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Item 4DCITY OF SOUTHLAKE MEMORANDUM March 19, 2013 To: Shana Yelverton, City Manager From: Alicia Richardson, City Secretary Item 41) Subject: Resolution No. 13-015, Certify unopposed candidates for the May 11, 2013 General Election Action Requested: Approve Resolution No. 13-015, receive city secretary certification of unopposed candidates for the General Election for May 11, 2013. Background Information: The Council at their February 5, 2013 meeting approved Resolution No. 2013-004 that called the May 11, 2013 General Election. The 2013 General Election will 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 2016 or until their successors are duly elected and qualified. The filing period for the 2013 General Election began January 30, 2013 and concluded on March 1, 2013. The city secretary received one application for each place. As the authority responsible for having the official ballot prepared, the city secretary shall certify to the presiding officer of the Governing Body that candidates are unopposed for the election scheduled to be held on May 11, 2013. 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-4E—is the official order canceling the May 11, 2013 General Election. Financial Considerations: The City Secretary's Office budget for elections will realize a cost savings. Strategic Link: B4: Provide high quality customer service Citizen Input/ Board Review: None Legal Review: Resolution provided to legal counsel for review. Alternatives: None. Supporting Documents: Resolution No. 13-015 Staff Recommendation: Approve Resolution No. 13-015. RESOLUTION NO. 13-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, RECEIVING CITY SECRETARY'S CERTIFICATION OF UNOPPOSED CANDIDATES FOR THE MAY 11, 2013 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 82nd Texas Legislature, establishes the second 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. 13-004, calling the May 11, 2013 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 11,2013. Office Candidate Term Council member, Place 3 Brandon Bledsoe Three years Council member, Place 4 Randy Williamson Three years Council member, Place 5 Laura Hill 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. Submissions to the United States Justice Department. The City Secretary of the City of Southlake or her designee is authorized to make such submissions as are necessary to the United States Justice Department to seek pre- clearance for any changes in voting practices. Section 4. 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 5. Effective Date. This resolution shall be effective upon its adoption. PASSED AND APPROVED this 19th day of March, 2013. CITY OF SOUTHLAKE, TEXAS Mayor John Terrell ATTEST: Alicia Richardson City Secretary