09-049 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.09-049
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,DECLARING
THE UNOPPOSED CANDIDATES FOR THE OFFICES OF PLACE 2 AND PLACE 6 AS ELECTED;
PROVIDING THAT THE MAY 9, 2009, REGULAR MUNICIPAL ELECTION SHALL NOT BE
HELD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THE ORDINANCE WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the Town Council of the Town of Bryan,Texas,adopted Resolution 09-034 on February 10,2009,
ordering a regular municipal election to be held on May 9, 2009, for the purpose of electing two official of the
Town,to wit: Place 2 and Place 6;and
WHEREAS, pursuant to Sections 143.007 and 146.054, Texas Election Code, the deadline for filing
applications for a place on the ballot and declaration of write-in candidacy for the City's regular municipal
election have expired; and
WHEREAS, the Town Secretary, in accordance with Section 2.052, Texas Election Code, has certified in
writing to the Town Council that Kenneth Dugger is unopposed for election to the office of Place 2 and Ray
Smith is unopposed for election to Place 6; and
WHEREAS, the Town Council hereby finds and determines that the candidates whose names are to appear on
the ballot in said election are unopposed,there are no declared write-candidates, and no proposition to appear on
the ballot for said election;
NOW, THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
THAT:
1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct.
2. In accordance with Section 2.053(a), Texas Election Code, the following unopposed candidates are
hereby declared duly elected to the respective offices shown and shall be issued a certificate of election
following the date on which the regular municipal election for Place 2 and Place 6 was to have been
held:
Kenneth Dugger—Place 2
Ray Smith—Place 6
3. Pursuant to Section 2.053(b), Texas Election Code, the regular municipal election for Place 2 and Place
6 called and ordered by Resolution 09-034,for May 9,2009, shall not be held and is hereby canceled.
4. The Town Secretary is hereby directed to cause a copy of this Ordinance to be posted on election day,
same being May 9,2009,at all polling places that would have been used in such election.
5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict.
6. The Code of the Town of Prosper, Texas, as amended, shall remain in full force and effect, save and
except as amended by this ordinance.
7. Should any section, paragraph, sentence, clause, phrase or word of this ordinance be declared
unconstitutional or invalid for any purpose by a court of competent jurisdiction, the reminder of this
ordinance shall not be affected thereby, and to this end the provisions of this ordinance are declared to
be severable.
8. It is hereby found and determined that the meeting at which this ordinance was passed was open to the
public as required by Section 551.001 et. Seq., Texas Government Code, and that advance public notice
of the time,place and purpose of said meeting was giving.
9. The ordinance shall take effect immediately upon its first and only reading.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS,on this 24th day of March,2009.
ar es i anger,Ma
ATTESTED AND CORRECTLY
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