HomeMy WebLinkAboutOrd 401-A Calling an Election for Sale of Wine for Off-premise consumption onlyTOWN OF WESTLAKE
ORDINANCE NO. 401
AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS CALLING A ®ID ORDERING AN ELECTION TO BE HELD ON
NOVEMBER 6, 2001, THE FIRST TUESDAY IN THAT MONTH, FOR THE LEGAL
SALE OF WINE FOR OFF-PREMfSE CONSUMPTION ONLY; ESTABLISHING THE
HOURS AND PLACE FOR THE ELECTION AND EARLS" VOTING; PROVIDING
FOR THE POSTING OF NOTICE OF THE ELECTION; DIRECTING THE TOWN
SECRETARY TO PREPARE THE OFFICIAL BALLOTS, AND CAUSE THEM TO BE
PRINTED AND DELIVERED TO THE PRESIDING OFFICER; APPOINTING A
PRESIDING JUDGE; APPOINTINE_1 AN EARLY -VOTING CLERK; PROVIDING FOR
THE CANVASSING OF THE RETURNS OF THE ELECTION; PROVIDING A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTI17E DATE.
WHEREAS, Section 251.19 u the Texas Alcoholic Beverage Code allows the Town
of Westlake to hold an election to authorize the legal sale of wine for off -premise consumption
only; and
WHEREAS, to initiate the local option election for the legal sale of wine for off -
premise consumption only, ten (10) re,istered voters of the Town requested a petition to
gather signatures from the Town Secretary; and
WHEREAS, the Town Secreta -y issued the petition on Sepl:ember 4, 2001; and
WHEREAS, the Town Secreta -y received the petition on October 3, 2001; and
WHEREAS, the Town of Westlake has one hundred seventy-one (171) registered
voters; and
WHEREAS, the Town Secretary has certified that seventy- ve (75) valid signatures
are contained on the petition which exceeds the thirty-five percent (35 %) required by the
Texas Alcoholic Beverage Code; and
NOW, THEREFORE, BE IT ORD,-UNED BY THE BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the above recitals are found to be true and correct and are hereby
incorporated in their entirety.
SECTION 2: That an election shall be held at the Town Hall, 3 Village Circle, Suite
207, in the Town of Westlake, Texas, between the hours of 7:00 a.m. and 7:00 p.m. on
November 6, 2001, the first Tuesday of that month, for the purpose of legalizing the sale of
wine for off -premise consumption only.
SECTION 3: That early voting by personal appearance shall be held at the Town
Hall, 3 Village Circle, Suite 207, in the Town of Westlake, Texas between the hours of 9:00
a.m. and 12:00 noon and 1:00 p.m. and 5:00 p.m. beginning on Monday, October 22, 2001,
and ending on Friday, November 2, 2001.
SECTION 4. That the deadline to receive application for ballot by mail shall be
October 30, 2001; and the deadline to receive ballots sent by mail shall be 7:00 p.m. on
November 6, 2001.
SECTION 5: That notice of the election shall be given by posting true copies of this
Ordinance, signed by the Mayor and attested by the Town Secretary, in the Town Hall, for at
least twenty (20) consecutive days prior to the date of the election.
SECTION 6: That Wanda Hankins is hereby appointed presiding judge of the election
and the presiding judge shall appoint such assistants as may be necessary to properly conduct
the election, as provided by the Election Code.
SECTION 7: That the Town ,lecretary is hereby appointed early -voting clerk and shall
appoint such deputy early -voting clerks as may be necessary to properly conduct the election,
as provided by the Election Code.
SECTION 8: That the Town. Secretary shall prepare the: official ballot, and she is
hereby authorized and directed to have the ballots to be used in the election printed and
delivered to the presiding judge. The: ballot shall allow the registered voters of the Town of
Westlake to vote "FOR" or "AGAINST" the legal sale of wine for off -premise consumption
only.
SECTION 9: That immediately after the counting of the votes the presiding judge shall
deliver the official returns of the election to the Town Secretary.
SECTION 10: That on the Friday next following the election, the Board of Aldermen
shall canvass the returns and declare the results which shall be recorded in the Minutes of the
Board of Aldermen.
SECTION 11: It is hereby de:1ared to be the intention of the Board of Aldermen that
sections, paragraphs, clauses and phr:.ses of this Resolution are severable and if any phrase,
clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or
illegal by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs
or section of this Ordinance, since same would have been enacted by the Board of Aldermen
without the incorporation in this Resolution of any such unconstitutional or illegal phrase,
clause, sentence, paragraph or section.
PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, on the 8' da.y of October, 2001.
ATTEST:
Ginger Crosswy, Town Secretary
TO
L. Stanton
Scott Bradley, Mayor
Trent O. Petty, Town mag/r