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Item 4GCITY OF SOUTHLAK- MEMORANDUM March 11, 2015 To: Shana Yelverton, City Manager From: Lori Payne, City Secretary Item 4G Subject: Resolution No. 15-022, Cancel the May 9, 2015 Special Election and accept the Certification of Unopposed Candidates Action Requested: Approve Resolution No. 15-022, Cancel the May 9, 2015 Special Election and accept the Certification of Unopposed Candidates Background Information: On February 17, 2015, the City Council approved Resolution No. 15-009 to call the May 9, 2015 General and Special elections. A Special Election was called for Place 5 due to the resignation of Laura Hill. Place 5 has an unexpired term which expires in May 2016. Once the Special Election was called, the filing period began on February 18, 2015 and concluded at 5.00 p.m. on March 9, 2015. The city secretary received one application for Place 5 from John Huffman. As the authority responsible for having the official ballot prepared, the city secretary shall certify to the presiding officer of the Governing Body that the candidate is unopposed for the election scheduled to be held on May 9, 2015. Following receipt of certification and pursuant to Subchapter C of Chapter 2 of the Election Code, the Council may declare the unopposed candidate elected to office. According to the Code, the ballots used at a separate election held at the same time as an election that would have been held if the candidates were not declared elected under this section shall include the offices and names of the candidates declared elected under this section listed separately after the measures or contested races in the separate election under the heading "Unopposed Candidates Declared Elected." The candidates shall be grouped in the same relative order prescribed for the ballot generally. No votes are cast in connection with the candidates. As stated in Section 2.053(e) of the Texas Election Code, a certificate of election shall be issued to each candidate in the same manner and at the same time as provided for a candidate elected at the election. The candidate must qualify for the office in the same manner as provided for a candidate elected at the election. Financial Considerations: Funds for elections are included in the City Secretary's Office budget Strategic Link: 134: 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. 15-022 Certification of Unopposed Candidates Staff Recommendation: Approve Resolution No. 15-022 RESOLUTION NO. 15-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CANCELING THE MAY 9, 2015 SPECIAL ELECTION; ACCEPTING THE CERTIFICATION OF UNOPPOSED CANDIDATES; 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 83rd Texas Legislature, establishes the second Saturday in May as a Uniform Election Date for the purposes of conducting a Special Election; and, WHEREAS, Section 3.004(a)(3) 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. 15-009, calling the Special Election of May 9, 2015 for the purpose of electing a City Council member to serve on the City Council in the unexpired term for 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 that the 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 the 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 candidate, who is unopposed in the May 9, 2015 Special Election, is hereby elected to office, and shall be issued a certificate of election following the time the election would have been canvassed: Place 5 John Huffman Section 2. The May 9, 2015 Special Election is canceled, and the City Secretary is directed to post a copy of this order on May 9, 2015, 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 17t" day of March, 2015. CITY OF SOUTHLAKE, TEXAS Mayor John C. Terrell ATTEST: Lori Payne City Secretary CERTIFICATION OF UNOPPOSED CANDIDATES FOR OTHER POLITICAL SUBDIVISIONS (NOT COUNTY) CERTIFICAC16N DE CANDIDATOS UNICOS PARR OTRAS SUBDIVISIONES POLITICAS (NO EL CONDADO) To: Presiding Officer of Governing Body Al. Presidente de la entidad gobemante As the authority responsible for having the official ballot prepared, I hereby certify that the following candidates are unopposed for election to office for the election scheduled to be on May 9, 2015. Como autoridad a cargo de la preparacion de la boleta de votacion oficial, por la presente certifico que los siguientes candidatos son candidatos unicos para eleccion para un cargo en la eleccion que se Ilevara a Cabo el 9 de mayo de 2015. List offices and names of candidates: Lista de cargos y nombres de los candidatos: Office(s) Cargo(s) Council member, Place 5 (Concejal,. Lugar 5) Jat.t Pae.,� Signature (Firm Lo c, &6 Printed name ( ombre en letra de molde) CAhlGer-Ttia Title (Pue to) 3-10-(5- Date of signing (Fecha de firma) Candidate(s) Candidato(s) John Huffman %%W111errrr," ` P rff p'•`vCdiN'J \J�O�