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HomeMy WebLinkAboutOrdinance No. 332 CITY OF THE COLONY', TEXAS ORDINANCE NO. 00332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CANVASSING THE RETURNS AND DECLAR- ING THE RESULTS OF THE GENERAL ELECTION HELD APRIL 6, 1985, FOR THE PURPOSE OF ELECTING THE MAYOR AND TWO (2) COUNCILPERSONS, PLACE 1 AND PLACE 2, OF THE CITY OF THE COLONY, TEXAS, 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 April 6, 1985, to elect the Mayor and two (2) Councilpersons, Place 1 and Place 2, of the City; and WHEREAS, notice of election was actually given as required by law; and WHEREAS, the City Council has considered the returns of said election held April 6, 1985; and WHEREAS, said election was duly and legally held on April 6, 1985, 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 judges and clerks thereof; and WHEREAS, the election returns, duly and legally made, showed that there were cast at said election 1289 valid and legal votes, and that each of the candidates in said election received the following votes: FOR MAYOR Name of Candidate Total No. of Votes Received Nick Oprea 313 Fred Belcastro 104 Larry D. Sample 866 FOR COUNCILPERSON PLACE 1 Name of Candidate Total No. of Votes Received Wesley White 183 Rick Harris 8 4 2 Steve Jungman 191 FOR COUNCILPERSON PLACE 2 Name of Candidate Total No. of Votes Received Noel Long 4 8 3 Thomas Arrambide 346 Gary Herman 159 Ann Libbert 236 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. WHEREAS, no candidate for Co~incilman Place 2 , received a majority of the votes cast for such office or place; 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 Councilman Place 2 , 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 Article 1175, V.A.T.C.S., the City is authorized to call a runoff election; and WHEREAS, pursuant to Section 7.05 of Chapter VII of the Home Rule Charter of the City, the runoff election shall be held not less than thirty (30) nor more than sixty (60) days after the date of the general election in which no candidate received a majority of votes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That each and every one of the recitals, findings and determinations contained in the preamble of this Ordinance are hereby repeated and incorporated herein as due, proper and formal findings and determinations of the City Council. Section 2. That it is further found and determined that the results o'f 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 Counci! of the City of The Colony, Texas, elected April 6, 1985, for Mayor, Councilperson Place 1, and Councilperson Place 2, and subject to the taking of the oaths as provided by the laws of the State of Texas, are as follows: Mayor Larry D. Sample Councilperson Place I Rick Harris Councilperson Place 2 Section 4. That no candidate received a majority of total votes cast for the office or place of Councilman Place 2 and a runoff election between the two candidates receiving the highest number of votes cast for such office or place as tabulated and canvassed in the preambles hereof shall be held on the 11thday of May , 1985, for the purpose of electing a Councilman to serve on the City Council, to-wit: Names of Candidates Office or Place Noel Long Councilman Place 2 Thomas Arrambide Councilman Place 2 Section 5. That the runoff election shall be held at the following locations, said locations being the places designated by law as the voting places on the date hereinabove mentioned for the runoff election, in and throughout the City of The Colony, between the hours of 7:09 o'clock a.m. and 7:00 o'clock p.m.: -2- DENTON COUNTY CITY PRESIDING ELECTION PRECINCTS ELECTION PRECINCTS POLLING PLACES 2N and 2D 4 and 5 Peters Colony Elementary School 5101 Nash Drive The Colony, Texas 2B and 2C 6 and 3 Camey Elementary School 4949 Arbor Glen Rd. The Colony, Texas Section 6. That the following are appointed as Election Judges: PRESIDING PRESIDING ALTERNATE POLLING PLACES JUDGE JUDGE Peters Colony Elementary School Sherri Campbell Diane Kruzich 5101 Nash Drive The Colony, Texas Camey Elementary School Kay Einig Dee Cole 4949 Arbor Glen Rd. The Colony, Texas The presiding Judge for each polling place shall appoint not less than two (2) nor more than six (6) 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. That by approving and signing this Ordinance, the Mayor of the City of The Colony, Texas, officially confirms this appointment of the aforesaid election officers to serve at said runoff election; and by passing this Ordinance, the City Council of said City approves and concurs in the appointment of the aforesaid election officers. Section 8. That voting at and on the date of said runoff election shall be by paper ballot in accordance with the Texas Election Code, as amended, and said ballots shall be printed in accordance with the Texas Election Code, as amended. Section 9. No person's name shall be placed on the ballot as a candidate until such person has filed his sworn loyalty affidavit as provided by the laws of the State of Texas, with the Mayor and the City Secretary. Section 10. As to absentee voting for said runoff election, paper ballots shall be used, and such absentee voting shall be conducted by the City Secretary, who is hereby appointed the Clerk of Absentee Voting, at the City Secretary's office in the City Hall, 5576 North Colony, The Colony, Texas. For the period absentee voting for said runoff election is permitted by law, the Clerk shall keep said office open for absentee voting for at least eight (8) hours of each day except Saturday, Sunday and official State holidays beginning on the 20th day and continuing through the 4th day preceding the date of said runoff election. Said place of absentee voting shall remain open between the hours of 9:00 o'clock a.m. and 5:00 o'clock p.m. The absentee ballots for said runoff election shall conform to the requirements of the Texas Election Code, as amended, and in so doing shall permit the voters to vote for Citv Councilman Place ~ to serve on the City Council. E~ch elector shall place and "X" in the space provided beside each candidate's name that he wishes to vote for, provided, however, that no elector f'~ candidate for each office or {)lace. shall vote for more than one ~, ~ Section 11. The election materials enumerated in V.A.T.C.S. Election Code, art. 1.08a, shall be printed in both English and Spanish for use at the polling place and for absentee voting for said runoff election. Section 12. Notice of said runoff election shall be g'lven by publishing the notice at least one time, not more than twenty-five (25·days nor less than ten (10) days 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 on a bulletin board in the office of the City Secretry, at least 20 days before the runoff election. Section 13. That thc public importance of this measure and the fact that it is in the best interest of the City to dec]are 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 FINALLY this the 8th day of April, 1985. ~_ t Mayo~rx~/City of The Colony, T~-~as / ATTEST: Cit~e}2retary [SEAL] AS TO FORM: City Attorne}~~'~~ -4-