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17-37 O - General Electon Canvass May 6, 2017TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-37 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 6, 2017, FOR THE PURPOSE OF ELECTING TOWN COUNCIL PLACE 3, AND TOWN COUNCIL PLACE 5; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), issued an order on February 14, 2017, directing that a general election be held on May 6, 2017, for the purpose of electing Town Council Place 3, and Town Council Place 5; and WHEREAS, the Collin County Elections Administrator and the Denton County Elections Administrator that held said General Election have duly made the returns of the results thereof, and said returns have been duly delivered to this Town Council; and WHEREAS, the Town Council finds and declares that the meeting atwhich this Ordinance is considered is open to the public as required by law, and that the public notice of the time, place and purpose of the meeting was given as required by Vernon's Ann. Texas Government Code, Section 551.041, as amended; and WHEREAS, notice of the general election was properly given by the Town as required by law; and WHEREAS, said election was duly and legally held on May 6, 2017, in the Town and in conformity with the election laws of the State of Texas, and the results of said election have been certified and returned by the proper judge and clerks thereof; and WHEREAS, the Town Council has considered the returns of said election held on May 6, 2017, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 All of the above premises are hereby found to be true and correct factual and legislative determinations of the Town of Prosper and are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2 The official canvass of the returns of the General Election reflects that the following named persons received the number of votes set opposite their names in the respective positions to be filled: Total Number of Total Number of Votes on Total Number Early Voting Votes: Saturday, May 6, 2017: of Votes: Town Council, Place 3 Curry Vogelsang, Jr. 313 203 516 Town Council, Place 5 Jeff Hodges 214 152 366 Laura Thomas 173 103 276 The canvass of the returns of the General Election held on May 6, 2017, reflects that the following persons were duly elected to the respective positions shown: Town Council, Place 3: Curry Vogelsang, Jr. Town Council, Place 5: Jeff Hodges SECTION 3 Savings/Repealinq Clause. 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 4 Severabilitv. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that is would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5 Effective Date. This Ordinance shall be effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS THE 15TH DAY OF MAY, 2017. APPROVED: 1 �� wv Ra Smilih, Mayor Ordinance No. 17-37, Page 2 ATTEST: Robyn APPROVED AS TO FORM: Terrence S. Welch, Town Attorney Ordinance No. 17-37, Page 3