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HomeMy WebLinkAboutResolution - 2004-R0056 - Resignation Of Council Member - Victor Hernandez - 02_05_2004Resolution No. 2004—R0056 February 5, 2004 Item No. 35 RESOLUTION AND ORDER WHEREAS, the resignation of Victor Hernandez, District 1 Councilman, occurred on January 22, 2004, as a result of said Councilman announcing his candidacy for Municipal Judge in the May 15, 2004, City regular election of officers; and WHEREAS, such resignation occurred by operation of law in accordance with Article 11, Section 11, and Article 16, Section 65, of the Texas Constitution; and WHEREAS, such automatic resignation and acceptance has created a vacancy on the City Council of the City of Lubbock; and WHEREAS, the next available election date complying with the requirements of the Texas Constitution, the Texas Election Code and the City Charter is May 15, 2004; and WHEREAS, Sections 3.004, and 201.051 require the City Council to order an election to fill said vacancy as soon as practicable after the vacancy occurs; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 'THAT the City Council of the City of Lubbock, Texas, hereby accepts the automatic resignation of Councilman Victor Hernandez on January 22, 2004, and orders a special election to fill the vacancy in the position of Council member, District 1, to be conducted May 15, 2004, for the purpose of filling the vacancy created by the resignation of Councilman Hernandez for the unexpired term remaining for the position of Council member, District 1, and the Mayor of the City of Lubbock is hereby authorized and directed to execute an official order and notice of special election to fill the vacancy in the position of Council member, District 1, on Saturday, May, 15, 2004. Passed by the City Council this 5th day of ATTEST: A 0-. 12�1 Rebecca Garza, City Secretary LULLj r LQ`jJ�o APPROVED AS TO FORM: Donald G. Vandiver, Attorney of Counsel DdNH-VacElectRes January 26, 2004 Resolution No. 2004-R0056 ELECTION NOTICE CITY OF LUBBOCK 2004 REGULAR MUNICIPAL ELECTION and SPECIAL ELECTION TO FILL CITY COUNCIL VACANCY The Mayor of the City of Lubbock hereby gives notice of the above named City of Lubbock elections and the City Secretary of the City of Lubbock is hereby ordered to cause publication of the City of Lubbock 2004 Regular Municipal Election and a Special Election to fill a City Council vacancy to be conducted May 15, 2004, in a newspaper of general circulation at least once no earlier than the 30th day nor later than the 10`h day before election day. Further, copies of said ordinance ordering the 2004 Regular Municipal Election and the resolution ordering the Special Election to fill a City Council Vacancy shall be posted not later than the 21 st day before election day on the bulletin board used for posting notices of meetings of the governing body and a notice of consolidation shall be posted not less than 10 days before election day at any polling places not consolidated at the last previous election, which notice shall indicated the precinct of consolidation and the location of the new polling place. The City Secretary shall serve a duly certified copy of the ordinance ordering the 2004 Regular Municipal Election and the resolution ordering the Special Election to fill a City Council vacancy upon each presiding judge not later than the 7th day after the signing of the appropriate ordinance or resolution or the 15 day before election day, whichever is later. /j Executed this 5th day of February , 2004. MAYOR ATTEST: Rebe a Garza, City Secretary APPROVED AS TO FORM: Donald G. Vandiver, Attorney of Counsel Ddelect/ElecNW4 February 4, 2004