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Item 4J - MemoCITY OF SOUTH LAKE MEMORANDUM February 22, 2022 To: Shana Yelverton, City Manager From: Amy Shelley, City Secretary Item 4.1 Subject: Resolution No. 22-009, Cancelling the May 7, 2022 General Election Action Requested: Approve Resolution No. 22-009, Cancelling the May 7, 2022 General Election. Background Information: On February 1, 2022, the City Council approved Resolution No. 22- 004, ordering the May 7, 2022 General Election to determine the positions of City Council Place 3, Place 4, and Place 5. The filing period for the 2022 General Election began January 19, 2022 and ended February 18, 2022. The City Secretary received one application each for Council Place 3, Place 4, and Place 5. These actions result in an uncontested election. The Election Code provides for the authority of the Governing Body to cancel an election if the candidates in each race are unopposed. 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, 2022. The certification shall be delivered to the Governing Body as soon as possible after the filing deadlines occur. Upon receipt of the City Secretary's certification, the Council may declare each unopposed candidate elected to office and may cancel the election. Resolution No. 22-009 (Item 4J) is the official order cancelling the May 7, 2022 General Election. A copy of this resolution shall be posted on Election Day at the polling location. Council's action on this agenda item will officially cancel the May 7, 2022 General Election. Financial Considerations: Funds for elections are included in the City Secretary's Office budget. 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. 22-009 Staff Recommendation: Approve Resolution No. 22-009 RESOLUTION NO. 22-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CANCELLING THE MAY 7, 2022 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 84t" 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. 22-004, Calling the General Election of May 7, 2022 for the purpose of electing City Council Place 3, Place 4, and Place 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, 2022 General Election, are hereby elected to office, and shall be issued Certificates of Election following the time the election would have been canvassed: Office Candidate Term City Council, Place 3 Shawn McCaskill Three years City Council, Place 4 Ronell Smith Three years City Council, Place 5 Amy Torres-Lepp Three years Section 2. The May 7, 2022 General Election is cancelled, and the City Secretary is directed to post a copy of this order on May 7, 2022, 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 2022. CITY OF SOUTHLAKE, TEXAS John Huffman Mayor ATTEST: Amy Shelley, TRMC City Secretary