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ORD 2011-05 - Canvass 11-2-10 Municipal Election Electing Four At-Large Council Members 11-10-2010ORDINANCE NO. 2011-05 AN ORDINANCE CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 2ND DAY OF NOVEMBER 2010, FOR THE PURPOSE OF ELECTING FOUR AT -LARGE COUNCILMEMBERS; DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN, THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a regular meeting held on the 10th day of November 2010, proceeded to canvass the returns of the regular municipal election held in the City on the 2nd day of November 2010, for the purpose of electing a four At-Large Councilmembers; and WHEREAS the election was held under and pursuant to the provisions of Ordinance No. 2010 -44 calling the election; and WHEREAS the election having been duly and regularly held as called in the ordinance and according to law, and the returns thereof having been made and the election judges having certified the results of the election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of the election and finding that the total votes cast at the election were as follows: FOR AT -LARGE COUNCILMEMBER, POSITION 1 JAMES FITCH 2922 DALENE ZENDER 2299 FOR AT -LARGE COUNCILMEMBER, POSITION 2 MELISSA TEMPLETON 1897 LYDIA J. MONTGOMERY 3388 FOR, AT -LARGE COUNCILMEMBER, POSITION 3 CHARLES FORBUS 1765 DON JOHNSON 3388 FOR AT -LARGE COUNCILMEMBER, POSITION 4 LANNY RAY 1981 KEITH D. OLSON 3176 WHEREAS the City Council of the City of Huntsville finds that the election returns set out above to be accurate and correct, and no election protest or contest has been filed with Council or instituted in connection with the election returns: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: James Fitch received a majority of the votes cast at the election for the office of Councilmember At -Large Position 1, and accordingly, James Fitch is declared elected to the office of Councilmember At-Large Position 1, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 2: Lydia Montgomery received a majority of the votes cast at the election for the office of Councilmember At-Large Position 2, and accordingly, Lydia Montgomery is declared elected to the office of Councilmember At: Large Position 2, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 3: Don Johnson received a majority of the votes cast at the election for the office of Councilmember At-Large Position 3, and accordingly, Don Johnson is declared elected to the office of Councilmember At -Large Position 3, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 4: Keith Olson received a majority of the votes cast at the election for the office of Councilmember At -Large Position 4, and accordingly, Keith Olson is declared elected to the office of Councilmember At-Large Position 4, subject to the taking. of his oath and filing bond as provided by the laws of the State of Texas. SECTION 5: City Council finds that the notice of the election was duly and properly given as required by law and as provided in ordinance calling the election, and that the election was duly and regularly held, and the returns thereof duly and regularly made by the proper officials of the election, and in all things according to the law. SECTION 6: This ordinance shall take effect immediately from and after its passage. PASSED AND APPROVED this the 10th day of November 2010. 1,V /Schneider, City Attorney NTSVILLE, TEXAS J. Turner, Mayor