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07-047 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.07-047 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE RESULTS OF THE CANVASS FOR THE ELECTION RETURNS OF THE GENERAL ELECTION OF MAY 12, 2007; FOR THE PURPOSE OF ELECTING A MAYOR AND TWO MEMBERS OF THE PROSPER TOWN COUNCIL, MAYOR, PLACE 1 AND PLACE 2; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas, held a General Election on May 12, 2007 for the purpose of electing the Mayor, Councilmember Place 1 and Councilmember Place 2 to the Prosper Town Council; and WHEREAS, a Canvass of the General Election returns was conducted on May 22, 2007; and WHEREAS, it was found that the persons herein named received the following votes for said term of office on the Prosper Town Council of the Town of Prosper, Texas: Mayor Number of Votes Lisa Dritschler 312 Charles Niswanger 316 Place 1 Number of Votes Dave Turley 429 Place 2 Number of Votes Ronni Gallup 85 Kenneth Dugger 269 Joe Anselmo 214 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: Section 1. The findings set forth above are incorporated into the body of this ordinance as if fully set forth herein. Section 2. Charles Niswanger is hereby declared to be elected Mayor. Dave Turley is hereby declared to be elected Council Member Place 1. A runoff Election will be held June 16, 2007 between Kenneth Dugger and Joe Anselmo for Council Member Place 2. Section 3. The Prosper Town Council hereby finds and determines, as a result of the Canvass, held on May 22, 2007, that a combined Election Day and Early Vote total of 637 votes were cast in the Special Election, with 264 early voters and 373 Election Day votes for the General Election held on May 12, 2007. Section 4. It is hereby declared that the Town of Prosper approves and accepts the results of the General Election as set forth in the Election Returns Sheet attached, as determined by the majority vote of the qualified voters of the Town of Prosper. Section 5. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.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 6. Should any section, subsection, clause or phrase of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full for force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clauses and phrases be declared unconstitutional or invalid. Section 7. This Ordinance will become effective immediately upon its passage by the Town Council of Prosper. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS THIS 22"d DAY OF MAY,2007. CHARLES ISWANG ,MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: TTHEW D.DENTON,TRMC TOWN SECRETARY DATE OF PUBLICATION: � Dallas Morning News—Collin County Addition AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County,this day personally appeared Lynda Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly sworn by oath, states the attached advertisement of: Town of Prosper as published in The Dallas Morning News-Collin County Edition 1 , TOWN OF PROSPER,TEXAS ORDINANCE NO.07-047 I May 31 2007 ,AN ORDINANCE+ OF , Y ITHE TOWN COUNCIL OF THE TOWN,OF PROSPER, TEXAS, DE- .CLARING THE,RE- , SULTS OF THE CAN- VASS FOR THE ELEC- TION RETURNS OF , THE GENERAL`ELEC- TION OF MAY 12, 2007; ' FOR THE PURPOSE OF , ELECTING A MAYOR I AND TWO MEMBERS ' OF THE PROSPER TOWN COUNCIL, MAY- .I (Lyn a B ck) OR, PLACE 1 .A,N0 PLACE 2; PROVIDING FOR SAVINGS, RE- PEALING AND SEVER- ABILITY CLAUSES; i AND PROVIDING FOR AN EFFECTIVE DATE. I Sworn to and subscribed before me this May 31, 2007, A.D o41d69a9s`,� ., / 4 c, .9.41 .u•8• x,� (Lisa Battenfie • ��F9Gi93� os