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Item 4ECITY OF SOUTHLAKE MEMORANDUM March 19, 2013 To: Shana Yelverton, City Manager From: Alicia Richardson, City Secretary Item 4E Subject: Resolution No. 13-016, Cancel the May 11, 2013 General Election Action Requested: Approve Resolution No. 13-016, to cancel the May 11, 2013 General Election. 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. 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. 13-016 Staff Recommendation: Approve Resolution No. 13-016. RESOLUTION NO. 13-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CANCELING THE MAY 11, 2013 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 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 General Election of May 11, 2013 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 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 11, 2013 General Election, are hereby elected to office, and shall be issued certificates of election following the time the election would have been canvassed: Place 3 Brandon Bledsoe Place 4 Randy Williamson Place 5 Laura Hill Section 2. The May 11, 2013 General Election is canceled, and the City Secretary is directed to post a copy of this order on May 11, 2013, 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 19th day of March, 2013. CITY OF SOUTHLAKE, TEXAS Mayor John Terrell ATTEST: Alicia Richardson City Secretary