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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