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Ord 679 Canceling the May 12, 2012 General ElectionTOWN OF WESTLAKE ORDINANCE NO. 679 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS CANCELING THE MAY 12, 2012, GENERAL ELECTION AND DECLARING THE MAYOR AND ONE (1) COUNCIL MEMBER POSITION UNOPPOSED AND THE CANDIDATES ELECTED TO OFFICE; ALSO DECLARING ONE (1) COUNCIL MEMBER POSITION VACANT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas, is a General Law municipality located in Tarrant and Denton Counties, created in accordance with the provisions of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, in accordance with the law a regular general election has been ordered for May 12, 2012, for the purpose of electing a Mayor and two (2) Council Members to serve two (2) year terms on the Town Council in the Town of Westlake; and WHEREAS, no proposition is to appear on the ballot; and WHEREAS, the Town Secretary has certified in writing that the Mayor and one (1) Council Member on the ballot are unopposed and one (1) Council Member position is vacant; and WHEREAS, the filing deadlines for placement on the ballot and declaration of write-in candidacy have passed; and WHEREAS, in these circumstances Chapter 2, Subchapter C of the Texas Election Code authorizes a governing body 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 WESTLAKE, TEXAS, THAT: SECTION 1. That all of the above findings are hereby found to be true and correct and are incorporated into the body of this Ordinance in their entirety. SECTION 2: The following candidates, who are unopposed in the May 14, 2011, general election, are hereby declared elected to office, and shall be issued a certificate of election: Laura Wheat Mayor Clif Cox Council Member Vacant Council Member Ordinance 679 Pagel of 3 SECTION 3: That the vacant position willbe filled as provided for in section 22.010 of the Texas Local Government Code, which provides that a single vacancy may be filled by an appointment by the majority of the remaining Council members, excluding the Mayor, unless there is a tic, in which case the Mayor may vote. SECTION 4: The Town secretary is directed to post a copy of the Order of Cancellation attached as Exhibit "A", at each designated polling place on May 12, 2012. SECTION 5: This ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 6: It is hereby declared to be the intention of the Town 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 judgment 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 Town Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7: This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 26" DAY OF MARCH 2012. ATTEST: Kellydward , Town Secretary APPROVED -AS T L. Manton IKovyx; T Attorney Laura Wheat, Mayor ;N reX AS Ordinance 679 Page 2 of 3 ORDER OF CANCELLATION ORDEN DE CANCELAC16N The Town of Westlake (official name of governing body) hereby cancels the election scheduled to be held on May 12, 2012, in accordance with Section 2.053(a) of the Texas (date on which election was scheduled to be held) Election Code. The following candidates have been certified as unopposed and are hereby elected as follows: Town of Westlake El por la presente cancela la eleccion que, de to contrario, (nombre oficial de la entidad gobernante) se hubiera celebrado el 2.053(x) May 12, 2012, de conformidad, con la Secci6n (fecha en que se hubiera celebrado la eleccion) del C6digo de Elecciones de Texas. Los siguientes candidatos han sido certificados tomo candidatos unicos y por la presente quedan elegidos tomo se haya indicado a continuation: Candidate (Candidato) Office Sought (Cargo al que presenta candidatura) Mayor Laura Wheat Council Member Clif Cox Council Member Vacant A copy of this order will be posted on Election Day at each polling place that would have been used in the election. El Dia de las Elecciones se exhibird una copia de esta Orden en todas las mesas electorales que se hubieran utilizado en la elecci6n. President (Presidente %.Y Ck ZLQ ,11a 12 Date of adoption (Fecha de X AS Secretary (Se etario) Ordinance 679 Page 3 of 3