04-056 - O TOWN OF PROSPER ORDINANCE NO. 04-56
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 15,2004; 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 15, 2004; 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 530 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 527 out of 530 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 25, 2004 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 Beer and Wine for Off-Premises
Consumption received the following votes:
FOR: 300
AGAINST: 227
SECTION 3: The Town Council hereby finds and declares that Proposition No. 1 passed.
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SECTION 4: The Town Council hereby finds and determines, as a result of this Canvass, a
total of 97 early ballots were cast and 433 election day ballots were cast for an accumulated total of
530 ballots cast in the overall election, with only 96 early ballots and 431 election day ballots for an
accumulated total of 527 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repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced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 25th day of May, 2004.
CHARL IS , MAYOR
ATTEST:
SHANAE JE GS, TOWN ECRETARY
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CANVASS ORDINANCE.doc