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HomeMy WebLinkAboutItem 10 - City Officer Election JVL !r. MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGE MEETING DATE: MARCH 24, 2009 SUBJECT: RESOLUTION CANCELING 2009 CITY OFFICERS ELECTION RECOMMENDATION: Staff recommends the City Council adopt a resolution canceling the 2009 City Officers Election for Saturday, May 9, 2009 in compliance with Subchapter C of Chapter 2 of the Texas Election Code and that the following unopposed candidates be elected: Mayor William D. Tate Council Member Place 1 C. Shane Wilbanks Council Member Place 2 Sharron Spencer BACKGROUND INFORMATION: State law provides that the last day for candidates to file for a place on the May ballot was Monday, March 9, and that write-in candidates' last day to file was Monday, March 16. No one filed for a place on the ballot except the three incumbents: Mayor (William D. Tate), City Council Place 1 (C. Shane Wilbanks) and City Council Place 2 (Sharron Spencer). The Texas Election Code permits the cancellation of an election under certain circumstances, one of which is that each candidate for an office that is to appear on the ballot is unopposed and no proposition is to appear on the ballot. Attached is the Certification of Unopposed Candidates prepared by City Secretary Linda Huff. After receiving the certification, the City Council may adopt a resolution declaring each unopposed candidate elected to office and the election is not held. State law provides that the Order of Cancellation be posted on election day at the polling location that would have been used in the election. A Certificate of Election will be issued to each candidate at the same time as provided for a candidate elected at an election. The Certificates and Oaths of Office will be given at the May 19, 2009 City Council meeting. During the May 19 meeting, there will be an item on the agenda for election of the Mayor Pro Tern pursuant Section 3.05 of the City Charter. LH/jcb Attachments 03/19/09 10:47 AM CITY OF GRAPEVINE, TEXAS 2009 GENERAL ELECTION CERTIFICATION OF UNOPPOSED STATUS 1. The Grapevine City Council adopted Resolution No. 2009-04 on February 3, 2009, ordering an election to be held on May 9, 2009, for the purpose of electing the Mayor, Council Members Place 1 and Place 2 to serve on the City Council in the City of Grapevine. 2. As set forth in and in accordance with Section 143.007 of the Texas Election Code (the "Code"), persons desiring to have their name placed on the election ballot were required to file with the City Secretary the person's sworn application not later than 5:00 p.m. on March 9, 2009. During that period of time, the only applications for a place on the ballot filed with the City were from the following persons: Mayor William D. Tate City Council Place 1 C. Shane Wilbanks City Council Place 2 Sharron Spencer 3. In addition to persons desiring to have their name placed on the ballot, persons desiring to declare themselves as a write-in candidate were required to file with the City Secretary a declaration of such candidacy on or before 5:00 p.m. on March 16, 2009. No such declarations were filed. 4. The purpose of the election being to elect the Mayor and Council Members Place 1 and Place 2 to serve on the City Council in the City of Grapevine, and there being only one candidate for each of the Places open for election, only one (1) candidate's name would be placed on the ballot for each of the two available offices. 5. No proposition is to appear on the May 9, 2009, election ballot. THEREFORE, pursuant to the above and in accordance with Section 2.052 of the Texas Election Code, I do hereby certify to the City of Grapevine City Council that the following persons are unopposed for election to the office of City of Grapevine City Council: Mayor William D. Tate City Council Place 1 C. Shane Wilbanks City Council Place 2 Sharron Spencer SIGNED this the 19th day of March, 2009, 3Qp.m. c7eps..4444., Linda Huff, City Secretary City of Grapevine, Texas Prescribed by Secretary of State Section 2.051—2.053,Texas Election Code 5/02 CERTIFICATION OF UNOPPOSED CANDIDATES CERTIFICACIONDE CANDIDATOS UNICOS To: Presiding Officer of Governing Body Al: Presidente de la entidad gobernante 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 held on May 9, 2009 Como autoridad a cargo de la preparation de la boleta de votacion oficial,por la presente certifico que los siguientes candidatos son candidatos«nicos para election para un cargo en la election que se Ilevera a cabo el Mayo 9, 2009 . List offices and names of candidates: Lista de cargos y nombres de los can didatos: Office(s)Cargo(s) Candidate(s) Candidato(s) Mayor William D. Tate City Council, Place 1 C. Shane Wilbanks City Council, Place 2 Sharron Spencer Signat (Firma) Linda Huff Printed name (Nombre en letra de molde) City Secretary Title (Puerto) March 19, 2009 (Seal)(sello) Date of signing (Fecha de firma) See reverse side for instructions (Instrucciones en el reverse) Prescribed by Secretary of State Section 2.051-2.053,Texas Election Code 5/02 ORDER OF CANCELLATION ORDEN DE CANCELACION The City of Grapevine, Texas hereby cancels the election scheduled to be held on (official name of governing body) May 9, 2009 in accordance with Section 2.053(a)of the Texas (date on which election was scheduled to be held) Election Code. The following candidates have been certified as unopposed and are hereby elected as follows: El Ciudad de Grapevine, Texas por la presente cancela la eleccion que,de lo contrario, (nombre oficia!de in entidad gobernante) se hubiera celebrado el Mayo 9, 2009 • de conformidad,con (fecha en que se hubiera celebrado la eleccion) la Seccion 2.053(a) del Codigo de Elecciones de Texas. Los siguientes candidatos han sido certificados como candidatos linicos y por la presente quedan elegidos como se haya indicado a continuacion: Candidate(Candidato) Office Sought(Cargo al que presenta candidatura) William D. Tate Mayor C. Shane Wilbanks City Council, Place 1 Sharron Spencer City Council, Place 2 A copy of this order will be posted on Election Day at each polling place that would have been used in the election. El Dia de las Elecciones se exhibird una copia de esta orden en todas las mesas electorales que se hubieran utilizado en la eleccion. President (Presidente) Secretary(Secretario) • (seal)(sello) March 24, 2009 Date of adoption (Fecha de adopcion) • See reverse side for instructions Instrucciones en el reverso Page 1 of 3 Q"c\ RESOLUTION NO. /,„/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS CANCELLING THE MAY 9, 2009 REGULAR CITY OFFICER ELECTION AND DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; REPEALING INCONSISTENT RESOLUTIONS AND PROVIDING AN EFFECTIVE DATE WHEREAS, in accordance with the Texas Election Code, the Grapevine City Council adopted Resolution No. 2009-04 on February 3, 2009 ordering an election to be held on May 9, 2009 for the purpose of electing the Mayor, Council Members Place 1 and Place 2 to serve on the City Council in the City of Grapevine; and WHEREAS, no proposition is to appear on the ballot in that election; and WHEREAS, the filing deadlines for placement on the ballot and declaration of write-in candidacy has 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 cancel the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble are true and correct as if copied herein in their entirety. Section 2. That the following candidates, who are unopposed in the May 9, 2009 City Officer Election are hereby declared elected to office, and shall be issued a certificate of election after election day, in accordance with the Texas Election Code: Mayor William D. Tate City Council Place 1 C. Shane Wilbanks City Council Place 2 Sharron Spencer Section 3. That the City Secretary is directed to post a copy of this resolution at each designated polling place on May 9, 2009. Section 4. That this resolution shall repeal every prior resolution in conflict herewith, but only insofar as the portion of such resolution shall be in conflict, and as to all other sections of resolutions not in direct conflict herewith, this resolution shall be and is hereby made cumulative. Section 5. That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 24th day of March, 2009. APPROVED: ATTEST: APPROVED AS TO FORM: RES. NO. 2