ORD 2018-05 cancel election 5/5/2018 TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2018-05
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 2018-01 ORDERING AND
CALLING A JOINT GENERAL ELECTION FOR THE TOWN OF
TROPHY CLUB ("TOWN") TO BE HELD ON MAY 5, 2018 FOR
THE PURPOSE OF ELECTING ONE (1) COUNCILMEMBER FOR
PLACE NO. 3 AND ONE COUNCILMEMBER FOR PLACE NO. 4
TO THE TOWN COUNCIL EACH FOR A TERM OF THREE (3)
YEARS; DECLARING UNOPPOSED CANDIDATES ELECTED;
CANCELING THE JOINT GENERAL ELECTION; PROVIDING
FOR BALLOT LANGUAGE; PROVIDING FOR ISSUANCE OF
CERTIFICATES OF ELECTION; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 13, 2018, the Town Council of the Town of
Trophy Club, Texas (the "Town") passed and approved Ordinance No. 2018-01,
which ordered a Joint General Election of the Town of Trophy Club, Texas, for
the purpose of electing one (1) Councilmember for Place No. 3 and one (1)
Councilmember for Place No. 4 to the Town Council each for a term of three (3)
years; and
WHEREAS, the filing deadlines for placement on the ballot and
declaration of write-in candidacy have passed; 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) Councilmember
places, and that each of the two (2) Councilmember places are unopposed; and
WHEREAS, in these circumstances Section 2.053, Action on Certification,
of Subchapter C, Election of Unopposed Candidate, of Chapter 2 of the Texas
Election Code authorizes the Town Council to declare each unopposed
candidate elected to office and cancel the election.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS, THAT:
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.
DECLARING UNOPPOSED CANDIDATES ELECTED
The following candidates have been certified as unopposed in the May 5,
2018 Joint General Election and are hereby elected as follows:
Candidate Office Sought
Rhylan Rowe Councilmember Place No. 3
Tim Kurtz Councilmember Place No. 4
SECTION 3.
CANCELING THE JOINT GENERAL ELECTION
The Town Council hereby cancels the Joint General Election scheduled to
be held on May 5, 2018 in accordance with Subsection (a) of Section 2.053 of
the Texas Election Code.
SECTION 4.
BALLOT LANGUAGE
Pursuant to Subsection (c), of Section 2.053, Action on Certification, of the
Texas Election Code: The ballots used at a separate election held at the same
time as an election that would have been held if the candidates were not
declared elected under this section shall include the offices and names of the
candidates declared elected under this section listed separately after the
measures or contested races in the separate election under the heading
"Unopposed Candidates Declared Elected." The candidates shall be grouped
in the same relative order prescribed for the ballot generally. No votes are cast
in connection with the candidates.
SECTION 5.
ISSUANCE OF CERTIFICATES OF ELECTION
Certificates of Election shall be issued in the same manner and at the
same time as for a candidate elected at an election. Therefore, the candidates,
who have been declared elected, must wait until after the official Election Day
and no earlier than the prescribed canvassing period to be sworn in and assume
their duties.
SECTION 6.
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
ORD 2018-05 Page 2 of 4
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 7.
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
despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 8.
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 9.
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.
ORD 2018-05 Page 3 of 4
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas this 27th day of February 2018.
C. Nick Sanders, ayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
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Holly Fim es, Town Secretary \
Town of Trophy Club, Texas h
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APPROV- 4A TO FORM:
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J. D:vid Dodd Ill, Town Attorney
To 'n of Trophy Club, Texas
ORD 2018-05 Page 4 of 4