05-18-00700-CV ACCEPTED 05-18-00700-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 6/18/2018 2:45 PM LISA MATZ CLERK No.__________________________ _______________________________________________ FILED IN IN THE 5th COURT OF APPEALS DALLAS, TEXAS FIFTH COURT OF APPEALS 6/18/2018 2:45:02 PM LISA MATZ Clerk AT DALLAS, TEXAS ________________________________________________ IN RE TOM HARRISON (RELATOR) V. LISA HENDERSON, CITY SECRETARY OF THE CITY OF PLANO, TEXAS (RESPONDENT) CITY OF PLANO, TEXAS (REAL PARTY IN INTEREST) _________________________________________________ PETITION FOR WRIT OF MANDAMUS Emergency Relief Requested – filed concurrently with this Writ of Mandamus _________________________________________________ Oral Argument Requested TO THE HONORABLE FIFTH COURT OF APPEALS: NOW COMES Relator, Tom Harrison, and submits this Petition for Writ of Mandamus, requesting Emergency Relief and filed concurrently with this Writ of Mandamus. Respectfully submitted, i MARTINEZ DE VARA LAW FIRM PO BOX 377 Von Ormy, TX 78073 (210) 622-0323 (210) 622-4021 By: /s/: Adrian A. Spears II Adrian A. Spears II State Bar No. 24049318 Email: adrian@aspearslaw.com Art Martinez de Vara Texas Bar No. 24060230 Email: art@mdv-law.com ATTORNEYS FOR RELATOR TOM HARRISON ii TABLE OF CONTENTS TABLE OF AUTHORITIES ....................................................................................v IDENTITY OF PARTIES AND COUNSEL ........................................................ viii STATEMENT OF THE CASE ..................................................................................1 STATEMENT OF JURISDICTION..........................................................................2 ISSUE PRESENTED .................................................................................................2 STATEMENT OF FACTS ........................................................................................2 ARGUMENT .............................................................................................................6 SUMMARY OF ARGUMENT ................................................................................. 6 ARGUMENTS AND AUTHORITIES ..................................................................... 7 I. STANDARD OF REVIEW ....................................................................................7 II. THE CITY OF PLANO, TEXAS CITY SECRETARY LISA HENDERSON ABUSED HER DISCRETION BY CERTIFYING PETITIONS IN VIOLATION OF CITY OF PLANO CITY CHARTER……....................................................................................... .................8 III. NO ADEQUATE REMEDY .............................................................................14 PRAYER ..................................................................................................................15 CERTIFICATE OF SERVICE ................................................................................16 iii CERTIFICATE OF COMPLIANCE .......................................................................16 Appendix ..................................................................................................................17 iv TABLE OF AUTHORITIES Cases Anderson v. City of Seven Points, 806 S.W.2d 791, 793 (Tex. 1991) See also Dykes v. City of Houston, 406 S.W.2d 176, 183 (Tex. 1966) ......................................... 7 BCCA Appeal Group, Inc., 496 S.W.3d at 20 .......................................................... 9 BCCA Appeal Grp., Inc. v. City of Houston, 496 S.W.3d 1, 20 (Tex. 2016).............. 8 Bd. of Adjustment of City of San Antonio v. Wende, 92 S.W.3d 424, 430 (Tex. 2002) 9 Boeing Co. v. Paxton, 466 S.W.3d 831, 838 (Tex. 2015) ....................................... 11 Bolton v. Sparks, 362 S.W.2d 946, 951 (Tex. 1962)................................................. 9 City of Houston v. Todd, 41 S.W.3d 289, 297 (Tex. App.—Houston [1st Dist.] 2001, pet. denied).......................................................................................................... 8 Colorado Cnty. v. Staff, No. 15-0912, 2017 WL 461363, at *6, 510 S.W.3d 435, 444, 2017 Tex. LEXIS 124, *15 (Tex. 2017) ............................................................. 10 Crosstex Energy Servs., L.P. v. Pro Plus, Inc., 430 S.W.3d 384, 389 (Tex. 2014)..... 9 Crosstex Energy Servs., L.P., 430 S.W.3d at 390 ................................................... 10 Dawkins v. Meyer, 825 S.W.2d 444, 448 (Tex. 1992) .............................................. 9 Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-242 (Tex. 1985) .... 8 Hall v. Baum, 452 S.W.2d 699, 702 (Tex. 1970) ..................................................... 9 Houston Belt & Terminal Ry. Co. v. City of Houston, 487 S.W.3d 154, 164 (Tex. 2016)................................................................................................................... 9 Howeth Invs., Inc. v. City of Hedwig Vill., 259 S.W.3d 877, 904 (Tex. App.— Houston [1st Dist.] 2008, pet. denied) .................................................................. 9 Howeth Invs., Inc., 259 S.W.3d at 905................................................................... 10 v In re Arnold, 443 S.W.3d 269, 274 (Tex. App.—Corpus Christi 2014, orig. proceeding) ......................................................................................................... 8 In re Cullar, 320 S.W.3d 560, 563-64 (Tex. App.—Dallas 2010, orig. proceeding) .. 9 In re Francis, 186 S.W.3d 534, 542 (Tex. 2006) (orig. proceeding) ......................... 9 In re Scott, 2017 Tex. App. LEXIS 2661, *12-14, 2017 WL 1173829....... 8, 9, 10, 11 In re Williams, 470 S.W.3d 819, 821, 2015 Tex. LEXIS 749, *5, 58 Tex. Sup. J. 1564, 2015 WL 4931372 ............................................................................... 7, 15 Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985) ................ 8 Molinet v. Kimbrell, 356 S.W.3d 407, 411 (Tex. 2011) .......................................... 10 Paxton v. City of Dallas, 509 S.W.3d 247, 257, 2017 Tex. LEXIS 122, *17, 2017 WL 469597, at *7 (Tex. 2017) ........................................................................... 11 R.R. Comm'n v. Tex. Citizens for a Safe Future & Clean Water, 336 S.W.3d 619, 628-30 (Tex. 2011) ............................................................................................ 10 Rossano v. Townsend, 9 S.W.3d 357, 363 (Tex. App.—Houston [14th Dist.] 1999, no pet.)..................................................................................................................... 8 State v. Shumake, 199 S.W.3d 279, 284 (Tex. 2006) .............................................. 10 Sw. Royalties, Inc. v. Hegar, 500 S.W.3d 400, 404 (Tex. 2016) ............................. 11 Tex. Ass'n of Acupuncture & Oriental Med. v. Tex. Bd. of Chiropractic Exam’rs, No. 03-15-00262-CV, 2017 WL 672455, at *4, ___ S.W.3d ___, ___, 2017 Tex. App. LEXIS 1396, *9-10 (Tex. App.—Austin Feb. 17, 2017, no. pet. h.) .................... 10 Tex. Dep't of Transp. v. Needham, 82 S.W.3d 314, 318 (Tex. 2002)......................... 9 Tex. Lottery Comm'n v. First State Bank of DeQueen, 325 S.W.3d 628, 635 (Tex. 2010)................................................................................................................... 9 Statutes Texas Election Code section 161.009..................................................................... 2 vi Texas Election Code section 273.061..................................................................... 2 Texas Government Code section 22.221 ................................................................ 2 Other Authorities City of Plano Charter section 11.11 ..................................................................... 13 City Of Plano Charter Section 6.02 ................................................................. passim Plano City Charter Section 6.01 ............................................................................. 4 vii IDENTITY OF PARTIES AND COUNSEL Tom Harrison Relator Adrian A. Spears II State Bar No. 24049318 Email: adrian@aspearslaw.com Art Martinez de Vara Texas Bar No. 24060230 Email: art@mdv-law.com MARTINEZ DE VARA LAW FIRM PO BOX 377 Von Ormy, TX 78073 (210) 622-0323 (210) 622-4021 Attorneys for Relator Lisa Henderson, City Secretary City of Plano Plano Municipal Center 1520 K Avenue Plano, Texas 75074 (972) 941-7551 Email: lisah@plano.gov Respondent Mayor Harry LaRosiliere City of Plano Plano Municipal Center 1520 K Avenue Plano, Texas 75074 (972) 941-7551 Email: mayor@plano.gov Real Party in Interest Paige Mims City Attorney City of Plano 1520 Avenue K viii Suite 340 Plano, Texas 75074 972-941-7125 972-424-0099 Fax Attorney for Respondent and Real Party in Interest ix STATEMENT OF THE CASE 1. This Mandamus action was filed as a result of the City of Plano City Secretary erroneously certifying petitions for recall of Council Member Harrison. Specifically, on or about April 4, 2018, Lisa Henderson, City of Plano, Texas City Secretary received a petition with approximately 4,400 signatures to recall councilmember Harrison. However, the City of Plano City Charter Section 6.02 states that: “the petition shall be signed by the qualified voters of the city in number to at least (30) percent of the number of votes cast at the regular municipal election of the City.” The number of qualified voters of the City based on the most recent data collected at the regular municipal election cycle is: 27,208 therefore (30) percent needed for the petition to recall Harrison was 8,163. Thereafter, on or about April 9, 2018, the City of Plano, Texas City Council voted to hold the recall election and set a formal hearing after the fact on or about April 23, 2018. 2. As such Lisa Henderson, City Secretary of the City of Plano, Texas abused her discretion by certifying the petition to recall Harrison in violation of the City of Plano City Charter. Therefore, this writ of Mandamus was necessary and emergency relief requested to void the actions of the City Secretary and to prevent Councilmember Harrison’s name from being placed on the ballot for the November 2018, election as any actions taken by council were based on the erroneous actions of the City Secretary. 1 STATEMENT OF JURISDICTION 3. This Court has jurisdiction to hear this original proceeding under Texas Government Code section 22.221 and under Texas Election Code sections 161.009 & 273.061. ISSUES PRESENTED 1. WHETHER IT WAS AN ABUSE OF DISCRETION FOR THE CITY SECRETARY TO CERTIFY THE PETITIONS FOR RECALL OF COUNCILMEMBER HARRISON AS THE NUMBER OF SIGNATURES REQUIRED FOR THE PETITIONS WAS LACKING IN VIOLATION OF CITY OF PLANO CHARTER SECTION 6.02. 2. NO ADEQUATE REMEDY STATEMENT OF FACTS 4. Plaintiff, Council Member Tom Harrison was elected to the Plano City Council in May, 2015. Since elected, Councilmember Harrison has been outspoken regarding the motives and economics of the Mayor and City Council’s adoption of the comprehensive plan commonly known as the “Plano Tomorrow Plan.” Put simply, the Plano Tomorrow plan is nothing more than a tool to allow the Mayor and city staff carte blanche to build and subsidize and approve any projects that big pocket commercial development contributors want. As a result of Harrison’s concerns and resistance to the Plano Tomorrow Plan, tensions between the Mayor, City staff and Harrison grew and public support for Harrison and a grass roots effort has grown against the Plano Tomorrow Plan. In fact, at the last election cycle the 2 Mayor narrowly squeaked by since the citizens have started to be informed and educated of the economics of the “Plano Tomorrow Plan.” See affidavit attached hereto and incorporated by reference as Exhibit “A”. 5. As a result of Mr. Harrison’s concerns for the citizens of Plano and his opposition to the Plano Tomorrow Plan the Mayor, city staff and the Mayor’s supporters have begun to target Councilmember Harrison and have tried desperately to silence him and actually went so far as to organize a petition drive to gather signatures to recall Councilmember Harrison. There is no doubt that these efforts were spearheaded by the Mayor and his supporters as the Mayor himself signed the recall petition along with at least one other council member, at least one member of the planning and zoning commission, as well as members of the Chamber of Commerce, all supporters of the mayor and the Plano Tomorrow Plan. Id. 6. On or about February 13, 2018, Councilmember Harrison shared a Facebook video with the caption “Share if you think Trump should ban Islam in American Schools”. The mayor immediately saw an avenue to plan an attack on Harrison and called a press conference to denounce Harrison and called for his resignation. Councilmember Harrison immediately issued an apology on Facebook as his intent was “not to target the Muslim Community but was intended to emphasize that Christianity is not the only religion being targeted for exclusion in public schools.” Harrison also explained that it is his “belief that all should be free to worship as they 3 choose, but we live in a time where any practice of religion expression in public schools is rarely tolerated.” Harrison further stated that his hope that his post “would spark a renewed discussion about all religions and their place in our public schools.” Id. Harrison stated that his action was “personal in nature” and were made on a Facebook post. It should be noted that the Plano City Charter states in Sec. 6.01 that “Any elected city official, whether elected to office by the qualified voters of the city or appointed by the city council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the city on grounds of incompetency, misconduct or malfeasance in office. Emphasis added. See Plano City Charter Section 6.01 attached hereto as Exhibit “B.” At no time was any statement made by Harrison concerning City business and was not made in the course and scope of his position as Council Member. 7. Thereafter, on or about February 18, 2018, the Mayor and Council called a special meeting and held a closed meeting in executive session on a Sunday to discuss the Facebook post and to censure Harrison. See minutes of City of Plano City Council meeting dated February 18, 2018 attached hereto as Exhibit “C”. On or about April 4, 2018, petitions to recall Harrison were turned into the City Secretary containing approximately 4,400 signatures which was far short of the number of signatures required for a recall election. Specifically, Section 6.02 of the City of Plano City Charter states that: “the petition shall be signed by the qualified 4 voters of the city in number to at least (30) percent of the number of votes cast at the regular municipal election of the City.” See Plano City Charter Section 6.02 attached hereto as Exhibit “B.” The number of qualified voters of the City based on the most recent data collected at the regular municipal election cycle is: 27,208 therefore (30) percent needed for the petition to recall Harrison was 8,163. See Election Summary Report Collin County, Texas General and Special Election for May 6, 2017 Attached hereto as Exhibit “D.” However, the City Secretary certified the petitions with complete disregard for the proper number of signatures required under the City Charter. To make matters worse, on or about April 9, 2018 the City Council voted to hold the recall election without giving Harrison the option of a formal hearing until April 23, 2018. See minutes of the City of Plano City Council dated April 9, 2018 and minutes of the City of Plano City Council dated April 23, 2018 attached hereto as Ex “E” and “F” respectively. 8. In summary, there is no doubt that the recall efforts were part of a political scheme by the Mayor and his followers but more shocking is the fact that the City Staff took direction and assisted with the scheme. Not only were errors glossed over, such as specifically pointing out the grounds upon which the petition for removal was based, but the actual number of signatures required was never achieved. Although the recall election is scheduled for the November 2018 ballot, the City Secretary certified the petition based on a percentage of registered voters cast at the 5 regular election for the year 2015. There is no doubt that the mayor and his supporters fell far short in gathering the proper number of signatures, but they also made it impossible for Councilmember Harrison to be heard as they voted on the recall prior to giving Councilmember Harrison the opportunity to be heard at a required public hearing. Finally, Councilmember Harrison never showed any signs of incompetency, malfeasance or misconduct while in his official capacity and such efforts to circulate a petition was erroneous. ARGUMENT SUMMARY OF THE ARGUMENT 9. City of Plano Charter Sec. 6.02. – Petitions for recall states: “Before the question of recall of such officer shall be submitted to the qualified voters of the city, a petition demanding such question to be so submitted shall first be filed with the person performing the duties of city secretary; which said petition shall be signed by qualified voters of the city equal in number to at least thirty (30) percent of the number of votes cast at the regular municipal election of the city, but in no event less than one hundred fifty (150) such petitioners. Each signature on a recall petition shall conform to the requirements for information as set forth in the Texas Election Code.” See City of Plano City Charter Section 6.02 attached as Exhibit “B.” 10. As stated above, the City Secretary received 4,400 signatures and apparently used the number of qualified voters from the year 2015 from when Council member 6 Harrison was initially elected as a sample of the number of votes cast at the regular municipal election of the city. The City Charter is clear and does not require the voters to “look back” at the initial year of election of the target Council member made the subject to the recall petition. The City Secretary clearly abused her discretion in certifying the petitions for recall by adding in an additional requirement that she “look back” to the election cycle for Councilmember Harrison which resulted in a significantly smaller sample size of voters. The most recent data sample of registered voters that voted at the regular municipal election of the city was 27,208 therefore (30) percent needed for the petition to recall Harrison was 8,163 which is at least (30) percent of the number of votes cast at the regular municipal election of the city. See Election Summary Report Collin County, Texas General and Special Election for May 6, 2017 Attached hereto as Ex “D.” ARGUMENTS AND AUTHORITIES I. STANDARD OF REVIEW. 11. Mandamus may issue to compel public officials to perform ministerial acts, as well as “to correct a clear abuse of discretion by a public official.” In re Williams, 470 S.W.3d 819, 821, 2015 Tex. LEXIS 749, *5, 58 Tex. Sup. J. 1564, 2015 WL 4931372 citing Anderson v. City of Seven Points, 806 S.W.2d 791, 793 (Tex. 1991) See also Dykes v. City of Houston, 406 S.W.2d 176, 183 (Tex. 1966). 12. A clear abuse of discretion is found when an action is so arbitrary and 7 unreasonable as to amount to a clear and prejudicial error of law Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985). The test is whether the respondent clearly acted without reference to any guiding rules and principles, or whether the act was arbitrary or unreasonable. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-242 (Tex. 1985). II. THE CITY OF PLANO CITY SECRETARY ABUSED HER DISCRETION BY CERTIFYING THE PETITONS FOR RECALL OF COUNCILMEMBER HARRISON AS THE NUMBER OF SIGNATURES REQUIRED FOR PETITIONS WAS LACKING IN VIOLATION OF CITY OF PLANO CITY CHARTER SECTION 6.02. a. Statutory Construction of City Charter 13. In Texas the Courts construe a city charter provision according to the rules governing the interpretation of statutes generally. See In re Scott, 2017 Tex. App. LEXIS 2661, *12-14, 2017 WL 1173829, citing In re Arnold, 443 S.W.3d 269, 274 (Tex. App.—Corpus Christi 2014, orig. proceeding); City of Houston v. Todd, 41 S.W.3d 289, 297 (Tex. App.—Houston [1st Dist.] 2001, pet. denied); Rossano v. Townsend, 9 S.W.3d 357, 363 (Tex. App.—Houston [14th Dist.] 1999, no pet.). Further, the Courts apply the same principles used to construe statutes to construe municipal ordinances. See In re Scott, 2017 Tex. App. LEXIS 2661, *12-14, 2017 WL 1173829, citing BCCA Appeal Grp., Inc. v. City of Houston, 496 S.W.3d 1, 20 (Tex. 2016); Bd. of Adjustment of City of San Antonio v. Wende, 92 S.W.3d 424, 430 (Tex. 8 2002); Howeth Invs., Inc. v. City of Hedwig Vill., 259 S.W.3d 877, 904 (Tex. App.— Houston [1st Dist.] 2008, pet. denied). 14. The Court reviews statutory construction de novo. See In re Scott, 2017 Tex. App. LEXIS 2661, *12-14, 2017 WL 1173829, citing Crosstex Energy Servs., L.P. v. Pro Plus, Inc., 430 S.W.3d 384, 389 (Tex. 2014). In other words, statutory construction is a question of law for the court to decide. Tex. Dep't of Transp. v. Needham, 82 S.W.3d 314, 318 (Tex. 2002). In this regard, constitutional or statutory provisions that restrict the right to hold a public office are strictly construed against ineligibility. See In re Scott, 2017 Tex. App. LEXIS 2661, *12-14, 2017 WL 1173829, citing In re Francis, 186 S.W.3d 534, 542 (Tex. 2006) (orig. proceeding); Dawkins v. Meyer, 825 S.W.2d 444, 448 (Tex. 1992); Hall v. Baum, 452 S.W.2d 699, 702 (Tex. 1970); In re Cullar, 320 S.W.3d 560, 563-64 (Tex. App.—Dallas 2010, orig. proceeding). 15. In construing statutes, the Court’s primary objective is to give effect to the enacting body's intent. See In re Scott, 2017 Tex. App. LEXIS 2661, *12-14, 2017 WL 1173829, citing Houston Belt & Terminal Ry. Co. v. City of Houston, 487 S.W.3d 154, 164 (Tex. 2016); Tex. Lottery Comm'n v. First State Bank of DeQueen, 325 S.W.3d 628, 635 (Tex. 2010); Bolton v. Sparks, 362 S.W.2d 946, 951 (Tex. 1962); Howeth Invs., Inc., 259 S.W.3d at 904. To discern that intent, under well-settled principles of statutory construction, the Court begins with the statutory language itself. BCCA Appeal Group, Inc., 496 S.W.3d at 20; State v. Shumake, 199 S.W.3d 279, 284 (Tex. 9 2006). “The plain meaning of the text is the best expression of legislative intent unless a different meaning is apparent from the context or the plain meaning leads to absurd or nonsensical results.” Molinet v. Kimbrell, 356 S.W.3d 407, 411 (Tex. 2011); see Colorado Cnty. v. Staff, No. 15-0912, 2017 WL 461363, at *6, 510 S.W.3d 435, 444, 2017 Tex. LEXIS 124, *15 (Tex. 2017). The Court further presumes the enacting body chose statutory language deliberately and purposefully. Crosstex Energy Servs., L.P., 430 S.W.3d at 390. 16. If a statute is clear and unambiguous, the Court must apply its words according to their common meaning without resorting to rules of construction. See In re Scott, 2017 Tex. App. LEXIS 2661, *12-14, 2017 WL 1173829, citing Shumake, 199 S.W.3d at 284. If a statute is ambiguous—i.e., there is more than one reasonable interpretation—the Court gives “serious consideration” to the construction of the statute by the administrative agency charged with its enforcement, “so long as the construction is reasonable and does not conflict with the statute’s language.” See In re Scott, 2017 Tex. App. LEXIS 2661, *12-14, 2017 WL 1173829, citing R.R. Comm'n v. Tex. Citizens for a Safe Future & Clean Water, 336 S.W.3d 619, 628-30 (Tex. 2011); Tex. Ass'n of Acupuncture & Oriental Med. v. Tex. Bd. of Chiropractic Exam’rs, No. 03-15-00262-CV, 2017 WL 672455, at *4, ___ S.W.3d ___, ___, 2017 Tex. App. LEXIS 1396, *9-10 (Tex. App.—Austin Feb. 17, 2017, no. pet. h.); Howeth Invs., Inc., 259 S.W.3d at 905. However, “deferring to an agency’s construction is appropriate 10 only when the statutory language is ambiguous.” Sw. Royalties, Inc. v. Hegar, 500 S.W.3d 400, 404 (Tex. 2016); see Paxton v. City of Dallas, 509 S.W.3d 247, 257, 2017 Tex. LEXIS 122, *17, 2017 WL 469597, at *7 (Tex. 2017) (“We reject the limitations the Attorney General champions because they are not textually supportable.”); Boeing Co. v. Paxton, 466 S.W.3d 831, 838 (Tex. 2015) (“While the Attorney General's interpretation of the [PIA] is entitled to due consideration, as with other administrative statutory constructions, such deference must yield to unambiguous statutory language.” See In re Scott, 2017 Tex. App. LEXIS 2661, *12-14, 2017 WL 1173829. b. The City of Plano Charter Section 6.02 is Clear 17. In this case the City of Plano City Charter is clear and not ambiguous. The City of Plano Charter Sec. 6.02. – Petitions for recall states: “Before the question of recall of such officer shall be submitted to the qualified voters of the city, a petition demanding such question to be so submitted shall first be filed with the person performing the duties of city secretary; which said petition shall be signed by qualified voters of the city equal in number to at least thirty (30) percent of the number of votes cast at the regular municipal election of the city, but in no event less than one hundred fifty (150) such petitioners. Each signature on a recall petition shall conform to the requirements for information as set forth in the Texas Election Code.” See City of Plano City Charter section 6.02 attached hereto and 11 incorporated as reference as Exhibit “B”. c. City Secretary Abused her Discretion by Adding an Additional Requirement to the Charter Provision 6.02 18. As stated above, the City Secretary received 4,400 signatures. However, it appears she used the number of voters from the year 2015 from when Council member Harrison was initially elected even though the Charter clearly does not require the voters to “look back” at the initial year of election. More troubling is the fact that the City of Plano website seems to add additional requirements effectively changing the City Charter by adding a “look back” provision as follows: The petition must be signed by registered voters of the city equal in number to thirty (30) percent of the number of votes cast at the regular municipal election of the city at which the officer was elected, or one hundred fifty (150), whichever is greater. The precise number of signatures needed for a recall petition can be obtained by contacting the Plano City Secretary’s office. See copy of City of Plano website attached hereto and incorporated by reference as Exhibit “G.” See also City of Plano Website located at http://www.plano.gov/3019/Recall-Petitions. 19. Such additional requirement of the City Secretary is not in conformance with the City Charter and is actually adding an additional requirement not found in the Charter. Such discretion by the City Secretary to add additional requirements to the 12 Charter is a clear abuse of discretion and is void. In addition, if the City takes the position that the Charter intent is to apply a “look back” such interpretation is unfounded and is vague at best and is a desperate attempt to create a “smoke in mirrors” argument. Specifically, what is to stop the City from picking and choosing which data census of registered voters it wants to use. In this case the City clearly wanted to “look back” to a time when councilmember Harrison was initially elected. In the future the City may decide to change the website to add a “look back” provision to any date in the past at the convenience of the City Secretary and Council. That is why the clear language of the Charter controls and any additions or changes to the City Charter must be by election of the citizens and not by a City website update. If the City wanted to add the “look back” provision to the Charter such additional requirement should have been submitted to the voters of the city pursuant to City of Plano Charter section 11.11. 20. There is no doubt that the clear meaning of the Plano City Charter is to use the actual number of signatures equal to the number to thirty (30) percent of the numbers of votes cast at the regular municipal election of the City. In this case 8,163 signatures were needed. See Election Summary Report Collin County, Texas General and Special Election for May 6, 2017 Attached hereto as Exhibit “D.” Clearly the charter intent was to require a sample of the most current voters and not “look back” to years in the past. If the Charter intent was to “look back” at a time 13 in the past it would have stated so, just as the City Website did on its attempt to add an additional “look back” provision contrary to the Charter without the required approval of the voters. As such, the Petition fell short of the required number of signatures needed to recall Council member Harrison. 21. Therefore, the City Secretary abused her discretion in certifying the petition as the required number of signatures was lacking. There is no doubt that the plain meaning of the City Charter requires that the amount of signatures required is the actual number of signatures equal to the number to (30) percent of the numbers of votes cast at the regular municipal election of the City does not contain a provision or an additional requirement to “look back” to a prior date other than the most recent city election which is the proper and most recent sample of voters of the City at the regular election. III. NO ADEQUATE REMEDY 22. As stated above the City Secretary erroneously certified the petition to recall Harrison as the required number of signatures in the City of Plano City Charter is lacking. In addition, the City Council voted to hold the recall election and the City Secretary will place Harrison’s name on the November ballot for a recall election. As such, Harrison’s name erroneously being placed on the ballot will cause irreparable harm and subject Harrison to embarrassment, humiliation, and will result in an improper election which is a waste of time and taxpayer money. This 14 mandamus is not sought to delay the election process as this issue can be judicially resolved prior to the November election cycle. See In re Williams, 470 S.W.3d 819, 821, 2015 Tex. LEXIS 749, *3, 58 Tex. Sup. J. 1564, 2015 WL 4931372. 23. There is no adequate remedy but to file a mandamus and have the issue heard before the names are submitted to be placed on the ballot for the November election cycle. PRAYER 24. Relator prays that this Court grant his petition for writ of mandamus and direct the City of Plano City Secretary, Lisa Henderson to de-certify the petition to Recall councilmember Harrison. Finally, Relator prays that the Court grant such other and further relief to which he may be justly entitled. Respectfully submitted, MARTINEZ DE VARA LAW FIRM PO BOX 377 Von Ormy, TX 78073 (210) 622-0323 (210) 622-4021 By: /s/: Adrian A. Spears II Adrian A. Spears II State Bar No. 24049318 Email: adrian@aspearslaw.com Art Martinez de Vara Texas Bar No. 24060230 Email: art@mdv-law.com ATTORNEYS FOR RELATOR TOM HARRISON 15 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of this document was served upon the below named according to the Texas Rules of Civil Procedure on June 18, 2018, in the following manner. Lisa Henderson, City Secretary City of Plano Plano Municipal Center 1520 K Avenue Plano, Texas 75074 (972) 941-7551 Email: lisah@plano.gov Respondent Mayor Harry LaRosiliere City of Plano Plano Municipal Center 1520 K Avenue Plano, Texas 75074 (972) 941-7551 Email: mayor@plano.gov Real Party in Interest Paige Mims City Attorney City of Plano 1520 Avenue K Suite 340 Plano, Texas 75074 972-941-7125 972-424-0099 Fax Attorney for Respondent and Real Party in Interest /s/: Adrian A. Spears II Adrian A. Spears II CERTIFICATE OF COMPLIANCE I certify that this document contains 3,391 words excluding allowed portions of the document). The body text is in 14 point font, and the footnote text is in 12 point font. /s/: Adrian A. Spears II ADRIAN A. SPEARS II 16 IN THE FIFTH COURT OF APPEALS AT DALLAS, TEXAS ________________________________________________ IN RE TOM HARRISON (RELATOR) V. LISA HENDERSON, CITY SECRETARY OF THE CITY OF PLANO, TEXAS (RESPONDENT) CITY OF PLANO, TEXAS (REAL PARTY IN INTEREST) _________________________________________________ PETITION FOR WRIT OF MANDAMUS Emergency Relief Requested – filed concurrently with this Writ of Mandamus __________________________________________________________________ APPENDIX __________________________________________________________________ TO THE HONORABLE JUDGE OF SAID COURT: The following exhibits are incorporated by reference into the Writ of Mandamus: Exhibit A: Affidavit of Tom Harrison Exhibit B: Article 6 of City of Plano Charter Exhibit C: Minutes from February 18, 2018 City of Plano Council Special Session 17 Exhibit D: May 6, 2017 Election Summary Report combined Election Day and Early Ballots Exhibit E: Minutes from April 9, 2018 City of Plano Council Regular Session Exhibit F: Minutes from April 23, 2018 City of Plano Council Regular Session Exhibit G: City of Plano Website page regarding Recall Petitions 18 AFFIDAVIT 0F TOM HARRISON STATE OF TEXAS COUNTY OF COLLIN 2 BEFORE ME, the undersigned authority, on this day personally appeared Tom Harrison, known to me to be a credible person. and who, after being by me ?rst duly sworn, upon his oath, deposed as follows: 1. ?My name is Tom Harrison. I am of sound mind, over the age of 21 and am capable of making this af?davit and have personal knowledge of the facts herein stated." 2. was elected Council Member to the Plano City Council on May 9, 2015. Since elected, I have made the public aware of the motives and economics of the Mayor and City Council?s adoption of the "Piano Tomorrow Plan.? The Plano Tomorrow plan is nothing more than a tool to allow the Mayor and city staff carte blanche to build, subsidize and approve any projects that big pocket commercial development contributors want. As a result of my concerns and resistance to the Plano Tomorrow Plan, tensions between myself, the Mayor, and city staff have intensi?ed. Further, as a result of my concerns and resistance, public support and grass roots efforts have grown against the Plano Tomorrow Plan In fact, at the last election cycle the Mayor narrowly squeaked by since the citizens have started to be informed and educated about the economics of the ?Plano Tomorrow Plan." Exhibit 3. As a result of my concerns for the citizens of Plano and my opposition to the Plano Tomorrow Plan the Mayor, city staff and the Mayor?s supporters have begun to target me and have tried desperately to silence me and actually went so far as to organize a petition drive to gather signatures to recall me. There is no doubt that these efforts were spearheaded by the Mayor and his supporters as the Mayor himself signed the recall petition along with at least one other council member, at least one member of the planning and zoning commission, as well as members of the Chamber of Commerce, all supporters of the mayor and the Piano Tomorrow Plan. Ann Bacchus, who veri?ed the signatures of a majority of the petition pages, received substantial funds from the Mayor to ?nance her failed campaign for a place on the city council.? 4. On or about February 13, 2018, I shared a Facebook video with the caption ?Share if you think Trump should ban lslam in American Schools.? The mayor immediately saw an avenue to plan an attack on me and called a press conference to denounce me and called for my resignation. I immediately issued an apology on Facebook as my intent was not to target the Muslim Community but was intended to emphasize that Christianity is not the only religion being targeted for exclusion in public schools. It is also my belief that all should be free to worship as they choose, but we live in a time where any practice of religion expression in public schools is rarely tolerated. My hope was that this post would spark a renewed discussion about all religions and their place in our public schools. 5. My actions were personal in nature and were made on a Facebook post. At no time was any statement made concerning City business and was not made in the course and scope of my position as City Council Member. 25kt] 6. On or about February 18, 2018, the Mayor and Council called a special meeting and thereupon held a closed meeting in executive session on a Sunday to discuss the Facebook post and to censure me. On or about April 4, 2018, petitions to recall me were turned into the City Secretary containing 4,400 signatures which was far short of the number of signatures required for a recall election. On April 9, 2018, the City Secretary certi?ed the petitions with complete disregard for the proper number of signatures required under the City Charter. To make matters worse, on that same day, April 9, 2018, the City Council voted to hold the recall election without giving me the option of a formal hearing until April 23, 2018.? 7. There is no doubt that the recall efforts were part of a political scheme by the Mayor and his followers but more shocking is the fact that the City Staff took direction and assisted with the scheme. Not only were errors glossed over, such as the failure to speci?cally state the grounds upon which the petition for removal was based, but the actual number of signatures required was never achieved. Speci?cally, although the recall election is scheduled for the November 2018 ballot, the City Secretary certi?ed the petition based on a percentage of registered voters cast at the regular election held in May, 2015. There is no doubt that the mayor and his supporters fell far short in gathering the proper number of signatures, but they also made it impossible for me to be heard as they voted on the recall prior to giving me the opportunity to be heard at a required public hearing. Finally, I never showed any signs of incompetency, malfeasance, or misconduct while in my of?cial capacity and such efforts to circulate a petition was erroneous. Further af?ant sayeth not. Wmf' TOM HARRISON SUBSCRIBED AND SWORN TO BEFORE ME on this I 2/ day June, 2018, to certify which witness my hand and seal of of?ce. NOTARY PUBLIC, STATE OF TEXAS My commission Expires Plano, TX Code of Ordinances Page 1 of 4 ARTICLE 6. - RECALL OF OFFICERS Sec. 6.01. - Scope of recall. Any elected city official, whether elected to office by the qualified voters of the city or appointed by the city council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the city on grounds of incompetency, misconduct or malfeasance in office. Sec. 6.02. - Petitions for recall. Before the question of recall of such officer shall be submitted to the qualified voters of the city, a petition demanding such question to be so submitted shall first be filed with the person performing the duties of city secretary; which said petition shall be signed by qualified voters of the city equal in number to at least thirty (30) per cent of the number of votes cast at the regular municipal election of the city, but in no event less than one hundred fifty (150) such petitioners. Each signature on a recall petition shall conform to the requirements for information as set forth in the Texas Election Code. (Res. No. 79-11-11(R), § 1, 11-12-79; ratified 1-19-80; Res. No. 88-1-10(R), § 3, 1-18-88; ratified 1-1688) Sec. 6.03. - Form of recall petition. The recall petition mentioned above must be addressed to the city council of the City of Plano, must distinctly and specifically point out the ground or grounds upon which such petition for removal is predicated, and, if there be more than one ground, such as for incompetency, misconduct or malfeasance in office, shall specifically state each ground with such certainty as to give the officer sought to be removed, notice of the matters and things with which he is charged. The signature shall be verified by oath in the following form: STATE OF TEXAS, COUNTY OF COLLIN I, ____________ , being first duly sworn, on oath depose and say that I am one of the signers of the above petition; and that the statements made therein are true, and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is the genuine signature of the person whose name it purports to be. EXHIBIT "B" about:blank 6/11/2018 Plano, TX Code of Ordinances Page 2 of 4 Sworn to and subscribed to before me this ____________ day of ____________ , 20 ____________ . Notary Public in and for State of Texas. (Res. No. 2011-11-18(R), 11-16-11; ratified 11-8-11) Sec. 6.04. - Various papers constituting petition. The petition may consist of one (1) or more copies, or subscription lists, circulated separately, and the signatures thereto may be upon the paper or papers attached thereto. Verifications provided for in the next preceding section of this article may be made by one (1) or more petitioners, and the several parts of copies of the petition may be filed separately and by different persons; but no signatures to such petition shall remain effective or be counted which were placed thereon more than forty-five (45) days prior to the filing of such petition or petitions with the person performing the duties of city secretary. All papers comprising a recall petition shall be filed with the person performing the duties of city secretary on the same day, and the said secretary shall immediately notify, in writing, the officer so sought to be removed, by mailing such notice to his Plano address. Sec. 6.05. - Presentation of petition to city council. Within five (5) days after the date of the filing of the papers constituting the recall petition, the person performing the duties of the city secretary shall present such petition to the city council of the City of Plano. Sec. 6.06. - Public hearing to be held. The officer whose removal is sought may, within five (5) days after such recall petition has been presented to the city council, request that a public hearing be held to permit him to present facts pertinent to the charges specified in the recall petition. In this event, the city council shall order such public hearing to be held, not less than five (5) days nor more than fifteen (15) days after receiving such request for a public hearing. Sec. 6.07. - Election to be called. about:blank 6/11/2018 Plano, TX Code of Ordinances Page 3 of 4 If the officer whose removal is sought does not resign, then the city council shall order an election and set the date for holding such recall election. The date selected for the recall election shall be in accordance with the Texas Election Code. If, after the recall election date is established, the officer vacates his or her position, the recall election shall be cancelled and the vacancy shall be filled in accordance with state law. (Res. No. 2011-11-18(R), 11-16-11; ratified 11-8-11) State Law reference— Date of special elections, V.A.T.S. Election Code, § 203.004. Sec. 6.08. - Ballots in recall election. Ballots used at recall elections shall conform to the following requirements: (a) With respect to each person whose removal is sought, the question shall be submitted: "Shall (name of person) be removed from the office of (name of office) by recall?" (b) Immediately below each such question there shall be printed the following words, one above the other, in the order indicated: "YES" "NO" Sec. 6.09. - Result of recall elections. If a majority of the votes cast at a recall election shall be "NO," that is against the recall of the person named on the ballot, he shall continue in office for the remainder of his unexpired term, subject to recall as before. If a majority of the votes cast at such an election be "YES," that is for the recall of the person named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy be filled as vacancies in the city council are filled, as provided in section 3.06 of this charter. Sec. 6.10. - Recall, restrictions thereon. No recall petition shall be filed against any officer of the City of Plano within three (3) months after his election, nor within three (3) months after an election for such officer's recall. about:blank 6/11/2018 Plano, TX Code of Ordinances Page 4 of 4 Sec. 6.11. - Reserved. Editor's note— Res. No. 2011-11-18(R), adopted November 16, 2011, ratified November 8, 2011, repealed the former section 6.11 in its entirety, which pertained to the failure of city council to call an election and derived from original codification. about:blank 6/11/2018 PLANO CITY COUNCIL Special Called Session February 18, 2018 COUNCIL MEMBERS PRESENT Harry LaRosiliere, Mayor Rick Grady, Mayor Pro Tem Ron Kelley, Deputy Mayor Pro Tem Angela Miner Anthony Ricciardelli Kayci Prince Tom Harrison – arrived at 12:02 p.m. Rick Smith STAFF PRESENT Bruce Glasscock, City Manager Jim Parrish, Deputy City Manager Jack Carr, Deputy City Manager Mark Israelson, Deputy City Manager Paige Mims, City Attorney Lisa C. Henderson, City Secretary Mayor LaRosiliere convened the Council into the Special Called Session on Sunday, February 18, 2018 at 12:00 p.m. in the Senator Florence Shapiro Council Chambers of the Plano Municipal Center, 1520 K Avenue. A quorum was present. Mayor LaRosiliere then stated that the Council would retire into Executive Session, in Training Room A, in compliance with Chapter 551, Government Code, Vernon’s Texas Codes Annotated in order to consult with an attorney and receive Legal Advice, Section 551.071 and to discuss Personnel, Section 551.074; for which a certified agenda will be kept in the office of the City Secretary for a period of two years as required. Mayor LaRosiliere reconvened the meeting back into the Preliminary Open Meeting at 1:32 p.m. in the Senator Florence Shapiro Council Chambers.  Consideration and action resulting from Executive Session discussion Council Members provided comments regarding Council Member Harrison’s actions and social media posts. Upon a motion made by Mayor LaRosiliere and seconded by Mayor Pro Tem Grady, the Council voted 7-1 with Council Member Harrison in opposition, to censure Council Member Harrison. EXHIBIT "C" Plano City Council – Special Called Session February 18, 2018 Page 2 Nothing further was discussed. Mayor LaRosiliere adjourned the meeting at 2:02 p.m. _______________________________ Harry LaRosiliere, MAYOR ATTEST: _______________________________ Lisa C. Henderson, City Secretary Election Summary Report Collin County, Texas General and Special Elections May 6, 2017 Summary For Jurisdiction Wide, All Counters, All Races Early Voting and Election Day Combined Accumulated Totals 44 of 44 Vote Centers Reporting Registered Voters 531652 - Cards Cast 63209 11.89% Allen Mayor Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Steve Terrell Naomi R. Emmett Allen Councilmember P2 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Tabassum Ahmad Carl Clemencich Shirley Mangrum Anna Council P3 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes John Beazley Date:05/11/17 Time:12:42:17 Page:1 of 13 Num. Report Precinct 214 - Num. Reporting 214 (10) Total 19 19 100.0 % 1 4980/57310 8.7 % 4835 145 0 0 3592 74.29% 1243 25.71% (20) Total 19 19 100.0 % 1 4980/57310 8.7 % 4736 244 0 0 1401 29.58% 2059 43.48% 1276 26.94% (30) Total 12 12 100.0 % 1 388/6145 6.3 % 255 133 0 0 255 100.00% Anna Council P5 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Scott North Nathan Bryan Susan Warden Anna Proposition Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against Celina Mayor Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Sean Terry Celina Councilman P4 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Rob Bolden Carmen Roberts EXHIBIT "D" 100.00% (40) Total 12 12 100.0 % 1 388/6145 6.3 % 317 71 0 0 98 30.91% 174 54.89% 45 14.20% (45) Total 12 12 100.0 % 1 388/6145 6.3 % 369 19 0 0 286 77.51% 83 22.49% (50) Total 4 4 100.0 % 1 356/4819 7.4 % 262 94 0 0 262 100.00% (60) Total 4 4 100.0 % 1 356/4819 7.4 % 333 23 0 0 121 36.34% 212 63.66% Election Summary Report Collin County, Texas General and Special Elections May 6, 2017 Summary For Jurisdiction Wide, All Counters, All Races Early Voting and Election Day Combined Accumulated Totals 44 of 44 Vote Centers Reporting Registered Voters 531652 - Cards Cast 63209 11.89% Celina Councilman P5 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Mindy Koehne Farmersville Councilman P1 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Craig Overstreet Farmersville Councilman P3 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Michael Hesse Joe Helmberger Farmersville Councilman P5 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Todd Rolen John Klostermann (70) Total 4 4 100.0 % 1 356/4819 7.4 % 227 129 0 0 227 100.00% (80) Total 1 1 100.0 % 1 453/1688 26.8 % 355 98 0 0 355 100.00% (90) Total 1 1 100.0 % 1 453/1688 26.8 % 444 9 0 0 231 52.03% 213 47.97% (100) Total 1 1 100.0 % 1 453/1688 26.8 % 376 77 0 0 229 60.90% 147 39.10% Date:05/11/17 Time:12:42:17 Page:2 of 13 Num. Report Precinct 214 - Num. Reporting 214 Frisco Mayor Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Bob Allen Jeff Cheney Frisco Council P5 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Chris King Tim H. Nelson Frisco Council P6 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Jason Abati Rui Zhang Brian Livingston K. D. Warach Bobby Roberti 100.00% (110) Total 12 12 100.0 % 1 7391/51907 14.2 % 7157 234 0 0 3765 52.61% 3392 47.39% (120) Total 12 12 100.0 % 1 7391/51907 14.2 % 5828 1563 0 0 2122 36.41% 3706 63.59% (130) Total 12 12 100.0 % 1 7391/51907 14.2 % 6269 1122 0 0 447 7.13% 870 13.88% 2615 41.71% 1057 16.86% 1280 20.42% Election Summary Report Collin County, Texas General and Special Elections May 6, 2017 Summary For Jurisdiction Wide, All Counters, All Races Early Voting and Election Day Combined Accumulated Totals 44 of 44 Vote Centers Reporting Registered Voters 531652 - Cards Cast 63209 11.89% Lavon Proposition 1 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against Lavon Proposition 2 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against Lucas Council Seat 2 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Tim Baney Randy Conrad (150) Total 3 3 100.0 % 1 479/2061 23.2 % 476 3 0 0 290 60.92% 186 39.08% (160) Total 3 3 100.0 % 1 479/2061 23.2 % 477 2 0 0 72 15.09% 405 84.91% (170) Total 2 2 100.0 % 1 626/4605 13.6 % 442 184 0 0 324 73.30% 118 26.70% Date:05/11/17 Time:12:42:17 Page:3 of 13 Num. Report Precinct 214 - Num. Reporting 214 McKinney Mayor Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes George Fuller Danny Bishop Randall P. Pogue McKinney City Council D1 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Johnny Moore Dusttin Pearson La'Shadion Shemwell McKinney City Council D3 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Scott Elliott Margaret Harsch Gavin Nicholson Jeremiah J. Hammer Sheila Johnson 100.00% (190) Total 38 38 100.0 % 1 11376/94044 12.1 % 11101 275 0 0 6510 58.64% 439 3.95% 4152 37.40% (200) Total 10 10 100.0 % 1 1335/14850 9.0 % 1164 171 0 0 207 17.78% 491 42.18% 466 40.03% (210) Total 11 11 100.0 % 1 3559/24632 14.4 % 3189 370 0 0 1297 40.67% 791 24.80% 132 4.14% 443 13.89% 526 16.49% Election Summary Report Collin County, Texas General and Special Elections May 6, 2017 Summary For Jurisdiction Wide, All Counters, All Races Early Voting and Election Day Combined Accumulated Totals 44 of 44 Vote Centers Reporting Registered Voters 531652 - Cards Cast 63209 11.89% McKinney City Council at Large Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Thomas "TJ" Reilly Michael Jones Kevin M. Smallwood Derek V. Baker Charlie Philips Num. Report Precinct 214 - Num. Reporting 214 (220) Total 38 38 100.0 % 1 11376/94044 12.1 % 9529 1847 0 0 774 8.12% 1716 18.01% 387 4.06% 2260 23.72% 4392 46.09% Murphy Councilman P3 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Michael Post Elizabeth M. Abraham Chris George Laurel A. Clement Murphy Councilman P5 Melissa Council P5 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Craig Ackerman Donna West Justin Landrith Heather R. Martin Murphy Mayor Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Scott D. Bradley Bob Mortonson David Brandon Date:05/11/17 Time:12:42:17 Page:4 of 13 (230) Total 1 1 100.0 % 1 538/5144 10.5 % 490 48 0 0 349 71.22% 17 3.47% 42 8.57% 82 16.73% (240) Total 5 5 100.0 % 1 1528/11937 12.8 % 1452 76 0 0 786 54.13% 79 5.44% 587 40.43% Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Sarah Fincanon New Hope Alderman Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes De St. Aubin Alexandria Hull Omar Ivan Nunez Kelly Hughes Carol King 100.00% (250) Total 5 5 100.0 % 1 1528/11937 12.8 % 1426 102 0 0 127 8.91% 711 49.86% 400 28.05% 188 13.18% (260) Total 5 5 100.0 % 1 1528/11937 12.8 % 859 669 0 0 859 100.00% (270) Total 2 2 100.0 % 3 88/475 18.5 % 198 1 0 63 28 14.14% 24 12.12% 44 22.22% 36 18.18% 66 33.33% Election Summary Report Collin County, Texas General and Special Elections May 6, 2017 Summary For Jurisdiction Wide, All Counters, All Races Early Voting and Election Day Combined Accumulated Totals 44 of 44 Vote Centers Reporting Registered Voters 531652 - Cards Cast 63209 11.89% Parker Council At- Large Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Cleburne Raney Patrick Taylor Ed Standridge Cindy Meyer Plano Councilmember P2 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Anthony Ricciardelli Al Valente Ann Bacchus Plano Councilmember P4 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Kayci Prince Ed Acklin (280) Total 5 5 100.0 % 3 483/3112 15.5 % 1031 8 0 394 331 32.10% 205 19.88% 255 24.73% 240 23.28% Date:05/11/17 Time:12:42:17 Page:5 of 13 Num. Report Precinct 214 - Num. Reporting 214 Plano Councilmember P6 Mayor Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Lily Bao Bill Lisle III Harry LaRosiliere Douglas Reeves (290) Total 63 63 100.0 % 1 27208/158243 17.2 % 24928 2277 3 0 11542 46.30% 6470 25.95% 6916 27.74% Plano Councilmember P8 (300) Total 63 63 100.0 % 1 27208/158243 17.2 % 23845 3363 0 0 12485 52.36% 11360 47.64% Plano Proposition 1 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Rick Smith Stirling Morris David L. Downs Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against 100.00% (310) Total 63 63 100.0 % 1 27208/158243 17.2 % 26638 570 0 0 11260 42.27% 508 1.91% 13923 52.27% 947 3.56% (320) Total 63 63 100.0 % 1 27208/158243 17.2 % 23348 3860 0 0 11406 48.85% 3515 15.05% 8427 36.09% (330) Total 63 63 100.0 % 1 27208/158243 17.2 % 25540 1668 0 0 18546 72.62% 6994 27.38% Election Summary Report Collin County, Texas General and Special Elections May 6, 2017 Summary For Jurisdiction Wide, All Counters, All Races Early Voting and Election Day Combined Accumulated Totals 44 of 44 Vote Centers Reporting Registered Voters 531652 - Cards Cast 63209 11.89% Plano Proposition 2 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against Plano Proposition 3 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against Num. Report Precinct 214 - Num. Reporting 214 (340) Total 63 63 100.0 % 1 27208/158243 17.2 % 25536 1671 1 0 18072 70.77% 7464 29.23% Plano Proposition 6 (350) Total 63 63 100.0 % 1 27208/158243 17.2 % 25402 1801 5 0 16146 63.56% 9256 36.44% Prosper Council P3 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Curry Vogelsang, Jr. Prosper Council P5 Plano Proposition 4 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against (360) Total 63 63 100.0 % 1 27208/158243 17.2 % 25348 1860 0 0 15728 62.05% 9620 37.95% Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Jeff Hodges Laura Thomas Prosper Proposition 1 Plano Proposition 5 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against Date:05/11/17 Time:12:42:18 Page:6 of 13 (370) Total 63 63 100.0 % 1 27208/158243 17.2 % 25409 1798 1 0 17244 67.87% 8165 32.13% Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against 100.00% (380) Total 63 63 100.0 % 1 27208/158243 17.2 % 25059 2148 1 0 12242 48.85% 12817 51.15% (390) Total 5 5 100.0 % 1 718/10705 6.7 % 496 222 0 0 496 100.00% (400) Total 5 5 100.0 % 1 718/10705 6.7 % 619 99 0 0 355 57.35% 264 42.65% (410) Total 5 5 100.0 % 1 718/10705 6.7 % 697 21 0 0 618 88.67% 79 11.33% Election Summary Report Collin County, Texas General and Special Elections May 6, 2017 Summary For Jurisdiction Wide, All Counters, All Races Early Voting and Election Day Combined Accumulated Totals 44 of 44 Vote Centers Reporting Registered Voters 531652 - Cards Cast 63209 11.89% Prosper Proposition 2 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against Prosper Proposition 3 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against Prosper Proposition 4 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against Prosper Proposition 5 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against Date:05/11/17 Time:12:42:18 Page:7 of 13 Num. Report Precinct 214 - Num. Reporting 214 (420) Total 5 5 100.0 % 1 718/10705 6.7 % 703 15 0 0 107 15.22% 596 84.78% Prosper Proposition 6 (430) Total 5 5 100.0 % 1 718/10705 6.7 % 699 19 0 0 458 65.52% 241 34.48% Prosper Proposition 7 (440) Total 5 5 100.0 % 1 718/10705 6.7 % 702 16 0 0 411 58.55% 291 41.45% Prosper Proposition 8 (450) Total 5 5 100.0 % 1 718/10705 6.7 % 696 22 0 0 632 90.80% 64 9.20% Prosper Proposition 9 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against 100.00% (460) Total 5 5 100.0 % 1 718/10705 6.7 % 695 23 0 0 598 86.04% 97 13.96% (470) Total 5 5 100.0 % 1 718/10705 6.7 % 697 21 0 0 653 93.69% 44 6.31% (480) Total 5 5 100.0 % 1 718/10705 6.7 % 680 38 0 0 615 90.44% 65 9.56% (490) Total 5 5 100.0 % 1 718/10705 6.7 % 678 40 0 0 362 53.39% 316 46.61% Election Summary Report Collin County, Texas General and Special Elections May 6, 2017 Summary For Jurisdiction Wide, All Counters, All Races Early Voting and Election Day Combined Accumulated Totals 44 of 44 Vote Centers Reporting Registered Voters 531652 - Cards Cast 63209 11.89% Prosper Proposition 10 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against Num. Report Precinct 214 - Num. Reporting 214 (500) Total 5 5 100.0 % 1 718/10705 6.7 % 576 142 0 0 291 50.52% 285 49.48% Wylie Councilmember P6 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes David Dahl Anna ISD Trustee P5 St Paul Measure No. 1 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against (520) Total 4 4 100.0 % 1 94/702 13.4 % 94 0 0 0 64 68.09% 30 31.91% Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Carrie Butler Clark Miller Anna ISD Trustee P7 Wylie Mayor Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Eric Hogue Wylie Councilmember P5 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Dr. Timothy Wallis Zewge Kagnew Date:05/11/17 Time:12:42:18 Page:8 of 13 (530) Total 10 10 100.0 % 1 1499/25175 6.0 % 1070 429 0 0 1070 100.00% Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Susan Hayes Larissa Thornburg (540) Total 10 10 100.0 % 1 1499/25175 6.0 % 1427 72 0 0 820 57.46% 607 42.54% Community ISD Trustee P1 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Jeffrey J. Pendill 100.00% (550) Total 10 10 100.0 % 1 1499/25175 6.0 % 908 591 0 0 908 100.00% (560) Total 17 17 100.0 % 1 526/8122 6.5 % 443 83 0 0 196 44.24% 247 55.76% (570) Total 17 17 100.0 % 1 526/8122 6.5 % 470 56 0 0 220 46.81% 250 53.19% (580) Total 8 8 100.0 % 1 709/6683 10.6 % 437 272 0 0 437 100.00% Election Summary Report Collin County, Texas General and Special Elections May 6, 2017 Summary For Jurisdiction Wide, All Counters, All Races Early Voting and Election Day Combined Accumulated Totals 44 of 44 Vote Centers Reporting Registered Voters 531652 - Cards Cast 63209 11.89% Community ISD Trustee P2 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Mike Cook Alicia Young Community ISD Trustee P3 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Mike Shepard Community ISD Trustee P5 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Jana Hunter Farmersville ISD Trustee P1 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Danny Bolch Billy Long PK (Paul Kelly) Num. Report Precinct 214 - Num. Reporting 214 (590) Total 8 8 100.0 % 1 709/6683 10.6 % 597 112 0 0 266 44.56% 331 55.44% Farmersville ISD Trustee P2 (600) Total 8 8 100.0 % 1 709/6683 10.6 % 439 270 0 0 439 100.00% Farmersville ISD Trustee P3 (610) Total 8 8 100.0 % 1 709/6683 10.6 % 448 261 0 0 448 100.00% (620) Total 11 11 100.0 % 1 717/4767 15.0 % 628 89 0 0 224 35.67% 167 26.59% 237 37.74% Date:05/11/17 Time:12:42:18 Page:9 of 13 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Dale Pickett C Bridges-Donaldson Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Tommy Monk Tony Gray Farmersville ISD Trustee P4 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes David Coleman Jim Hemby 100.00% (630) Total 11 11 100.0 % 1 717/4767 15.0 % 590 127 0 0 444 75.25% 146 24.75% (640) Total 11 11 100.0 % 1 717/4767 15.0 % 639 78 0 0 255 39.91% 384 60.09% (645) Total 11 11 100.0 % 1 717/4767 15.0 % 650 67 0 0 337 51.85% 313 48.15% Election Summary Report Collin County, Texas General and Special Elections May 6, 2017 Summary For Jurisdiction Wide, All Counters, All Races Early Voting and Election Day Combined Accumulated Totals 44 of 44 Vote Centers Reporting Registered Voters 531652 - Cards Cast 63209 11.89% Frisco ISD Trustee P4 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Anne McCausland Jeff Snowden Asanga Jayatilaka Frisco ISD Trustee P5 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Debbie Gillespie Grace Wang Bryan Powell Lovejoy ISD Trustee P4 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Anne Smith Joel Treanor (650) Total 23 23 100.0 % 1 10484/81621 12.8 % 9122 1362 0 0 5067 55.55% 3086 33.83% 969 10.62% (660) Total 23 23 100.0 % 1 10484/81621 12.8 % 9265 1219 0 0 4930 53.21% 1883 20.32% 2452 26.47% (670) Total 5 5 100.0 % 1 1422/10899 13.0 % 1340 82 0 0 782 58.36% 558 41.64% Date:05/11/17 Time:12:42:18 Page:10 of 13 Num. Report Precinct 214 - Num. Reporting 214 Lovejoy ISD Trustee P5 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Matthew B. Gournay McKinney ISD P1 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Maria McKinzie McKinney ISD P2 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Kenneth Ussery Clayton Myhre McKinney ISD P3 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Kathi Livezey 100.00% (680) Total 5 5 100.0 % 1 1422/10899 13.0 % 866 556 0 0 866 100.00% (690) Total 6 6 100.0 % 1 1219/9698 12.6 % 727 492 0 0 727 100.00% (700) Total 17 17 100.0 % 1 2514/17381 14.5 % 1879 635 0 0 1326 70.57% 553 29.43% (710) Total 7 7 100.0 % 1 2054/14769 13.9 % 1182 872 0 0 1182 100.00% Election Summary Report Collin County, Texas General and Special Elections May 6, 2017 Summary For Jurisdiction Wide, All Counters, All Races Early Voting and Election Day Combined Accumulated Totals 44 of 44 Vote Centers Reporting Registered Voters 531652 - Cards Cast 63209 11.89% McKinney ISD P7 At-Large Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Curtis Rath Curtis Rippee Melissa ISD Trustee P1 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Heather Kurlinski George James Lynette Morgan Melissa ISD Trustee P2 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Steven Huth Bill Gray Num. Report Precinct 214 - Num. Reporting 214 (720) Total 42 42 100.0 % 1 9629/74310 13.0 % 7624 2005 0 0 3395 44.53% 4229 55.47% Plano ISD P1 (730) Total 6 6 100.0 % 1 637/6332 10.1 % 608 29 0 0 153 25.16% 387 63.65% 68 11.18% Plano ISD P2 (740) Total 6 6 100.0 % 1 637/6332 10.1 % 553 84 0 0 133 24.05% 420 75.95% Date:05/11/17 Time:12:42:18 Page:11 of 13 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Tammy Richards Carissa Picard Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Jack Liu Angela Powell Sreedhar Yedavalli Amanda Jackson Plano ISD P3 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Nancy C. Humphrey Yvette Jackson Nathan Rylander 100.00% (750) Total 90 90 100.0 % 1 29250/203531 14.4 % 22453 6797 0 0 15581 69.39% 6872 30.61% (760) Total 90 90 100.0 % 1 29250/203531 14.4 % 22959 6290 1 0 3605 15.70% 7605 33.12% 4571 19.91% 7178 31.26% (770) Total 90 90 100.0 % 1 29250/203531 14.4 % 21461 7789 0 0 11018 51.34% 2538 11.83% 7905 36.83% Election Summary Report Collin County, Texas General and Special Elections May 6, 2017 Summary For Jurisdiction Wide, All Counters, All Races Early Voting and Election Day Combined Accumulated Totals 44 of 44 Vote Centers Reporting Registered Voters 531652 - Cards Cast 63209 11.89% Plano ISD P6 Num. Report Precinct 214 - Num. Reporting 214 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Marilyn Hinton Greg Myer Trish Patterson (780) Total 90 90 100.0 % 1 29250/203531 14.4 % 21253 7997 0 0 5601 26.35% 10485 49.33% 5167 24.31% Princeton ISD Proposition (790) Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against Total 8 8 100.0 % 1 593/9073 6.5 % 585 8 0 0 463 79.15% 122 20.85% Community College Trustee P2 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Nancy Wurzman Jeri Chambers Community College Trustee P3 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Dr. Stacey Donald Larry Wainwright Community College Trustee P5 Community College Trustee P1 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Greg Gomel Fred Moses Date:05/11/17 Time:12:42:18 Page:12 of 13 (800) Total 214 214 100.0 % 1 63209/531652 11.9 % 39922 23287 0 0 15664 39.24% 24258 60.76% Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes Dr. Raj Menon Community College Proposition 1 Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against 100.00% (810) Total 214 214 100.0 % 1 63209/531652 11.9 % 38021 25188 0 0 22216 58.43% 15805 41.57% (820) Total 214 214 100.0 % 1 63209/531652 11.9 % 38418 24791 0 0 23264 60.55% 15154 39.45% (830) Total 214 214 100.0 % 1 63209/531652 11.9 % 29939 33270 0 0 29939 100.00% (840) Total 214 214 100.0 % 1 63209/531652 11.9 % 59469 3740 0 0 33558 56.43% 25911 43.57% Election Summary Report Collin County, Texas General and Special Elections May 6, 2017 Summary For Jurisdiction Wide, All Counters, All Races Early Voting and Election Day Combined Accumulated Totals 44 of 44 Vote Centers Reporting Registered Voters 531652 - Cards Cast 63209 11.89% Collin CO MUD 1 Proposition I Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against Collin CO MUD 1 Proposition II Number of Precincts Precincts Reporting Vote For Times Counted Total Votes Times Blank Voted Times Over Voted Number Of Under Votes For Against (850) Total 2 2 100.0 % 1 164/1018 16.1 % 163 1 0 0 152 93.25% 11 6.75% (860) Total 2 2 100.0 % 1 164/1018 16.1 % 162 2 0 0 145 89.51% 17 10.49% Date:05/11/17 Time:12:42:18 Page:13 of 13 Num. Report Precinct 214 - Num. Reporting 214 100.00% PLANO CITY COUNCIL REGULAR SESSION April 9, 2018 COUNCIL MEMBERS PRESENT Harry LaRosiliere, Mayor Rick Grady, Mayor Pro Tem Ron Kelley, Deputy Mayor Pro Tem Angela Miner Anthony Ricciardelli Kayci Prince Tom Harrison Rick Smith STAFF PRESENT Bruce Glasscock, City Manager Jim Parrish, Deputy City Manager Jack Carr, Deputy City Manager Mark Israelson, Deputy City Manager Paige Mims, City Attorney Lisa C. Henderson, City Secretary Mayor LaRosiliere convened the Council into the Regular Session on Monday, April 9, 2018 at 7:00 p.m. in the Senator Florence Shapiro Council Chambers of the Plano Municipal Center, 1520 K Avenue. A quorum was present. Invocation and Pledge Pastor Julian McMillian with Grace Outreach Center led the invocation and Jr. Girl Scout Troop 1674 with Custer Road United Methodist Church led the Pledge of Allegiance and Texas Pledge. Proclamations and Special Recognitions Proclamation: April is Sexual Assault Awareness Month. Presentation: Steve Funk, a member of Sustainability and Environmental Services, is receiving a certificate of appreciation from the City of Murphy for his service on the Solid Waste Collection Selection Committee. Proclamation: National Telecommunicators Week is April 8 – 14 and honors 9-1-1 dispatchers. Presentation: The Plano Public Library System has received the 2017 Achievement of Library Excellence Award from the Texas Municipal Library Directors Association. EXHIBIT "E" Plano City Council Regular Session April 9, 2018 Page 2 Consent Agenda MOTION: Upon a motion made by Council Member Prince and seconded by Mayor Pro Tem Grady, the Council voted 7-1, with Council Member Harrison in opposition, to approve all items on the Consent Agenda as follows with the exception of Item C and Item H: Approval of Minutes March 20, 2018 March 26, 2018 (Consent Agenda Item “A”) Approval of Expenditures Award/Rejection of Bid/Proposal: (Purchase of products/services through formal procurement process by this agency) RFB No. 2018-0122-B for the Animal Shelter Incinerator Replacement to ABM Building Services, LLC in the amount of $233,090; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “B”) RFB No. 2018-0247-B for Hunters Glen & Quail Creek Water Rehabilitation to Jeske Construction Company in the amount of $1,441,140; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “D”) RFB No. 2018-0115-C for a one (1) year contract with four (4) City optional renewals for Median and Right-Of-Way Mowing Groups A and B, for the Parks and Recreation Department to North Texas Lawn and Sprinkler, Inc. for Group A in the annual amount of $110,911 and Southlake Landscaping and Maintenance, Inc. in the annual amount of $139,089 for Group B, for a total annual estimated amount of $250,000 for Groups A and B; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “E”) RFB No. 2018-0170-B for Plano Median Improvements: Trees, Irrigation and Hardscape, Project No. 6616, to Central North Construction, LLC in the amount of $353,666; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “F”) Approval of Change Order To ratify a decrease to the current awarded contract amount of $5,437,450 by $52,262, for a total contract amount of $5,385,188, for Legacy West Wastewater Force Main from S.J. Louis Construction of Texas, LTD.; and authorizing the City Manager to execute all necessary documents. (Original Bid No. 2016-0571-B; Change Order No. 2) (Consent Agenda Item “G”) Plano City Council Regular Session April 9, 2018 Page 3 Approval of Expenditure To approve an expenditure for materials testing and inspection services for Cottonwood Creek Trail: Oak Point to Chaparral, Project No. 6445, in the amount of $58,184 to Raba Kistner Infrastructure, Inc.; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “I”) Adoption of Resolutions Resolution No. 2018-4-1(R): In support of an application to the Texas Commission on the Arts for designation of the Legacy District of the City of Plano as a cultural district; and providing an effective date. (Consent Agenda Item “J”) Resolution No. 2018-4-2(R): To authorize continued participation in the Steering Committee of Cities Served by Oncor; authorizing the payment of eleven cents ($0.11) per capita to the Steering Committee to fund regulatory and legal proceedings and activities related to Oncor Electric Delivery Company, LLC; and providing an effective date. (Consent Agenda Item “K”) End of Consent Agenda Items for Individual Consideration RFB No. 2018-0252-B for J Avenue Parking Improvements to Josh Constructions LLC in the amount of $264,580; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “C”) MOTION: Upon a motion made by Council Member Ricciardelli and seconded by Council Member Smith, the Council voted 6-2, with Mayor Pro Tem Grady and Council Member Harrison in opposition, to approve RFB No. 2018-0252-B for J Avenue Parking Improvements to Josh Constructions LLC in the amount of $264,580; authorizing the City Manager to execute all necessary documents; and amending the source of funds to the Tax Increment Financing Reinvestment Zone No. 2 funds. To approve an expenditure in the amount of $553,227 for the purchase of real property and public use easements from Eastside 14th Street, LLC for Downtown Plano parking; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “H”) MOTION: Upon a motion made by Mayor Pro Tem Grady and seconded by Council Member Prince, the Council voted 8-0, to approve an expenditure in the amount of $553,227 for the purchase of real property and public use easements from Eastside 14th Street, LLC for Downtown Plano parking; and authorizing the City Manager to execute all necessary documents Plano City Council Regular Session April 9, 2018 Page 4 Comments of Public Interest Amy Rattleff spoke to the Envision Oak Point Plan. Misty Hoyt spoke to red light cameras and traffic safety. Amanda Trask spoke to water safety concerns. Vy Le spoke to water safety concerns. Regina Imburgia spoke to water safety concerns. Lesa Herbst spoke to water safety concerns. Christine Kerr spoke to appreciation of veterans and support of Council Member Harrison. Beth Perry spoke to water safety concerns. Collen Epstein spoke to the validity of the recall petition. Allan Samara spoke to the process for the recall petition. Anthony Bond spoke to unity among all citizens. Charles Hermes spoke of retaliation for comments regarding Council Member Harrison. Rayna Rahim spoke to accepting diversity in the community. Doug Reeves spoke in support of Council Member Harrison. Zachary Kolodny spoke in support of the recall of Council Member Harrison. Dan Long spoke in support of Council Member Harrison. Matt Dixon spoke in support of Council Member Harrison. Michael Openshaw spoke in support of Council Member Harrison. Betsy Friauf spoke in support of the recall of Council Member Harrison. Asad Shalami spoke in support of the recall of Council Member Harrison. Eugenie Anderson spoke to the process of the recall. David Downs spoke to the required recall petition actions. John Witt spoke to events leading up to the recall petition. City Attorney Mims provided legal information regarding the recall petition process. The Council took a brief recess at 8:45 p.m. and reconvened at 8:55 p.m. Public Hearing and consideration of the Envision Oak Point Plan, a long-range vision and planning policy for northeast Plano’s Oak Point community. (Regular Item 1) This item was tabled to May 14, 2018 during the Preliminary Open Meeting. Ordinance No. 2018-4-3: To order a Special Election to be held on November 6, 2018 in and throughout the City of Plano, Texas for the purpose of consideration of recall of Council Member Place 7 – Tom Harrison; designating polling locations for such Special Election; ordering Notice of Election to be given as prescribed by law in connection with such election; and providing an effective date. MOTION: Upon a motion made by Mayor LaRosiliere and seconded by Mayor Pro Tem Grady, the Council voted 6-0-2, with Council Members Ricciardelli and Harrison abstaining, to order a Special Election to be held on November 6, 2018 in and throughout the City of Plano, Texas for the purpose of consideration of recall of Council Member Place 7 – Tom Harrison; designating polling locations for such Special Election; ordering Notice of Election to be given as prescribed by law in connection with such election; and providing an effective date; and further to adopt Ordinance No. 2018-4-3. Plano City Council Regular Session April 9, 2018 Page 5 With no further discussion, the Regular City Council Meeting adjourned at 9:10 p.m. ____________________________________ Harry LaRosiliere, MAYOR ATTEST: _________________________________ Lisa C. Henderson, City Secretary PLANO CITY COUNCIL REGULAR SESSION April 23, 2018 COUNCIL MEMBERS PRESENT Harry LaRosiliere, Mayor Rick Grady, Mayor Pro Tem Ron Kelley, Deputy Mayor Pro Tem Angela Miner Anthony Ricciardelli Kayci Prince Tom Harrison Rick Smith STAFF PRESENT Bruce Glasscock, City Manager Jim Parrish, Deputy City Manager Jack Carr, Deputy City Manager Mark Israelson, Deputy City Manager Victoria Huynh, Deputy City Attorney Lisa C. Henderson, City Secretary Mayor LaRosiliere convened the Council into the Regular Session on Monday, April 23, 2018 at 6:01 p.m. in the Senator Florence Shapiro Council Chambers of the Plano Municipal Center, 1520 K Avenue. A quorum was present. Invocation and Pledge Reverend Ed Volfe with First United Methodist Church Plano led the invocation and Daisy Troop 4592 with Hughston Elementary School led the Pledge of Allegiance and Texas Pledge. Proclamations and Special Recognitions Proclamation: The Children's Advocacy Center of Collin County is celebrating its 25th anniversary. Proclamation: May is National Foster Care Month and the Plano East Senior High HOSA group will accept the proclamation. Special Recognition: Plano volunteers are being recognized for making a difference and demonstrating what working together can accomplish. Presentation: Plano’s Public Safety Communications Department has received its 5th communications accreditation from CALEA. EXHIBIT "F" Plano City Council Regular Session April 23, 2018 Page 2 Comments of Public Interest Matt Dixon spoke to discourse during public comments. Consent Agenda MOTION: Upon a motion made by Council Member Prince and seconded by Council Member Miner, the Council voted 8-0, to approve all items on the Consent Agenda as follows: Approval of Minutes April 9, 2018 (Consent Agenda Item “A”) Approval of Expenditures Award/Rejection of Bid/Proposal: (Purchase of products/services through formal procurement process by this agency) RFP No. 2017-0380-C for a one (1) year contract with four (4) City optional renewals for VESTA 9-1-1 support and maintenance for Public Safety Communications and Technology Services to AT&T, Inc., in the initial year estimated amount of $171,700 and in the renewal years' estimated amount of $148,500; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “B”) RFP No. 2017-0398-C for a three (3) year contract with two (2) one-year City optional renewals for Sponsorship Sales Consultant for the Communications & Community Outreach Department to Taylor Collective Solutions, LLC in the estimated annual amount of $81,000; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “C”) RFB No. 2018-0263-B for 15th Street Median Landscape Improvements, Project 6671.1, to Brightview Landscape Services, Inc. in the amount of $138,195; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “D”) RFP No. 2017-0517-C for a five (5) year contract for the Emergency Operations Center audio visual upgrades for Emergency Management to Ford Audio-Visual Systems, LLC in the total estimated amount of $719,289; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “E”) RFB No. 2018-0202-B for the Harrington Library Acoustical Wall Panels to North American Commercial Construction, LP in the amount of $54,713; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “F”) Plano City Council Regular Session April 23, 2018 Page 3 RFB No. 2018-0200-B for the Fire Station 10 Roof Replacement to Tarrant Roofing, LLC in the amount of $59,448; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “G”) RFB No. 2018-0208-B for Acoustical Panels at the Oak Point Nature and Retreat Center to North American Commercial Construction, LP in the amount of $123,700; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “H”) Purchase from an Existing Contract To approve the purchase of NetMotion premium enterprise software support for Technology Services in the amount of $52,022 from Mobile Wireless, LLC through an existing contract and authorizing the City Manager to execute all necessary documents. (State of Texas Department of Information Resources Contract No. DIR-TSO-3810) (Consent Agenda Item “I”) To approve the purchase of aggregated services routers for Technology Services in the amount of $104,384 from Presidio Networked Solutions Group, LLC through an existing contract; and authorizing the City Manager to execute all necessary documents. (State of Texas Department of Information Resources Contract No. DIR-TSO-2542) (Consent Agenda Item “J”) To approve the purchase of support and maintenance for JD Edwards and PeopleSoft for Technology Services in the amount of $422,646 from Oracle America, Inc. through an existing contract; and authorizing the City Manager to execute all necessary documents. (State of Texas Department of Information Resources Contract No. DIR-TSO-2539) (Consent Agenda Item “K”) To approve the purchase of two (2) Truck Type Utility Vehicles with Dump Beds for Fleet Services, to be utilized by Parks and Recreation, in the amount of $58,975 from Professional Turf Products through an existing BuyBoard contract; and authorizing the City Manager to execute all necessary documents. (BuyBoard Contract No. 529-17) (Consent Agenda Item “L”) To approve the purchase of a Mobile SCBA Compressor Trailer for Fleet Services, to be utilized by Fire-Rescue, in the amount of $146,555 from Daco Fire Equipment through an existing BuyBoard contract; and authorizing the City Manager to execute all necessary documents. (BuyBoard Contract No. 524-17) (Consent Agenda Item “M”) To approve the purchase of bulk fuels for a period of one (1) year with three (3) City optional oneyear renewals for Fleet Services in the estimated annual amount of $1,500,000 from Martin Eagle Oil Co. through an existing Tarrant County contract; and authorizing the City Manager to execute all necessary documents. (Tarrant County Contract No. 2018-057) (Consent Agenda Item “N”) To approve the purchase of six (6) washer/extractors for Fire-Rescue in the estimated amount of $54,360 from Ed Brown Distributors through an existing contract; and authorizing the City Manager to execute all necessary documents. (Buyboard Contract No. 518-16) (Consent Agenda Item “O”) Plano City Council Regular Session April 23, 2018 Page 4 Approval of Contract Modification To ratify an expenditure in the amount of $7,175 for construction materials testing related services for a total contract amount of $51,080 from Globe Engineers, Inc. for Park Boulevard and US 75 Pedestrian Crossing; and authorizing the City Manager to execute all necessary documents. (Project No. 5737; Contract Modification No. 2) (Consent Agenda Item “P”) Approval of Expenditure To approve an expenditure in the amount of $500,000 for the purchase of real property from Microproperties-Indiana, LLC for Downtown Plano parking; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “Q”) To approve an expenditure for a Utility Vehicle Ambulance in the amount of $63,283 from ASAP Off Road Specialty Vehicles for Fleet Services to be utilized by Fire-Rescue; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “R”) To approve an expenditure for design services to prepare plans and specifications for the Russell Creek Playground and Park Renovation, Project No. 6979, in the amount of $98,817 from DCBA Landscape Architecture, Inc.; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “S”) To approve an expenditure for design services to prepare plans and specifications for the Evans Park Renovation, Project No. 6980, in the amount of $107,286 from DCBA Landscape Architecture, Inc.; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “T”) To approve an expenditure in the amount of $38,186 to MuniServices, LLC; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “U”) To approve an expenditure for the Data Center APC Uninterruptible Power Supply System in the amount of $103,100 from Tubbesing Services, LLC; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “V”) Approval of Contract / Agreement To approve an Interlocal Cooperation Agreement by and between the City of Plano, Texas and the City of Allen, Texas to allow employees of the City of Allen to attend classes offered by the City of Plano Professional Development Center in the estimated annual receivable amount of $3,000; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “W”) To approve an Economic Development Incentive Agreement between the City of Plano, Texas, and Samsung Electronics America, Inc., a New York corporation (“Company”), providing an economic development grant to the Company; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “X”) Plano City Council Regular Session April 23, 2018 Page 5 To approve an Interlocal Cooperation Agreement by and between the City of Plano, Texas and the City of Allen, Texas for jail and detention services provided by the City of Plano to the City of Allen as necessary at a defined fee; and authorizing the City Manager to execute all necessary documents. (Consent Agenda Item “Y”) Adoption of Resolutions Resolution No. 2018-4-4(R): To find that Oncor Electric Delivery Company LLC’s (“Oncor”) application for approval of Distribution Cost Recovery Factor pursuant to 16 Administrative Code § 25.243 to increase distribution rates within the City should be denied; finding that the City’s reasonable rate case expenses shall be reimbursed by Oncor; finding that the meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this Resolution to Oncor and legal counsel; and providing an effective date. (Consent Agenda Item “Z”) Adoption of Ordinances Ordinance No. 2018-4-5: To adopt and enact Supplement Number 123 to the Code of Ordinances for the City of Plano; providing for amendment to certain sections of the Code; and providing an effective date. (Consent Agenda Item “AA”) Ordinance No. 2018-4-6: To repeal Ordinance Nos. 2012-12-16, 2013-12-10 and 2014-1-19 codified as Chapter 9, Food Code of the Code of Ordinances of the City of Plano and replacing it with a new Chapter 9, Food Code; providing a penalty clause, a repealer clause, a severability clause, a savings clause, a publication clause and an effective date of July 1, 2018. (Consent Agenda Item “AB”) End of Consent Agenda Items for Individual Consideration Public Hearing and adoption of Ordinance No. 2018-4-7 to prohibit the use of designated groundwater from beneath a 1.2 acre tract of land located at 1020 West Park Boulevard, providing a penalty clause, a savings clause, a severability clause, a publication clause, and providing an effective date. (Regular Item 1) Frank Clark, Senior Consultant with W & M Environmental Group, representing the applicant, provided Council information regarding the Municipal Setting Designation request. Mayor LaRosiliere opened the public hearing. No one appeared to speak. Mayor LaRosiliere closed the public hearing. MOTION: Upon a motion made by Deputy Mayor Pro Tem Kelley and seconded by Council Member Miner, the Council voted 7-1, with Council Member Harrison in opposition, to prohibit the use of designated groundwater from beneath a 1.2 acre tract of land located at 1020 West Park Boulevard; and further to adopt Ordinance No. 2018-4-7. Plano City Council Regular Session April 23, 2018 Page 6 Resolution No. 2018-4-8(R): To support the TCEQ Municipal Setting Designation application of Bank of Hope requested on a 1.2 acre tract of land located at 1020 West Park Boulevard; and providing an effective date. (Regular Item 2) MOTION: Upon a motion made by Council Member Prince and seconded by Mayor Pro Tem Grady, the Council voted 7-1, with Council Member Harrison in opposition, to support the TCEQ Municipal Setting Designation application of Bank of Hope requested on a 1.2 acre tract of land located at 1020 West Park Boulevard; and further to adopt Resolution No. 2018-4-8(R). The Council took a brief recess at 7:09 p.m. and reconvened at 7:20 p.m. Public Hearing pursuant to Plano City Charter Article 6, Section 6.06, re: Recall of Officer, Tom Harrison, Council Member Place 7. (Regular Item 3) Mayor LaRosiliere opened the public hearing. Council Member Harrison spoke to the recall petition and Facebook post. Cindy Baccus, Ling Feltyniak, Maria Garcia, Fred Moses, and Badrinath Singh spoke on behalf of Council Member Harrison. The following individuals spoke:                        Colleen Epstein spoke in support of Council Member Harrison. Charles Hermes spoke in support of the recall. Rida Salim spoke in support of the recall. Sara Mashkoor spoke in support of the recall. Bart Kohnhorst spoke in support of the recall. Subir Purkayastha spoke in support of the recall. Zachary Kolodny spoke in support of the recall. Dana Brenneman spoke in support of the recall. Asad Shalami spoke in support of the recall. Ashley Heidebrecht spoke in support of the recall. Ranya Rahim spoke in support of the recall. Fred Frawley spoke in support of the recall. Obaid Siddiqui spoke regarding xenophobia. Rekha Shenoy spoke in support of the recall. Pat Greer spoke in support of Council Member Harrison. Grace Wang spoke in support of Council Member Harrison. Owen Cheng spoke in support of Council Member Harrison. Zeba Siddiqui spoke in support of the recall. Margie Powe spoke in support of the recall. Robert Stafford spoke in support of Council Member Harrison. Paul Hart spoke in support of the recall. Jamuna Thill spoke in support of the recall. Q Coleman spoke in support of Council Member Harrison. Plano City Council Regular Session April 23, 2018 Page 7 Public Hearing pursuant to Plano City Charter Article 6, Section 6.06, re: Recall of Officer (Cont’d.)              Michael Casavant spoke in support of the recall. Mina Khan spoke in support of community diversity. Dr. Mahmood Khan spoke in support of community diversity. Feroz Azam spoke in support of the recall. Ronald Dubner spoke in support of Council Member Harrison. Judy Lewis spoke in support of Council Member Harrison. Tania Rodriguez spoke in support of the recall. Cathie Stanford Alexander spoke in support of Council Member Harrison. Joel Woiton spoke in support of the recall. David Smith spoke in support of the recall. Christine Kerr spoke in support of Council Member Harrison. Daniel Long spoke in support of Council Member Harrison. Linda Block, representing Stan and Carol Sewell spoke in support of Council Member Harrison. The Council took a brief recess at 9:00 p.m. and reconvened at 9:10 p.m.                  Matt Dixon spoke in support of Council Member Harrison. Gregg Knapp spoke in support of Council Member Harrison. Michelle Ferrer spoke in support of Council Member Harrison. Lea Phillips spoke in support of Council Member Harrison. Mary Kay Adams spoke in support of Council Member Harrison. Doug Reeves spoke in support of Council Member Harrison. Robert Canright spoke in support of Council Member Harrison. Shelby Chestnut spoke in support of the recall. Jack Lagos spoke to the process followed by Council. Paul Dille spoke in support of the recall. Denise Midgley spoke in support of Council Member Harrison. Joyce Jin spoke in support of Council Member Harrison. Suzanne Blackstone spoke in support of Council Member Harrison. John Donovan spoke in support of Council Member Harrison. Shep Stahel spoke in support of Council Member Harrison. Brian Hazel in support of Council Member Harrison. Gene Gervasi did not wish to speak but registered his opinion of support for Council Member Harrison. Mayor LaRosiliere closed the public hearing. Attorney Andy Taylor clarified legal information for the Council. Plano City Council Regular Session April 23, 2018 Page 8 With no further discussion, the Regular City Council Meeting adjourned at 9:51 p.m. ____________________________________ Harry LaRosiliere, MAYOR ATTEST: _________________________________ Lisa C. Henderson, City Secretary Recall Petitions Plano, TX Page 1 of 3 Recall Petitions Recall is the limited ability of citizens to petition to remove members of City Council from office prior to the expiration of their term. The Plano City Charter provides that recall may only be initiated against a City Council member on grounds of incompetency, misconduct or malfeasance in office. A recall petition form can be obtained here. In addition to the state law requirements in Chapter 277 of the Texas Election Codewhich are applicable to recall petitions and which are set out in the overview herein, the Plano City Charter has rules for recall petitions in Article 6. A recall petition may not be filed against any officer of the City of Plano within three (3) months after his/her election, nor within three (3) months after an election for that officer's recall. The recall petition must distinctly and specifically point out the ground or grounds upon which the petition for removal is based with respect to the alleged incompetency, misconduct or malfeasance in office. The petition must specifically state each ground with such certainty as to give the officer sought to be removed, notice of the matters and things with which he/she is charged. The petition must be signed by registered voters of the city equal in number to thirty (30)% of the number of votes cast at the regular municipal election of the city at which the officer was elected, or one hundred fifty (150), whichever is greater. The precise number of signatures needed for a recall petition can be obtained by contacting the Plano City Secretary’s office. The recall petition must be verified by oath as indicated in the overview herein. Signatures to an initiative petition become ineffective and will not be counted if they were placed on the petition more than forty-five (45) days prior to the filing of the petition. Contact Us The City of Plano staff can provide general information and answer general questions regarding the citizen petition process but staff cannot provide legal advice to citizens. If you have general questions regarding the citizen petition process or the information in this overview, please contact the following City departments: City Secretary’s Office EXHIBIT "G" Enable Google Translate http://www.plano.gov/3019/Recall-Petitions 6/11/2018 Recall Petitions Plano, TX Page 2 of 3 1520 K Avenue, 3rd Floor Suite 300 Plano, Texas 75074 (T) 972-941-7120 City Attorney’s Office 1520 K Avenue, 3rd Floor Suite 340 Plano, Texas 75074 (T) 972-941-7125 Quick Links Join Our Team Road Construction Municipal Code Communications & Updates Opt-Out Resources Media Relations Departments Calendar Trending Questions Permits Frequently Asked Questions I have a question about my water bill, who should I call? What is my trash/recycling/bulky waste collection day? My trash/recycling cart has a crack or a missing wheel. What should I do? How do I schedule a Household Chemical Collection? What days of the month and times of day can I currently water my lawn? 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