18-33 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-33
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, CANVASSING THE
RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION
HELD ON MAY 5, 2018, FOR THE PURPOSE OF ELECTING TOWN COUNCIL
PLACE 2, AND TOWN COUNCIL PLACE 6; ORDERING A RUN-OFF ELECTION
TO BE HELD ON SATURDAY, JUNE 16, 2018; PROVIDING FOR THE
DESIGNATION OF THE POLLING PLACE AND MANNER OF HOLDING SAID
ELECTION; PROVIDING FOR THE DESIGNATION OF THE EARLY VOTING
POLLING PLACE; PROVIDING FOR THE DESIGNATION OF THE EARLY
VOTING CLERK; PROVIDING FOR THE POSTING AND PUBLICATION OF
NOTICE; PROVIDING FOR THE APPOINTMENT OF ELECTION OFFICERS;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; AND
PROVIDING FOR AN EFFECTIVE DATE HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), issued an
order on February 13, 2018, directing that a General Election be held on May 5, 2018, for the
purpose of electing Town Council Place 2, and Town Council Place 6; and
WHEREAS, the Collin County Elections Administrator and the Denton County Elections
Administrator that held said General Election have duly made the returns of the results thereof, and
said returns have been duly delivered to thisTown Council; and
WHEREAS, the Town Council finds and declares that the meeting at which this Ordinance is
considered is open to the public as required by law, and that the public notice of the time, place and
purpose of the meeting was given as required by Vernon's Ann, Texas Government Code, Section
551.041, as amended; and
WHEREAS, notice of the general election was properly given by the Town as required by
law; and
WHEREAS, said election was duly and legally held on May 5, 2018, in the Town and in
conformity with the election laws of the State of Texas, and the results of said election have been
certified and returned by the proper judge and clerks thereof; and
WHEREAS, the Town Council has considered the returns of said election held on May 5,
2018.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
All of the above premises are hereby found to be true and correct factual and legislative
determinations of the Town of Prosper and are hereby approved and incorporated into the body of
this Ordinance as if copied in their entirety.
SECTION 2
The official canvass of the returns of the General Election reflects that the following named
persons received the number of votes set opposite their names in the respective positions to be
filled:
The canvass of the returns of the General Election held on May 5, 2018, reflects that the following
person was duly elected to the respective position shown:
Town Council, Place 6: Jason Dixon
SECTION 3
A Run -Off Election of the Town shall be held on June 16, 2018, between the hours of 7:00
a.m. and 7:00 p.m., for the purpose of electingTown Council Place 2.
The candidate receiving a majority of the votes cast shall be declared elected.
SECTION 4
Qualified voters of the following election precincts shall cast ballots for the Run -Off Election
at the heretofore established and designated polling places, as follows:
Town Precincts
199, 178, 224, and 214
(Collin County)
1044 (Denton County)
Polling Place
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, Texas 75078
Prosper Fire Station No. 2
1140 S. Teel Parkway
Prosper, Texas 75078
Election polls shall be open from 7:00 a.m. until 7:00 p.m., on the date of the Run -Off
Election, June 16, 2018.
Ordinance No. 18-33, Page 2
Total Number of
Total Number of Votes
Total
Percentage
Absentee and
on Saturday, May 5,
Number
Early Voting
2018:
of Votes:
Votes:
Town Council. Place 2
Eve Henry
39
19
58
4.86%
Carl Ackermann
12
6
18
1.51%
Craig Andres
302
98
400
33.50%
Chris Kern
284
169
453
37.94%
Norma Hutchins
66
46
112
9.38%
Lucy Towle
76
77
153
12.81%
1194
Town Council, Place 6
Jason Dixon
405
197
602
51.81%
Scott Fisher
81
61
142
12.22%
Phyllis Hoffschwelle
270
148
418
35.97%
1162
The canvass of the returns of the General Election held on May 5, 2018, reflects that the following
person was duly elected to the respective position shown:
Town Council, Place 6: Jason Dixon
SECTION 3
A Run -Off Election of the Town shall be held on June 16, 2018, between the hours of 7:00
a.m. and 7:00 p.m., for the purpose of electingTown Council Place 2.
The candidate receiving a majority of the votes cast shall be declared elected.
SECTION 4
Qualified voters of the following election precincts shall cast ballots for the Run -Off Election
at the heretofore established and designated polling places, as follows:
Town Precincts
199, 178, 224, and 214
(Collin County)
1044 (Denton County)
Polling Place
Prosper Municipal Chambers
108 W. Broadway Street
Prosper, Texas 75078
Prosper Fire Station No. 2
1140 S. Teel Parkway
Prosper, Texas 75078
Election polls shall be open from 7:00 a.m. until 7:00 p.m., on the date of the Run -Off
Election, June 16, 2018.
Ordinance No. 18-33, Page 2
SECTION 5
Early voting by personal appearance for Collin County residents shall be available at the
Town of Prosper Municipal Chambers, 108 W. Broadway, Prosper, Texas 75078, from 8:00 a.m. to
5:00 p.m., Monday through Saturday, beginning on Monday, June 4, 2018, and continuing through
Saturday, June 9, 2018, which is not a Sunday or any official state holiday, with extended voting
hours being held on Monday, June 11, and Tuesday, June 12, from 7:00 a.m. to 7:00 p.m.
Early voting by personal appearance for Denton County residents shall be available at the
Prosper Fire Station No. 2, 1140, S. Teel Parkway, Prosper, Texas, 75078, from 8:00 a.m. to 5:00
p.m., Monday through Saturday, beginning on Monday, June 4, 2018, and continuing through
Saturday, June 9, 2018, which is not a Sunday or any official state holiday, with extended voting
hours being held on Monday, June 11, and Tuesday, June 12, from 7:00 a.m. to 7:00 p.m.
Applications for a ballot by mail shall be requested from and returned tothe Collin County
Elections Administration Office, Attn: Elections Administrator, 2010 Redbud Blvd, Suite 102,
McKinney, Texas 75069, electionC7a collincountytx.gov, or to the Denton County Elections
Administration Office, Attn: Elections Administrator, 701 Kimberly Drive, Denton, Texas 76208,
elections dentoncount .com. Applications for a ballot by mail must be received no later than the
close of business on June 5, 2018.
Town voters may vote at any of the additional Early Voting locations open under full contract
services with the Collin County Elections Administrator or the Denton County Elections
Administrator, which may be designated afterMay 14, 2018.
SECTION 6
Voting equipment that has been duly approved by the Secretary of State pursuant to the
Texas Election Code shall be used in this Run -Off Election for early voting by personal appearance,
Election Day voting, and early voting by mail.
The Town Secretary is hereby authorized and directed to publish and/or post, in the time and
manner prescribed by law, all notices required to be so published and/or posted in connection with
the conduct of this Run -Off Election. The Run -Off Election, including providing notice of the Run -
Off Election, shall be conducted in accordance with the Texas Election Code and other applicable
law, and all resident qualified and registered voters of the Town shall be eligible to vote at the Run -
Off Election.
SECTION 8
The Election Officer shall arrange for the appointment, notifications, training and
compensation of all election judges and alternate judges in accordance with the law. The presiding
Judge shall appoint not less than two (2) nor more than nine (9) qualified elections clerks to serve
and assist in the conduct of the election in accordance with the law.
SECTION 9
The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney, are
hereby authorized and directed to take any and all actions necessary to comply with the provisions
of the Texas Election Code and any other state or federal law in carrying out and conducting the
Ordinance No. 18-33, Page 3
Run -Off Election, whether or not expressly authorized herein.
SECTION 10
This ordinance and and order for a Run -Off Election shall be effective from and after the
passage of this ordinance.
SECTION 11
Savin-gs/Repealing Clause. All provisions of any Ordinance in conflict with this Ordinance are
hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending
prosecution for violation of the repealed Ordinance, nor shall the repeal prevent a prosecution from
being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining
portions of said Ordinances shall remain in full force and effect.
SECTION 12
Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance
be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided
that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper
hereby declares that is would have passed this Ordinance, and each section, subsection, clause or
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional or invalid.
SECTION 13
Effective Date. This Ordinance shall be effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 14TH DAY OF MAY, 2D18.
OF 1 PRO
�► C) + • i
I %�
+ • •
r� w
sem•% '• 60
'\
"ATT
own Secretary
APPROVED:
Ray Smith, Mayor
Ordinance No. 18-33, Page 4
APPROVED AS TO FORM:
Terrence S. Welch, Town Attorney
Ordinance No. 18-33, Page 5