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ORD 2015-05TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-05 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2015-02 ORDERING AND CALLING A JOINT GENERAL ELECTION FOR THE TOWN OF TROPHY CLUB ("TOWN") TO BE HELD ON MAY 9, 2015 FOR THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER FOR PLACE #3 AND ONE COUNCIL MEMBER FOR PLACE #4 TO THE TOWN COUNCIL EACH FOR A TERM OF THREE (3) YEARS; DECLARING UNOPPOSED CANDIDATES IN THE MAY 9, 2015 JOINT GENERAL ELECTION ELECTED TO OFFICE; CANCELING THE ELECTION; PROVIDING FOR ISSUANCE OF CERTIFICATE OF ELECTION DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 10, 2015, the Town Council of the Town of Trophy Club, Texas (the "Town") passed and approved Ordinance No. 2015-02, which Ordinance ordered a Joint General Election of the Town of Trophy Club, Texas, for the purpose of electing one (1) Council member for Place #3 and one (1) Council member for Place #4 for a three (3) year term each; and WHEREAS, the Town Secretary has certified in writing that no person has made a declaration of write-in candidacy for either of the two (2) Council Member seats, and that each of the two (2) Council Members on the ballot is unopposed for election to office; and WHEREAS, the filing deadlines for placement on the ballot and declaration of write-in candidacy have passed; and WHEREAS, no proposition is to appear on the ballot in that election in relations to the two (2) Council Members; and WHEREAS, in these circumstances Subchapter C, Chapter 2 of the Election Code authorizes the Town Council to declare the candidates elected to office and cancel the election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: ORD 2015-05 SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. ISSUANCE OF ELECTION CERTIFICATE The following candidates, who are unopposed in the May 9, 2015, Joint General Election, are declared elected to office, and shall be issued certificates of election following the time the election would have been canvassed: Council Member Place #3 Rhylan Rowe Council Member Place #4 Tim Kurtz SECTION 3. POSTING The May 9, 2015, Joint General Election is canceled, and the Town Secretary is directed to cause a copy of this ordinance to be posted on election day at each polling place used or that would have been used in the election. SECTION 4. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance ORD 2015-05 2 despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 7. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 10th day of March 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas O ATTEST: O Z �0 mI [SEAL] v V co Holly Fimb es, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2015-05