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R-2289-5-041 RESOLUTION NO. 2289-5-04tR1 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 15, 2004, FOR THE CITY COUNCH.MEMBERS AND THE PROPOSITION FOR DETERMINING WHETHER THE CITY SHALL BE AUTHORIZED TO SELLITRADE CERTAIN PARK LAND; 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 15th day of May, 2004, for the purpose of electing the hereinafter named officials, and consider returns of the proposition; 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.4 SUSAN BARTLEMAY 1,643 1,466 3,109 COUNCH.MEMBER PLACE NO.6 JEFF MCGREGOR 1,594 1,395 2,989 PROPOSITION — "Shall the City of Allen sell/trade 2.55 acres of park land in the Mary Standifer Survey as consideration for receipt of 5.992 acres of adjoining land in the Chadrick Johnson Survey to be designated for park purposes?" "FOR" 2,194 1,975 4,169 "AGAINST" 183 173 356 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 Susan Bartlemay 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 their oaths as provided by the laws of the State of Texas. SECTION 2: It is determined that a majority of the votes received on the election are for the proposition for the sale/trade of 2.55 acres of park land. The City Council of the City of Allen shall proceed with the necessary actions for the sale/trade of the aforementioned park land. 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 25TH DAY OF MAY, 2004. APPROVED: Stephen Terrell, MAYOR ATTEST: r� Imo_ C'.Y.1=� She ey B. Georg C, CITY WCRETARY Resolution No. 2289-5-04(R), Page 2