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ORD 2002-10 - Declare Unopposed Candidates 04-16-2002ORDINANCE NO. 2002-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; CANCELING PORTIONS OF THE MAY 2002 ELECTION; ORDERING POSTING OF THIS ORDINANCE AT CITY HALL AND ON ELECTION DAY AT EACH POLLING PLACE; AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS by Ordinance No. 2002 -06, the City Council has previously ordered a general election on May 4, 2002 to elect the four Councilmembers, one from each of the City's at -large positions, one (1), two (2), three (3) and four (4); and WHEREAS the filing deadline for placement on the ballot and declaration of write -in candidacy has passed; and WHEREAS the election is one for officers of the City in which write -in votes may be counted only for names appearing on a list of write -in candidates and in which: (1) each candidate whose name is to appear on the ballot for Councilmember, At -Large Position 1, and Councilmember, At -Large Position 3, is unopposed; and (2) no proposition is to appear on the ballot; and WHEREAS the City Council has received the City Secretary's written certification that each candidate for Councilmember, At -Large Positions 1 and 3 is unopposed for election because: (1) only one candidate's name is to be placed on the ballot for that office under Texas Election Code Section 2.051; and (2) no candidate's name is to be placed on a list of write -in candidates for that office; and WHEREAS in these circumstances, Subchapter C of Chapter 2 of the Texas Election Code authorizes a governing body to declare each unopposed candidate elected to office and cancel that portion of the election; and WHEREAS the unopposed candidates are: for Councilmember, At -Large Position 1--------- -Steed Smith for Councilmember, At -Large Position 3--------- -Vance Howard NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, that: SECTION 1: The City Council declares each unopposed candidate elected to office. SECTION 2: Steed Smith is declared elected to 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 3: Vance Howard is declared elected to 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: Elections for the Councilmember, At -Large Position 1, and Councilmember, At -Large Position 3 shall not be held. SECTION 5: The City Secretary shall post a copy of this ordinance at City Hall and the Walker County Courthouse. SECTION 6: On May 4, 2002, the City Secretary shall post a copy of this ordinance at each polling place that would have been used in the election. SECTION 7: The City Secretary shall issue to each candidate a certificate of election in the same manner as provided for a candidate elected at the election. SECTION 8: Ordinance No. 2002 -06 is repealed to the extent that it is inconsistent with this Ordinance. SECTION 9: This ordinance shall take effect immediately; provided, however, that the candidates declared elected to office herein shall not take office earlier than May 7, 2002. PASSED AND APPROVED this 16th day of April 2002. THE CITY OF HUNTSVILLE William B. Green, Mayor ATTEST: "a Welter, City Secretary APPROVED: Paul Is am, City Attorney