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Resolution 2006-15 RESOLUTION NO. 2006-15(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DECLARING THE RESUL TS OF THE CANVASS FOR THE ELECTION RETURNS OF THE SPECIAL ELECTION HELD ON MAY 13, 2006 FOR PROPOSITION NO.1 FOR THE LEGAL SALE OF BEER AND WINE FOR OFF- PREMISE CONSUMPTION ONLY AND FOR PROPOSITION NO. 2 FOR THE LEGAL SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY. WHEREAS, The City Council of the City of Wylie, Texas (City) held a Special Election on May 13,2006 for the purpose of voting for or against two propositions; Proposition No.1 for the legal sale of beer and wine for off-premise consumption only Proposition No.2 for the legal sale of mixed beverages in restaurants by food and beverage certificate holders only; and WHEREAS, a canvass of the Special Election returns was conducted on May 23,2006; and WHEREAS, it was found that the propositions herein named received the following votes for the City of Wylie, Texas: PROPOSITION NO.1 (Legal sale of beer and wine for off-premise consumption only) For Against 960 600 PROPOSITION NO.2 (Legal sale of mixed beverages in restaurants by food and beverage certificate holders only) For Against 1054 503 Resolution No. 2006-15(R) Canvass of the Special Local Options Election 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. Proposition No.1 is hereby declared passed for the legal sale of beer and wine for off-premise consumption only. SECTION 3. Proposition No.2 is hereby declared passed for the legal sale of mixed beverages in restaurants by food and beverage certificate holders only. SECTION 4. The Wylie City Council hereby finds and determines, as a result of the Canvass, held on May 23,2006, that the combined Election Day and Early Vote total were 1582 votes cast in the General and Special Election, with 801 early voters, as indicated by the poll list for the Special Election held on May 23, 2006. SECTION 5. It is hereby declared that the City of Wylie approves and accepts the results of the Special Election as set forth in the Order attached hereto as Exhibit A, as determined by the majority vote of the qualified voters of the City of Wylie. SECTION 6. This Resolution will become effective immediately upon its passage by the Wylie City Council. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 23rd day of May, 2006. Jo ATTEST: \\\\111111111 ,,\\ 0 F lA, II11 ,"_\ I'V 1- " ,'~", ......... r(" ....~ ~ ," .... 4".. /.. ~ ~ () ..- ... (<" ~ ~ : e-~_J -. -:. ; i S Et\L ! ~ - ~ e----~ : - -:;. -.". ...... ~ ~ 0... .... ~ ;" ~ ........ ~C::J ", 1111 YI../ E l't.i-- "" III ' ", 111111.11\\\\ Resolution No. 2006-15(R) Canvass of the Special Local Options Election 2 Exhibit A Resolution No. 2006-l5(R) Canvass of the Special Local Options Election 3 RESOLUTION NO. 2005-30(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ORDERING A SPECIAL ELECTION (LOCAL OPTION ELECTION) PURSUANT TO THE TEXAS ELECTION CODE TO BE HELD ON MAY 13, 2006; PROVIDING NOTICE OF THE ELECTION; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Wylie,Texas ("City"), is a home-rule municipality acting under its duly adopted charter pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City has received two petitions in conformance with the requirements of Chapter 501 of the Texas Election Code; and WHEREAS, Chapter 501.031 of the V.T.C.A., Texas Election Code ("Code") requires that the election be ordered; and WHEREAS, by this Resolution, it is the intention of the City Council to order an election on the issues, designate polling places for the election and provide for other necessary officers and to establish procedures for conducting the election; and WHEREAS, changes from prior practices may require pre-clearance under the Federal Voting Rights Act. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. SPECIAL ELECTION ORDERED: A Special Election is hereby ordered by the City Council of the City of Wylie, Texas to be held on Saturday, May 13, 2006, at which the following shall appear on the ballot: o FOR o AGAINST PROPOSITION NO.1 THE LEGAL SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION ONLY PROPOSITION NO.2 o FOR o AGAINST THE LEGAL SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY SECTION 2: ELECTION PROCEDURES AND NOTICE: The election, including Resolution No. 2005-30 (R) Call for May 13, 2006 Local Option Petition Page 1 providing notice of the election, shall be conducted in accordance with the Texas Election Code and other applicable law, and all resident qualified and registered voters of the City shall be eligible to vote at the election. SECTION: 3: NECESSARY ACTIONS: The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code, the Texas Alcoholic Beverage Code and any other state or federal law in carrying out and conducting the election, whether or not expressly authorized herein. DULY PASSED AND ADOPTED, this the17th day of November, 2006. CITY OF WYLIE, TEXAS \\\\\\U Jy10nd ,\' ot:" lA, 1111 "~_I I YV ", ",~", ........... / ........... " ..., .O!' ..<"/<<,~ ~ " .' "It--:, ... r ,., .. :: '-J" e.-~ .~ ~ ~ f SE f'..L ~ ~ -. ..M . _ -= ~ e=.~ l .... ...... .,.,.. ", ",. ,.", -:, "'. ",' c.. ....... ;". IA. .t(,...o...~t.. ........~:::> "..... "1 'V'yt I ,- -~t... ", 'II ~ C. \ ", 11"/11111\>\\\ ATTEST: (City Seal) Resolution No. 2005-30 (R) Call for May 13. 2006 Local Option Petition Page 2 SUMMARY OF PRECINCT RETURNS SPECIAL ELECTIONS Propositions 1 & 2 MAY 13, 2006 SPECIAL ELECTION EARLY VOTING & ELECTION DAY COMBINED Precincts Precincts 27,33,41,56,83, 133, 144,IA, 2601 25,153,159 Total Proposition I Proposition 2 COMBINED ELECTION DAY & EARLY VOTING BALLOTS CAST: 1,582 PERCENTAGE OF REGISTERED VOTERS: 110/0 TOTAL NUMBER OF REGISTERED VOTERS: 14,410 Resolution No. 2006-15(R) Canvass ofthe Special Local Options Election 4 SPECIAL ELECTION EARLY VOTING ONLY Propositions Precincts 27.33.41.56.83.133 144 lA. 2601 Precincts 25.153.159 Total Proposition I Proposition 2 TOTAL NUMBER EARLY VOTES CAST: 801 PERCENTAGE OF REGISTERED VOTERS: 5.6 0;" TOTAL NUMBER OF REGISTERED VOTERS: 14,410 Resolution No. 2006-15(R) Canvass of the Special Local Options Election 5 STATE OF TEXAS ~ CANVASS OF THE CITY OF WYLIE GENERAL ELECTION COUNTY OF COLLIN ~ May 15, 2006 I, Sharon Rowe, 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 13, 2006 City of Wylie General 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 15th day of May 2006. ~'i I II ... I /..lW~ Sharon Rowe Elections Administrator Collin County Q~~ Election Summary Report City and School Elections General and Special Elections May 13,2006 Summary For Wylie City, All Counters, All Races COMBINED EARLY VOTING AND ELECTION DAY ACCUMULATED TOTALS Date:05115/06 Time:12:50:16 Page: 1 of 1 Registered Voters 20998 - Cards Cast 1653 7.87% Num. Report Precinct 2 - Num. Reporting 2 100.00% Trustee, Place 4, COLLEGE Counci1member, Place 4, WYLIE j:'. Total Total Number of Precincts 2 I:: Number of Precincts 2 Precincts Reporting 2 100.0 % 1+ Precincts Reporting 2 100.0 % r Times Counted 1648/20670 8.0 % Times Counted 1582/14410 11.0 % Total Votes 870 Total Votes 1409 Times Blank Voted 778 Times Blank Voted 173 Times Over Voted 0 Times Over Voted 0 Number Of Under Votes 0 Number Of Under Votes 0 Sam Roach 870 100.00%'. Joel Hemphill 623 44.22% Merrill Young 575 40.81 % Trustee, Place 5, COLLEGE ri, Elvia Clark 211 14.98% Total Number of Precincts 2 WYLIE CITY PROP 1 Precincts Reporting 2 100.0 % Total I' Times Counted 1648/20670 8.0 % Number of Precincts 2 Total Votes 1047 Precincts Reporting 2 100.0 % Times Blank Voted 601 I'. Times Counted 1582/14410 11.0 % Times Over Voted 0 Total Votes 1560 Number Of Under Votes 0 Times Blank Voted 22 Jolm H. Rattan 427 40.78% Times Over Voted 0 Stacy Anne Arias 620 59.22%' Number Of Under Votes 0 FOR (A FAVOR) 960 61.54% Trustee, Place 6, COLLEGE AGAINST (EN CONTRA) 600 38.46% Total Number of Precincts 2 WYLIE CITY PROP 2 Precincts Reporting 2 100.0 % Total !I Times Counted 1648/20670 8.0 % Number of Precincts 2 : Total Votes 1064 :'. Precincts Reporting 2 100.0 % Times Blank Voted 584 t.;: Times Counted 1582/14410 11.0 % Times Over Voted 0 Total Votes 1557 Number Of Under Votes 0 Times Blank Voted 25 Kandi Sigona 472 44.36% Times Over Voted 0 Mac Hendricks 592 55.64% Number Of Under Votes 0 ",." FOR (A FAVOR) 1054 67.69% Councilmember, Place 2, WYLIE AGAINST (EN CONTRA) 503 32.31 % Total Number of Precincts 2 'I Precincts Reporting 2 100.0 % I:, Times Counted 1582/14410 11.0 % Total Votes 1451 " Times Blank Voted 131 Times Over Voted 0 Number Of Under Votes 0 Dan Rainey 661 45.55% lie M. G. "Red" Byboth 790 54.45% Statement of Votes Cast Date:05/15/06 City and School Elections Time:12:45:51 Page: 1 of7 General and Special Elections May 13,2006 SOVC For Wylie City, All Counters, All Races COMBINED EARLY VOTING AND ELECTION DA Y STATEMENT OF VOTES CAST TURN OUT Trustee, Place 4, COLLEGE Reg, Cards % Reg, Times Total Times Times Number Sam Roach Voters Cast Turnout Voters Counted Votes Blank Over Of Voted Voted Under Votes Jurisdiction Wide Southfork Polling 6628 246 3.710/. 6607 246 129 117 0 0 129 100.00% Early Voting 6628 149 2,25% 6607 149 94 55 0 0 94 100,00% Mail 6628 I 0.02% 6607 I I 0 0 0 I 100.00% Provisional 6628 I 0.02% 6607 1 I 0 0 0 I 100.00% Total 6628 397 5.990/. 6607 397 225 172 0 0 225 100.00% Wylie BC Polling 14370 579 4.030/. 14063 576 305 271 0 0 305 100.00% Early Voting 14370 677 4,71% 14063 675 340 335 0 0 340 100.00% Mail 14370 0 0.00% 14063 0 0 0 0 0 0 Provisional 14370 0 0.00% 14063 0 0 0 0 0 0 Total 14370 1256 8.74% 14063 1251 645 606 0 0 645 100.00% Total Polling 20998 825 3.93% 20670 822 434 388 0 0 434 100,00% Early Voting 20998 826 3.93% 20670 824 434 390 0 0 434 100,00% Mail 20998 I 0.00% 20670 I I 0 0 0 I 100.00% Provisional 20998 1 0,00% 20670 1 I 0 0 0 1 100.00% Total 20998 1653 7.870/. 20670 1648 870 778 0 0 870 100.00% Statement of Votes Cast Date:05/15/06 City and School Elections Time:12:45:51 Page:2 of 7 General and Special Elections May 13,2006 SOVC For Wylie City, All Counters, All Races COMBINED EARLY VOTING AND ELECTION DAY STATEMENT OF VOTES CAST Trustee, Place 5, COLLEGE Reg. Times Total Times Times Number John H. Rattan Stacy Anne Arias Voters Counted Votes Blank Over Of Voted Voted Under Votes Jurisdiction Wide Southfork Polling 6607 246 156 90 0 0 50 32.05% 106 67.95% Early Voting 6607 149 103 46 0 0 57 55.34% 46 44.66% Mail 6607 1 0 I 0 0 0 - 0 Provisional 6607 I 1 0 0 0 0 0.00% 1 100.00% Total 6607 397 260 137 0 0 107 41.15% 153 58.85% Wylie BC Polling 14063 576 379 197 0 0 142 37.47% 237 62.53% Early Voting 14063 675 408 267 0 0 178 43.63% 230 56.37% Mail 14063 0 0 0 0 0 0 - 0 Provisional 14063 0 0 0 0 0 0 - 0 Total 14063 1251 787 464 0 0 320 40.66% 467 59.34% Total Polling 20670 822 535 287 0 0 192 35.89% 343 64.11% Early Voting 20670 824 511 313 0 0 235 45.99% 276 54.01% Mail 20670 1 0 I 0 0 0 - 0 Provisional 20670 I 1 0 0 0 0 0.00% I 100.00% Total 20670 1648 1047 601 0 0 427 40.78% 620 59.22% Statement of Votes Cast Date:05/15/06 City and School Elections Time:12:45:51 Page:3 of 7 General and Special Elections May 13,2006 SOVC For Wylie City, All Counters, All Races COMBINED EARLY VOTING AND ELECTION DA Y STATEMENT OF VOTES CAST Trustee, Place 6, COLLEGE Reg. Times Total Times Times Number Kandi Sigona Mac Hendricks Voters Counted Votes Blank Over Of Voted Voted Under Votes Jurisdiction Wide Southfork Polling 6607 246 164 82 0 0 81 49.39% 83 50.61% Early Voting 6607 149 105 44 0 0 32 30.48% 73 69.52% Mail 6607 1 0 1 0 0 0 - 0 Provisional 6607 1 1 0 0 0 1 100.00% 0 0.00% Total 6607 397 270 127 0 0 114 42.22% 156 57.78% Wylie BC Polling 14063 576 394 182 0 0 203 51.52% 191 48.48% Early Voting 14063 675 400 275 0 0 155 38.75% 245 61.25% Mail 14063 0 0 0 0 0 0 - 0 Provisional 14063 0 0 0 0 0 0 - 0 Total 14063 1251 794 457 0 0 358 45.09% 436 54.91% Total Polling 20670 822 558 264 0 0 284 50.90% 274 49.10% Early Voting 20670 824 505 319 0 0 187 37.03% 318 62.97% Mail 20670 1 0 1 0 0 0 - 0 Provisional 20670 I 1 0 0 0 ] 100.00% 0 0.00% Total 20670 1648 1064 584 0 0 472 44.36% 592 55.64% Statement of Votes Cast Date:05/15/06 City and School Elections Time: 12:45:51 Page:4 of7 General and Special Elections May 13,2006 SOVC For Wylie City, All Counters, All Races COMBINED EARL Y VOTING AND ELECTION DA Y STATEMENT OF VOTES CAST Councilmember, Place 2, WYLIE Reg. Times Total Times Times Number Dan Rainey M. G. "Red" Voters Counted Votes Blank Over Of Byboth Voted Voted Under Votes Jurisdiction Wide Southfork Polling 3974 233 201 32 0 0 84 41.79% 117 58.2]% Early Voting 3974 146 138 8 0 0 72 52.17% 66 47.83% Mail 3974 1 1 0 0 0 1 100.00% 0 0.00% Provisional 3974 1 1 0 0 0 0 0.00% 1 100.00% Total 3974 381 341 40 0 0 ] 57 46.04% 184 53.96% Wylie BC Polling 10436 547 504 43 0 0 198 39.29% 306 60.71% Early Voting 10436 654 606 48 0 0 306 50.50% 300 49.50% Mail 10436 0 0 0 0 0 0 - 0 Provisional 10436 0 0 0 0 0 0 - 0 Total 10436 1201 1110 91 0 0 504 45.41% 606 54.59% Total Polling 14410 780 705 75 0 0 282 40.00% 423 60.00% Early Voting 14410 800 744 56 0 0 378 50.81% 366 49.19% Mail 14410 1 1 0 0 0 1 100.00% 0 0.00% ProvIsional 14410 1 1 0 0 0 0 0.00% 1 100.00% Total 14410 1582 1451 131 0 0 661 45.55% 790 54.45% Statement of Votes Cast Date:05/15/06 City and School Elections Time:12:45:51 Page:5 of7 General and Special Elections May 13,2006 SOVC For Wylie City, All Counters, All Races COMBINED EARLY VOTING AND ELECTION DA Y STATEMENT OF VOTES CAST Councilmember, Place 4, WYLIE Reg. Times Total Times Times Number Joel Hemphill Merrill Young Elvia Clark Voters Counted Votes Blank Over Of Voted Voted Under Votes Jurisdiction Wide South fork Polling 3974 233 207 26 0 0 84 40.58% 43 20.77% 80 38.65% Early Voting 3974 146 136 10 0 0 70 51.47% 37 27.21% 29 21.32% Mail 3974 1 1 0 0 0 0 0.00% 1 100.00% 0 0.00% Provisional 3974 1 1 0 0 0 0 0.00% 1 100.00% 0 0.00% Total 3974 381 345 36 0 0 154 44.64% 82 23.77% 109 31.59% Wylie BC Polling 10436 547 482 65 0 0 206 42.74% 226 46.89% 50 10.37% Early Voting 10436 654 582 72 0 0 263 45.19% 267 45.88% 52 8.93% Mail 10436 0 0 0 0 0 0 - 0 - 0 Provisional 10436 0 0 0 0 0 0 - 0 - 0 Total 10436 1201 1064 137 0 0 469 44.08% 493 46.33% 102 9.59% Total Polling 14410 780 689 91 0 0 290 42.09% 269 39.04% 130 18.87% Early Voting 14410 800 718 82 0 0 333 46.38% 304 42.34% 81 11.28% Mail 14410 1 1 0 0 0 0 0.00% 1 100.00% 0 0.00% Provisional 14410 1 1 0 0 0 0 0.00% 1 100.00% 0 0.00% Total 14410 1582 1409 173 0 0 623 44.22% 575 40.81% 211 14.98% Statement of Votes Cast Date:05/15/06 City and School Elections Time:12:45:51 Page:6 on General and Special Elections May 13,2006 SOVC For Wylie City, All Counters, All Races COMBINED EARL Y VOTING AND ELECTION DA Y STATEMENT OF VOTES CAST WYLIE CITY PROP 1 Reg. Times Total Times Times Number FOR (A FAVOR) AGAINST (EN Voters Counted Votes Blank Over Of CONTRA) Voted Voted Under Votes Jurisdiction Wide Southfork Polling 3974 233 226 7 0 0 138 61.06% 88 38.94% Early Voting 3974 146 145 1 0 0 87 60.00% 58 40.00% Mail 3974 1 1 0 0 0 0 0.00% 1 100.00% Provisional 3974 ] ] 0 0 0 1 100.00% 0 0.00% Total 3974 381 373 8 0 0 226 60.59% 147 39.41% Wylie BC Polling 10436 547 543 4 0 0 352 64.83% 191 35.17% Early Voting 10436 654 644 10 0 0 382 59.32% 262 40.68% Mail 10436 0 0 0 0 0 0 - 0 Provisional 10436 0 0 0 0 0 0 - 0 Total 10436 1201 1187 14 0 0 734 61.84% 453 38.16% Total Polling 14410 780 769 ]1 0 0 490 63.72% 279 36.28% Early Voting 14410 800 789 11 0 0 469 59.44% 320 40.56% Mail 14410 1 1 0 0 0 0 0.00% 1 100.00% Provisional 14410 I ] 0 0 0 I 100.00% 0 0.00% Total 14410 1582 1560 22 0 0 960 61.54% 600 38.46% Statement of Votes Cast Date:05/15/06 City and School Elections Time:12:45:51 Page:7 on General and Special Elections May 13,2006 SOVC For Wylie City, All Counters, All Races COMBINED EARL Y VOTING AND ELECTION DA Y STATEMENT OF VOTES CAST WYLIE CITY PROP 2 Reg. Times Total Times Times Number FOR (A FAVOR) AGAINST (EN Voters Counted Votes Blank Over Of CONTRA) Voted Voted Under Votes Jurisdiction Wide Southfork Polling 3974 233 227 6 0 0 154 67.84% 73 32.16% Early Voting 3974 146 146 0 0 0 106 72.60% 40 27.40% Mail 3974 I I 0 0 0 0 0.00% I 100.00% Provisional 3974 I 1 0 0 0 I 100.00% 0 0.00% Total 3974 381 375 6 0 0 261 69.60% 114 30.40% Wylie BC Polling 10436 547 537 10 0 0 373 69.46% 164 30.54% Early Voting 10436 654 645 9 0 0 420 65.12% 225 34.88% Mail 10436 0 0 0 0 0 0 - 0 Provisional 10436 0 0 0 0 0 0 - 0 Total 10436 1201 1182 19 0 0 793 67.09% 389 32.91% Total Polling 14410 780 764 16 0 0 527 68.98% 237 31.02% Early Voting 14410 800 791 9 0 0 526 66.50% 265 33.50% Mail 14410 I I 0 0 0 0 0.00% 1 100.00% Provisional 14410 I I 0 0 0 1 100.00% 0 0.00% Total 14410 1582 1557 25 0 0 1054 67.69% 503 32.31%