The URL can be used to link to this page

Home My WebLink AboutORD 2004-23 - Canceling General ElectionORDINANCE N• r AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, CANCELING THE ELECTION OF THE UNOPPOSED CANDIDATES FOR THE POSITIONS OF COUNCIL MEMBER FOR DISTRICTS 3 AND 4 AND DECLARING THE UNOPPOSED CANDIDATES ELECTED TO OFFICE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown is a home rule municipality, located in Williamson County, created in accordance with the provisions of the Local Government Code, and operating pursuant to its Charter and the laws of the State of Texas; and WHEREAS, in accordance with state law, a general election has been ordered for May 15, 2004, for the purpose of electing council members for Districts 3, 4, and 7 on the Georgetown City Council; and WHEREAS, no proposition or at -large issue is to appear on the ballot in that election; and WHEREAS, the City Secretary has certified in writing that only one candidate has filed an application for a position on the ballot in each of Districts 3 and 4; and WHEREAS, the filing deadlines for placement on the ballot and declaration of write-in candidacy have passed; and WHEREAS, in these circumstances, the Texas Election Code authorizes a governing body to declare the unopposed candidates elected to office and cancel the election for those positions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1: The facts and recitations contained in the preamble of this ordinance are hereby found and d eclared to b e true a nd correct, a nd a re i ncorporated by reference herein and expressly made a part hereof as if copied verbatim. SECTION 2: The City Council has found that this action implements Governmental Affairs Focus End 15.01 of the Century Plan - Policy Plan Element, which states: "All citizens actively participate in governmental functions;" and has found that this action is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 3: The City Secretary has certified that the following two candidates are unopposed for election to the office of City Council Member for the following two single - member districts: Doug Smith, City Council Member for District 3 Henry Carr, City Council Member for District 4 Election for Districts 3 and 4 The City Secretary has further certified that the deadline for filing a "Declaration of Write - In Candidacy" has passed and that the above-mentioned individuals are not opposed by any write-in candidates. (See Attachment "A"— "Certification of City Secretary") SECTION 4: For the reasons stated herein, and as authorized by the Texas Election Code, the City Council of the City of Georgetown hereby cancels the May 15, 2004 election for Council Member Districts 3 and 4. SECTION 5: The following candidates, who are unopposed in the May 15, 2004 General Election, are hereby declared elected to office, and shall be issued a certificate of election at the Regular Council Meeting to be held on Tuesday, May 25, 2004: Doug Smith, City Council Member for District 3 Henry Carr, City Council Member for District 4 SECTION 6. Nothing in this ordinance shall cause the election for Council Member for District 7 to be cancelled, and the election for Council Member for District 7 shall proceed on May 15, 2004 in accordance with the previously adopted orders and resolutions of the City Council and with all applicable state laws. SECTION 7 . The Mayor is hereby authorized to sign an "Order of Cancellation," the form of which is attached hereto, and the City Secretary is hereby directed to post such Order of Cancellation on Election Day at each polling place that would have been used in the election for candidates from Districts 3 and 4. (See Attachment `B" — Order of Cancellation") SECTION 8. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of the City Charter. PASSED AND APPROVED ON FIRST READING on the 23`d day of March, 2004, PASSED AND APPROVED on SECOND READING on the 13th day of April, 2004. THE CITY OF GEORGETOWN: as to form: 1 Patricia E. Carls, City Attorney Ordinance No. a as Canceling May 15, 2004 Election for Districts 3 and 4 Page 2 of 2 Attest: F Sandra Lee, City Secretary .,:. CITY OF .... .,' Fauvo�o:ni r843 March 23, 2004 Honorable Mayor and Councilmembers City of Georgetown Dear Mayor and Council, Ex hi if eo As required by Sec. 2.052 of the Texas Election Code, as the authority responsible for having the official ballot prepared, I hereby certify that the candidates who filed for the Offices of Councilmember for City of Georgetown Single Member Districts 3 and 4, in the upcoming General Election on Saturday, May 15, 2004, are unopposed for election to office. The only candidate for the position of Councilmember for Single -Member District 3 is Doug Smith. The only candidate for the position of Councilmember for Single -Member District 4 is Henry Carr. There were no declared write-in candidates for any of the three single -member districts scheduled for election this year. Per Sec. 2.053 of the Texas Election Code, upon receipt of this certification, as the governing body of the City of Georgetown, you may, by ordinance declare that the unopposed- candidates, Doug Smith and Henry Carr, are elected to office.. If that declaration is made, the election for those offices will not be held. A copy of the ordinance shall be posted on Election Day at each polling place that would have been used for the election, and a certificate of election shall be issued to Doug Smith and Henry Carr in the same manner as provided for the other candidate who will be elected on Election Day, May 15, 2004. Statements of elected officers will be collected from Doug Smith and Henry Carr before each councilmember can be sworn into office. The swearing-in ceremony, is scheduled to take place at the Regular Council Meeting on Tuesday, May 25, 2004, at 6:00 p.m. in the Council Chamber. Please do not hesitate to contact me should you have any questions regarding the procedures as stated above. Sincerely, Sandra D. Lee City Secretary cc: Paul Brandenburg, City Manager Trish Carls, City Attorney ORI), Exh # * a8 CITY HALL ° 1 13 EAST STH STREET POST OFFICE BOX 409 ° GEORGETOWN, TEXAS 78627-0409 ,° 512/930-3652 ! FAX: 51 2/930-3612 ORDER OF CANCELLATION EJEMPLO DE ORDENDE CANCELACION The City Council of the City of Georgetown, Texas hereby cancels the election scheduled to be held on Saturday, May 15, 2004, in accordance with Section 2.053(a) of the Texas Election Code. The following candidates have been certified as unopposed and are hereby elected as follows: El consejeros municipales de Georgetown, Texas por la presente cancela la eleccion que, de to contrario, se hubiera celebrado el 15 de mayo de 2004 de conforinidad, con la Section 2.053(a) del Codigo de Elecciones de Texas. Los siguientes candidatos lean sido certificados como candidatos unicos y por la presente guedan elegidos como se haya indicado a continuation: Candidate (Candidato) Office Sought (Cargo al que presenta candidatura) Doug Smith Councilmember for District 3 (consejero de numero 3) Henry Carr Councilmember for District 4 (consejero de numero 4) A copy of this order will be posted on Election Day at each polling place that would have been used in the election. El Dia de Elecciones se exhibira una copia de esta orden en todas las inesas electroales que se hubieran utilizado en la eleccion. 2 zAar-� Gary on Mayor (Alcalde) �ianara ll. Lee City Secretary (Secretario de ciudad) (seal) (sello) Date of adoption (Fecha de adoption)