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