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04-055 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 04-55 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 15, 2004; FOR THE PURPOSE OF ELECTING THREE MEMBERS OF THE PROSPER TOWN COUNCIL, PLACES 3, 4 AND 5 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 15, 2004 for the purpose of electing three 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 25, 2004; 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: COUNCIL PLACE 3 Kevin Drown 277 Sally Holmburg 149 Michael Perry 68 COUNCIL PLACE 4 Michael Wadsworth 393 COUNCIL PLACE 5 Rick Cowens 129 David Bristol 350 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. Kevin Drown is hereby declared to be elected Council Member Place 3. Section 3. Michael Wadsworth is hereby declared to be elected Council Member Place 4. Section 4. David Bristol is hereby declared to be elected Council Member Place 5. Section 5. The Prosper Town Council hereby finds and determines, as a result of the Canvass, held on May 25, 2004, that a combined Election Day and Early Vote total of 530 C:\Shanae\ORDINANCES&RESOLUTIONS\ORDINANCES\2004 Ordinances\04-55,Ordinance Canvassing the General Elections of May 15 2004.doc votes were cast in the General Election, with 97 early voters and 433 Election Day voters for the General Election held on May 15, 2004. Section 6. It is hereby declared that the Town of Prosper approves and accepts the results of the General Election for Council Place 3, 4, and 5 as set forth in the Tally Sheets 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 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.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 25th DAY OF MAY, 2004. CHARLES I ANGE ATTESTED TO AND CORRECTLY RECORDED BY: SHANAE JENNI S, TOWNS RETARY • Addition /144 444,&_ C:\Shanae\ORDINANCES&RESOLUTIONS\ORDINANCES\2004 Ordinances\04-55,Ordinance Canvassing the General Elections of May 15 2004.doc