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ORD 2003-05 - Cancel Ward 3 Councilmember Election 04-08-2003ORDINANCE NO. 2003-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DECLARING AN UNOPPOSED CANDIDATE ELECTED TO OFFICE; CANCELING A PORTION OF THE MAY 2003 ELECTION; ORDERING POSTING OF THIS ORDINANCE AT CITY HALL AND ON ELECTION DAY AT EACH POLLING PLACE THAT WOULD HAVE BEEN USED IN THE ELECTION; AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS by Ordinance No. 2003 -03, the City Council has previously ordered a general election on May 3, 2003 to elect the Mayor at -large and four Councilmembers, one from each of the City's ward 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) The candidate whose name is to appear on the ballot for Councilmember, Ward 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, Ward 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 candidate: for Councilmember, Ward 3 ----------------- - - - - -- Gary Crawford NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, that: SECTION 1: The City Council declares the unopposed candidate elected to office. SECTION 2: Gary Crawford is declared elected to 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 3: Election for the Councilmember, Ward 3 shall not be held. SECTION 4: The City Secretary shall post a copy of this ordinance at City Hall and the Walker County Courthouse. SECTION 5: On May 3, 2003, the City Secretary shall post a copy of this ordinance at each polling place that would have been used in the election. SECTION 6: The City Secretary shall issue to the candidate a certificate of election in the same manner as provided for the candidates elected at the election. SECTION 7: Ordinance No. 2003 -03 is repealed to the extent that it is inconsistent with this Ordinance. SECTION 8: This ordinance shall take effect immediately; provided, however, that the candidates declared elected to office herein shall not take office earlier than May 6, 2003. PASSED AND APPROVED this 8th day of April 2003. THE CITY OF HUNTSVILLE William B. Green, Mayor ATTEST: 0 Danna Welter, City Secretary APPROVED: aul Isham, City Attorney