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HomeMy WebLinkAboutORD 09-012 ORDINANCE NO. 09-012 ENTITLEDAN ORDINANCE DECLARINGTHE UNOPPOSED CANDIDATES FOR MAYOR, FOUR WARD COUNCILMEMBERS (WARDS I, II, III AND IV)AND TWO (2) COUNCILMEMBERS-AT-LARGE ELECTED; PROVIDING THAT THE MAY 9, 2009, GENERAL CITY ELECTION SHALL NOT BE HELD; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH. WHEREAS, the City Council of the City of Beaumont by Ordinance No. 09-005 dated February 10, 2009, ordered a General Election to be held on May 9, 2009, for the purpose of electing a Mayor, four Ward Councilmembers (Wards I, II, III and IV) and two (2) Councilmembers-At-Large of the City; and WHEREAS, notice of said election was given in accordance with State law; and WHEREAS, pursuant to the Order and Section 146.054, Texas Election Code, the deadlines for filing applications for a place on the ballot of the City's General Election has expired; and WHEREAS, the City Clerk, in accordance with Section 2.052,Texas Election Code, has certified to the City Council, in writing, that Becky Ames is unopposed for the election to the office of Mayor, Alan B. Coleman is unopposed for the election to the office of Councilmember Ward I, Nancy Beaulieu is unopposed for the election to the office of Councilmember Ward II, Audwin M. Samuel is unopposed for the election to the office of Councilmember Ward III, Jamie D. Smith is unopposed for the election to the office of Councilmember Ward IV, W.L. Pate Jr. is unopposed for the election to the office of Councilmember At-Large and Gethrel "Get"Williams-Wright is unopposed for the election to the office of Councilmember At-Large. WHEREAS, the City Council hereby finds and determines that each candidate whose name is to appear on the ballot in said election is unopposed, and no proposition is to appear on the ballot for such election and, under these circumstances, Section 2.053, Texas Election Code, authorizes the City Council to declare the candidates elected to office and cancel the election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. In accordance with Section 2.053, Texas Election Code, the following unopposed candidates are hereby declared elected to the respective offices shown, and shall be issued a certificate of election following the time the election would have been canvassed: Mayor Becky Ames Councilmember Ward I Alan B. Coleman Councilmember Ward II Nancy Beaulieu Councilmember Ward III Audwin M. Samuel Councilmember Ward IV Jamie D. Smith Councilmember At-Large W.L. Pate Jr. Councilmember At-Large Gethrel "Get' Williams-Wright Section 3. Pursuant to Section 2.053(b),Texas Election Code,the General Election heretofore called and ordered by the City Council of the City of Beaumont, for the 9`h day of May 2009, shall not be held and is hereby cancelled. Section 4. The City Clerk is hereby directed to cause a copy of this Ordinance to be posted on Election Day, same being May 9, 2009, at the polling places that would have been used in such election. Section 5. It is hereby declared to be the intention of the City Council that the phrases,clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 6. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. PASSED, APPROVED and ADOPTED this 24" day of March, 2009. Becky A s, Mayor A EST: Tina Broussard, TRMC City Clerk I