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Item 4CMEMORANDUM To: Shana Yelverton, City Manager From: Lori A. Farwell, City Secretary Subject: Ordinance No. 906, 1 5t Reading, to cancel the May 12, 2007, General Election and to declare each unopposed candidate elected to office; and providing an effective date. Action Requested: Approval of Ordinance No. 906, 1 St Reading Background Information: 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. Since the three candidates were unopposed and there were no write -in candidates, Council may cancel the May 12 General Election. Financial Considerations: Savings of approximately $7,000 in the City Secretary's Office election budget Citizen Input/ Board Review: None Legal Review: standard ordinance that received previous attorney review Supporting Documents: Ordinance No. 906 Certification of unopposed candidates Staff Recommendation: Approval of Ordinance No. 906, 1" Reading Staff Contact: Lori A. Farwell, City Secretary ORDINANCE NO. 906 AN ORDINANCE CANCELING THE MAY 12, 2007, GENERAL ELECTION AND DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas, is a hone 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, in accordance with law, a general election has been ordered for May 12, 2007, for the purpose of electing three City Councilmembers to serve on the City Council of the City of Southlake; and, WHEREAS, no proposition is to appear on the ballot in that election; and, WHEREAS, the City Secretary has certified in writing that each candidate on the ballot is unopposed for election to office; and, WHEREAS, the filing deadlines for placement on the ballot and declaration of write -in candidacy have passed; 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. The following candidates, who are unopposed in the May 12, 2007, general election, are hereby declared elected to office, and shall be issued certificates of election following the time the election would have been canvassed: Place 3: John Terrell Place 4: Gregory Jones Place 5: Virginia M. Muzyka SECTION 2. The May 12, 2007, general city election is canceled, and the City Secretary is directed to post a copy of this ordinance on May 12, 2007, at each polling place that would have been used in the election. SECTION 3. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS 33 DAY OF APRIL 2007. ATTEST: CITY SECRETARY yj� .�. PASSED AND APPROVED ON SECOND READING ON THIS 20" DAY OF APRIL 2007. ATTEST: CITY SECRETARY MAYOR APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY City of Southlake Ofte of Me City Secretary Date: March 20, 2007 CERTIFICATION OF UNOPPOSED CANDIDATES BY THE CITY SECRETARY I, Lori A. Farwell, certify that I am the city secretary of the City of Southlake, Texas, and the authority responsible for preparing the ballot for the May 12, 2007, General Election. I further certify that no proposition is to appear on the ballot at the election, no person has made a declaration of write -in candidacy, and all of the following candidates are unopposed: PLACE 3: JOHN TERRELL PLACE 4: GREGORY JONES PLACE 5: VIRGINIA M. MUZYKA . Lori A. Farwell City Secretary City of Southlake A. 1400 Main StmK Suite 270 • Southl t TX 78092 (817) 748 -8048 • www.d.souVVake ticus