AN ORDINANCE DECLARING
UNOPPOSED CANDIDATES IN THE
MAY 7, 2005 GENERAL CITY ELECTION, ELECTED TO OFFICE;
CANCELING THE ELECTION; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the General City Election was called for May 7, 2005, for the purpose
of electing members to the city council, and
WHEREAS,
the mandatory, statutory deadline for filing for a position on the
City Council expired at close of business on Monday, March 7, 2005;
and
WHEREAS, as
of close of business on March 7, 2005, no persons who were qualified
by law to oppose the incumbent candidates had filed for candidacy
with the City Secretary to be placed on the ballot, for the City Council
places open for election on May 7, 2005, and
WHEREAS,
the City Secretary has certified in writing that: (1) there is no
proposition on the ballot, (2) that no person has made a declaration
of write-in candidacy, and (3) that each candidate on the ballot is
unopposed for election to office; and
WHEREAS,
under these circumstances, Subchapter C, Chapter 2, Election Code,
authorizes the City Council to cancel the election, at this time,
and to subsequently declare the incumbent candidates 'elected to office'
as of the date/time the election of May 7, 2005 would have been officially
canvassed by the City Council.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:
Section 1. The May 7, 2005
General City Election is hereby canceled, and the City Secretary is
directed to cause a copy of this Ordinance to be posted on election
day at each polling place that would have been used in the election.
Section 2. The following
candidates, who as of this date, and because of the expiration of
the statutory filing deadline, will remain unopposed in the General
City Election, that was to be held on May 7, 2005, will be declared
`elected to office' and shall be issued certificates of election following
the date and time the City Council would otherwise have canvassed
the election, i.e., at either the next regular session of the City
Council following the May 7, 2005 Texas uniform election date, or
at a meeting held on May 17, 2005, which is the date set by statute
to canvass elections:
Section 3. It is declared
to be the intent 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
is declared invalid by the judgment or decree of a court of competent
jurisdiction, the invalidity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, or sections of this ordinance
since the city council would have enacted them without the invalid
portion.
READ AND ACKNOWLEDGED this
the 22nd day of March 2005.
READ AND ADOPTED this the 12th day of April 2005.
APPROVED:
Tom Scott, Mayor
