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13-32 O - Canvassing the Returns and Declaring the Results of the May 11, 2013, General Election 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: Findin!s Incomorated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. 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 Candidate Total Votes Received Michael Korbuly 401 Jack Dixon 350 TOWN COUNCIL, PLACE 4 Candidate Total Votes Received Meigs Miller 619 MAYOR Candidate Total Votes Received Ray Smith 628 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: Savin&Revealing 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. 2 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 Sm4h, Mayor AT T ST: 0 Robyn attle, Town Se6-etary APPROVED AS TO FORM: Terrence S. Welch, Town Attorney 3 Town of Prosper - Canvass Report — Total Voters — Unofficial DENTON COUNTY — 2013 May Joint Election — May 11, 2013 Page 1 of 3 05/14/2013 02:41 PM Total Number of Voters: 15,100 of 346,391 =4.36% 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% Town of Prosper- Council, Place Number 1 Precinct Absentee Early Election Total Registered Percent T Ballots Ballots Ballots Ballots Voters Turnout Cast Cast Cast Cast O X H Y p m y O V H L A U_ 1004 0 2 0 2 336 0.60% 2 0 2 C13 0 0 0 0 0 00.00% 0 0 0 C178 0 378 292 670 6300 10.63% 385 260 645 C199 0 66 38 104 459 22.66% 14 90 104 C29 0 0 0 0 2 00.00% 0 0 0 Y ,; 0-" 446 M 330; .176'=" 7097- :71 401 350 Town of Prosper- Canvass Report — Total Voters — Unofficial DENTON COUNTY — 2013 May Joint Election — May 11, 2013 Page 2 of 3 05/14/2013 02:41 PM Total Number of Voters: 15,100 of 346,391 =4.36% 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°/ Town of Prosper-Council, Place Number 4 Precinct Absentee Early Election Total Registered Percent Ballots Ballots Ballots Ballots Voters Turnout Cast Cast Cast Cast = y a o L F 1004 0 2 0 2 336 0.60% 1 1 C13 0 0 0 0 0 00.00% 0 0 C178 0 378 292 670 6300 10.63% 539 539 C199 0 66 38 104 459 22.66% 79 79 C29 0 0 0 0 2 00.00% 0 0 .. ce , . 7U5 7r . �` T ` .' am v�rj"s Town of Prosper - Canvass Report — Total Voters — Unofficial DENTON COUNTY — 2013 May Joint Election — May 11, 2013 Page 3 of 3 05/14/2013 02:41 PM Total Number of Voters: 15,100 of 346,391 =4.36% 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°/ Town of Prosper- Mayor Precinct Absentee Early Election Total Registered Percent Ballots Ballots Ballots Ballots Voters Turnout r Cast Cast Cast Cast .E y O A � Q; 1004 0 2 0 2 336 0.60% 0 0 C13 0 0 0 0 0 00.00% 0 0 C178 0 378 292 670 6300 10.63% 548 548 C199 0 66 38 104 459 22.66% 80 80 C29 0 0 0 0 2 00.00% 0 0 Town of Prosper - Cumulative Report - Unofficial DENTON COUNTY - 2013 May Joint Election - May 11, 2013 Page 1 of 1 05/14/2013 02:41 PM Total Number of Voters: 15,100 of 346,391 =4.36% Precincts Reporting 165 of 165= 100.00% Number of District Voters. 776 of 7,097= 10.93% District Precincts Reporting 5 of 5= 100.000/ Party I Candidate I Absentee I Early I Election I Total Town of Prosper-Council,Place Number 1,Vote For 1 I Michael Korbuly 0 0.00% 217 50.70% 184 56.97% 401 53.40% Jack Dixon 0 0.00% 211 49.30% 139 43.03% 350 46.60% Cast Votes: 0 0.00% 428 95.96% 323 97.88% 751 96.78% Over Votes: 0 0.00% 0 0.00% 0 0.00% 0 0.00% Under Votes: 0 0.00% 18 4.04% 7 2.12% 25 3.22% Town of Prosper-Council,Place Number 4,Vote For 1 Meigs Miller 0 0.00% 369 100.00% 250 100.00% 619 100.00% Cast Votes: 0 0.00% 369 82.74% 250 75.76% 619 79.77% Over Votes: 0 0.00% 0 0.00% 0 0.00% 0 0.00% Under Votes: 0 0.00% 77 17.26% 80 2414% 157 20.23% Town of Prosper-Mayor,Vote For 1 Ray Smith 0 0.00% 377 100.00% 251 100.00% 628 100.00% Cast Votes: 0 0.00% 377 84.53% 251 76.06% 628 80.93% Over Votes: 0 0.00% 0 0.00% 0 0.00% 0 0.00% Under Votes: 0 0.00% 69 15.47% 79 23.94% 148 19.07% I