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- ~ • <br /> <br /> <br /> \ ~ i <br /> <br /> KNOX W. ASKINS, J. D., P. C. <br /> ATTORNEY AT LAW <br />• 702 W. FAIRMONT PARKWAY <br /> P. O. BOX 1218 <br />GAIL J. HAMILTON, J. D. LA PORTE, TEXAS 77571 TELEPHONE <br />ASSOCIATE November 24 , 1981 713 a"'886 <br />Honorable Mayor and City Council <br />City of La Porte <br />City Hall <br />La Porte, Texas 77571 <br />Dear Madam and Gentlemen: <br />Section 2.04 (b) of the Home Rule Charter, provides for the procedure <br />when a vacancy occurs in the office of Mayor or council, that "Council <br />shall call a special election within 120 days. At said election, the <br />vacant office or offices shall be filled under the provisions of this <br />Charter." <br />The regular election on the first Saturday of April, 1982, is more than <br />120 days, so it is mandatory that the council call an election at the <br />next legal election date under Texas law, which is the third Saturday <br />of January, 1982. An election had already been planned for this date, <br />for the confirmation of the La Porte Area Water Authority. <br />• <br />• <br /> <br />I have prepared an Ordinance for <br />December 2, 1981. It calls the <br />filing deadline for candidates, <br />a run-off election, if necessary, <br />which is January 30, 1982. <br />your consideration at the meeting of <br />election; provides for a 5:00 p.m. <br />on Wednesday, December 16, 1981; and <br />two weeks after the special election, <br />This election will fill the unexpired portion of Mr. Kibodeaux's term, <br />which expires in April, 1982. Position A, under the Charter phase-in <br />to three year terms, provides that councilperson-at-large--Position A, <br />will have a one year term beginning in April 1982, and then will phase <br />into a three year term in April, 1983. <br />KWA:sgl <br />Yours very truly, <br />C~~~~''G~/~ ~/r/~ <br />Knox W. Askins <br />City Attorney <br />Bl <br />