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05-23 O - Canvassing May 7, 2005 Election TOWN OF PROSPER, TEXAS ORDINANCE NO. 05-23 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 7, 2005; FOR THE PURPOSE OF ELECTING A MAYOR AND TWO MEMBERS OF THE PROSPER TOWN COUNCIL, PLACES 1 AND 2 FOR A TERM OF TWO YEARS; 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 7, 2005 for the purpose of electing a Mayor and two members of the Prosper Town Council for a term of two years; and WHEREAS, a Canvass of the General Election returns was conducted on May 17, 2005; 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 Charles Niswanger 239 Sally F. Holmburg 17 Larry Tracey 94 COUNCIL PLACE 1 Dave Turley 248 COUNCIL PLACE 2 Lisa Dritschler 253 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. Section 3. Dave Turley is hereby declared to be elected Council Member Place 1. Section 4. Lisa Dritschler is hereby declared to be elected Council Member Place 2. Section 5. The Prosper Town Council hereby finds and determines, as a result of the Canvass, held on May 17, 2005, that a combined Election Day and Early Vote total of 350 votes were cast in the General Election, with 88 early voters and 262 Election Day votes for the General Election held on May 7, 2005. Section 6. It is hereby declared that the Town of Prosper approves and accepts the results of the General Election for Mayor and Council Places 1 and 2 as set forth in the Election C:\Documents and Settings\Shanae Jennings\My Documents\ORDINANCES &RESOLUTIONS\ORDINANCES\2005 Ordinances and Resolutions\05-23,Ordinance Canvassing the General Elections of May 7 2005.doc Returns Sheet attached, as determined by the plurality vote of the qualified voters of the Town of Prosper. Section 7. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal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 8. 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 9. 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 17th DAY OF MAY,2005. CHARL SWAN , MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: ANAE JENNINGS WN SECRET DATE OF PUBLICATION: , Dallas Morning News-Collin County Addition Al/1"- C:\Documents and Settings\Shanae Jennings\My Documents\ORDINANCES &RESOLUTIONS\ORDINANCES\2005 Ordinances and Resolutions\05-23,Ordinance Canvassing the General Elections of May 7 2005.doc TOWN OF PROSPER SUMMARY OF PRECINCT ELECTION RETURNS FOR CANVASSING GENERAL ELECTIONS MAY 7, 2005 MAYOR, PLACE 1 and PLACE 2 EARLY VOTING/ ELECTION DAY and COMBINED TOTALS PRECINCTS 13 & 29 Early Voting Election Day Combined Percent Position Candidate Totals Totals Totals of Vote Mayor Charles Niswanger 71 168 239 68.29% Sally F. Holmburg 1 16 17 4.86% Larry Tracey 16 78 94 26.86% Place 1 David Turley 59 189 248 100.00% Place 2 Lisa Dritschler 62 191 253 100.00% TOTAL EARLY VOTING BALLOTS CAST 88 TOTAL ELECTION DAY BALLOTS CAST 262 COMBINED ELECTION DAY & EARLY VOTING BALLOTS CAST: 350 PERCENTAGE OF REGISTERED VOTERS WHO VOTED: 18 TOTAL NUMBER OF REGISTERED VOTERS: 1,946 ± Dated this 17th day of May, 2005 }/\f//104C- Shanae Jennings, n Secretary lections Administrator Town of Prosper