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ORD 2012-04 - Canvassing 11-8-11 ElectionORDINANCE NO. 2012-04 AN ORDINANCE CANVASSING THE RETURNS OF THE REGULAR AND SPECIAL MUNICIPAL ELECTIONS HELD WITHIN THE CITY OF HUNTSVILLE ON THE 8TH DAY OF NOVEMBER 2011, FOR THE PURPOSE OF ELECTING A MAYOR AT- LARGE, FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR WARDS, ONE, TWO, THREE AND FOUR; AND FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY TWO PROPOSITIONS; (1) AUTHORIZING CITY COUNCIL TO ADOPT A RESOLUTION APPROVING THE ISSUANCE OF BONDS BY THE TRINITY RIVER AUTHORITY FOR WATER TREATMENT PLANT IMPROVEMENTS; AND (2) FOR THE PURPOSES OF AUTHORIZING THE EXCHANGE OF PARK PROPERTY FOR PRIVATE PROPERTY; 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 17th day of November 2011, proceeded to canvass the returns of the regular municipal election held in the City on the 8th day of November 2011, for the purpose of electing the Mayor and four Ward Councilmember positions; and calling a Special Election for the purpose of a proposition for the exchange of parkland and a proposition for the City Council to adopt a resolution approving the issuance of bonds by the Trinity River Authority for water treatment plant improvements; and WHEREAS WHEREAS the election was held under and pursuant to the provisions of Ordinance No. 2011 -45 calling the election; and 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 MAYOR GEORGE H. RUSSELL MAC WOODWARD KARL DAVIDSON 199 2220 539 FOR COUNCILMEMBER, WARD 1 JOE EMMETT TOM COLE 320 267 FOR COUNCILMEMBER, WARD 2 KATIE NEWMAN 144 TISH HUMPHREY 478 FOR COUNCILMEMBER, WARD 3 RONALD ALLEN 207 JOHN CROMER 124 FOR COUNCILMEMBER, WARD 4 CLYDE LOLL 778 SANDRA HANSCOM 566 ON PROPOSITION 1 Shall the City Council of the City of Huntsville be authorized to adopt a resolution approving the issuance of bonds by the Trinity River Authority for water treatment plant improvements? FOR AGAINST ON PROPOSITION 2 2012 831 The exchange of 0.122 acre of Eastham - Thomason Park Property from the City of Huntsville, Texas, to Maria Del Carmen Martinez for 0.037 acre to resolve encroachment and amend boundaries of Park. FOR AGAINST 2340 454 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: Joseph Emmett received a majority of the votes cast at the election for the office of Councilmember, Ward 1, and accordingly, Joseph Emmett is declared elected to the office of Councilmember, Ward 1, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 2: Tish Humphrey received a majority of the votes cast at the election for the office of Councilmember, Ward 2, and accordingly, Tish Humphrey is declared elected to the office of Councilmember, Ward 2, subject to the taking of her oath and filing bond as provided by the laws of the State of Texas. SECTION 3: Ronald Allen received a majority of the votes cast at the election for the office of Councilmember, Ward 3, and accordingly, Ronald Allen is declared elected to the office of Councilmember, Ward 3, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 4: Clyde Loll received a majority of the votes cast at the election for the office of Councilmember, Ward 4, and accordingly, Clyde Loll is declared elected to the office of Councilmember, Ward 4, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 5: Proposition 1 was approved by a majority of the votes cast at the election, authorizing the City Council of the City of Huntsville, Texas to adopt a resolution approving the issuance of bonds by the Trinity River Authority for water treatment plant improvements. SECTION 6: Proposition 2 was approved by a majority of the votes cast at the election, authorizing the City Council to exchange of 0.122 acre of Eastham-Thomason Park Property from the City of Huntsville, Texas, to Maria Del Carmen Martinez for 0.037 acre to resolve encroachment and amend boundaries of Park. SECTION 7: 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 8: This ordinance shall take effect immediately from and after its passage. PASSED AND APPROVED this the 17th day of November 2011. ATTEST: SV L E, TEXAS odward, City Secretary APPROV D AS TO FORM: V. Schneider, City Attorney . Turner, Mayor