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13 Declare the unopposed candidates in council districts 1 and 3CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 03/26/2008 City Clerk Janice Ellis 13. Council Date: 04/14/08 RECOMMENDED MOTION: Declare the unopposed candidates in council districts 1 and 3 for the May 10, 2008 general election to office; determining that no election be held in districts 1 and 3; and directing that a certificate of election be issued to unopposed candidates. POLICY ISSUE(S~: Council Election BACKGROUND: Joe McCarthy, candidate for District 1 and Jesse James Freelen, candidate for District 3 are running in the respective districts for a position as council member. Both candidates are unopposed and no write-in candidates have been declared. Section 2.051 of the Texas Election Code authorizes the Council to cancel an election if a candidate is unopposed. BOARD~COMMISSION RECOMMENDATION: EXHIBITS: Proposed ordinance and certification of unopposed candidates ACTION: BUDGET INFO: ^ Financial Report ^ Minute Order Expense $ ^ Department Report ^ Resolution Budgeted Amt. $ ^ Presentation ®Ordinance YTD Actual $ ^ Public Hearing ^ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ®Administration ®City Clerk ^ Community Development ^ EMS/IT ^ Finance ^ Fire ^ Municipal Court ®Legal ^ Library ^ Police ^ Eng./Public Works ^ Utilities City of Paris 9~ ~ Revised 2/04/08 DRAFT attorney\ordwork\current\Unopposed Candidate Ord 2008 March 28, 2008 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PARIS, TEXAS, DECLARING UNOPPOSED CANDIDATES IN CITY COUNCIL DISTRICTS 1 AND 3 FOR THE MAY 10, 2008, GENERAL ELECTION AND THAT THE CANDIDATES BE ELECTED TO OFFICE; DETERMINING THAT NO ELECTION BE HELD IN DISTRICTS 1 AND 3; DIRECTING THAT A COPY OF THIS ORDINANCE BE POSTED AT APPROPRIATE POLLING PLACES; DIRECTING THAT CERTIFICATES OF ELECTION BE ISSUED TO THE UNOPPOSED CANDIDATES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 28th day of January, 2008, by in Resolution No. 2008-006, order the regular municipal election for the City of Paris to he held on the 10th day of May 2008, by the qualified voters in Districts 1, and 3 of the City of Paris; and, WHEREAS, the City Clerk, Janice Ellis, being the authority responsible for having the official ballot prepared, has certified, in writing, that the candidates for City Council Districts 1, and 3 are unopposed for election to office with no write-in candidates being declared and that there are no propositions to appear on the ballot; and, WHEREAS, under the authority granted in V.T.C.A., Election Code, Section 2.053, it is deemed appropriate that the candidates for Districts 1, and 3 be declared elected to office and that no elections beheld in those Districts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That, for the May 10, 2008, general election, the candidates for Districts 1, Joe McCarthy and 3, Jesse James Freelen, having been certified by the City Clerk as being unopposed for election to office with no write-in candidates being declared, be, and they are hereby, declared elected to office, which term shall begin on May 10, 2008. Section 3. That, in accordance with V.T.C.A., Election Code, Section 2.053, and because there are no propositions to appear on the ballot, it is hereby determined that no elections be held in Districts 1, and 3. 92 Section 4. That the City Clerk be, and she is hereby, directed to post a copy of this Ordinance on election day at the polling place that would have been used in the election. Section 5. That a certificate of election shall be issued to the candidate in the same manner as provided for a candidate elected at the election. Section 6. That this ordinance shall become effective on Apri114, 2008. PASSED AND ADOPTED this 14th day of April 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 93 CERTIFICATION OF UNOPPOSED CANDIDATES I, Janice Ellis, certify that I am the city clerk for the City of Paris, Texas, and the authority responsible for preparing the ballot for the May 10, 2008, city 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: Joe McCarthy -District 1 Jesse James Freelen -District 3 Dated this 26`h day of March, 2008. anice Ellis, City Clerk City of Paris, Texas -~ 9 4