19 Election
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By:
03/11/09 Agenda Item No.:
Council Date: City Clerk Janice Ellis
03/23/09 19.
RECOMMENDED MOTION:
Not an action item - first reading
POLICY ISSUE(S~:
Election
BACKGROUND:
Chapter 2 of the Texas Election Laws governs the election of unopposed candidates for political
subdivisions. In order to cancel an election in a district, the candidate must be unopposed and there
must be no proposition on the ballot. Candidates in Districts 4, 5 and 7 are unopposed and there is no
proposition on the ballot.
Pursuant to Section 2.053 of the Texas Election Laws, 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.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Ordinance and Certification of Unopposed Candidates
ACTION: BUDGET INFO:
❑ Financial Report ❑ Minute Order Expense $
❑ Department Report ❑ Resolution
❑ Presentation Budgeted Amt. $
® Ordinance YTD Actual $
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES.
REVIEWED AND APPROVED BY:
® Administration ® City Clerk ❑ Community Development 3' p ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ® Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
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attorney\ordwork\current\Unopposed Candidate OrdDRAFT2009
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PARIS, TEXAS, DECLARING UNOPPOSED
CANDIDATES IN CITY COUNCIL DISTRICTS 4, 5, AND 7 FOR THE MAY 9,
2009, GENERAL ELECTION BE ELECTED TO OFFICE; DETERMINING
THAT NO ELECTION BE HELD IN DISTRICTS 4, 5 AND 7; 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; PROVIDING A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of
February, 2009, in Resolution No. 2009-010, order the regular municipal election for the
City of Paris to he held on the 9th day of May 2009, by the qualified voters in Districts 4, 5
and 7 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 Districts 4, 5 and 7
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 4, 5 and 7 be declared elected to office
and that no elections be held 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 9, 2009, general election, the candidates for the
following Districts: District 4, Steve Brown; District 5, Will Biard and District 7, Rhonda
Rogers, 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 9, 2009.
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 4, 5, and 7.
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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 all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 7. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 8. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 9. Introduced and read on the first reading on March 23, 2009, at a
regular meeting of the City Council of the City of Paris and read and passed on second
reading on April 13, 2009, at a regular meeting of the City Council of the City of Paris; the
same being two (2) separate regular meetings of the City Council of the City of Paris.
Section 10. That this ordinance shall become effective from and after its passage
of the second reading and publication as required by law.
PASSED AND ADOPTED this 13th day of April 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
Certification of Unopposed Candidates
STATE OF TEXAS
COUNTY OF LAMAR
CITY OF PARIS
I, Janice Ellis, hereby certify that I am the duly appointed, qualified and acting City Clerk
of the City of Paris, Texas. I am responsible for having the official ballots prepared for the City
of Paris General Election to be held on May 9, 2009, for the purpose of electing Council
Members from District 4, 5 and 7.
I further certify that in accordance with the Texas Election Laws, Chapter 2, Subchapter
C - Election of Unopposed Candidate, Section 2.051and Section 2.052 Certification of
Unopposed Status, that Stephen Brown, Council Member for District 4; Will Biard, Council
Member for District 5; and Rhonda Rogers, Council Member for District 7, are unopposed with
no write-in candidates being declared, and no propositions are to appear on the ballot, which
allows for the cancellation of the election in District Numbers 4, 5 and 7, by ordinance of the
City Council.
In witness hereof, I have hereunto set my hand and affixed the official seal of said office
this the 17th day of March, 2009.
Janice Ellis, City Clerk
City of Paris, Texas
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