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HomeMy WebLinkAboutOrdinance No. 2014-2102 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2014- (9,1 O a, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY,TEXAS,CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD ON THE 4th DAY OF NOVEMBER 2014, FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS FOR SAID CITY; ORDERING A RUN-OFF ELECTION FOR PLACE 6; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council caused to be published in accordance with the laws of the State of Texas notice of the election held November 4, 2014,to elect four(4) council members for the City of The Colony; and WHEREAS,notice of election was actually given as required by law; and WHEREAS,one person filed as a candidate in Place 5,and as a result said election for Place 5 was duly cancelled; and WHEREAS, said election was duly and legally held on November 4, 2014, in conformity with the election laws of the State of Texas, and the results of said election have been certified and returned by the election judges and clerks thereof; and WHEREAS,the election returns duly and legally made showed that there were cast at said election 3,601 valid and legal votes, and that each of the candidates in said election received the following votes: FOR COUNCILMEMBER PLACE 3 Bob Bourbon 357 Brian R. Wade 665 FOR COUNCILMEMBER PLACE 4 Virginia S. Taddesse 132 David Terre 1,030 Kevin Braby 285 FOR COUNCILMEMBER PLACE 5 Perry Schrag Unopposed Candidate (Election Cancelled) FOR COUNCILMEMBER PLACE 6 Chris Patterson 313 Tonie L. Boaman 117 Joel Marks 470 Lee W. Ewing 46 Juan Martinez 186 WHEREAS,pursuant to Section 7.04 of Chapter VII of the Home Rule Charter of the City, in order to be declared elected, a candidate must receive a majority of the legal votes cast for the office or place for which such person is a candidate; and WHEREAS,no candidate for Councilmember Place 6 received a majority of the of the votes cast for such office or place; and WHEREAS, it is hereby found and determined by the City Council that it is necessary to hold a runoff election for the purpose of electing one council member for Places 6 and that it is in the best interest of the City and its citizens to hold such an election; and WHEREAS,pursuant to Section 7.05 of Chapter VII of the Home Rule Charter of the City and the Texas Election Code,the City is hereby authorized to call a runoff election between the two candidates receiving the highest number of votes; and such runoff election shall be held in accordance with state law. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Section 2. That it is further found and determined that the results of the election as canvassed and tabulated in the preamble reflect the expressed desires of the resident, qualified electors. Section 3. That the duly elected members of the City Council of the City of The Colony, Texas,elected November 4,2014,for City Council Places 3,4,and 5,and subject to the taking of the oaths as provided by the laws of the State of Texas, are as follows: Brian R. Wade, Councilmember Place 3 David Terre, Councilmember Place 4 Perry Schrag, Councilmember Place 5 Section 4. That no candidate received a majority of total votes cast for the office of Councilmember Place 6 and a runoff election between the two candidates receiving the highest number of votes cast for said office as tabulated and canvassed in the preambles hereof shall be held on the 9th day of December,2014, for the purpose of electing a Councilmember Place 6 to serve on the City Council. The two candidates for said runoff are: Names of Candidates Chris Patterson Joel Marks Section 5. That the runoff election shall be held on December 9, 2014, at the following location between the hours of 7:00 a.m. and 7:00 p.m.: ELECTION PRECINCTS City Council Place 6 located within the boundaries of Denton County Precincts 2012, 2023, 2024, and 2025. POLLING LOCATION Denton County Government Center, 6301 Main St., The Colony, Texas 75056 Section 6. That the Presiding Judge for each polling place shall appoint not less than two (2) or more than four (4) qualified election clerks to serve and assist in the conduct of the runoff election, provided that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. Section 7. As to early voting for said election,such early voting shall be conducted by the Denton County Elections Administrator,who is hereby appointed the Clerk for Early Voting,at the Denton County Government Center,6301 Main St.,The Colony,Texas. For the early voting period for said runoff election, the Clerk shall keep said office open for the early voting period in accordance with state law and according to the following schedule: Monday-Thursday, December 1-4, 8:00 a.m. to 5:00 p.m. Friday, December 5, 7:00 a.m. to 7:00 p.m. The early ballots for said election shall conform to the requirements of the Texas Election Code, as amended, and in so doing shall permit the voters to vote for one Councilmember Place 6. Section 8. The election materials for said runoff election shall be printed in both English and Spanish for use at the polling place during early voting and Election Day consistent with the Texas Election Code. Section 9. Notice of said runoff election shall be given by publishing at least one time before the election,provided,however, publication shall be as soon as practicable before the runoff election, in at least one daily newspaper published in the City and a copy of the notice shall also be filed with the City Secretary and another copy shall be posted a bulletin board in the office of the City Secretary, at least 15 days before the runoff election. Section 10. That the public importance of this measure and the fact that it is in the best interest of the City to declare the duly elected officers of the City at the earliest possible date for the immediate preservation of the public peace, property, health and safety of the City and its citizens creates an emergency and an imperative public necessity which requires that this Ordinance shall take effect and be in force from and after its final passage and approval, and it is accordingly so ordained. PASSED AND APPROVED this the 18th day of November 2014. Jye McCourr"Cayor ATTEST. , , • Christie Wilson, TRMC, City Secretary ;;;, c;‘• 1 i-ie. '''. .•`%‘•1\ . ' APPROVED AS TO FORM: (. ...'' •.‹. ,._, h:: ) p-t.. 1:_,11--t. • : ,. .. • ., , _ •• Jeffibloo e, City Attorney --., •.............. ,,,, ( . „-