Loading...
HomeMy WebLinkAboutOrdinance No. 03-1463 CITY OF THE COLONY, TEXAS om)INANCE 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 17TH DAY OF MAY 2003, FOR THE PURPOSE OF ELECTING ONE MAYOR FOR SAID CITY; DECLARING A VACANCY IN THE OFFICE OF MAYOR; ORDERING A SPECIAL ELECTION TO BE HELD IN SAID CITY ON THE 2~DDAY OF AUGUST 2003 FOR THE PURPOSE OF FILLING SAID VACANCY; 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 17, 2003, to elect one mayor 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 17, 2003, 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 2114 valid and legal votes, and that each of the candidates for mayor in said election received the following votes: FOR MAYOR Bernetta Henville-Shannon 1079 (Declared ineligible) John Dillard 1027 WHEREAS, Bernetta Henville-Shannon, candidate for the office of mayor was declared ineligible pursuant to Sec. 141.001 (a)(4) and Sec. 145.003 (d) of the Texas Election Code (See Attachment "A") and a vacancy is hereby declared in the office of mayor; WHEREAS, it is hereby found and determined by the City Council that it is necessary to hold a special election for the purpose of filling said vacancy in the office of mayor and that it is in the best interest of the City and its citizens to hold such an election; and WHEREAS, pursuant to Section 2.06 of the Home Rule Charter of the City and Sec. 201.051 the Texas Election Code, the City is hereby authorized to call a special election; and WHEREAS, pursuant to Section 2.06 of the Home Rule Charter of the City, the special election shall be called within sixty (60) days of the date of the vacancy and Article 11, Sec. 11 (b) requires the special election to be held within one hundred and twenty (120) days after such vacancy occurs. 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 true and are incorporated herein as due, proper and £ormal findings and determinations o£ the City Council. Section 2. That it is further found and determined that one candidate for mayor in the run-off election held on May 17, 2003 was declared ineligible and a vacancy is hereby declared in the office of mayor. Section 3. That a special election to fill the vacancy in the office of mayor shall be held on the 2nd day of August 2003. Section 4. That the special election shall be held at the following location, said location being the place designated by law as the voting place on the date hereinabove mentioned for the special 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 109/222 The Dick Weaver Senior Citizens Center 201,202, 219, 221 6301B Main Street 231,232, 233 Section 5. That the following are appointed as Election Judges: PRESIDING ALTERNATE JUDGE JUDGE Regina Carpenter Pam Sewell EARLY BALLOT BOARD JUDGE Regina Carpenter That presiding Judge shall appoint not less than two (2) nor more than four (4) qualified election clerks to serve and assist in the conduct of the special election, provided that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. Section 6. That by approving and signing this Ordinance, the Mayor Pro-tem of the City of The Colony, Texas officially confirms this appointment of the aforesaid election officers to serve at said special election; and by passing this Ordinance, the City Council of said City approves and concurs in the appointment of the aforesaid election officers. 2 Section 7. That voting at and on the date of said special election shall be by optical scan 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 8. As to early voting for said election, optical scan 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 special 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 Sunday and official State holidays beginning July 16, 2003 and continuing through the 4th day preceding the date of said special election. For the purpose of additional early voting the Clerk shall keep said office open on Saturday, July 26, 2003 from 8:00 a.m. to 5:00 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 mayor. Each elector shall complete the arrow 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 mayor. Section 9. The election materials enumerated in the Texas 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 special election. Section 10. Notice of said special election shall be given by publishing at least one time, not more that twenty-five (25) days before the 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 10 days before the special election. Section 11. 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 _~/~day of o~L,o.~. 2003. Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: 'City Atto~ 3 I am proud of this City and I am proud of the job Mayor Henville- Shannon has done. She has done a wonderful job and it is truly unfortunate that these events have happened. I am compelled to research and follow the law in all matters. So it is with a sad heart that I must, based on the legal advise and documentation presented to me, enter the determination for purposes of canvassing the Mayoral election, that Mrs. Henville- Shannon is NOT an eligible candidate. A vacancy is declared in the office of Mayor for the 2003 to 2006 term. Under The Colony City Charter, Section 2. 06 Filling of vacancies, ... an election to fill such vacancy shall be called no later than 60 dal2s of the occurrence of the vacancy... Details of the special election will be available from the City Secretary. This always has been and will continue to be a wonderful community in which to live. Mayor Pro-Tem,'The Colony ORIGINAL DECLARATION OF INELIGIBITY Section 141.001 (a)(4) of the Texas Election Code states that a person is not_eligible to be a candidate for, or be elected to or appointed to any public office in Texas i~the person has been convicted of a felony unless the person has been either pardoned or otherwise released from resulting disabilities. I, Joe McCourry, Mayor Pro-tern of the City of The Colony, Texas, pursuant to Section 141.001 (a)(4) of the Texas Election Code, do hereby find Bemetta Henville-Shannon ineligible to hold public office in the State of Texas. Signed and sealed this 2na day of June 2003. ORIGINAL