05.20.2013 Town Council Special Meeting Packet
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Pledge of Allegiance and Pledge to the Texas Flag.
3. Consider and act upon Ordinance No. 13-32, canvassing the returns and declaring the
results of the May 11, 2013, General Election.
4. Administer Oaths of Office and Present Certificates of Election.
5. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the
Town Hall of the Town of Prosper, Texas, a place convenient and readily accessible to the general public at all
times, and said Notice was posted on the following date and time:
On May 17, 2013, at 5:00 p.m. and remained so posted at least 72 hours before said meeting was convened.
________________________________
Robyn Battle, Town Secretary
If during the course of the meeting covered by this Notice, the Town Council should determine that a closed or
executive meeting or session of the Town Council or a consultation with the attorney/special counsel for the Town
should be held or is required, then such closed or executive meeting or session or consultation with the
attorney/special counsel as authorized by the Texas Open Meetings Act, Texas Government Code, §551.001, et seq.,
will be held by the Town Council at the date, hour and place given in this Notice or as soon after the commencement
of the meeting covered by this Notice as the Town Council may conveniently meet in such closed or executive
meeting or session or consult with the attorney/special counsel for the Town concerning any and all subjects and for
any and all purposes permitted by the Act, including, but not limited to, the following sections and purposes:
Texas Government Code:
§551.071 - Consultation with the attorney/special counsel for the Town.
§551.072 - Discussion regarding the purchase, exchange, lease or value of real property.
§551.074 - Discussion regarding personnel matters.
AGENDA
Meeting of the Prosper Town Council
SPECIAL CALLED MEETING
TO CANVASS ELECTION
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Monday, May 20, 2013
6:00 p.m.
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NOTICE
Pursuant to Town of Prosper Ordinance Number 07-04, all speakers other than Town of Prosper Staff are limited to
three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a
majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair
accessible. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services
such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the
Town Secretary’s Office at (972) 569-1011. BRAILLE IS NOT AVAILABLE.
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To: Mayor and Town Council
From: Robyn Battle, Town Secretary
CC: Harlan Jefferson, Town Manager
Re: Special Called Town Council Meeting – May 20, 2013
Date: May 15, 2013
Agenda Item:
Consider and act upon Ordinance No. 13-32, canvassing the returns and declaring the results of
the May 11, 2013, General Election.
Description of Agenda Item:
The Town of Prosper held a General Election on May 11, 2013, in accordance with the Texas
Election Code. The Denton County Early Voting Ballot Board reconvened on May 13th to count
provisional ballots. The proposed Ordinance includes the final totals of votes cast in the May
11th election.
The following are the results of the tabulation:
The Town Charter states that the candidate for elective office receiving a majority of the votes
cast shall be declared the winner; therefore, as the Town Secretary of the Town of Prosper, I
certify that the following persons were duly elected to the respective positions shown:
Town Council, Place 1 Michael Korbuly
Town Council, Place 4 Meigs Miller
Mayor Ray Smith
Attached Documents:
1. Proposed Ordinance No. 13-32
2. Denton County Canvass Reports
Council Place/Candidate Early Voting Election Day Total Percentage
Town Council, Place 1
Michael Korbuly 217 184 401 53.40%
Jack Dixon 211 139 350 46.60%
Town Council, Place 4
Meigs Miller 369 250 619 100.00%
Mayor
Ray Smith 377 251 628 100.00%
Prosper is a place where everyone matters.
ADMINISTRATION
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Town Staff Recommendation:
Town staff recommends that the Town Council adopt Ordinance No. 13-32, canvassing the
returns and declaring the results of the May 11, 2013, General Election in accordance with state
law and the Town of Prosper Charter.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 13-32
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, CANVASSING
THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL
ELECTION HELD ON MAY 11, 2013, FOR THE PURPOSE OF ELECTING
TOWN COUNCIL PLACE 1, TOWN COUNCIL PLACE 4, AND MAYOR;
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”) duly
authorized a General Election to be held within the Town of Prosper, Texas (the “Town”), on May
11, 2013, for the purpose of electing the Town Council Place 1, Town Council Place 4, and Mayor;
and
WHEREAS, the Denton County Elections Administrator that held said General Election has
duly made the return of the results thereof, and said returns have been duly delivered to this Town
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, there were cast in said election 446 early votes, and 330 election day votes as
shown in the election results heretofore attached as Exhibit “A” and made a part of this Ordinance,
lawfully submitted to the Town Council of the Town of Prosper, Texas, and filed with the Town
Secretary of said Town; and
WHEREAS, said General Election was duly and legally held in conformity with the election
laws of the State of Texas, and the results of said election have been verified and returned by the
proper judges and clerks.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
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SECTION 2: General Election Results. 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:
TOWN COUNCIL, PLACE 1
TOWN COUNCIL, PLACE 4
MAYOR
The canvass of the returns of the General Election held on May 11, 2013, reflects that the following
persons were duly elected to the respective positions shown:
Town Council, Place 1 Michael Korbuly
Town Council, Place 4 Meigs Miller
Mayor Ray Smith
SECTION 4: Savings/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.
Candidate Total Votes Received
Michael Korbuly 401
Jack Dixon 350
Candidate Total Votes Received
Meigs Miller 619
Candidate Total Votes Received
Ray Smith 628
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SECTION 5: 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 6: 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 20TH DAY OF MAY, 2013
APPROVED:
_______________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM:
_____________________________
Terrence S. Welch, Town Attorney
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Exhibit “A”
Denton County Canvass Reports
Town of Prosper - Canvass Report — Total Voters — Unofficial
DENTON COUNTY — 2013 May Joint Election — May 11, 2013
Precincts Reporting 165 of 165 = 100.00%Total Number of Voters : 15,100 of 346,391 = 4.36%
Page 1 of 3 05/14/2013 02:41 PM
Number of District Voters: 776 of 7,097 = 10.93%District Precincts Reporting 5 of 5 = 100.00%
Town of Prosper - Council, Place Number 1
Precinct Absentee
Ballots
Cast
Early
Ballots
Cast
Election
Ballots
Cast
Total
Ballots
Cast
Jack DixonTotalsRegistered
Voters
Percent
Turnout
Michael Korbuly1004 0 2 2 336 0.60%2 0 20
C13 0 0 0 0 00.00%0 0 00
C178 0 378 670 6300 10.63%385 260 645292
C199 0 66 104 459 22.66%14 90 10438
C29 0 0 0 2 00.00%0 0 00
Totals 0 446 330 776 7097 401 350 751
Town of Prosper - Canvass Report — Total Voters — Unofficial
DENTON COUNTY — 2013 May Joint Election — May 11, 2013
Precincts Reporting 165 of 165 = 100.00%Total Number of Voters : 15,100 of 346,391 = 4.36%
Page 2 of 3 05/14/2013 02:41 PM
Number of District Voters: 776 of 7,097 = 10.93%District Precincts Reporting 5 of 5 = 100.00%
Town of Prosper - Council, Place Number 4
Precinct Absentee
Ballots
Cast
Early
Ballots
Cast
Election
Ballots
Cast
Total
Ballots
Cast
TotalsRegistered
Voters
Percent
Turnout
Meigs Miller1004 0 2 2 336 0.60%1 10
C13 0 0 0 0 00.00%0 00
C178 0 378 670 6300 10.63%539 539292
C199 0 66 104 459 22.66%79 7938
C29 0 0 0 2 00.00%0 00
Totals 0 446 330 776 7097 619 619
Town of Prosper - Canvass Report — Total Voters — Unofficial
DENTON COUNTY — 2013 May Joint Election — May 11, 2013
Precincts Reporting 165 of 165 = 100.00%Total Number of Voters : 15,100 of 346,391 = 4.36%
Page 3 of 3 05/14/2013 02:41 PM
Number of District Voters: 776 of 7,097 = 10.93%District Precincts Reporting 5 of 5 = 100.00%
Town of Prosper - Mayor
Precinct Absentee
Ballots
Cast
Early
Ballots
Cast
Election
Ballots
Cast
Total
Ballots
Cast
TotalsRegistered
Voters
Percent
Turnout
Ray Smith1004 0 2 2 336 0.60%0 00
C13 0 0 0 0 00.00%0 00
C178 0 378 670 6300 10.63%548 548292
C199 0 66 104 459 22.66%80 8038
C29 0 0 0 2 00.00%0 00
Totals 0 446 330 776 7097 628 628
Town of Prosper - Cumulative Report — Unofficial
DENTON COUNTY — 2013 May Joint Election — May 11, 2013
Page 1 of 1
Total Number of Voters : 15,100 of 346,391 = 4.36%
05/14/2013 02:41 PM
Precincts Reporting 165 of 165 = 100.00%
Number of District Voters: 776 of 7,097 = 10.93%District Precincts Reporting 5 of 5 = 100.00%
TotalPartyCandidateEarlyElectionAbsentee
Town of Prosper - Council, Place Number 1, Vote For 1
184
50.70%53.40% 401
0.00%
56.97% 0 217
Michael Korbuly
139
49.30%46.60% 350
0.00%
43.03%
0 211
Jack Dixon
323 751Cast Votes:95.96%96.78%0.00%97.88% 0 428
25
0
7
0
Under Votes:
Over Votes:
4.04%
0.00%
3.22%
0.00%
0.00%
0.00%0.00%
2.12%
0
0
0
18
Town of Prosper - Council, Place Number 4, Vote For 1
250100.00%100.00% 619
0.00%
100.00%
0 369
Meigs Miller
250 619Cast Votes:82.74%79.77%0.00%75.76% 0 369
157
0
80
0
Under Votes:
Over Votes:
17.26%
0.00%
20.23%
0.00%
0.00%
0.00%0.00%
24.24%
0
0
0
77
Town of Prosper - Mayor, Vote For 1
251100.00%100.00% 628
0.00%
100.00%
0 377
Ray Smith
251 628Cast Votes:84.53%80.93%0.00%76.06% 0 377
148
0
79
0
Under Votes:
Over Votes:
15.47%
0.00%
19.07%
0.00%
0.00%
0.00%0.00%
23.94%
0
0
0
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