O-2383-3-05ORDINANCE NO. 2393.3-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, CANCELING THE ELECTION SCHEDULED TO BE HELD
MAY 7, 2005, FOR THE PURPOSE OF ELECTING THE MAYOR AND CITY
COUNCILMEMBER FOR PLACE NO. 2; DECLARING EACH UNOPPOSED
CANDIDATE ELECTED TO OFFICE; ORDERING THE POSTING OF THIS
ORDINANCE AT CITY HALL AND AT THE OLD ALLEN LIBRARY BUILDING
POLLING PLACE ON ELECTION DAY; PROVIDING A SEVERABILITY CLAUSE;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Resolution No. 2374-2-05(R), was adopted by the City Council on February 22, 2005, for the
purpose of electing the Mayor and City Councilmember for Place No. 2 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, Section 2.053(a) 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,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The general election for the purpose of electing the Mayor and City Councilmember Place No. 2
previously called for May 7, 2005, is hereby canceled.
SECTION 2. The following candidates, whom unopposed for the May 7, 2005, General Election, are hereby
declared elected to office and shall be issued a cer iFcateof-election:
Mayor Stephen Terrell
Councilmember Place No. 2 Ross Obermeyer
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 Old Allen Library Building, 301 Century Parkway, Allen,
Texas.
SECTION 4. It is hereby declared to be the intention ofthe 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 22"n DAY OF MARCH 2005.
APPROVED AS TO FORM:
Peter G. Smith, CNTY ATTORNEY
APPROVED:
Stephefi Terrell, MAYOR
ATTEST:
Shelley B. Geo TRMC, CITY SECRETARY
Ordinance No. 2383-3-05, Page 2
CITY OF ALLEN
OF
UNOPPOSED CANDIDATES
To: Presiding Officer of Governing Body
As the authority responsible for having the official ballot prepared, I hereby certify that
the following candidates are unopposed for election to said places for the office of Mayor and
Councihnember and no candidate's name is to be placed on a list of write-in candidates for those
offices for the election scheduled to be held on May 7, 2005.
Mayor Stephen Terrell
Councihnember Place No. 2 Ross Obermeyer
WITNESS MY HAND AND SEAL OF THE CITY OF ALLEN, TEXAS, this the
18th day of March, 2005.
Shelley George
City Secretary
City of Allen, Texas
305 CENTURY PARKWAY • ALLEN, TEXAS 75013-8092
972.727.0100
EMAIL. coa@caWfallen.org