2020-82 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2020-82
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF
THE GENERAL ELECTION HELD ON NOVEMBER 3, 2020, FOR THE
PURPOSE OF ELECTING TOWN COUNCIL PLACE 3 AND TOWN COUNCIL
PLACE 5; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY
CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), issued an
order on February 11, 2020, directing that a General Election be held on May 2, 2020, for the
purpose of electing Town Council Place 3 and Town Council Place 5; and
WHEREAS, on or about March 13, 2020, the Governor of the State of Texas certified that
the novel coronavirus (COVID-19) posed an imminent threat of disaster and, under the authority
vested in the Governor by Section 418.014 of the Texas Government Code, declared a state of
disaster in every county in the State of Texas; and
WHEREAS, on or about March 18, 2020, the Governor issued a Proclamation
suspending certain sections of the Texas Election Code, among others, to allow political
subdivisions of the State that would otherwise hold elections on May 2, 2020, to postpone
general and special elections to the next uniform election date, November 3, 2020; and
WHEREAS, it is pursuant to the authority of the Governor's March 13, 2020, disaster
declaration and the March 18, 2020, proclamation, the Town postponed the Town Council
General Election in the Town from Saturday, May 2, 2020, to Tuesday, November 3, 2020; 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 General Election was duly and legally held on November 3, 2020, in the
Town and in conformity with the election laws of the State of Texas, and the results of said General
Election have been certified and returned by the proper judge and clerks thereof; and
WHEREAS, the Town Council has considered the returns of said General Election held
on November 3, 2020.
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
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:
Place/Candidate
Town Council, Place 3
Amy Bartley
Town Council, Place 5
Jeff Hodges
Steve Thomas
Collin County Denton County
Early Voting and Early Voting and Combined Percentage
Election Day Election Day Totals Total
Totals
8,519 1,745 10,264 100.00%
5,486 1,171
2,614 _ 725
6,657 L—66.60%
3,339 33.40%
The canvass of the returns of the General Election held on November 3, 2020, reflects
that the following persons were duly elected to the respective position shown:
Town Council Place 3: Amy Bartley
Town Council Place 5: Jeff Hodges
SECTION 3
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 4
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.
Ordinance No. 2020-82, Page 2
SECTION 5
This Ordinance shall be effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 17TH DAY OF NOVEMBER, 2020.
ATTEST:
Melissa Lee, T wn Secretary
APPROVED AS TO FORM:
Terrence S. WIch, Town Attorney
APPROVED:
Ray S ith, Mayor
Ordinance No. 2020-82, Page 3