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Item 4M CITY OF Item 4M SOUTHLAK- MEMORANDUM March 24, 2016 To: Shana Yelverton, City Manager From: Lori Payne, City Secretary Subject: Resolution No. 16-009, Certify unopposed candidates for the May 7, 2016 General Election Action Requested: Approve Resolution No. 16-009, receive City Secretary certification of unopposed candidates for the General Election for May 7, 2016. Background Information: On February 2, 2016, the Council approved Resolution No. 16-005 to call the May 7, 2016 General Election. This election would determine the positions of City Council for Places 3, 4 and 5. These positions are elected for three-year terms and will expire in May 2019 or until their successors are duly elected and qualified. The filing period for the 2016 General Election began January 20, 2016 and concluded on February 19, 2016. The city secretary received one application for each place. The filing deadline for write-in candidates of March 23, 2016 has also passed. As the authority responsible for having the official ballot prepared, the City Secretary shall certify in writing that the candidates are unopposed for the election scheduled to be held on May 7, 2016. The certification shall be delivered to the Governing Body as soon as possible after the filing deadlines occur. Following receipt of certification and pursuant to subchapter C of Chapter 2 of the Election Code, the Council may declare each unopposed candidate elected to office. A companion item, Item 4N, is the official order canceling the May 7, 2016 General Election. Also pursuant to Subchapter C of Chapter 2 of the Election Code, a certificate of election shall be issued to each candidate in the same manner and at the same time as provided for a candidate elected at the election. Staff will establish a ceremony date to issue the oaths of office and certificates of election sometime following what would have been the election date of May 7, 2016. Financial Considerations: The City Secretary's Office budget for elections will realize a cost savings Strategic Link: Strategic Focus Areas: Partnerships & Volunteerism and Performance Management & Service Delivery Citizen Input/ Board Review: None Legal Review: Resolution was provided to legal counsel for review Alternatives: None Supporting Documents: Resolution No. 16-009 Staff Recommendation: Approve Resolution No. 16-009 RESOLUTION NO. 16-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, RECEIVING CITY SECRETARY'S CERTIFICATION OF UNOPPOSED CANDIDATES FOR THE MAY 7, 2016 GENERAL ELECTION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas ("City") is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and, WHEREAS, the City of Southlake Charter provides that City Elections shall be held in accordance with the laws of the State of Texas; and WHEREAS, Section 41 .001(a) of the Texas Election Code, as amended by the 84th Texas Legislature, establishes the first Saturday in May as a Uniform Election date for the purposes of conducting a General Election; and WHEREAS, Section 3.004(b) of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a General Election for the purposes of electing members to the governing body; and WHEREAS, the Council approved Resolution No. 16-005, calling the May 7, 2016 General Election; and WHEREAS, the authority responsible for having the official ballot prepared shall certify in writing that a candidate is unopposed for election to an office if, were the election held, only the votes cast for that candidate in the election for that office may be counted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. Certification of the City Secretary. As the authority responsible for having the official ballot prepared, the City Secretary hereby certifies that the following candidates are unopposed for election to office for the election scheduled to be held on May 7, 2016. Office Candidate Term City Council, Place 3 Chad M. Patton Three years City Council, Place 4 Randy Williamson Three years City Council, Place 5 John R. Huffman Three years Section 2. Posting of Canceled Election. Notice of the canceled election shall be given as required by Chapter 2 of the Election Code. Section 3. Necessary Actions. The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. Section 4. Effective Date. This resolution shall be effective upon its adoption. PASSED AND APPROVED this 1St day of March, 2016. CITY OF SOUTHLAKE, TEXAS Laura Hill Mayor ATTEST: Lori Payne City Secretary