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Item 4N CITY OF Item 4N SOUTHLAK- MEMORANDUM March 24, 2016 To: Shana Yelverton, City Manager From: Lori Payne, City Secretary Subject: Resolution No. 16-010, Cancel the May 7, 2016 General Election Action Requested: Approve Resolution No. 16-010, to cancel the May 7, 2016 General Election. 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 a three-year term 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. If no election is to be held on Election Day by the political subdivision, a copy of the order or ordinance shall be posted on election day at each polling place used or that would have been used in the election. Council's action on this agenda item will official cancel the May 7, 2016 General Election. 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. 16-010 Staff Recommendation: Approve Resolution No. 16-010 RESOLUTION NO. 16-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CANCELING THE MAY 7, 2016 GENERAL ELECTION AND DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; 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 General Election of May 7, 2016 for the purpose of electing three City Council members to serve on the City Council in Places 3, 4 and 5; and, WHEREAS, the filing deadlines for placement on the ballot and declaration of write-in candidacy have passed; and, WHEREAS, the City Secretary has certified in writing to the Governing Body that each candidate on the ballot is unopposed for election to office; and, WHEREAS, in these circumstances Subchapter C of Chapter 2 of the Election Code authorizes a governing body to declare each unopposed candidate elected to office and to cancel the election. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. The following candidates, who are unopposed in the May 7, 2016 General Election, are hereby elected to office, and shall be issued certificates of election following the time the election would have been canvassed: City Council, Place 3 Chad M. Patton City Council, Place 4 Randy Williamson City Council, Place 5 John R. Huffman Section 2. The May 7, 2016 General Election is canceled, and the City Secretary is directed to post a copy of this order on May 7, 2016, at each polling place that would have been used in the election. Section 3. 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