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60-01 O - Calling Election • ORDINANCE — — — JANUARY 29, 1960 AN ORDINANCE BY THE TOWN OF PROSPER COMMISSIONERS OF TEE TOWN OF PROSPER, TEXAS, CALLING A SPECIAL JTi CTION TO DETERMINE WHETHER OR NOT THE (QUALIFIED VOTERS OF THE TOWN OF PROSPER, TEXAS, FAVOR THE CLOSING AND SALE OF CERTAIN PORTIONS OF CER- TAIN STREETS, IN THE SAID TOWN OF PROSPER, TO CERTAIN PERSONS, AS AUTHORIZED BY CHAPTER 4, OF TITLE 28 OF THE REVISED CIVIL STATUTES OF TEXAS, AS AMENDED, AND OTHER APPLICABLE LAWS, AND DECLARING AN EMERGENCZ. WHEREAS, the Commissioners of the Town of Prosper, Texas, deem it advisable to call a Special Election in the Town of Prosper, for the purposes here— inafter mentioned: NOW: BE IT ORDAINED BY THE COMMISSIONERS OF THE TOWN OF PROSPER, AT A SPECIAL, MEETING DULY ASSEMBLED: SECTION I. AN ELECTION IS HEREBY CALLED AND SHALL BE HELD IN THE TOWN OF PROSPER, TEXAS, on the 5th day of March, A.D. 1960, at which election, the following propositions shall be submitted to the qualified voters of the Town of Prosper, Texas: PROPOSITION NO. "Shall the Commissioners of the Town of Prosper, Texas, be authorized to close and sell to Robert L. Mitchell, four tracts of land out of �- the Mitchell Addition to the Town of Prosper, and being portions of streets in said Addition," as described in deed recorded in Vol. 411, Page 162 of the Deed Records of Collin County, Texas. PROPOSITION NO. 2 "Shall the Commissioners of the Town of Prosper, Texas, be authorized to close and sell to T. B. Norris a tract of land 60 by 140 feet, being a part of Hall Street, between Third Street and Broadway Street in the Town of Prosper." PROPOS I'T I Ord NO. 3. "Shall the Commissioners of the Town of Prosper, Texas, be authorized to close and sell to Mrs. V. C. Shipley, a tract of land 60 by 140 feet, being a part of Hall Street, between Second and Third Streets, in the Town of Prosper." PROPOSITION S . "Shall the Commissioners of the Town of Prosper, Texas, be authorized to close and sell to Mrs. J. F. Brooks a tract of land 50 by 140 feet, being a part of College Street, between 'Third Street and Broadway Street, in the Town of Prosper." PROPOSITION "Shall the Commissioners of the Town of Prosper, Texas, be authorized to close and sell to Mrs. Marguerite H. Smith a tract of land 50 by 140 feet, being a part of Hall Street, between First and Second Streets in the Town of Prosper, Texas." PROPOSITIONI 1...t) .1 6 "Shall the Commissioners of the Town of Prosper, Texas, be authorized to close and sell to Miss Alice Cantrell, a tract of land 10 by 140 feet, being a part of flail Street, between First and Second Streets, in Prosper, Texas." PROPOSITION NO. 2, "Shall the Commissioners of the Town of Prosper, Texas, be authorized to close and sell to C. E. Davis a tract of land 30 by 140 feet, being a part of Hall Street, between Second and Third Streets, in the Town of Prosper, Texas." ORDINANCE - - - Page 2 - - - January 29, 1960 PROPOSI T I O ,�;Z., "Shall the Commissioners of the Town of Prosper, Texas, be authorized to close and sell to Ross Perkins a tract of land 30 by 140 feet. being a part of Hall Street, between Second and Third Streets, in the Town of Prosper, Texas." PROPOSITION NO• I - "Shall the Commissioners of the Town of Prosper, Texas, be authorized to close and sell to T. M. Hughes a tract of land 15 by 300 feet, being a part of street adjoining Alock B, Bryant's Second Addition to Prosper, Texas." PROPOSITION NO la "Shall the Commissioners of the Town of Prosper, Texas, be authorized to close and sell to R. D. Wilbanks a tract of land 15 by 300 feet, being a part of a street adjoining Block B, Bryant's Second Addition to the Town of Prosper, Texas." PROPOSITION EL, ,j,J,, "Shall the Commissioners of the Town of Prosper, Texas, be authorized to close and sell to Mitchell Nevins a tract of land 60 by 140 feet, being a part of College Street, between Second and Third Streets, in the Town of Prosper, Texas. PROPOSITIO(; NO 1, "Shall the Commissioners of the Town of Prosper, Texas, be authorized to close and sell to Joe B. Stone, a tract of land 60 by 140 feet, being a part of Hall Street, between Third Street and Broadway Street in the Town of Prosper, Texas." PROPOSITION NO. 12, "Shall the Commissioners of the Town of Prosper, Texas, be authorized to close and sell to W. C. Bryant a tract of land 30 by 140 feet, being part of College Street, between Third Street and Broadway Street, in the Town of Prosper, Texas." PROPOSITION NO. 1.4. "Shall the Commissioners of the Town of Prosper, Texas, be authorized to close and sell to Ralph Martin a tract of land, 30 by 140 feet, being a part of College Street, between Third Street and Broadway Street, in the Town of Prosper, Texas." PROPOSITION NO "Shall the Commissioners of the Town of Prosper, Texas, be authorized to close and sell to Mrs. V. C. Shipley, a tract of land 60 by 140 feet, being a part of College Street, between Second and Third Streets in the Town of Prosper, Texas." PROPOSITION EL...) . , ,6 "Shall the Commissioners of the Town of Prosper, Texas, be authorized to close and sell to Elmer L. Templin let. A tract of land 60 by 140 feet, being a part of Hall Street between Fifth Street and an alley 140 feet north of same; 2nd. A tract of land 60 by 140 feet, being a part of College Street, between Fifth Street and an alley 140 feet north of same; 3rd. A tract of land 60 by 140 feet, being a part of Church Street, between Fifth Street and an alley 140 feet north of same, all in Hillside Addition to the Town of Prosper, Texas." SECTION 2. THE SAID SPECIAL ELECTION shall be held in the Prosper State Bank building in Prosper, Texas. The following named person is hereby designated as Presiding Judge of said election, which Presiding Judge shall select such other personnel as he may deem necessary to carry out properly the purpose and intent of the election: MR. J. C. Smith, Presiding Judge. ORDINANCE - - - Page 3 - - - January 29, 1960 SECTION 3. THE SAID lae;CTION shall be held under the provisions Revised Civil Statutes of Tas, as amended including theElection Code he Texas, of Texas and of Chapter 28 of said Revised Civil Statutes of Texas and other applicable laws of the State of Texas. Only qualified voters who shall have attained the age of 21 years or who have required exemption and have resided within said Town of Prosper for six months next proceeding the election, shall have the right to vote in said Special Election. SECTION 4. ALL VOT$RS SHALL follow the following instructions: "Scratch or mark out one statement on each proposition, so that the re- maining one shall indicate the way you wish to vote." S.&CC'TIOR' 5. NOTICE OF SAID ELECTION shall be given by posting a sub- stantial copy of this election order, signed by the Mayor of the Town of Prosper and attested by the Secretary, in the Town of Prosper, and also a copy thereof at the Office of said Town of Prosper, in Prosper State Bank Building, which notices shall be posted for at least ten full days prior to the date of holding said election; and the Mayor is hereby directed to cause such notices to be posted by an officer authorized by law to post the same. He shall also cause said notices to be published in a newspaper published in Collin County, there being no newspaper published in the Town of Prosper, at least one issue prior to the date set for such election. The manner of holding said election shall be governed by the laws govern- ing special election. SECTION 6. THE MAYOR HAVING requested in writing the suspension of the role requiring several separate Readings of Ordinances and that this Ordinance be finally passed at its first reading on the date of its intro- duction and that it become effective immediately, and the Commision , finding it to be a fact that public convenience, welfare and economy makes it an urgent need, and that this fact creates an imperative public neces- sity and emergency requiring that the rule be suspended, and the same is hereby suspended, that this Ordinance shall be in full force and effect from and after its passage, and it is so Ordained. PASSED this the 29th day of January, 1960. APPROVED this the 29th day of January, 1960. (SEAL) 7t, '6G" U.N.Clary, Mayor of the Town of Prosper, prosper, Collin County, Texas. ATTEST: C. w. harp r, Secretary, Town of Prosper, Collin County, Texas. THE STATE OF TEIL6 ) COUNTY OF COLLIN ) TOWN OF PROSPER ) CERTIFICATE I, the undersigned, Secretary of the Town of Prosper, Texas, do hereby certify that the attached and foregoing is a true and correct copy of the notice of election, including a true and correct copy of an ordinance calling said election, together with an excerpt from the minutes showing the adoption thereof, as the same appears of record in the Minutes of the °ommission of the Town of Prosper on file in my office. WITNESS my hand and the official seal of said Town of Prosper on this the 4th day of February, A.D. 1960. C. w�er � Town, ecretary, Town of Prosper, Town of Prosper, Collin County, Texas. (SAL) DATED and ISSUED on this the uth pay of February, A.D. 1960, C. 4. Harper, ecretary, Town of prosper, Town of Prosper, Collin County, Texas. THE STATE 02 TEXAS COUNTY OF COLLIN TOWN OF PROSPER BEFORE ME, the undersigned authority, on this day personally appeared LEE GILMER---- Tax Assessor for the Town of Prosper, Texas, who being by me first duly sworn, upon his oath says: (1) That he posted a true and correct copy of the Notice calling the Special Election to be held on the 5th day of March, A.D. 1960, on the proposition of whether or not the Commissioners of the Town of Prosper would be authorized to close and sell certain streets in the Town of Prosper, at each of the following places in the Town of Prosper: a) One at the Prosper Co—op Store b) One at the Prosper Post Office c) One at the C.G. Hays Store (2) That all of said Notices were posted by him on the 8th day of February, A.D. 1960, which is not less than ten days prior to the date fixed for holding said special election. (3) That the City Office is the only election precinct within the Town of Prosper, Texas, and one or more copies of the election Notice was posted in such precinct. (4) That he caused such Notice of Special Election to be published in The McKinney .aminer on the llth day of February, A.D. 1960, which paper is a paper of general circulation published to the citizens, residents and voters of the County of Collin, Texas, there being no newspaper published in the Town of Prosper. A printed copy of said Notice of Publication, together with a Publisherls Affidavit are herewith returned. DATED and SIGNED this the llth day of February, A.D. 1960. Lee Gilmer, Tax Assessor, Town of Prosper SWORN TO and SUBSCRIBED before me, by the said LEE GILMER, Tax Assessor, this the llth day of February, A.D. 1960, to certify which witness my hand and the impress of my official seal. (SEAL) Ralp C. Boy Notary Public in and for Collin County, Texas THE STATE, OF TAAS COUNTY OF COLLIE BEFORE ME, the undersigned authority, on this day personally appeared LYE GILMER, Tax Assessor, known to me to be the person whose name is subscribed to the fore— going instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office this the llth day of February, A.D. 1960. (SAL) Ralph . Boye , Notary Public in and for Collin County, Texas STATE OF T1TAS COUNTY OF COLLIN TOWN OF PROSPER I, WOFFORD THOMPSON, publisher of The McKinney Examiner, a newspaper published once a week on Thursday and printed in the City of McKinney, Collin County, Texas, and generally circulated and published in the County of Collin, Texas, there being no newspaper published in Prosper, Texas, do hereby certify that the Notice attached hereto is a true and correct copy of the Notice published in the McKinney Examiner on the llth day of February, A.D. 1960. A printed copy of said Notice as pub— lished is attached to this affidavit. DATED and SIGNED on the /( day of February, A.D. 1960. )10 Woffo ,• Thompson, Publ bsr of The Mc: inney Examiner .0 SWORN TO and SUBSCRIBED before me by the said Wofford Thompson, publisher of the McKinney Examiner, this the /6 day of February, A.D. 1960, to certify which witness my hand and impress of my official seal. (sQL) A Public in and for Collin County, Texas THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared WOFFORD THOMPSON, publisher of The McKinney Examiner, known to me to ee the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the /‘ day of February, Al). 1960. (SEAL) Notary lic in and for Collin County, Texas f y , ' ‘24...1L—\ I / 1 PROCEEDINGS ON CLOSING A STRN T BY A GENERAL LAW CITY /12111 THE STATE OF TEXAS ) COUNTY OF COLLIN ) TOWN OF PROSPER ) NOTICE OF SPECIAL ELECTION TO THE RESIDENT QUALIFIED VOTERS OF the Town of Prosper, Texas, please take notice that a special election will be held in the Town of Prosper, Texas, on the 5th day of March, A.D. 1960, on the propositions and at the place more fully set forth in the election Ordinance passed by the Commissioners of the Town of Prosper, Texas, at a Special meeting on the 29th day of January, A.D. 1960, which is as follows: THE STATE OF T" ) COU 'TI OF COLLIN ) TOWN OF PROSPER ) BE IT BUEERED that on the 29th day of January, 1960, the Commission " of the Town of Prosper, Texas, convened in its Special Session, at its office in the Prosper State Bank Building, in the Town of Prosper, Texas, with the following members present: U. N. Clary, Mayor Roy Skelton, Commissioner D. C. Reece, Commissioner C. W. Harper, City Secretary constituting a quorup, at which meeting the following proceedings were had and held: Commissioner Roy Skelton introduced an Ordinance and moved that it be passed. The motion was seconded by Commissioner D. C. Reece. The said Ordinance was read in full. The motion was carried by the following vote: Ayes: Commissioner Roy Skelton and D. C. Reece Nays: None The Mayor announced that the Ordinance was passed. The Ordinance as passed is as follows: