ORDINANCE NO. 2021 – 2-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RISING STAR, TEXAS, ORDERING THE CANCELLATION OF THE GENERAL ELECTION SCHEDULED FOR MAY 1, 2021; DECLARl G THE UNOPPOSED CANDIDATES FOR TWO AT-LARGE CITY COUNCIL MEMBER OFFICES TO BE ELECTED TO OFFICE; DIRECTING THE CITY SECRETARY TO TAKE CERTAIN ACTIONS PERTA INING TO THE CANCELLATION OF THE GENERAL ELECTION; PROVJDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING AN OPEN MEETINGS CLAUSE.
WHEREAS, a General Election was called for May 1, 2021, for the purpose of electing two (2) at large City Council members; and
WHEREAS, the City Secretary has certified in writing that each candidate is unopposed for election to office pursuant to the Certification of nonpposed Candidates attached hereto as Exhibit “A”; and
WHEREAS, the filing deadlines for placement on the ballot and declaration of write-in candidacy have passed; and
WHEREAS, under such circumstances, Chapter 2, Subchapter C, of the Texas Election Code (Section 2.051, et seq.), authorizes the City Council to declare each and every unopposed candidate elected to office and cancel the election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RISING STAR, TEXAS, THAT:
Section 1. Findings of Fact. All of the above premises and recitations are found to be true and correct and are incorporated into the body of this Ordinance as findings of fact, as if copied herein in their entirety.
Section 2. Elected Candidates. The following candidate , who are unopposed for the May 6, 2017, General Election, are hereby declared elected to office, and a certificate of election shall be issued to each candidate following the time the election would have been canvassed.
Councilmember, at-large Ben Childers
Councilmember, at-large Betsy Herron
Section 3. Cancellation of Election. The May 1, 2021, General 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 used or that would have been used in the election.
Section 4. Directions to City Secretary. The City Secretary is hereby directed to post a copy of this Ordinance on the bulletin board at City Hall and, on Election Day, a copy of this Ordinance shall be posted on the door of the polling place. Such posting at the polling place shall be made in a manner to be readable to persons outside the polling place.
Section 5. Severability. 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.
Section 6. Open Meetings. It is hereby officially found and detennined that the meeting at which this Ordinance was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, as required by the Texas Open Meetings Act, Chapter 551, Texas Government Code.
Section 7. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained.
PASSED, APPROVED AND ADOPTED this the 25th day of February, 2021.
CITY OF RISING STAR
ATTEST:
APPROVED AS TO FORM:
________________________________
William P. Chesser, City Attorney
CERTIFICATION OF UNOPPOSED CANDIDATES By the CITY SECRETARY
I, Jan Clark, certify that I am the City Secretary of the City of Rising Star, Texas and the authority responsible for preparing the ballot for the May 1, City Election. I further certify that no person has made a declaration of write-in candidacy, and all of the following candidates are unopposed:
Ben Childers
Betsy Herron
City of Rising Star
Dated this 18th day of February, 2021
NOTICE OF GENERAL ELECTION
To the Registered Voters of the City of Rising Star, Eastland County, Texas.
Notice is hereby given that the polling places listed below will be open from 7:00 a.m. to 7:00 p.m., November 3, 2020, for voting in a General Election, to nominate three (3) Council Members and (1) Mayor.
Location of Polling Place : Higginbotham Building, 108 S Main, Rising Star, TX 76471
Early Voting by personal appearance will be conducted each weekday at: Rising Star City Hall, 104 N Miller, Rising Star, Texas between the hours of 8:00 a.m. to 12:00 p.m. and 1:30 to 5:00 p.m. beginning on October 13, 2020 and ending on October 30, 2020.
Extended hours are 7:00 a.m. to 7:00 p.m. on October 20, 2020 and again October 27, 2020. Applications for ballot by mail shall be mailed to:
Jan Clark jclark@risingstartexas.net
Early Voting Clerk
P.O. Box 35
Rising Star, TX 76471
Applications for ballots by mail must be received no later than the close of business on: Tuesday, October 23, 2020.
Issued this the 11th day of September, 2020.
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AVISO DE ELECCION GENERAL
A las votantes registrados del Rising Star, Eastland County, Texas.
Notifiquese par la presente, que las Casillas electorales citadas abajo se abriran desde las 7:00 a.m. hata las 7:00 p.m. de November 3, 2020 para votar en general eleccion, el Partido three (3) council members, one (1) Mayor.
El Dia de Eleccion:
Jan Clark
Early Voting Clerk
P.O. Box 35
Rising Star, TX 76471
Applications for ballots by mail must be received no later than the close of business on: Tuesday , October 23, 2020.
Issued this the 11th day of September, 2020