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HomeMy WebLinkAbout032957 ORD - 12/20/2022One -Reading Ordinance canvassing returns and declaring the results of the Runoff Election held on December 13, 2022 in the City of Corpus Christi for the purpose of electing the Council Members for Districts One, Two, and Three Whereas, the City Council of the City of Corpus Christi, by Ordinance No. 032831 on August 16, 2022, ordered and called a General Election for the election of Mayor and eight Council Members to be held on November 8, 2022; WHEREAS, the official canvass of said election reveals that none of the candidates for the offices of Council Member Districts One, Two, and Three received the number of votes required for election; and Whereas, by Ordinance No. 032921 on November 22, 2022, the City Council canvassed returns and declared the results of the General Election; Whereas, Ordinance No. 032921 declared the persons elected to serve as Mayor and in three at - large Council Member positions and the Council Member Districts 4 and 5 positions; Whereas, by Ordinance No. 032922 also on November 22, 2022, the City Council ordered a Runoff election to be held on December 13, 2022, for the election of Council Member Districts One, Two, and Three; Whereas, the Runoff election described above is herein referred to as the "Election"; Whereas, notice of said Election was given as required by law; Whereas, said Election was duly held on the 13th day of December 2022, at which said contests were presented to the voters as provided in the respective City ordinance calling the applicable Election and in conformity with the election laws of the State of Texas and the results of said Election have been certified and returned by the judges and clerks thereof; and Whereas, it is hereby officially found and determined 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, all as required by the Texas Open Meetings Act; and Whereas, the City Council has reviewed and investigated all matters pertaining to this Election, and finds that the said Election was in all respects lawfully held and that the City's Secretary's tally and certification of results to the Council are correct; Whereas, pursuant to section 67.004 of the Texas Election Code, two members of the governing body constitutes a quorum for canvassing the election results. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: 032957 SCANNED Section 1. The tally of votes cast in the Election held on the 13th day of December 2022, is made and certified to by the City Secretary of the City of Corpus Christi, attached hereto as Attachment A incorporated by reference and made a part of this Ordinance as though reproduced herein in its entirety, and the same is hereby adopted as the official tabulations of the votes cast at the Election, and that said tabulations be filed and recorded in the official records of the City of Corpus Christi as the official canvass of the Elections. Section 2. The City Council has diligently inquired into the poll lists and the official Election returns which were duly and lawfully made to the City Council by the judges and clerks holding and conducting such Election with the poll lists and the official election returns showing separately the votes cast in the Election. From these returns, the City Council hereby finds that the following votes were cast in the Election by voters who were resident, qualified voters of the City. The results of the Election canvass are declared to be: Council Member, District 1 Everett Roy 802 Billy Lerma 763 Council Member, District 2 Sylvia Campos 2,235 Mark Scott 2,089 Council Member, District 3 Roland Barrera 1,276 Eric Cantu 1,219 Section 3. The City Council officially finds, determines, and declares that the Election was duly and properly ordered, that proper legal notice of the Election was duly given in the English language and the Spanish language to the extent required by law, that proper election officers were duly appointed prior to the Election, that the Election was duly and legally held, that all resident qualified voters of the City in Districts One, Two, and Three, were permitted to vote at the Election, that due returns of the results of the Election have been made and delivered, and that the City Council has duly canvassed such returns, all in accordance with the laws of the State of Texas and of the United States of America, and the separate ordinances calling the Election. Section 4. The City Council accepts and approves the returns for the Runoff Election as received and canvassed, and declares that the following persons are declared elected and may qualify for the office indicated: Council Member District One: Council Member District Two: Council Member District Three: Everett Roy Sylvia Campos Roland Barrera Section 5. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. Section 8. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 9. This Ordinance shall be in force and effect from and after its final passage and it is so ordained. Section 10. The necessity of making an official canvass of votes and declaring the results thereof immediately in order to meet the requirements of State Law and the City Charter, and the need for efficient and effective administration of the City's affairs, creates a public emergency requiring the suspension of the City Charter rule that no ordinance be passed finally on the date of its introduction but that such ordinance shall be read at two regular meetings of the City Council, and the Mayor having declared that such emergency exits, having requested the suspension of the City Charter rule that this ordinance be finally passed on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 20th day of December 2022. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, state law supersedes the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, aulette Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera A Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith Pursuant to Section 67.004 (a) of the Texas Election Code, two members of the governing body constitutes a quorum for canvassing the election results. PASSED AND APPROVED on this the December 20, 2022 ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 032957 THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on December 20, 2022, canvassing the returns and declaring the results of the Runoff Election held on December 13, 2022, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, on D ?. L. , , 2022. 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O E m N — 8' I= n4 C C N... c 3L *** End of report***