2020-84 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2020-84
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF
THE SPECIAL ELECTION HELD ON NOVEMBER 3, 2020, TO CONSIDER 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 SAVINGS, REPEALING AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN 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, pursuant to Section 41.001(a) of the Texas Election Code, November 3,
2020, has been established as a uniform election date for the Town; and
WHEREAS, on August 11, 2020, the Town Council ordered a Special Election for
November 3, 2020, to consider the two (2) local option propositions; and
WHEREAS, the Collin County Elections Administrator and the Denton County Elections
Administrator that held said Special 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 Special Election was properly given by the Town as required by
law; and
WHEREAS, said Special 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 Special
Election have been certified and returned by the proper judge and clerks thereof; and
WHEREAS, the Town Council has considered the returns of said Special 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 Special Election reflects that the following
propositions received the number of votes set opposite each stated proposition:
Proposition
Pro osition D (Legal
Sale of All Alcoholic
Beverages for Off -
Premise
Consumption Only)
For
Against
Proposition E (Legal
Sale of Mixed
Beverages in
Restaurants by Food
and Beverage
Certificate Holders
Collin County Early Denton County Early
Voting and Election Voting and Election Combined Percentage
T Day Totals Day Totals Total
6,618
5,223
1,548
1,050
8,166
6,273
56.56%
43.44%
Only)
For 9,453
Against 2,347
2,167 11,620 80.68%
436 2,783 19.32°/
The canvass of the returns of the Special Election held on November 3, 2020, reflects that
a majority of the votes cast at the Special Election were (1) "For the legal sale of all alcoholic
beverages for off -premise consumption only" and (2) "For the legal sale of mixed beverages in
restaurants by food and beverage certificate holders only," and it is hereby so ordered.
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
Ordinance No. 2020-84, Page 2
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 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, Ton Secretary
APPROVED AS TO FORM:
) Terrence S. Oolch, Town Attorney
APPROVED:
e
V
Ray Smith, Mayor
Ordinance No. 2020-84, Page 3