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HomeMy WebLinkAboutOrdinance No. 931 ORIGINAL CITY OF THE COLONY, TEXAS OROINANCE SO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN SAID CITY ON THE 4TH DAY OF MAY, 1996, FOR THE PURPOSE OF ELECTING FOUR 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 4, 1996, to elect four 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 4, 1996, 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 ~9 valid and legal votes, and that each of the candidates in said election received the following votes: FOR COUNCILMAN PLACE 3 David Stanwick 69 FOR COUNCILMAN PLACE 4 Mike Tmitt 51 Gerald Odum 47 Wilma Avey 101 David McCreary 65 FOR COUNCILMAN PLACE 5 John Dillard 86 FOR COUNCILMAN PLACE 6 Wayne A. Bullard 44 Darrell Pope 25 Dave Kovatch 71 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 Place 4 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 Councilmember for Place 4, 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 hereby 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 within fourteen (14) days 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 to this Ordinance are hereby repealed 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 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 4, 1996, for Councilmember Place 3, Councilmember Place 4, 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 3 David Stanwick Councilmember Place 5 John Dillard Councilmember Place 6 David Kovatch Section 4. That no candidate received a majority of total votes cast for the office or place of Councilmember Place 4 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 18th day of May, 1996, for the purpose of electing a Councilmember to serve on the City Council, to wit: Names of Candidates Office or Place David McCreary Council Place 4 Wilma Avey Council Place 4 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 7:00 o'clock a.m. and 7:00 o'clock p.m.: DENTON COUNTY ELECTION PRECINCTS POLLING PLACES 110, 117, 119 Denton County Government Center 6301 Main Street Section 6. That the following are appointed as Election Judges: PRESIDING PRESIDING ALTERNATE POLLING PLACES JUDGE JUDGE Government Center Regina Carpenter Doris Mills EARLY VOTING BALLOT BOARD JUDGE Regina Carpenter That presiding Judge for each polling place shall appoint not less than two (2) nor 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. 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 run6ff 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 Candidate/Officeholder Sworn Statement of Contributions and Expenditures, as provided by the laws of the State of Texas with the Mayor and the City Secretary. Section 10. As to early voting for said election, paper ballots shall be used, and such early voting shall be conducted by the City Secretary, who is hereby appointed the Clerk for Early Voting, at the City Secretary's Office at City Hall, City of The Colony, Texas. For the period early voting for said runoff election is permitted by law, the Clerk shall keep said office open for early voting for at least eight (8) hours of each day except Saturday, Sunday and official State holidays beginning as soon as practicable after the main election and continuing through the 4th day preceding the date of said runoff election. For the purpose of additional early voting the Clerk shall keep said office open on Saturday, May 11, 1996 from 8:00 a.m. to 12:00 Noon. The early voting 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 4. Each elector shall place an "X" in the space provided beside each candidate's name that he/she wishes to vote for, provided, however, that no elector shall vote for more than one (1) candidate for Councilmember in each Place. 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 early voting for said runoff election. Section 12. Notice of said runoff election shall be given by publishing 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 Secretary, at least 10 days before the runoff election. Section 13. 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 6th day of May, 1996. ATrEST: William W. Mannin~ Patti A. Hicks, City Secretary APPROVED AS TO FORM: City Attorney