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13-ORDINANCE DECLARING UNOPPOSED CANDIDATECITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 03/30/11 Council Date: City Clerk Janice Ellis 13. 04/11/11 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 the general election in a district, the candidate must be unopposed. 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 Candidate ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ F-I Presentation Z Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Eng. ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Public Works ❑ Utilities City of Paris Revised 2/04/08 - 49 DRAFT ORDINANCE N0. AN ORDINANCE OF THE CITY OF PARIS, TEXAS, DECLARING AN UNOPPOSED CANDIDATE IN CITY COUNCIL DISTRICT 5 FOR THE MAY 14, 2011, GENERAL ELECTION BE ELECTED TO OFFICE; DETERMINING THAT NO GENERAL ELECTION BE HELD IN DISTRICT 5; DIRECTING THAT A COPY OF THIS ORDINANCE BE POSTED AT APPROPRIATE POLLING PLACE; DIRECTING THAT A CERTIFICATE OF ELECTION BE ISSUED TO THE UNOPPOSED CANDIDATE; 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 24th day of January, 2011, in Resolution No. 2011-003, order the regular municipal election for the City of Paris to he held on the 14th day of May 2011, 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 candidate for District 5 is unopposed for election to office with no write-in candidates being declared 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 candidate for District 5 be declared elected to office and that no general election be held in that District; 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 14, 2011 general election, the candidate for the District 5, Matt Frierson, having been certified by the City Clerk as being unopposed for election to office with no write-in candidates being declared, be, and is hereby, declared elected to office, which term shall begin on May 14, 2011. Section 3. That, in accordance with V.T.C.A., Election Code, Section 2.053, it is hereby determined that no elections be held in District S. 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 general ~ 50 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. That by a supermajority vote of ayes and nays, the City Council voted to suspend the rule requiring two readings before adoption of this ordinance. Section 10. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on first and final reading this 11th day of April, 2011. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 51 Certification of Unopnosed 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 14, 2011, 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 2.051 and Section 2.052 Certification of Unopposed Status, that Matt Fierson, Council Member for District 5, is unopposed with no write-in candidates being declared, which allows for the cancellation of the election in District Number 5, 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 30th day of March, 2011. anice Ellis, City Clerk City of Paris, Texas , ExHiBir~ . 5 ?