2020-62 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO.2020-62
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 3RD DAY
OF NOVEMBER, 2020, FOR THE PURPOSE OF SUBMITTING TO THE
QUALIFIED VOTERS OF THE TOWN OF PROSPER, TEXAS, TWO (2) LOCAL
OPTION ELECTION PROPOSITIONS: (1) TO LEGALIZE THE LEGAL SALE OF
ALL ALCOHOLIC BEVERAGES FOR OFF -PREMISE CONSUMPTION ONLY,
AND (2) TO LEGALIZE THE LEGAL SALE OF MIXED BEVERAGES IN
RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY;
PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE PLACE AND
MANNER OF HOLDING SAID ELECTION; DESIGNATING THE EARLY
VOTING POLLING PLACE; DESIGNATING THE EARLY VOTING CLERK;
PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, pursuant to and consistent with Chapter 501 of the Texas Election Code, the
Town of Prosper, Texas ("Town"), received two (2) petitions requesting a local option election be
held to consider (1) the legal sale of all alcoholic beverages for off -premise consumption only;
and (2) the legal sale of mixed beverages in restaurants by food and beverage certificate holders
only; and
WHEREAS, pursuant to Sections 501.109 and 501.031 of the Texas Election Code, the
Town Secretary verified the petitions submitted to the Town, and determined the petitions
contained the requisite number of signatures of eligible voters of the Town; and
WHEREAS, Section 41.001(a) of the Texas Election Code establishes November 3, 2020,
as a uniform election date for the Town; and
WHEREAS, Section 3.005(c) of the Texas Election Code requires the Town to call the
election at least seventy-eight (78) days before the uniform election date; and
WHEREAS, the meeting at which this Ordinance is considered is open to the public as
required by law, is a regular meeting of the Town Council, and public notice of the time, place and
purpose of said meeting was given as required by Section 551.043 of the Texas Government
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
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.
SECTION 2
A special election of the Town shall be held on Tuesday, November 3, 2020, between the
hours of 7:00 a.m. and 7:00 p.m., at those Election Day voting sites as determined by the Elections
Administrator, for the purpose of considering two (2) local option legalization ballot propositions
authorized by Section 501.035 of the Texas Election Code:
and
TOWN OF PROSPER, TEXAS SPECIAL ELECTION
TOWN OF PROSPER, TEXAS PROPOSITION D
"The legal sale of all alcoholic beverages for off -premise consumption only"
TOWN OF PROSPER, TEXAS SPECIAL ELECTION
TOWN OF PROSPER, TEXAS PROPOSITION E
"The legal sale of mixed beverages in restaurants by food and beverage certificate
holders only"
SECTION 3
Voting on the date of the election, and early voting therefor, shall be by the use of a lawfully
approved voting system. The preparation of the voting equipment to be used in connection with
such voting system and the official ballots for the election shall conform to the Texas Election
Code, as amended, so as to permit the electors of the Town of Prosper to vote on the local option
ballot propositions. Said ballots shall have printed therein such provisions, markings, and
language as may be required by law, and shall be set forth on said ballots in substantially the
following form and language:
SPECIAL ELECTION
Town of Prosper, Texas
November 3, 2020
OFFICIAL BALLOT
TOWN OF PROSPER, TEXAS SPECIAL ELECTION
TOWN OF PROSPER, TEXAS PROPOSITION D
The legal sale of all alcoholic beverages for off -premise consumption only.
La venta legal de Codas bebidas alcoholicas para consumo solamente fuera del
establecimiento.
For (A Favor)
Against (En Contra)
Ordinance No. 2020-62, Page 2
TOWN OF PROSPER, TEXAS SPECIAL ELECTION
TOWN OF PROSPER, TEXAS PROPOSITION E
The legal sale of mixed beverages in restaurants by food and beverage certificate holders
only.
La venta legal de bebidas alcoholicas mezc/adas (cocteles) en restaurantes solo por los
poseedores de un certificado de comidas y bebides.
For (A Favor)
Against (En Contra)
SECTION 4
All election precincts, early voting polling sites and Election Day polling sites shall be
determined by the Elections Administrator pursuant to the Election Services Agreement.
SECTION 5
All election officials, including the Early Voting Clerk, shall be the officials appointed to
such positions by Collin County and Denton County and to the extent required by law, are hereby
so appointed.
SECTION 6
Early voting by personal appearance will be held jointly with other Collin County and
Denton County public entities at Collin County's and Denton County's respective main early voting
site(s), beginning on such dates as authorized by the Texas Election Code and/or by order of the
Governor.
SECTION 7
The Collin County Election Administrator and the Denton County Election Administrator
are hereby appointed to serve as the Early Voting Clerks in their respective counties, and the
Elections Administrators' permanent county employees are appointed as deputy early voting
clerks. Applications for ballots by mail shall be mailed to said Election Administrators, in
accordance with the Texas Election Code and/or by order of the Governor.
SECTION 8
The Town Secretary is hereby authorized and directed to file, publish and/or post, in the
time and manner prescribed by law, all notices required to be so filed, published and/or posted in
connection with the conduct of this election.
SECTION 9
The election shall be conducted pursuant to the election laws of the State of Texas.
Ordinance No. 2020-62, Page 3
SECTION 10
If any word, section, article, phrase, paragraph, sentence, clause, or portion of this
ordinance or application thereto to any person or circumstance is held to be invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portion of this ordinance; and the Town Council hereby declares it would have
passed such remaining portions of this ordinance despite such invalidity which remaining portions
shall remain in full force and effect. Additionally, it is the intent of the Town Council in adopting
this Ordinance to fully comply with the terms of any Election Services Agreement. Should any
conflict arise between any term of this Ordinance and the Town's obligations under any Election
Services Agreement, it is the express intent of the Town Council that the terms of the Election
Services Agreement should control and govern the administration of the general and special
election addressed in this Ordinance.
SECTION 11
This Ordinance shall take effect from and after its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 11TH DAY OF AUGUST, 2020.
LZ44c��—, , i
Ray Smit , Mayor
ATTEST: C
Melissa Lee, Tgivn Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
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Ordinance No. 2020-62, Page 4