Loading...
HomeMy WebLinkAboutOrdinance No. 06-1657 CITY OF THE COLONY, TEXAS ORDINANCE NO. 06- 1657 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 13th DAY OF MAY 2006, FOR THE PURPOSE OF ELECTING ONE MAYOR AND TWO 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 13, 2006, to elect one mayor and two Counci1members 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 13, 2006, in conformity with the election laws ofthe 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 908 valid and legal votes, and that each of the candidates in said election received the following votes: FOR MAYOR John Dillard 630 FOR COUNCILMEMBER PLACE 1 Allen Harris 479 Noel Long 150 Bill Harrison 215 FOR COUNCILMEMBER PLACE 2 Mike Lynch 154 Bill Longo 156 1 Jeff Connelly 184 John S. Marshall 368 Duane A. Sanders 16 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, the candidate for Mayor was unopposed, and one candidate for council member Place 1 did receive a majority of votes in that race; and WHEREAS, no candidate for council member Place 2 received a majority ofthe 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 a council member for 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 the Texas Election Code, the City is hereby authorized to call a runoff election; and WHEREAS, pursuant to the Texas Election Code Section 2.025, the runoff election shall be held not earlier than the 20th day and not later than the 45th day after the canvas 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 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 ofthe City Council ofthe City of The Colony, Texas, elected May 13, 2006 for Mayor and Place 1 and subject to the taking and signing ofthe oaths as provided by the laws of the State of Texas, are as follows: 2 ---.-.- Mayor John Dillard Counci1member Place 1 Allen Harris Section 4. That no candidate received a majority of total votes cast for the office or place of Counci1member 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 17th day of June 2006, for the purpose of electing a counci1member Place 2 to serve on the City Council, to wit: Names of Candidates Office or Place Jeff Connelly Counci1member Place 2 John S. Marshall Counci1member 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 :00 o'clock a.m. and 7:00 o'clock p.m.: DENTON COUNTY ELECTION PRECINCTS POLLING PLACES 109,222,201,202,219, City Hall 221,231,232,233 6800 Main Section 6. That the following are appointed as Election Judges: PRESIDING PRESIDING ALTERNATE POLLING PLACES JUDGE JUDGE City Hall Regina Carpenter Pam Sewell EARLY 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. 3 Section 7. That by approving and signing this Ordinance, the Mayor ofthe City of The Colony, Texas officially confirms this appointment ofthe 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 optical scan ballot and disabled access unit 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. Person's whose names shall be placed on the ballot as a candidate shall file his Candidate/Officeholder Sworn Statement of Contributions and Expenditures, as provided by Sec. 254.064 (e) of the Texas Election Code with the City Secretary. Section 10. As to early voting for said election, optical scan ballots and direct access units 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 Sunday and official State holidays beginning June 5, 2006, the lih day before the said runoff election date, and continuing through June 13, 2006, 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, June 10,2006 from 8:00 a.m. to 5:00 p.m. Early voting times will also be extended on June 6th and June 8, 2006 from 7 a.m. to 7 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 counci1member in Place 2. Each elector shall fill in the box beside one candidate's name that he/she wishes to vote for. Section 11. 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 runoff election. Section 12. Notice of said runoff election shall be given by publishing at least one time in accordance with the state Election Code, 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 21 days before the runoff election. Section 13. That the public importance ofthis measure and the fact that it is in the best interest ofthe City to declare the duly elected officers ofthe 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. 4 PASSED AND APPROVED this the 22nd day of May 2006. ATl1 r _~ P- Cu J:w, Christie Wilson, TRMC, City Secretary 5 - .