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HomeMy WebLinkAboutResolution No. 2012-091 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2012-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, PURSUANT TO THE AUTHORITY CONTAINED IN TEXAS SENATE BILL 100 (2011) APPROVED BY THE TEXAS LEGISLATURE IN THE 82ND REGULAR SESSION, BY AMENDING THE GENERAL ELECTION DATES FROM MAY UNIFORM ELECTION DATES TO NOVEMBER UNIFORM ELECTION DATES; PROVIDING A TRANSITION SCHEDULE FOR THE ELECTION OF THE MAYOR AND CITY COUNCIL MEMBERS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2.02 of the City of The Colony, Texas, Home-Rule Charter currently provides that the Mayor and City Council members have three (3) year terms of office; and WHEREAS, on Saturday, May 12, 2012, the Mayor, Council Member for Place 1, and Council Member for Place 2 were elected to a three (3)-year term of office through May 2015; and WHEREAS, on Saturday, May 14, 2011, Council Member for Place 3, Council Member for Place 4, Council Member for Place 5, and Council Member for Place 6 were elected to a three (3)-year term of office through May 2014; and WHEREAS, during the 82°d Texas Legislative Session, the Texas Legislature approved, and the Governor signed Senate Bill 100 (hereinafter referred to as "SB 100"); and WHEREAS, SB 100 amends Section 41.0052(a) of the Texas Election Code to provide the following: "The governing body of a political subdivision, other than a county, that holds its general election for officers on a date other than the November uniform election date may, not later than December 31, 2012, change the date on which it holds its general election for officers to the November uniform election date." WHEREAS, SB 100 also amends Section 41.0052 of the Texas Election Code by adding a new subsection (c), which provides the following: "A home-rule city may implement the change authorized by Subsection (a) [which changes authorizes a change of the uniform election date to November] or provide for the election of all members of the governing body at the same election through the adoption of a resolution. The change contained in the resolution supersedes a city charter provision that requires a different general election date or that requires the tennis of members of the governing body to be staggered." WHEREAS, SB 100 also amends Section 41.0052 of the Texas Election Code by adding a new subsection (d), which provides the following: "The holdover of a member of a governing body of a city in accordance with Section 17, Article XVI, Texas Constitution, so that a term of office may be conformed to a new election date chosen under this section does not constitute a vacancy for purposes of Section I I (b), Article Xl, Texas Constitution." NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: SECTION 1. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. The City Council of the City of The Colony, Texas, finds and determines pursuant to the authority contained in Texas Senate Bill 100, approved by the Texas Legislature in the 82"d Regular Session, and signed by the Governor, and having an effective date of September 1, 2011, it is in the best interest of the City of The Colony, Texas, to provide the following: (a) General Election Date: Pursuant to Section 41.0052(a) of the Texas Election Code, as amended by Texas Senate Bill 100, 82"d Regular Session, the general election for the election of the Mayor and City Council members for the City of The Colony, Texas, shall be the November uniform election date, commencing on November 4, 2014, and continuing thereafter. (b) Transition Schedule for the Election of the Mayor, Council Member for Place 1, and Council Member for Place 2: Pursuant to the authority contained in Section 41.0052(d) of the Texas Election Code, as amended by Texas Senate Bill 100, 82"a Regular Session, the term of office for the Mayor, Council Member for Place 1, and Council Member for Place 2, is extended until the November 2015 uniform election date, or November 3, 2015. Further, pursuant to the City of The Colony, Texas, Home-Rule Charter, the general election for the Mayor, Council Member for Place 1, and Council Member for Place 2 will occur every three (3) years thereafter. (c) Transition Schedule for the Election of Council Member for Place 3, Council Member for Place 4 Council Member for Place 5, and Council Member for Place 6: Pursuant to the authority contained in Section 41.0052(d) of the Texas Election Code, as amended by Texas Senate Bill 100, 82nd Regular Session, the term of office for the Council Member for Place 3, Council Member for Place 4, Council Member for Place 5, and Council Member for Place 6, is extended until the November 2014 uniform election date, or November 4, 2014. Further, pursuant to the City of The Colony, Texas, Home-Rule Charter, the general election for Council Member for Place 3, Council Member for Place 4, Council Member for Place 5, and Council Member for Place 6 will occur every three (3) years thereafter. Page 2 SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this Resolution, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Resolution; and the City Council hereby declares it would have passed such remaining portions of this Resolution despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. That all provisions of the Home-Rule Charter or Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Resolution be, and the same are hereby amended, repealed, and all other provisions of the Home-Rule Charter or Ordinances of the City not in conflict with the provisions of this Resolution shall remain in full force and effect. SECTION 5. This Resolution shall become effective immediately from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 20th day of November, 2012. Jo, McCou' °y, Mayor ATTEST: i din-, stie Wilson, City Secretary , APPROVED AS TO FORM: FAi r Jeff Moore, City Attorney Page 3