HomeMy WebLinkAbout2018-05-15 Special Meeting Packet AGENDA
City Council Special Meeting
Tuesday, May 15, 2018 @ 6:30 PM
A nna C ity Hall, 111 N. Powell Pkwy.
T he City Council of the City of Anna will meet in Special S ession at 6:30 P M, on May 15,
2018, at the A nna C ity Hall, L ocated at 111 North Powell P arkway (Hwy 5), to consider
the following items.
1.Call to Order, Roll Call and Establishment of Quorum
2.Consider/Discuss/Act on a Resolution canvassing the May 5, 2018 General
E lection. (City Council)
a
3.Consider/Discuss/Act on appointment for City Council vacancy. (City Council)
a
4.Consider/Discuss/Act on an Ordinance Ordering a Runoff Election on J une 16.
(City Attorney)
a
5.I ntroduction to S G R and presentation by B ob Turner of S G R. (City Council)
a
6.C L O S E D S E S S I O N (E X C E P T I O NS )
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation
and/or on matters in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflicts with Chapter 551 of the Government Code; anda
a
b. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074); City
Manager, Police Chief, and related contracts and appointments
The Council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings A ct.
a
7.Consider/Discuss/Action on any items listed on any agenda—work session, regular
meeting, or closed session—that is duly posted by the City of Anna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
(I f there is no need to address any other such agenda item, the Mayor shall adjourn
this meeting).
a
8.A djourn.
T his is to certify that I , Carrie L . S mith, City S ecretary, posted this agenda at a place
readily accessible to the public at the A nna C ity Hall and on the City Hall bulletin board at
or before May 11, 2018 at 5:00 p.m..
___________________________________
Carrie L . S mith, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session c oncerning any of the items listed on
this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact
the City Secretary at 972 924-3325 two working day s prior to the meeting so that appropriate
arrangements can be made.
Item No. 2.
City Council Agenda
Staff Report
Meeting Date: 5/15/2018
AG E ND A IT E M :
Consider/Discuss/Act on a Resolution canvassing the May 5, 2018 General Election. (City
Council)
S UM M ARY:
S TAF F RE C O M M E ND AT I O N:
AT TAC HM E NT S :
Description Upload Date Type
Resolution 5/11/2018 Resolution
Canvass Certification 5/11/2018 Backup Material
Resolution _________________
Canvassing the May 5, 2018 Election 1
CITY OF ANNA, TEXAS
RESOLUTION NO. _____________
(May 5, 2018 Election Canvass)
A RESOLUTION OF THE CITY OF ANNA, TEXAS CANVASSING THE RETURNS OF
A GENERAL ELECTION OF TWO CITY COUNCIL MEMBERS, ALL FOR THREE-
YEAR TERMS EXPIRING MAY 2020, AND A SPECIAL ELECTION INCLUDING
PROPOSITIONS A-E FOR AMENDMENTS TO THE CITY’S HOME RULE
CHARTER.
WHEREAS, a general election was held in the City of Anna, Texas on May 5, 2018 for the
purpose of electing two city council members, all for three-year terms; and
WHEREAS, a special election was held in the City of Anna, Texas on May 5, 2018 for the
purpose of the voters deciding on proposed amendments to the City’s Home Rule Charter as set
forth in Proposition A, Proposition B, Proposition C, Proposition D, and Proposition E; and
WHEREAS, the City Council of the City of Anna (“Council”) has reviewed and investigated all
matters pertaining to this election and returns thereof; and
WHEREAS, the Council hereby canvasses the returns of this election, at which there was
submitted to all resident, qualified electors of the City for their action thereupon, the election of
two city council members, all for three-year terms, and the above-referenced propositions to
amend the City’s Home Rule Charter; and
WHEREAS, the Council has diligently inquired into the poll lists and the official election
returns which were duly and lawfully made to this Council by the judges, officials and clerks
holding and conducting the election, the poll lists and the official elections returns showing
separately the votes cast in the election; and
WHEREAS, from the returns, this Council hereby finds that the following votes were cast in the
election by voters who were resident, qualified electors of the City; and
WHEREAS, each of the candidates in said election received the following votes:
Candidate/or Proposition Number of Votes
Mayor (Alcalde)
Nate Pike 363
City Council, Place 1 (Concilio de Ciudad, Lugar 1)
Stan Carver II 114
Kevin Matthew Toten 100
Resolution _________________
Canvassing the May 5, 2018 Election 2
Justin Burr 79
Anthony D. Richardson 73
Bill Morgan 33
John Houcek 14
WHEREAS, the propositions for amendments to the City’s home rule charter in said election
received the following votes;
Anna Proposition A
Allow personnel regulations to be adopted by resolution of the City Council.
For 238
Against 165
Anna Proposition B
Allow the City Council to fill by appointment any vacancy occurring on the City Council for an
unexpired term of 12 months or less.
For 273
Against 148
Anna Proposition C
Add prohibition against nepotism to the penalties established under City of Anna Home Rule
Charter Section 14.06, thereby causing a violation of the nepotism rules to result in forfeiture of
an elected or appointed City position and a period of ineligibility for same.
For 333
Against 79
Anna Proposition D
Increase the period of ineligibility to hold an elected or appointed City position from five years
to ten years for violation of any penalty listed under City of Anna Home Rule Charter Section
14.06.
For 290
Against 128
Anna Proposition E
Allow publication of City ordinances, resolutions, notice of public budget hearing, audit
summary, and various other notices and materials required to be published under the City of
Anna Home Rule Charter or other law by means other than newspaper publication, to the extent
permissible under state law.
For 353
Against 56
Resolution _________________
Canvassing the May 5, 2018 Election 3
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANNA THAT:
SECTION 1. The Council officially finds, determines, and declares that the election was dully
and properly ordered, that proper legal notice of such election was duly given in the English
language and the Spanish language, that proper election officers were duly appointed prior to the
election, that the election was duly and legally held, that all resident, qualified electors of the
City were permitted to vote at the election, and due returns of the results of the election had been
made and delivered, and that the City of Anna has duly canvassed such returns, all in accordance
with the laws of the State of Texas and of the United States of America and the Ordinance
calling the election.
SECTION 2. The following person is therefore elected as Mayor of the City for a term of three
(3) years:
Mayor Nate Pike
SECTION 3. It is hereby certified that no candidate for City Council, Place 1 received a
majority of votes cast in the May 5, 2018 election and a runoff election will be required between
the candidates with the highest and second highest number of votes in accordance with the City
of Anna Home Rule Charter and Texas law.
SECTION 4. The following propositions were therefore adopted for the City:
Proposition A
Allow personnel regulations to be adopted by resolution of the City Council.
Proposition B
Allow the City Council to fill by appointment any vacancy occurring on the City Council for an
unexpired term of 12 months or less.
Proposition C
Add prohibition against nepotism to the penalties established under City of Anna Home Rule
Charter Section 14.06, thereby causing a violation of the nepotism rules to result in forfeiture of
an elected or appointed City position and a period of ineligibility for same.
Proposition D
Increase the period of ineligibility to hold an elected or appointed City position from five years
to ten years for violation of any penalty listed under City of Anna Home Rule Charter Section
14.06.
Proposition E
Allow publication of City ordinances, resolutions, notice of public budget hearing, audit
summary, and various other notices and materials required to be published under the City of
Anna Home Rule Charter or other law by means other than newspaper publication, to the extent
permissible under state law.
Resolution _________________
Canvassing the May 5, 2018 Election 4
PASSED AND APPROVED on this ____ day of May, 2018.
ATTEST: APPROVED:
_____________________________ ___________________________
Carrie L. Smith, City Secretary Nate Pike, Mayor
STATE OF TEXAS § CANVASS OF THE CITY OF ANNA ELECTIO N
COUNTY OF COLLIN § MAY 5,2018
I, Bruce Sherbet, the undersigned Elections Administrator of Collin
County, do hereby certify that I have made an actual check and comparison of all
the ballots tabulated as voted with the Return Sheets, and the unused ballots as
recorded on the Register of Official Ballots . I, therefore, make the following
report of my findings from the May 5, 2018 , City of Anna Election that was held in
Collin County, Texas.
I hereby certify the results to be a full , true and correct tabulation, audit
and count of the votes cast in the said election.
WITNESS, my hand on this the 11th day of May 2018.
Election Summary Report
Collin County, Texas
General and Special Elections
May 5, 2018
Summary For Jurisdiction Wide, All Counters, Anna City
Early Voting and Election Day Combined Accumulated Totals
17 of 17 Vote Centers Reporting
Final
Date:05/11/18
Time:08:08:46
Page:1 of 2
Registered Voters 238418 - Cards Cast 462 0.19%Num. Report Precinct 101 - Num. Reporting 101 100.00%
Anna Mayor (40)
Total
Number of Precincts 12
Precincts Reporting 12 100.0 %
Vote For 1
Times Counted 462/6705 6.9 %
Total Votes 363
Times Blank Voted 99
Times Over Voted 0
Number Of Under Votes 0
Nate Pike 363 100.00%
Anna Council P1 (50)
Total
Number of Precincts 12
Precincts Reporting 12 100.0 %
Vote For 1
Times Counted 462/6705 6.9 %
Total Votes 413
Times Blank Voted 49
Times Over Voted 0
Number Of Under Votes 0
John Houcek 14 3.39%
Bill Morgan 33 7.99%
Stan Carver II 114 27.60%
Anthony D Richardson 73 17.68%
Kevin Matthew Toten 100 24.21%
Justin Burr 79 19.13%
Anna Proposition A (60)
Total
Number of Precincts 12
Precincts Reporting 12 100.0 %
Vote For 1
Times Counted 462/6705 6.9 %
Total Votes 404
Times Blank Voted 58
Times Over Voted 0
Number Of Under Votes 0
For 238 58.91%
Against 166 41.09%
Anna Proposition B (70)
Total
Number of Precincts 12
Precincts Reporting 12 100.0 %
Vote For 1
Times Counted 462/6705 6.9 %
Total Votes 422
Times Blank Voted 40
Times Over Voted 0
Number Of Under Votes 0
For 274 64.93%
Against 148 35.07%
Anna Proposition C (80)
Total
Number of Precincts 12
Precincts Reporting 12 100.0 %
Vote For 1
Times Counted 462/6705 6.9 %
Total Votes 413
Times Blank Voted 49
Times Over Voted 0
Number Of Under Votes 0
For 334 80.87%
Against 79 19.13%
Anna Proposition D (90)
Total
Number of Precincts 12
Precincts Reporting 12 100.0 %
Vote For 1
Times Counted 462/6705 6.9 %
Total Votes 419
Times Blank Voted 43
Times Over Voted 0
Number Of Under Votes 0
For 290 69.21%
Against 129 30.79%
Election Summary Report
Collin County, Texas
General and Special Elections
May 5, 2018
Summary For Jurisdiction Wide, All Counters, Anna City
Early Voting and Election Day Combined Accumulated Totals
17 of 17 Vote Centers Reporting
Final
Date:05/11/18
Time:08:08:46
Page:2 of 2
Registered Voters 238418 - Cards Cast 462 0.19%Num. Report Precinct 101 - Num. Reporting 101 100.00%
Anna Proposition E (100)
Total
Number of Precincts 12
Precincts Reporting 12 100.0 %
Vote For 1
Times Counted 462/6705 6.9 %
Total Votes 410
Times Blank Voted 52
Times Over Voted 0
Number Of Under Votes 0
For 353 86.10%
Against 57 13.90%
Item No. 3.
City Council Agenda
Staff Report
Meeting Date: 5/15/2018
AG E ND A IT E M :
Consider/Discuss/Act on appointment for City Council vacancy. (City Council)
S UM M ARY:
S TAF F RE C O M M E ND AT I O N:
Item No. 4.
City Council Agenda
Staff Report
Meeting Date: 5/15/2018
AG E ND A IT E M :
Consider/Discuss/Act on an Ordinance Ordering a Runoff Election on J une 16. (City Attorney)
S UM M ARY:
S TAF F RE C O M M E ND AT I O N:
AT TAC HM E NT S :
Description Upload Date Type
Ordinance 5/11/2018 Ordinance
Early Voting 5/11/2018 Backup Material
Election Day Voting 5/11/2018 Backup Material
Cost Estimate from Collin County 5/11/2018 Backup Material
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
ORDERING A RUNOFF ELECTION TO BE HELD ON JUNE 16, 2018, FOR THE
PURPOSE OF ELECTING ONE CITY COUNCIL MEMBER; DESIGNATING POLLING
PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AUTHORIZING
EXECUTION OF ELECTION CONTRACTS; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, under Texas law, if a candidate does not receive enough votes to be elected
in an election requiring a majority vote, a runoff election is required for the candidates
who receive the highest and second highest number of votes; and
WHEREAS, in accordance with Article 3, Section 5.04(a) of the Charter of the City of
Anna, Texas (“City”), a runoff election is required if no candidate for a City elective office
receives a majority of the votes cast;
WHEREAS, the City of Anna City Council (“Council”) is required to order such a runoff
election not later than the fifth day after the final canvass of the main election is
completed; and
WHEREAS, following the final canvass of the election held on May 5, 2018, it has been
determined that no candidate for Place 1 on the Council received a majority of the votes
cast;
WHEREAS, it is necessary that the Council order a runoff election to be held on the 16th
day of June, 2018, from 7:00 a.m. to 7:00 p.m., for the purpose of electing one council
member for Place 1; and
WHEREAS, the Mayor has certified to the City Secretary that the Place 1 candidates
Stan Carver II and Kevin Toten received the vote totals necessary for them to be placed
on the runoff election ballot, and directs the City Secretary to deliver the certification to
the authority responsible for having the official ballot prepared;
WHEREAS, the election shall be held as a Runoff Election administered by the Collin
County Elections Administrator in accordance with the provisions of the Texas Election
Code, the Charter of the City of Anna, and a Contract for Election Services with the
County of Collin; and
WHEREAS, the City of Anna accepts Collin County Election Administration’s use of the
direct record and optical scan voting systems, which have been certified by the Secretary
of State in accordance with the Texas Election Code and approved by the United States
Department of Justice.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
___________________ ______________ _____________ _____________ _____________ ____________
ORD __________
June 2018 Runoff Election Order
PAGE 2 OF 4
SECTION 1. ELECTION ORDER
A runoff election is hereby ordered to be held by the City of Anna, Texas, on Saturday,
June 16, 2018, for the purpose of electing a council member for Place 1. Polling locations
for the election will be determined in the Contract for Election Services to be entered into
with Collin County. The polling locations shall be open between the hours of 7:00 a.m.
and 7:00 p.m. the date of the election. The election will be conducted in accordance with
the Contract for Election Services, by and between the City and Collin County, and the
Texas Election Code.
SECTION 2. ELECTION NOTICE
The City Secretary is hereby directed to cause notice of said election to be published at
least once, not earlier than the 30th day nor later than the 10th day, before election day
as provided in Section 2.026 and Section 4.003 of the Texas Election Code; and shall be
posted on the bulletin board used for posting notices of the City Council meetings not
later than the 15th day before election day. 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 at the time of posting
stating the date and place of posting in accordance with Texas Election Code Section
4.005. The City Secretary is also directed to post the election notice on the Internet
website of the City of Anna.
SECTION 3. EARLY VOTING
Early voting by personal appearance by any qualified Collin County resident shall be
conducted at the following addresses, or at any of the other Collin County Vote Centers*
established by the Collin County Elections Administrator and designated for use in this
election. Early voting by personal appearance for the June 16, 2018, runoff election will
be conducted by the Collin County Elections Administration.
The dates and times for early voting by personal appearance are as follows:
Polling Place Address City
Collin County Elections Office
(Main Early Voting Location)
2010 Redbud Blvd. Ste 102 McKinney
Anna City Hall 111 N. Powell Pkwy Anna
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
June 3 June 4
Early Voting
8am – 5pm
June 5
Early Voting
8am – 5pm
June 6
Early Voting
8am – 5pm
June 7
Early Voting
8am – 7pm
June 8
Early Voting
8am – 5pm
June 9
Early Voting
8am – 5pm
June 10
June 11
Early Voting
7am – 7pm
June 12
Early Voting
7am – 7pm
June 13
June 14
June 15
June 16
Election Day
7am – 7pm
___________________ ______________ _____________ _____________ _____________ ____________
ORD __________
June 2018 Runoff Election Order
PAGE 3 OF 4
Important Note: Eligible Collin County registered voters (with an effective
date of registration on or before June 16, 2018) may vote at any of the above
early voting locations.
SECTION 4. ELECTION DAY POLLING PLACE
On June 16, 2018, Runoff Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. and
conducted at the Anna City Hall, 111 N. Powell Pkwy, Anna, Texas 75409 or at any of the other
vote centers established by the Contract for Election Services. The Collin County Elections
Administrator will conduct the run-off election to be held on Saturday, June 16, 2018.
SECTION 5. EARLY VOTING BY MAIL
Applications for early voting ballot by mail shall be mailed to: Bruce Sherbet Elections
Administrator, 2010 Redbud Blvd., Ste. 102, McKinney, Texas 75069. Applications for
early voting ballot by mail must be received no later than the close of business on June
12, 2018.
SECTION 6. ELECTRONIC VOTING EQUIPMENT
In accordance with Section 123.001 of the Texas Election Code, the Direct Record and
Optical Scan Voting Systems approved by the Secretary of State are hereby adopted for
the election on June 16, 2018.
SECTION 7. ADMINISTRATION AND PROCEDURES OF THE ELECTION
The City Manager is hereby authorized and directed to enter into any agreements with
Collin County Elections Administration, make any necessary supplements to said
agreements, and to execute such election agreements for said election.
SECTION 8. ELECTION OFFICIALS
Pursuant to the Contract for Election Services, the Collin County Elections Administrator
shall serve as Early Voting Clerk for the election. Presiding Election Judges and
Alternate Presiding Election Judges appointed to serve at said polling places shall be
those election officials furnished by Collin County Elections Administrator.
SECTION 9. EARLY VOTING BALLOT BOARD
An Early Voting Ballot Board shall be created to process early voting results in
accordance with Section 87.007 of the Texas Election Code. The Early Voting Ballot
Board shall be made up of members appointed in the manner stated in the Contract for
Election Services and the Presiding Judge and Alternate Presiding Judge of the Early
Voting Ballot Board shall be the election officials listed in the Contract for Election
Services.
SECTION 10. SAVINGS, SEVERABILITY AND REPEALING CLAUSES
___________________ ______________ _____________ _____________ _____________ ____________
ORD __________
June 2018 Runoff Election Order
PAGE 4 OF 4
Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
resolution be adjudged or held to be void or unconstitutional, the same shall not affect
the validity of the remaining portions of said resolution, which shall remain in full force
and effect.
SECTION 11. EFFECTIVE DATE
This ordinance shall become effective immediately from and after its passage.
APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the
_____ day of May, 2018.
ATTESTED:
_________________________
City Secretary Carrie L. Smith
APPROVED:
_________________________
Mayor Nathan Pike
JUNE 16, 2018
RUNOFF ELECTION
Exhibit A: Collin County Early Voting Locations, Dates and Hours
Polling Place Address City
Collin County Elections Office
(Main Early Voting Location)
2010 Redbud Blvd. Ste 102 McKinney
Allen Municipal Courts Facility 301 Century Pkwy Allen
Anna City Hall 111 N. Powell Pkwy Anna
Prosper Municipal Chambers 108 W. Broadway St. Prosper
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
June 3 June 4
Early Voting
8am – 5pm
June 5
Early Voting
8am – 5pm
June 6
Early Voting
8am – 5pm
June 7
Early Voting
8am – 7pm
June 8
Early Voting
8am – 5pm
June 9
Early Voting
8am – 5pm
June 10
June 11
Early Voting
7am – 7pm
June 12
Early Voting
7am – 7pm
June 13
June 14
June 15
June 16
Election Day
7am – 7pm
Important Note: Eligible Collin County registered voters (with an effective date of
registration on or before June 16, 2018) may vote at any of the above early voting
locations.
JUNE 16, 2018
RUNOFF ELECTION
Collin County Election Day Polling Locations
7 AM – 7 PM
Exhibit B:
Polling Place Address City
Allen Municipal Courts Facility 301 Century Pkwy Allen
Anna City Hall 111 N. Powell Pkwy Anna
Prosper Municipal Chambers 108 W. Broadway Prosper
Important Note: Eligible Collin County registered voters (with an effective date of
registration on or before June 16, 2018) may vote at any of the above Election Day
locations.
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2
.
1
0
Item No. 5.
City Council Agenda
Staff Report
Meeting Date: 5/15/2018
AG E ND A IT E M :
I ntroduction to S G R and presentation by B ob Turner of S G R. (City Council)
S UM M ARY:
S TAF F RE C O M M E ND AT I O N: