12-38 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 12-38
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, CANVASSING
THE ELECTION RETURNS OF THE SPECIAL LOCAL OPTION
ELECTION OF NOVEMBER 6, 2012, FOR THE LEGAL SALE OF ALL
ALCOHOLIC BEVERAGES FOR OFF PREMISE CONSUMPTION
ONLY; 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 an election to be held within the Town of Prosper, Texas (the "Town") on November
6, 2012 (the "Special Election"), for the purpose of submitting to the resident qualified electors
of the Town a ballot measure to considerfor the purpose of the legal sale of all alcoholic
beverages for off premise consumption only; and
WHEREAS, the Collin County Elections Administrator and Denton County Elections
Administrator that held said Election haves 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 3,603 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 1,280 election day votes as shown in the
official election results heretofore attached as Exhibit "B" 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 Special Election Local Option (November 6,2012) Page 1
617579.1
Local Option
The Legal Sale of all alcoholic beverages for off-premise consumption only.
Votes Percentaue M)
FOR 2346 48.28%
AGAINST 2513 51.72%
NOW, THEREFORE, BE IT RESOLVED 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.
SECTION 2: Election Results. As a result of the total votes received, the measure on
the Election ballot failed.No one individual received a majority of votes to Town Council Place 1
as a result of said Election.
SECTION 3: Savin2s/Renealin2 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 45: Severabilitv. 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 56: Effective Date. This Ordinance shall be effective immediately upon its
passage.
Ordinance Canvassing the Special Election Local Option (November 6,2012) Page 2
617579.1
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER,TEXAS, on this 16'h day of November, 2012. '
Ray Smith,Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY: APPROVED AS TO FORM:
VIVI�d f C; Town Secretary Abernathy Veder Boyd &Joplin P.C.
a y
k OF Pp #4a/,, Courtney A. Kuykendal1,Town Attorney
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Ordinance Canvassing the Special Election Local Option(November 6,2012) Page 3
617579.1
Exhibit "A"
(Official Results from Early Voting)
Ordinance Canvassing the Special Election Local Option(November 6,2012) Page 4
617579 1
Election Summary Report Date:I1/13/12
November 6th 2012 General and S ecial Time:Page:: of I
P Pagel of 1
Summary For Jurisdiction Wide, , Prosper
Early Voting Accumulated Totals
67 of 67 Vote Centers Reporting
Registered Voters 462102-Cards Cast 3628 0.79% Num. Report Precinct 0-Num. Reporting 0 0.00%
Local Option- Prosper
Total
Number of Precincts 0
Precincts Reporting 0
Vote For 1
Times Counted 3628/6547 55.4 %
Total Votes 3468
Times Blank Voted 160
Times Over Voted 0
Number Of Under Votes 0
For(a Favor) 1634 47.12%
Against(en Contra) 1834 52.88%
i own of vrosper canvass Keport — i otai voters — unotticiai
DENTON COUNTY — 2012 GENERAL ELECTION — November 06, 2012
Page 1 of 1 11/1512012 04:12 PM
Total Number of Voters : 245,287 of 391,024=62.73 Precincts Reporting 192 of 192= 100.00%
Number of District Voters:203 of 305=66.56% District Precincts Reporting 1 of 1 = 100.000/
PROPOSITION 1
Precinct Absentee Early Election Total Registered Percent
Ballots Ballots Ballots Ballots Voters Turnout
Cast Cast Cast Cast y y
z
LL 0
Q
1004D 5 135 63 203 305 66.56% 134 45 179
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Totals ...
5
.. ._,. .�_1 5 63 203
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4, G
Exhibit "B"
(Official Results from Election Day)
Ordinance Canvassing the Special Election Local Option (November 6,2012) Page 5
617579.1
Election Summary Report Date:I1/13/12
November 6th 2012 General and S ecial Time: e:I of I
p Pagel of 1
Summary For Jurisdiction Wide, , Prosper
Election Day Accumulated Totals
67 of 67 Vote Centers Reporting
Registered Voters 462102 -Cards Cast 1258 0.27% Num. Report Precinct 202-Num. Reporting 202 100.00%
Local Option- Prosper
Total
Number of Precincts 4
Precincts Reporting 4 100.0 %
Vote For 1
Times Counted 1258/6547 19.2 %
Total Votes 1212
Times Blank Voted 46
Times Over Voted 0
Number Of Under Votes 0
For(a Favor) 578 47.69%1
Against(en Contra) 634 52.31%
i own of vrosper c;anvass Keport — i otai voters — unorticlai
DENTON COUNTY — 2012 GENERAL ELECTION — November 06, 2012
Page 1 of 1 11/15/2012 04:12 PM
Total Number of Voters : 245,287 of 391,024=62.73 Precincts Reporting 192 of 192= 100.000/
Number of District Voters:203 of 305=66.56% District Precincts Reporting 1 of 1 = 100.000/
PROPOSITION 1
Precinct Absentee Early Election Total Registered Percent
Ballots Ballots Ballots Ballots Voters Turnout
Cast Cast Cast Cast U,
O Z Ii
Q
1004D 5 135 63 203 305 66.56%
134 45 179
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:. .. 63.... :...:.... 03 .- ._.. .:, ..305:,
.........._ ..._ _.._ � .. ., : .» :. 134. 45, Z
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