HomeMy WebLinkAboutOrdinance No. 640 CITY OF THE COLONY. TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, CANVASSING THE RETURNS
AND DECLARING THE RESULTS OF A RUN-OFF
ELECTION HELD IN SAID CITY ON THE 19TH DAY OF
MAY, 1990, FOR THE PURPOSE OF ELECTING
COUNCILMEMBERS FOR SAID CITY; 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 May 19, 1990, to elect two Councilmembers for said
City; and
WHEREAS, notice of election was actually given as
required by law; and
WHEREAS, said election was duly and legally held on May
19, 1990, in conformity with the election laws of the State of
Texas, and the results of said election have been certified and
returned by the property judges and clerks thereof; and
WHEREAS, the election returns duly and legally made
showed that there were cast at said election 484 valid and legal
votes, and that each of the candidates in sa i~election received
the following votes:
FOR COUNCILMAN PLACE 5
Kathy Phillips 131
Lou Gomez
FOR COUNCILMAN PLACE 6
Joel Marks 127
Julia Warren 95
WHEREAS, pursuant to Section 7.04 of Chapter Vll 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 one candidate in Place 5 received a
majority of the votes cast; pursuant to Section 2.028 of the
Texas Election Law; when the candidates in a runoff election tie,
they shall cast lots to determine the winner.
WHEREAS, the candidates in Place 5 both received One
Hundred Thirty-one votes, constituting a tie, the candidates did
cast lots, with the Presiding Officer of the final canvassing
authority supervising the casting of lots.
WHEREAS, this casting of lots was witnessed by personally
selected representatives of each candidate, to-wit: Margo
Overfelt for candidate Kathy Phillips and Tom Bogan for candidate
Lou Gomez; and Staff witnesses being City Secretary, Patti Hicks
- City Manager, Bill Hall - Chief of Police, N. C. Ristagno.
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 to this
Ordinance are hereby repealed and incorporated herein as due,
proper and formal findings and determinations
Council. of the City
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 May 19, 1990,
for Councilmember Place 5 and Councilmember Place 6, and subject
to the taking of the oaths as provided by the laws of the State
of Texas, are as follows:
Councilmember Place 5
Lou Gomez
Councilmember Place 6
Joel Marks
Section 4. 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 21st day May, 1990.
~P~tti A. ~,
City Secretary
APPROVED AS TO FORM:
~ity Attorney