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O-1489-4-97ORDINANCE NO. 1489-4-97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, ' COLLIN COUNTY, TEXAS, CANCELING THE ELECTION SCHEDULED TO BE HELD MAY 3, 1997, FOR THE PURPOSE OF ELECTING THREE (3) MEMBERS, (PLACE NOS. 1, 3, AND 5), TO THE CITY COUNCIL; DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; ORDERING THE POSTING OF THIS ORDINANCE AT CITY HALL AND AT THE ALLEN PUBLIC LIBRARY POLLING PLACE ON ELECTION DAY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Resolution No. 1477-2-97(R), was adopted by the City Council on February 6, 1997, for the purpose of electing three Councilmembers (Place Nos. 1, 3, and 5) to the Allen City Council; and, WHEREAS, the election is for officers of the City in which write-in votes may be counted only for names appearing on a list of write-in candidates and in which each candidate whose name is to appear on the ballot is unopposed, and no proposition is to appear on the ballot; and, WHEREAS, the filing deadlines for name placement on the ballot and declaration of write-in candidacy have passed; and, ' WHEREAS, the City Council has received the City Secretary's written certification that each candidate is unopposed for the election; and, WHEREAS, in these circumstances, Chapter 2, Subchapter C of the Texas Election Code authorizes the governing body to declare each unopposed candidate elected to office and to cancel the election thereby avoiding the expenses related to holding an election and saving public funds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1. The general election for the purpose of electing three Councihnembers (Place Nos. 1, 3, and 5) previously called for May 3, 1997, is hereby canceled. SECTION 2. The following candidates, who are unopposed for the May 3, 1997, General Election are hereby declared elected to office and shall be issued a certificate -0f -election: Councilmember Place No. 1 Lonnie Thomas Councilmember Place No. 3 Doug Gallagher Councilmember Place No. 5 Steve Terrell SECTION 3. The City Secretary shall post a copy of this ordinance at City Hall and on election day shall post a copy of this ordinance at the polling place located at the Allen Public Library, Two Allen Civic Plaza. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 5. This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. ' DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 3RD DAY OF APRIL, 1997. E APPROVED: Kevm L. Lilly, MAYO APPROVED AS TO FORM: ATTEST: ORNEY Jody M ' , CMC, CITY SECRETARY OrdinanceNo. 1489-4-97 Paget