code.
SECTION 6. Each amendment submitted must contain only one subject, and the ballot shall be prepared in a
manner that the voters may vote "for" or "against" any amendment or amendments without voting "for" or
"against"all of said amendments. Each such proposed amendment,if approved by the majority of the qualified
voters voting at said election, shall become a part of the Charter of the City of Allen,Texas.
SECTION 7. The ballot proposition for the proposed amendments to the Charter is as follows:
Proposition A
Shall Section 2.01A of the City Charter be amended to provide no person may serve
more than three(3)consecutive elected terms as mayor,and no more than three(3)consecutive
elected terms as council member for a total elected service as mayor and/or as a council member
of eighteen(18)years?
Proposition B
Shall Section 2.01A of the City Charter be amended to provide that any council
member or mayor, who is ineligible to be elected to city office because of the limitations on
terms provided in Section 2.01A, shall remain ineligible to hold an elected city office for the
Ordinance No.3816-4-21,Page 2
EXHIBIT "A"
TEXT OF AMENDMENTS FOR PROPOSITION A
Section 2.O1A.-Term Limits.
No person shall serve as mayor for more than three (31 two (2)consecutive elected terms, and no person
shall serve as a council member for more than three(31 two(2)consecutive elected terms.No person shall
serve as an elected a-member of the City Council,either as a council member or mayor for more than 1812
years. For purposes of this section to the City Charter and computing the limitations on terms:
(1) A mayor or city council member,who vacates for any reason, city office before the end of the term for
which he or she was elected, shall be considered to have completed that term.
(2) An appointment or election to fulfill an unexpired council member term,or unexpired mayor term,shall
be computed as follows:
(i) If fifty percent (50%) or more of the term is remaining, it shall be included as part of the
computation of term limits: or
(ii) If less than fifty percent(50%)of the term is remaining, it shall not be included in the computation
of term limits.
Any council member or mayor, who is ineligible to run for elected city office due to limitations on terms
provided herein, shall remain ineligible to hold an elected city office for a period of one (1) full term
following the expiration of the most recent term of city office, for which he or she was elected with the
exception of a council member seeking the office of mayor or the mayor seeking the office of a council
member.
TEXT OF AMENDMENTS FOR PROPOSITION B
Sec.2.O1A.—Term Limits.
No person shall serve as mayor for more than two (2)consecutive elected terms, and no person shall serve
as a council member for more than two (2) consecutive elected terms. No person shall serve as a member
of the City Council, either as a council member or mayor for more than 12 years. For purposes of this
section to the City Charter and computing the limitations on terms:
(1) A mayor or city council member,who vacates for any reason, city office before the end of the term for
which he or she was elected, shall be considered to have completed that term.
(2) An appointment or election to fulfill an unexpired council member term,or unexpired mayor term,shall
be computed as follows:
(i) If fifty percent (50%) or more of the term is remaining, it shall be included as part of the
computation of term limits: or
(ii)If less than fifty percent(50%) of the term is remaining,it shall not be included in the computation
of term limits.
Any council member or mayor, who is ineligible to run for elected city office due to limitations on terms
provided herein, shall remain ineligible to hold an elected city office for a the period of time one(1) full
team-fallowing-between the expiration of the most recent term of city office,for which he or she was elected
Ordinance No.3816-4-21,Page 4
EXHIBIT "A"
until the day prior to the date of the next regular election for city officers with the exception of a
council member seeking the office of mayor or the mayor seeking the office of a council member.
I
I
Ordinance No.3816-4-21,Page 5
period following the expiration of the most recent term until the day prior to the next regular
election for city officers, with the exception of a council member seeking the office of mayor
or the mayor seeking the office of a council member?
SECTION 8. Should any word, sentence, paragraph, subdivision, clause,phrase, or section of this Ordinance
be adjudged or held to be void or unconstitutional,the same shall not affect the validity of the remaining portions
of said Ordinance,which shall remain in full force and effect.
SECTION 9. This Ordinance shall take effect immediately from and after its passage and the publication of
the caption,as the law and charter in such case provide.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY,TEXAS, ON THIS THE 13TH DAY OF APRIL 2021.
APPR VED:
41/.
Ken eth M.Fulk, AYOR
APPROVED AS TO FORM: ATTEST:
Ci .,
Peter G. Smith, CITY TTORNEY Shelley B. George, CITY SECRETAR
(PGS:3-28-21:TM 121047)
Ordinance No.3816-4-21,Page 3