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Ordinance 2016-04 - canvass 11-3-15 election - adopted 11-16-15ORDINANCE NO. 2016-04 AN ORDINANCE CANVASSING THE RETURNS OF THE REGULAR AND SPECIAL MUNICIPAL ELECTIONS HELD WITHIN THE CITY OF HUNTSVILLE ON THE 3RD DAY OF NOVEMBER 2015, FOR THE PURPOSE OF ELECTING A MAYOR AT -LARGE AND FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR WARDS, ONE, TWO, THREE, AND FOUR; A SPECIAL ELECTION FOR THE PURPOSE OF VOTING ON THE ADOPTION OR REJECTION OF A PROPOSITION ON THE COMBINED QUESTION OF THE ADOPTION OF A TYPE B CORPORATION ECONOMIC DEVELOPMENT SALES AND USE TAX WITHIN THE CITY AT THE RATE OF ONE - EIGHTH OF ONE PERCENT FOR PROJECTS AS ALLOWED BY CHAPTER 505 OF THE LOCAL GOVERNMENT CODE AND THE ADOPTION OF AN ADDITIONAL SALES AND USE TAX WITHIN THE CITY AT A RATE OF THREE - EIGHTHS OF ONE PERCENT TO BE USED TO REDUCE THE PROPERTY TAX RATE; 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 16th day of November 2015, proceeded to canvass the returns of the regular and special municipal elections held in the City on the 3rd day of November 2015, for the purpose of electing a Mayor At- Large; four Ward Councilmembers, one for each of the City's four wards: (1) one, (2) two, (3) three, and (4) four; and the adoption or rejection of a proposition on the combined question of the adoption of a Type B corporation economic development sales and use tax within the City at the rate of one - eighth of one percent for projects as allowed by Chapter 505 of the Local Government Code and the adoption of an additional sales and use tax within the City at a rate of three- eighths of one percent to be used to reduce the property tax rate; and WHEREAS WHEREAS the election was held under and pursuant to the provisions of Ordinance No. 2015 -37 and No. 201540 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 WAYNE BARRETT ANDY BRAUNINGER KEITH D. OLSON JOHN SMITHER FOR COUNCILMEMBER, WARD 1 JOE EMMETT 666 964 841 287 531 FOR COUNCILMEMBER, WARD 2 TISH HUMPHREY 212 FOR COUNCILMEMBER, WARD 3 RONALD ALLEN 232 FOR COUNCILMEMBER, WARD 4 JOE RODRIQUEZ 1034 4B SALES & USE TAX PROPOSITION FOR 1239 AGAINST 1430 WHEREAS the City Council of the City of Huntsville finds that the election returns set out above to be accurate and correct. A runoff election per Section 6.02 of the City Charter will be called for the position of Mayor. No other 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: As no candidate received a majority of the votes cast at the election for the office of Mayor At- Large, a runoff election per Section 6.02 of the City Charter shall be called for the two candidates receiving the highest number of votes cast for the office of Mayor At- Large. SECTION 2: Joe Emmett received a majority of the votes cast at the election for the office of Councilmember, Ward 1, and accordingly, Joe 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 3: 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 4: 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 5: Joe Rodriquez received a majority of the votes cast at the election for the office of Councilmember, Ward 4, and accordingly, Joe Rodriquez 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 7: The 4B economic development corporation sales and use tax was not approved by a majority of the votes cast at the election on amendments and accordingly, will not be instituted. SECTION 14: 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 15: This ordinance shall take effect immediately from and after its passage. PASSED AND APPROVED this the 16th day of November 2015. THE CITY OF HUNTSVILLE, TEXAS Mac Woodw rd, Mayor ATTEST: . _ APPROVED AS TO FORM: oodwar • , City rd V. Schneider, City Attorney