19-23 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 19-23
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, CANVASSING THE
RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION
HELD ON MAY 4, 2019, FOR THE PURPOSE OF ELECTING MAYOR, TOWN
COUNCIL PLACE 1, AND TOWN COUNCIL PLACE 4; ORDERING A RUN-OFF
ELECTION TO BE HELD ON SATURDAY, JUNE 8, 2019; PROVIDING FOR THE
DESIGNATION OF THE POLLING PLACE AND MANNER OF HOLDING SAID
ELECTION; PROVIDING FOR THE DESIGNATION OF THE EARLY VOTING
POLLING PLACE; PROVIDING FOR THE DESIGNATION OF THE EARLY
VOTING CLERK; PROVIDING FOR THE POSTING AND PUBLICATION OF
NOTICE; PROVIDING FOR THE APPOINTMENT OF ELECTION OFFICERS;
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"), issued an
order on February 12, 2019, directing that a General Election be held on May 4, 2019, for the
purpose of electing Mayor, Town Council Place 1, and Town Council Place 4; and
WHEREAS, the Collin County Elections Administrator and the Denton County Elections
Administrator that held said General Election have duly made the returns 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, notice of the general election was properly given by the Town as required by
law; and
WHEREAS, said election was duly and legally held on May 4, 2019, in the Town and in
conformity with the election laws of the State of Texas, and the results of said election have been
certified and returned by the proper judge and clerks thereof; and
WHEREAS, the Town Council has considered the returns of said election held on May 4,
2019.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
All of the above premises are hereby found to be true and correct factual and legislative
determinations of the Town of Prosper and are hereby approved and incorporated into the body of
this Ordinance as if copied in their entirety.
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SECTION 2
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:
Total Number of Total Number of Votes on Total Number
Absentee and Early
Saturday, May 4, 2019: of Votes:
Percentage:
Voting Votes:
Mayor
Ray Smith 1834 538 2372
100.00%
1834 538 2372
100.00%
Town Council Place 1
Mike Korbuly 771 249 1020
43.37%
Marcus E. Ray 1053 279 1332
56.63%
1824 528 2352
100.00%
Town Council Place 4
Steve Thomas 679 236 915
38.58%
Meigs Miller 680 190 870
36.68%
Richard "Rick" McGrath 475 112 587
24.75%
1834 538 2372
100.00%
The canvass of the returns of the General Election held on May 4, 2019, reflects that
the following
person was duly elected to the respective position shown:
Mayor: Ray Smith
Town Council Place 1: Marcus E. Ray
SECTION 3
A Run -Off Election of the Town shall be held on June 8, 2019, between the hours of 7:00
a.m. and 7:00 p.m., for the purpose of electing Town Council Place 4.
The candidate receiving a majority of the votes cast shall be declared elected.
Qualified voters of the following election precincts shall cast ballots for the Run -Off Election
at the heretofore established and designated polling places, as follows:
Town Precincts Polling Place
199, 178, 224, and 214 Prosper Town Hall
(Collin County) 200 S. Main Street
Prosper, Texas 75078
1044 (Denton County) Prosper Fire Station No. 2
1140 S. Teel Parkway
Prosper, Texas 75078
Ordinance No. 19-23, Page 2
Election polls shall be open from 7:00 a.m. until 7:00 p.m., on the date of the Run -Off
Election, June 8, 2019.
SECTION 5
Early voting by personal appearance for Collin County residents shall be available at the
Prosper Town Hall, 200 S. Main Street, Prosper, Texas 75078, from 8:00 a.m. to 5:00 p.m., Tuesday
through Saturday, beginning on Tuesday, May 28, 2019, and continuing through Saturday, June 1,
2019, which is not a Sunday or any official state holiday, with extended voting hours being held on
Thursday, May 31, from 8:00 a.m. to 7:00 p.m., and on Monday, June 3, and Tuesday, June 4, from
7:00 a.m. to 7:00 p.m.
Early voting by personal appearance for Denton County residents shall be available at the
Prosper Fire Station No. 2, 1140, S. Teel Parkway, Prosper, Texas, 75078, from 8:00 a.m. to 5:00
p.m., Tuesday through Saturday, beginning on Tuesday, May 28, 2019, and continuing through
Saturday, June 1, 2019, which is not a Sunday or any official state holiday, with extended voting
hours being held on Monday, June 3, and Tuesday, June 4, from 7:00 a.m. to 7:00 p.m.
Applications for a ballot by mail shall be requested from and returned to the Collin County
Elections Administration Office, Attn: Elections Administrator, 2010 Redbud Blvd, Suite 102,
McKinney, Texas 75069, election CcDcolIincountytx.gov, or to the Denton County Elections
Administration Office, Attn: Elections Administrator, 701 Kimberly Drive, Denton, Texas 76208,
electionsCo)-dentoncounty.com. Applications for a ballot by mail must be received no later than the
close of business on May 28, 2019.
Town voters may vote at any of the additional Early Voting locations open under full contract
services with the Collin County Elections Administrator or the Denton County Elections
Administrator, which may be designated after May 13, 2019.
SECTION 6
Voting equipment that has been duly approved by the Secretary of State pursuant to the
Texas Election Code shall be used in this Run -Off Election for early voting by personal appearance,
Election Day voting, and early voting by mail.
SECTION 7
The Town Secretary is hereby authorized and directed to publish and/or post, in the time and
manner prescribed by law, all notices required to be so published and/or posted in connection with
the conduct of this Run -Off Election. The Run -Off Election, including providing notice of the Run -
Off Election, shall be conducted in accordance with the Texas Election Code and other applicable
law, and all resident qualified and registered voters of the Town shall be eligible to vote at the Run -
Off Election.
SECTION 8
The Election Officer shall arrange for the appointment, notifications, training and
compensation of all election judges and alternate judges in accordance with the law. The presiding
Judge shall appoint not less than two (2) nor more than nine (9) qualified elections clerks to serve
and assist in the conduct of the election in accordance with the law.
Ordinance No. 19-23, Page 3
SECTION 9
The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney, are
hereby authorized and directed to take any and all actions necessary to comply with the provisions
of the Texas Election Code and any other state or federal law in carrying out and conducting the
Run -Off Election, whether or not expressly authorized herein.
SECTION 10
This ordinance and order for a Run -Off Election shall be effective from and afterthe passage
of this ordinance.
SECTION 11
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.
SECTION 12
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 13
Effective Date. This Ordinance shall be effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXA�S� O� ON THIS THE 13TH DAY OF MAY, 2019.
OF
I914 .
ATTEST•
Robyn attle, Town Secretary
0
APPROVED:
Ray Smit , Mayor
rdinance No. 19-23, Page 4
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APPROVED AS TO FORM:
Terrence S. Welch, Town Attorney
Ordinance No. 19-23, Page 5