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12-36 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 12-36 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, CANVASSING THE ELECTION RETURNS OF THE SPECIAL RUNOFF ELECTION OF OCTOBER 20, 2012, TO FILL THE VACANCY IN PLACE 1 ON THE PROSPER TOWN COUNCIL; 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 special runoff election to be held within the Town of Prosper, Texas (the "Town") on October 20, 2012 (the "Special Election"), for the purpose of submitting to the resident qualified electors of the Town a ballot for the purpose of electing one (1) Town Council Member to fill the vacancy in Place l; and WHEREAS, the Denton County Elections Administrator that held said 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 440 early votes as shown in the official election results heretofore attached as Exhibit "A" 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, there were cast in said election 303 election day votes as shown in the official election results heretofore attached as Exhibit "A" lawfully submitted to the Town Council of the Town of Prosper, Texas, and filed with the Town Secretary of said Town; and WHEREAS, the Combined Early Voting and Election Day Accumulated totals (cards cast) resulted in the following: Ordinance Canvassing the Runoff Election (October 20,2012) Page 1 61701 l.l TOWN COUNCIL, PLACE 1 Votes Percentage (%) KELLY COOPER 370 49.80% MICHAEL KORBULY 373 50.20% NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findin�s Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Election Results. As a result of said Election, and in conformity with the law, the following are hereby declared to be elected: Michael Korbuly is hereby declared to be elected Town Council Member, Place 1. SECTION 3: Savin sg /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 priar to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. 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 30th day of October, 12. �„ �.,_ � Ray Smith, M yor Ordinance Canvassing the Runoff Election(October 20,2012) Page 2 61701 l.l ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: � i�� _° ' / / ;f � -�� -=: ��. Amy Piuka a, RMC Abernathy ede Boyd & J lin P.C. Town Secretary Courtney A. Ku endall, Town Attorney ti�//�� .�a.P�O�i"'��: .,. ,,� �.. e . .a�{',, �.. ��'i� , i ' ♦ "y % � a � t h y • • • �x"�F �b ea '••�.�•+ � �Y ��/� TE3;�`� �?*,;" ��o06s�t��4 Ordinance Canvassing the Runoff Election (October 20,2012) Page 3 617011.1 Exhibit "A" (Official Results from Early Voting) . Carnass Report — Total Voten — UnoMicial DENTON C�UNTY — TOWN OF PR08PER RUNOFF ELECTION — October 20,2012 Pap�1 of 7 10f7Il201t 06:6I PM ToW NimMr W Vobrs:74S M 8,417=11.82".G Procincb Repordng 6 015�100.00% COUNCILMAN-PLACE N0.1(UNEXP�tED r,.�aKe eany cacao� �ow rt.q.�na r«c.M e.�on e,�an e.aa. voa�+ Tw�ww � � �..t �.� m� : � � � Y Y +oa a o e x� x.ere z e e c�a + o i z so.00x o i i c��e na tea 679 a�a ».sou os9 oie en c�w » >s +e ua� u.i�x � u �e cz9 i � u ra ts.vis + � ++ TaUW ��.. �':M1 .',�W 7�9 tlilx . 7C7l.' " �YAO �� #,44 �LL�� tY � � o�aC01t11�� `�� I Ordinance Canvassing the Runoff Election(October 20,2012) Page 4 617011.1 CumulaSve R�port — Unofflcia! DENTON COVHTY—TOWN pF PROSPER RUNOFF ELECTION — Octobsr Y0,2072 Pp�1 of 1 101Y4/2012 K:60 PY To�tal Nunb,sr d VoOxt:745 M 8,411.f 1.92°h � Pretlncte Repati�g 5 d 5 e 100.tlOM � ryq � C�qItlM � ery ■� Tow ��r �� COUNCRl1AN•M.AC!NO.1 pMl[7PIR6q,YoN Fq 1 MICNAEL KORBULY =13 N.l6% 15! 51.19% 779 SG.1076 KELLYCOOPER 225 61.f�% 145 �7.l8% �70 �e.W% CM�VOW: a10 t9.77% JOb N.67% 71J 9Y.7J% OwrYoW: 0 0.00% 0 O�ii 0 0.00% IMMi VMH: f O.t]16 7 O J�% 4 O.Z7'K 1�J �� •�•��1��g r?L� �yt�'�,.,�.�.� Ordinance Canvassing the Runoff Election(October 20,2012) Page 5 617011.1