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HomeMy WebLinkAboutOrdinance No. 2013-1989 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2013 - 1989 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING OF THE CODE OF ORDINANCES, CHAPTER 2, ARTICLE I, SECTION 2-4, ENTITLED "SAME ELECTION OF THE MAYOR PRO TEM AND DEPUTY MAYOR PRO TEM,", BY MOVING THE ELECTION OF THE MAYOR PRO TEM AND DEPUTY MAYOR PRO TENT FROM FOLLOWING THE MAY UNIFORM ELECTION DATE TO FOLLOWING THE NOVEMBER UNIFORM ELECTION DATE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EMINIED1ATE EFFECTIVE DATE. N,~IHEREAS, during the 82"1 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(x) of the Texas Election Code to provide the authority for the City Council of the City of The Colony, Texas, which has previously held its general election during the May uniform election date, to change its general election date to the November uniform election date, and WHEREAS, on November 20, 2012, the City Council of the City of The Colony, Texas, approved a resolution which moved the City uniform election date from the May uniform election date to the November uniform election date, pursuant to the authority contained in Section 41.0052(x) of the Texas Election Code: and WHEREAS, the City Council for the City of The Colony, Texas, finds and determines it is necessary to amend Chapter 2, Article I, Section 2-4, entitled "Same-Election of the mayor pro tem and deputy mayor pro tem." to address the election of the Mayor pro tem and Deputy Mayor pro tem. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 2, Article 1, Section 2-4, entitled "Same Election of the mayor pro tem and deputy mayor pro tem," which shall read as follows: "Sec. 2-4. Same-Election of the mayor pro tem and deputy mayor pro tem. (a) The city council shall elect a mayor pro tem and deputy mayor pro tem at its first regular meeting following the City's uniform election date in November, and swearing in of the newly elected mayor and/or city council members. (b) In the event that the city council has not been elected due to a run-off between candidates, the city council shall, at its first regular meeting following completion of the municipal run- off election, elect one of its members of the city council to serve as mayor pro tem and deputy mayor pro tem." SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this ordinance, 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 ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. This Ordinance shall become effective immediately. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 15"' day of January, 2013. Joe McCotir y, Mayor i ATTEST: t Christie Wilson, City Secretary APPROVED AS TO FORM: Jeff Moore, ity Attorney Page 2 _ r