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ORD 2008-12 - Canvass Election Special Ward 1 Election 03-14-2008ORDINANCE NO. 2008 -12 AN ORDINANCE CANVASSING THE RETURNS OF THE SPECIAL MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 4TH DAY OF MARCH 2008, FOR THE PURPOSE OF ELECTING WARD ONE COUNCILMEMBER; 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 special meeting held on the 14th day of March 2008, proceeded to canvass the returns of the special Ward 1 election held in the City on the 4th day of March 2008, for the purpose of electing Ward 1 Councilmember; and WHEREAS the election was held under and pursuant to the provisions of judicial Cause No. 23,875, Thomas Cole Jr., M.D., Contestant, v. Jim Willett, Contestee, ordering the special election; and WHEREAS the election having been duly and regularly held as called in the order and according to law, and the returns thereof having been made and the election judge 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 COUNCILMEMBER, WARD 1 JIM WILLETT 309 DR. TOM COLE 386 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: Dr. Tom Cole received a majority of the votes cast at the election for the office of Councilmember Ward One, and accordingly, Dr. Tom Cole is declared elected to the office of Councilmember Ward One, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 2: 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 3: This ordinance shall take effect immediately from and after its passage. PASSED AND APPROVED this the 14th day of THE CIT)C O,y(Jd TATSVILLE, TEXAS J. Turner, Mayor I�ST: Step ie Brim, City Secretary APPROVED AST RM: Thomas A. Lee Cik Attorney