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06-123 - O TOWN OF PROSPER ORDINANCE NO. 06-123 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS CANVASSING THE ELECTION RETURNS OF THE SPECIAL ELECTION OF THE TOWN OF PROSPER, TEXAS HELD ON NOVEMBER 7, 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 Special Election on Proposition No. 1 to be held on November 7, 2006; and Whereas, 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 eight hundred fifty three (853) votes on Proposition No. 1 as shown in the official election results heretofore lawfully submitted to the Town Council of the Town of Prosper, Texas, and filed with the Town Secretary; and Whereas, the Town Council of the Town of Prosper, Texas met on November 15, 2006 and duly canvassed the election returns of the above-mentioned election, as 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 adoption of the Home Rule Charter received the following votes: FOR: 669 (78.43%) AGAINST: 184 (21.57%) SECTION 3: The Town Council hereby finds and declares that Proposition No. 1 passed and that the Town Charter was approved by the voters and shall become effective as the Home Rule Charter of the Town of Prosper upon adoption of this Ordinance canvassing the election results. Ordinance Canvassing Election Returns of the Special Election held on November 7,2006 Page l 464785-1 SECTION 4: The Town Council hereby finds and determines, as a result of this Canvass, a total of two hundred sixteen (216) early ballots were cast and six hundred thirty seven (637) Election Day ballots were cast for an accumulated total of eight hundred fifty three (853) ballots cast in the Special Election, Proposition No. 1. Further, the Town Council hereby finds and determines that up to one hundred eight (108) registered voters of the Town of Prosper were provided a ballot that did not contain Proposition No. 1 for the adoption of the Home Rule Charter, but that even if all such voters had voted against Proposition No. 1, the will of the voters would still be for approval of Proposition No. 1 for the adoption of the Home Rule Charter. 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 15th day of November, 2006. Charles iswanger, May ATTEST: ,`'��/11111//// � OF P/?Oii/ tthew D. Denton, Town Secretary = *Z * See 1*/, 7Z-X!S,e`a®%• Ordinance Canvassing Election Returns of the Special Election held on November 7,2006 Page 2 464785-1 COLLIN 2010 Redbud Blvd. Ste 102 Sharon Rowe, CERA COUNTY Mc Kinney, Texas 75069 Elections Administrator 972-547-1990 I 800-687-8546 11, 972-424-1460 Ext 1990 Metro Fax 972-547-1914 STATE OF TEXAS § CANVASS OF THE TOWN OF PROSPER SPECIAL ELECTION COUNTY OF COLLIN § NOVEMBER 14, 2006 I, Sharon Rowe, the undersigned Elections Administrator of Collin County, do hereby certify that I have made an actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots. I, therefore, make the following report of my findings from the November 7, 2006 Town of Prosper Special Election that was held in Collin County, Texas. I hereby certify the results to be a full, true and correct tabulation, audit and count of the votes cast in the said election. WITNESS, my hand on this the 14th day of November 2006. S aron Rowe Elections Administrator Collin County VISIT OUR WEB SITE AT www. collincountytx . gov Election Summary Report Date:11/13/06 GENERAL SPECIAL ELECTION Time:14:55:47 COLLIN COUNTY,TEXAS Paged of NOVEMBER 7,2006 Summary For Jurisdiction Wide,All Counters,All Races COMBINED EARLY VOTING AND ELECTION DAY ACCUMULATED TOTALS Registered Voters 381821-Cards Cast 138686 3632% Num.Report Precinct 162-Num.Reporting 162 100.00% ALLEN LOCAL OPTION 1; DALLAS PROP 8 Total Total Number of Precincts 17 Number of Precincts 13 Precincts Reporting 17 100.0% : Precincts Reporting 13 100.0%:: Times Counted 14470/40270 35.9%? Times Counted 853026667 32.0%:i Total Votes 13503 Total Votes 7860 Times Blank Voted 966 Times Blank Voted 670 Times Over Voted I iii Times Over Voted 0 Number Of Under Votes 0 Iii Number Of Under Votes 0 FOR 9072 67.19% FOR 4691 59.68% AGAINST 4431 32.81%:; AGAINST 3169 40.32% : DALLAS PROP 1 !. DALLAS PROP 9 • Total Total Number of Precinct 13 Number of Precinct 13 Precincts Reporting 13 100.0% : Precincts Reporting 13 100.0%:: Times Counted 853026667 32.0%:: Times Counted 853026667 32.0%:i Total Votes 8075 Total Votes 7849 Times Blank Voted 453 limes Blank Voted 681 Times Over Voted 2 8 Times Over Voted 0 Number Of Under Votes 0 Number Of Under Votes 0 FOR 6908 85.55% • FOR 4953 63.10%:: AGAINST 1167 14.45%:: AGAINST 2896 36.90%:: DALLAS PROP 2 I. DALLAS PROP 10 • Total Total Number of Precinct 13 Number of Precinct 13 Precincts Reporting 13 100.0%:i Precincts Reporting 13 100.0% Times Counted 853026667 32.0%:i Times Counted 853026667 32.0%:: Total Votes 7990 Total Votes 7734 Times Blank Voted 540 Times Blank Voted 796 Times Over Voted 0 Times Over Voted 0 Number Of Under Votes 0 Number Of Under Votes 0 FOR 6287 78.69%:: FOR 3540 45.77% AGAINST 1703 21.31%i AGAINST 4194 54.23% i, DALLAS PROP 3 !.: DALLAS PROP II Total Total Number of Precinct 13 ill Number of Precinct 13 Precincts Reporting 13 100.0% : Precincts Reporting 13 100.0% Times Counted 853026667 32.0% : Times Counted 8530266617 32.0% Total Votes 7995 Total Votes 7793 Times Blank Voted 535 Iii Times Blank Voted 734 Times Over Voted 0 Times Over Voted 3 Number Of Under Votes _ 0 _Number Of Under Votes 0 FOR 6245 78.11%:i FOR 4774 61.26%:i AGAINST 1750 21.89% : AGAINST 3019 38.74%::: DALLAS PROP 4 I,. DALLAS PROP 12 Total Total Number of Precinct 13 Number of Precincts 13 Precincts Reporting 13 100.0% : Precincts Reporting 13 100.0% Times Counted 853026667 32.0%S Times Counted 853026667 32.0%:: Total Votes 7997 Total Votes 7934 Times Blank Voted 532 Times Blank Voted 593 Times Over Voted 1 Times Over Voted 3 Number Of Under Votes 0 Number Of Under Votes 0 FOR 6417 80.24% . FOR 6950 87.60%?: AGAINST 1580 19.76% i AGAINST 984 12.40%'i DALLAS PROP 5 !. MURPHY 11Y'4l OPTION • Total Total • Number of Precincts 13 Number of Precinct 2 Precincts Reporting 13 100.0% : Precincts Reporting 2 100.0% Times Counted 853026667 32.0%is Times Counted 3256/6798 47.9% i Total Votes 7960 Total Votes 3161 Times Blank Voted 570 Times Blank Voted 95 Times Over Voted 0 Times Over Voted 0 Number Of Under Votes 0 Number Of Under Votes 0 FOR 5351 67.22%:: FOR 1932 61.12%::: AGAINST 2609 32.78% i AGAINST 1229 38.88%:: DALLAS PROP 6 > PROSPER CHARTER Total Total Number of Precinct 13 Number of Precincts 2 Precincts Reporting 13 100.0%::: Precincts Reporting 2 100.0%: Times Counted 853026667 32.0%::: Times Counted 9942558 38.9%:;: Total Votes 7938 Total Votes 853 Times Blank Voted 592 Times Blank Voted 141 Times Over Voted 0 Times OverVoted 0 Number Of Under Votes 0 Number Of Under Votes 0 FOR 5187 65.34% YES 669 78.43%::: AGAINST 2751 3466% NO 184 21.57% DALLAS PROP 7 I..: RICHARDSON LOCAL OPTION Total Total Number of Precincts 13 Number of Precincts 7 Precincts Reporting 13 100.0%::: Precincts Reporting 7 100.0%::: Times Counted 853026667 32.0% Times Counted 6712/15670 42.8% Total Votes 7919 Total Votes 6268 Times Blank Voted 611 limes Blank Voted 444 Times Over Voted 0 Times Over Voted 0 Number Of Under Votes 0 Number Of Under Votes 0 FOR 4243 53.58%;: FOR 4567 72.86% AGAINST 3676 46.42%;i; AGAINST 1701 27.14%i