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R-2622-5-07RESOLUTION NO. 2622-5-07(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 12, 2007, FOR CITY 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 12, 2007, for the purpose of electing the hereinafter named officials, and to 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.4 ROBIN L. SEDLACEK 674 540 1,214 PHILLIP JENKINS 266 187 453 COUNCH.MEMBER PLACE NO.6 JEFF MCGREGOR 766 573 1,339 PROPOSITION NO. 1 - Shall Article 11, Sections 2.04, 2.05, and Article IN, Section 9.01 of the Allen City Charter be amended to comply with state law regarding an election to fill a vacancy on the City Council? "FOR" 1,008 789 1,797 "AGAINST" 89 60 149 PROPOSITION NO. 2 - Shall Article IL Section 2.06 and Article HI, Sections 3.02 and 3.08, of the Allen City Charter be amended to provide for the appointment of the City Secretary by the City Manager subject to confirmation by the City Council? "FOR" 919 739 1,658 "AGAINST" 180 100 280 PROPOSITION NO.3 - Shall Article III, of the Allen City Charter be amended to add Section 3.09 to provide for the duties and responsibilities of the City Secretary? ' 'FOR" 957 769 1,726 "AGAINST" 131 57 188 PROPOSITION NO.4 - Shall Article III, Section 3.04 of the Allen City Charter be amended to comply with state law and to be consistent with other provisions of the Charter to change the word "clerk" to "secretary"? "FOR" 982 764 1,746 "AGAINST" 112 76 188 PROPOSITION NO. 5 - Shall Article M, Section 3.05 and Article II, Section 2.06 of the Allen City Charter be amended to transfer the provision in Article III, Section 3.05 regarding the power of the City Council to appoint advisory boards to Article II, Section 2.06 which lists the powers of the City Council? "FOR" 881 693 1,574 "AGAINST" 182 118 300 PROPOSITION NO. 6 - Shall Article VII, Section 7.01 of the Allen City Charter be amended to comply with state law regarding the dates for city elections? "FOR" 1,024 792 1,816 ' "AGAINST" 75 51 126 PROPOSITION NO. 7 - Shall Article VII, Section 7.03 of the Allen City Charter be amended to comply with state law in regard to the filing of an application for a place on the ballot for City Council? "FOR" 1,016 784 1,800 "AGAINST" 73 45 118 PROPOSMON NO. 8 - Shall Article VII, Sections 7.04 of the Allen City Charter be amended to comply with state law in regard to the time period for calling a runoff election for City Council? "FOR" 1,016 793 1,809 "AGAINST" 69 40 109 PROPOSITION NO. 9 - Shall Article IX, Sections 9.02, 9.03 and 9.07 of the Allen City Charter be amended to comply with state law in regard to petitions for recall of a City Council member? "FOR" 1,006 782 1,788 "AGAINST" 76 46 122 PROPOSITION NO. 10 - Shall Article IX, Section 9.03 be amended to comply with state law in regard ' to referendum petition? "FOR" 985 767 1,752 "AGAINST" 76 49 125 Resolution No. 2622-5-07tR1, Page 2 PROPOSITION NO. 11 - Shall Article X, Section 10.05 of the Allen City Charter be amended to be consistent with state law in regard to the sale of City property at a public auction? ' "FOR" 978 757 1,735 "AGAINST" 106 70 176 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 Robin L. Sedlacek was duly elected Councilmember, Place No. 4, and that Jeff McGregor was duly elected Councilmember, Place No. 6. Above named parties are hereby declared duly elected to those respective offices, subject to the taking of thew oaths as provided by the laws of the State of Texas. SECTION 2. It is determined that the Proposition Nos. 1-11 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 22ND DAY OF MAY, 2007. APPROVED: 'Stephen Terrell, MAYOR ATTEST: Shelley B. George, CITY SEC 'ARY Resolution No. 2622-5-07tR), Page 3