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HomeMy Public PortalAboutOrdinance No. 1244-13 03-19-2013ORDINANCE NO. 1244-13 AN ORDINANCE CANCELLING THE MAY 11, 2013 GENERAL ELECTION AND DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Richland Hills, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, in accordance with law a general election has been ordered for May 11, 2013, for the purpose of electing City Council members to serve on the City Council of the City of Richland Hills; and WHEREAS, no proposition is to appear on the ballot in that election; and WHEREAS, the city secretary has certified in writing that each candidate on the ballot is unopposed for election to office, attached hereto as Exhibit "A"; and WHEREAS, the filing deadlines for placement on the ballot and declaration of write in candidacy has passed; 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 to cancel the election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. The following candidates, who are unopposed in the May 11, 2013 general election are hereby declared elected to office, and shall be issued a certificate of election: City Council Place 1 City Council Place 3 City Council Place 5 Roland Goveas Robert Desoto Edward Lopez SECTION 2. The May 11, 2013 General Election is hereby cancelled. SECTION 3. The city secretary is directed to post a copy of this ordinance at each designated polling place on May 11, 2013. C:\USERS\LCANTUTAPPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\VMPOVB36\ELECTION CANCEL-MAY 2013.DOCX (03-12-13) Page 1 SECTION 4. This ordinance shall be cumulative of all provisions of ordinances of the City of Richland Hills, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This ordinance shall be in full force and effect from and after its passage and it is so ordained. 2013. PASSED AND APPROVED ON FIRST READING THIS 19th DAY OF March, `\~\~\\\\~uI I wuri~~~ \,,,`G~`~ N D y~,,,,~,, ~ !~ -, o ~~~- X, v ~ ~'" ~ ~" = ATTEST: .~ ~,,~ \~~, ilnm ITY S CRETARY APPROVED AS TO FORM AND LEGALITY: r' `~ ' ~ ~ Gvv~,--.. GrITY~R-TT~6~ C:\USERS\LCANTU\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\VMPOVB36\ELECTION CANCEL-MAY 2013.DOCX (03-12-13) Page 2