06-046 - O TOWN OF PROSPER ORDINANCE NO. 06-46
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS
CANVASSING THE ELECTION RETURNS OF THE LOCAL OPTION ELECTION OF
THE TOWN OF PROSPER, TEXAS HELD ON MAY 13, 2006; DECLARING THE
RESULTS FOR PROPOSITION 1; PROVIDING FOR SAVINGS, REPEALING AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF.
Whereas, the Town Council of the Town of Prosper, Texas called for a Local Option
Election on Proposition 1 to be held on May 13, 2006; and
Whereas, only duly qualified resident voters of the Town of Prosper, Texas voted in
said election, and the election was called and held in strict conformity with the laws of the
State of Texas; and
Whereas, there were cast at said election seventy-five (75) votes as shown in the
official election results heretofore lawfully submitted to the Town Council of the Town of
Prosper, Texas, and filed with the City Secretary, with only twenty-eight (28) out of seventy-
five (75) votes being cast in the Local Option Election of said Town; and
Whereas, the Town Council of the Town of Prosper, Texas met on May 23, 2006 and
duly canvassed the election returns of the above-mentioned election, hereby attached as
Exhibit "A" and incorporated as if fully set forth herein.
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: Proposition No. 1 for the Legal Sale of Mixed Beverages in restaurants
by food and beverage certificate holders only received the following votes:
FOR: 62 (82.67%)
AGAINST: 13 (17.33%)
SECTION 3: The Town Council hereby finds and declares that Proposition No. 1
passed.
SECTION 4: The Town Council hereby finds and determines, as a result of this
Canvass, a total of forty-seven (47) early ballots were cast and twenty-eight (28) election
day ballots were cast for an accumulated total of seventy-five (75) ballots cast in the overall
election, with only forty-seven (47) early ballots and twenty-eight (28) election day ballots for
an accumulated total of seventy-five (75) ballots being cast in the Local Option Election.
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hereby repealed to the extent they are in conflict; but such repeal shall not abate any
pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a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 shall be effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on the 23rd day of May, 2006.
c
CHARLES NISWANGER, MAYOR
ATTEST.
M
ATTHEW D. DENTON, TOWN SECRETARY
DATE OF PUBLICATION: , Dallas Morning News-Collin County Addition