HomeMy WebLinkAboutResolution No. 2009-67 RESOLUTION NO.R2009-67
A RESOLUTION CANVASSING THE RETURNS AND
DECLARING THE RESULTS OF THE SPECIAL LOCAL
OPTION ELECTION HELD ON NOVEMBER 3, 2009, FOR
THE PURPOSE OF SUBMITTING TO THE QUALIFIED
VOTERS OF THE CITY, ON THE ISSUES OF: 1)
LEGALIZING THE SALE OF BEER AND WINE FOR OFF-
PREMISE CONSUMPTION ONLY, AND 2) LEGALIZING
THE SALE OF MIXED BEVERAGES IN RESTAURANTS BY
FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY.
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WHEREAS, on Apri129, 2009, the City of Friendswood, Texas (the "City") received an
application for a written petition for a local option election, from ten or more qualified voters of
the city, for the issue of the "legalization of the sale of beer and wine for off-premise
consumption only"; and; and
WHEREAS, on April 29, 2009, the City of Friendswood, Texas (the "City") received
second application for a written petition for a local option election, from ten or more qualified
voters of the city, for the issue of the "legalization of the sale of mixed beverages in restaurants
by food and beverage certificate holders only"; and
WHEREAS, on May 1, 2009, the City Secretary issued the petitions and notified the
TABC and Secretary of State, as required by law; and
WHEREAS, the petitions were returned on June 1, 2009, and on July 6, 2009, the City
Council accepted the certification of the executed petitions; and
WHEREAS, a special local option election was held within the City, on November 3,2009,
for the purpose of submitting to the qualified votes of the city the issues of 1) legalizing the sale of
beer and wine for off-premise consumption only, and 2)legalizing the sale of mixed beverages in
restaurants by food and beverage certificate holders only; and
WHEREAS, said election was duly and legally held in conformity with the election laws of
the State of Texas, and the results of said elections have been verified and returned by the proper
judges and clerks; and
WHEREAS, it appears that a total of 3,683 votes were cast in said election;now,therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. The facts and matters set forth in the preamble of this Resolution are hereby
found to be true and correct.
Section 2. The official canvass of the returns of the special local option election held on
November 3, 2009, at which two (2) issues were submitted to the duly qualified, resident electors
of the City for their action thereon, relating to a legalizing the sale of beer and wine within the
City, reflects the number of votes cast"for" and"against" said measure as follows:
ISSUE NO.ONE
FOR THE LEGAL SALE OF BEER AND WINE FOR OFF-
PREMISESCONSUMPTION .......................................................................................2,505 votes
AGAINST THE LEGAL SALE OF BEER AND W1NE FOR
OFF-PREMISES CONSUMPTION...............................................................................1,163 votes
ISSUE NO.TWO
FOR THE LEGAL SALE OF MIXED BEVERAGES 1N
RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE
HOLDERSONLY..........................................................................................................2,648 votes
AGAINST THE LEGAL SALE OF MIXED BEVERAGES IN
RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE
HOLDERSONLY..........................................................................................................1,021 votes
Section 3. The special election held within the City, on November 3, 2009, which is
more fully described in the preamble of this Resolution, was called and notice thereof was given
in accordance with law. Only qualified, resident electors of the City voted in the special
election. Returns of the special election have been lawfully made by the proper officials. The
City Council hereby issues this order declaring that the special election has resulted favorably to
the adoption of Issue Nos. One and Two, with a majority of the qualified voters voting at the
special election having voted in favor of Issue Nos. One and Two submitted at such special
election. The City Secretary is directed to record this order as provided by law.
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Section 4. Not later than the third day after the date the result of this local option
election has been declared, the City Secretary shall certify the result to the Secretary of State and
the Texas Alcoholic Beverage Commission. The City Secretary may not charge a fee for this
service.
Section 5. It is hereby found and determined that the NOTICE OF MEETING
relating to the meeting of the City Council at which this Resolution was considered and the
posting thereof, was proper and said notice and posting are hereby authorized, approved,
resolved, ratified, and confirmed.
PASSED,APPROVED, and RESOLVED this 16th day of November,2009.
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David J. H. Smith
Mayor
ATTEST
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Del ris McKenzie, TRM *
City Secretary *
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