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HomeMy WebLinkAboutO-1981-1291 . . ~. ORDINANCE NO. 1291 AN ORDINANCE CALLING A SPECIAL ELECTION OF THE CITY OF LA PORTE TO FILL THE VACANCY IN THE OFFICE OF COUNCILPERSON-AT-LARGE-- POSITION A; CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF ABSENTEE VOTING; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. An election shall be held wi thin the corporate . limits of the City of La Porte, Texas, on the 16th day of January, 1982, such day being the third Saturday in January, 1982, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of filling the vacancy in the office of Councilperson-- position A, due to the death on November 24, 1981, of Isaac J. Kibodeaux. A run-off election, if necessary, shall be held on January 30, 1982, between the same hours. Section 2. Said election shall be held at each of the following voting places within said City, and the following named persons are hereby appointed as officers of said election, to-wi t: . Election Precinct No.1: All voters living in such Pre- cinct No. 1 (consisting of that portion of the City of La Porte which is located north of an imaginary line 900 feet south of and parallel to Avenue "H", and west of the Southern Pacific Railroad) shall vote at the Lomax Elementary School, which is located at 10615 North Avenue "L" in the City of La Porte, Texas, with the following election officers: Sara Armand , presiding Judge . Jerri Neuman , Alternate presiding Judge . . . Ordinance No. l?Ql , Page 2. Election Precinct No.2: All voters living in such Precinct No. 2 (consisting of that portion of the City of La Porte which is west of Big Island Slough and south of an imaginary line 900 feet south of and parallel to Avenue "H") shall vote at the Baker School Cafetorium, which is located at West Main Street and Underwood Road, La porte, Texas, with the following election officials: . Bertha Cook , presiding Judge Georgette Oliver , Alternate presiding Judge Election Precinct No.3: All voters living in such Precinct No. 3 (consisting of that portion of the City of La Porte which is enclosed by Big Island Slough, Fairmont Parkway, the Southern Pacific Railroad, and an imaginary line 900 feet south of and parallel to Avenue "H") shall vote at the Fairmont Park Baptist Church, which is located at 10401 Belfast Road, La Porte, Texas, with the following election officials: . Ed Ferquson , presiding Judge ,Alternate presiding Judge Election Precinct No.4: All voters living in such Precinct No. 4 (consisting of that portion of the City of La Porte which is east of the Southern Pacific Railroad, north of "B" Street and west of Broadway) shall vote at the DeWalt Special Services Center, which is located at Madison and N. 6th Street, La Porte, Texas, with the following election officials: Lou Lawler , presiding Judge . Ruby Phillips , Alternate Presiding Judge . - . Ordinance No. 1291 , Page 3. Election Precinct No.5: All voters living in such Precinct No. 5 (consisting of that portion of the City of La Porte which is enclosed by Broadway, Little Cedar Bayou, Galveston Bay, Donaldson Avenue, and Barbour's Cut Boulevard) shall vote at the La Porte Senior High School, which is located at 301 E. Fairmon t parkway, La Porte, Texas, wi th the following election officials: . D. o. Laird , presiding Judge Arbila Ralston , Alternate presiding Judge Election Precinct No.6: All voters living in such Precinct No. 6 (consisting of that portion of the City of La Porte which is enclosed by the Southern Pacific Railroad, "B" Street, Broadway, Little Cedar Bayou, Galveston Bay, and the north line of the Bayshore Municipal util i ty District) shall vote at the La Porte City Hall, which is located at 604 W. Fairmont Parkway, La Porte, Texas, with the following election officials: . Nadine Jones , presiding Judge Lois Compton , Alternate presiding Judge The presiding Judge at each of the above specified polling places shall appoint as many clerks as he or she deems neces- sary for the proper place, provided that in each case. conduct of at least said election at said polling two clerks shall be appointed . Section 3. voting at said election, including absentee voting, shall be by the use of voting machines,. and the ballots of said elections shall conform to the Texas Election Code, as amended. e e . Ordinance No. 1291 , Page 4. . Section 4. Absentee voting by personal appearance shall begin on the 20th day and shall continue through the 4th day preceding the day of the election. Except as authorized herein, the clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall he permit anyone to vote absentee by personal appearance at any time when his office is not open to the public. Absentee voting by mail shall begin on the 20th day pre- ceding the date of the election and shall continue until ten o'clock (10:00) A.M. on the second day preceding election day. Absentee voting shall be conducted by a clerk for absentee voting, namely, Lou Lawler , and the place at which the absentee voting shall be conducted is designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, to which address ballot applications and ballots voted by mail may be mailed. Said clerk shall keep said office open for absentee voting during his regular working hours and in any event for at least eight (8) hours on each day which is not a Saturday, a Sunday, or an official State hOliday. . Section 5. That all election materials including notice of the election, ballots, instruction cards, affidavits and other forms which voters may be required to sign and all absentee voting materials shall be printed in both Engl ish and Spanish, or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. . Section 6. The City Secretary of the City of La Porte shall forthwith issue Notice of said election by causing a substantial copy of this Ordinance to be published one time in the BAYSHORE SUN, which is hereby found and declared to be a newspaper of . . . Ordinance No. 1291 , Page 5. general circulation in said City, not less than ten (10) days nor more than thirty (30) days prior to the date of the said election. . Section 7. Upon a candidate tendering his appl ication on the form prescribed, the Ci ty Secretary shall furnish to such candidate all information relative to the qualifications for the office being sought; the method of placing the candidate's name on the ballot; the amount of the required filing fee; and any other pertinent information concerning said election. Section 8. Each candidate for the office of Councilpeson- at-large--position A must be a resident elector of the City. . Section 9. The deadline for a candidate to make applica- tion to have his name appear upon the ballot for such election, is hereby designated and established as 5:00 o'clock P.M., Wednesday, December 16, 1981. The filing fee for each candidate for the office of Councilperson is hereby established as Fifty Dollars ($50.00). The filing fees shall be used to defray the cost of the election, and said fees shall be prorated and any surplus shall be refunded to said candidates. As an alternative to paying a filing fee, a candidate may obtain a place on the ballot by filing a petition as provided for in City of La Porte Horne Rule Charter, Article 2.04 c.3. Section 10. Said election shall be held in accordance with the provisions of the City Charter of the City of La Porte, and the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. . Section 11. Immed iately after said election, the officers holding the same shall make and deliver the returns of the results . . . Ordinance No. 1291 , Page 6. . thereof and the accompanying records for use in the official canvass to the Ci ty Council of the Ci ty of La Porte, and the City Council shall canvass said returns at the earliest prac- ticable time, and shall, immediately after canvassing the re- turns, declare the results of the election. The Mayor shall immediately thereafter deliver to the candidate for whom the majori ty of votes has been polled, a certificate of election. Such elected official shall assume his or her duties within ten (10) days thereafter, Sundays excluded, upon taking the oath of office. . Section 12. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffec- tive, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 13. This Ordinance shall be in effect immediately upon its passage and approval. . Section 14. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which e . . Ordinance No. 1291 , Page 7. this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the 2nd day of December, 1981. CITY OF LA PORTE . By -= (j;f2t~ J. J. Meza, Mayor' ATTEST: ~a~:Ji;~ . APPROVED: ~d~ CJ.ty Attorney .