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1631ORDINANCE NO. 1631 (#05- 2020) AN ORDINANCE AMENDING JACKSONVILLE CITY ORDINANCE 1628, CHANGING THE DATE FOR THE SPECIAL ELECTION OF CITY COUNCIL MEMBER OF WARD ONE, POSITION ONE FOR THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. WHEREAS, based on the retirement of Council Member Kenny Elliot on December 31, 2019, City Council has elected to set a Special Election to elect a successor to fill the remaining term of Ward One, Position One on Jacksonville City Council, which will expire December 31, 2022; and WHEREAS, Jacksonville City Council passed Ordinance 1628, which determined that holding such an election on Tuesday, April 14, 2020, would satisfy all statutory requirements and provide sufficient time for campaigning by potential candidates; and WHEREAS, because of health concerns regarding the COVID-19 virus, and following a declaration of national and state emergency due to the same, limits to the number of persons physically present in public groups have been put in place by the Governor of Arkansas; and WHEREAS, due to these state mandated changes in a time of pandemic emergency, the City Council of Jacksonville has determined that for the health and safety of the public, the Special Election shall now be held on Tuesday, June 0, 2020. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: There shall be submitted to the qualified electors to the City of Jacksonville, Arkansas, as reflected on the records of Pulaski County Clerk's Office, the selection from qualified candidates to fill the expired term of Ward One, Position One Council Member of the City of Jacksonville, Arkansas, which term of office will be from August 1, 2020, and expire on December 31, 2022. SECTION TWO: The question of qualified candidates to fill the unexpired term of Council Member for Ward One, Position One shall be submitted to the electors qualified to vote on this issue at a Special Election to be held within the City on Tuesday, June 9, 2020. The City Clerk shall immediately notify the Pulaski County Election Commission of such question by forwarding certified copies of this Ordinance to said body and the Secretary of State as well as ensure appropriate notifications and proclamations for such are duly and timely published. SECTION THREE: If, at the June 9, 2020 election, a majority of the qualified electors voting in the Special Election select a qualified candidate to fill the unexpired term for Council Member of Ward One, Position One of the City, Mayor Johnson and/or his designated representative(s) shall file the results thereof with the Pulaski County Election Commission and request certification of Page 1 of 3 such. If no qualified candidate secures a majority of the qualified electors voting on the position at said Special Election, the two (2) qualified candidates securing the highest number of votes in the June 9, 2020 Special Election shall be certified to a Special Run -Off Election to be held Tuesday, July 14, 2020. The results from the Special Run -Off Election, if conducted, shall be forwarded to the Pulaski County Election Commission for certification. In the event an action is timely filed within the Pulaski County Circuit Court contesting said election(s), said election(s) shall be certified as the date that any final judgement of said Court is entered of record. The duly election candidate shall, upon proper certification, take the Oath of Office of City Council Member on or about August 1, 2020. Said term shall expire on or about December 31, 2022. SECTION FOUR: Should any part(s) of this Ordinance be declared invalid for any reason, no other part(s) of the Ordinance shall be affected thereby. SECTION FIVE: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION SIX: This Ordinance shall take effect immediately upon passage and publication, as provided by and subject to the requirements of applicable law. APPROVED AND ADOPTED THIS 2ND DAY OF APRIL, 2020. CITY OF JACKSONVILLE, ARKANSAS JOHNSON, MA Page 2 of 3 ATTEST: AN DAVITT, ITY CLERK APPROVED AS TO FORM: 14 S" IE FRIEDMAN, CITY ATTORNEY Page 3 of 3