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HomeMy WebLinkAboutOrd. 1981-1292 - call LPAWA election . \ \ . i . \ '. ORDINANCE NO. 1292 AN ORDINANCE CALLING AN ELECTION IN THE AREA COMPRISING THE LA PORTE AREA WATER AUTHORITY, TO BE HELD JANUARY 16, 1982, FOR THE ELECTORS THEREIN TO CONFIRM OR REJECT THE LA PORTE AREA WATER AUTHORITY; 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 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. The "La Porte Area Water Authority" was created . by House Bill No. 1311, 67th Legislature, regular session. Section 6 of said House Bill No. 1311, provides, that before the authority is created, the City Council of the City of La Porte must call a confirmation election to determine if the proposed authority will be created. The confirmation election shall be held in the territory comprising the boundaries of the La Porte Area Water Authority, to-wit: BEGINNING at a point in the south right-of-way line of ....-..... Spencer Highway (100 foot wide), said point being the intersec- tion of the south right-of-way line of Spencer Highway and . the east line of the San Jacinto College 141 acre tract; said point being coincident with the northwest corner of College View Municipal utility District as per Article 8280-381 of Vernon's Civil Statutes of the State of Texas; THENCE, southerly along the west line of the College View Municipal utility District and the east line of the San Jacinto College 141 acre tract to its intersection with the north line of Fairmont Parkway 250 foot right-of-way, same being the south- east corner of the said San Jacinto College 141 acre tract and the southwest corner of the College View Municipal utility District; . THENCE, southerly along a projection of the west line of the College view Municipal utility District and the east line . e . Ordinance No. "1292 , Page 2. . of the San Jacinto College 141 acre tract to its intersection with the south right-of-way line of Fairmont Parkway 250 foot right-of-way to a point for corner; THENCE, east along the south line of Fairmont Parkway 250 foot wide right-of-way to its intersection with the west line of a 200 foot wide Harris County Flood Control District right- of-way for Willow Spring Gully which is designated as Ditch No. Bl12-00-00, for a point for corner; THENCE, southwesterly coincident with the meanders of the west line of the 200 foot wide right-of-way of Willow Spring Gully, Harris County Flood Control District Ditch Bl12-00-00, to its intersection with the north corporate limit of the City of Pasadena, same being the north line of a 200 foot wide strip annexed by the City of Pasadena and also being the south line of the W. M. Jones Survey and the north line of the George B. McKinstry Survey, Abstract No. 47, for a point for corner; THENCE, east with the north line of the George B. McKinstry Survey A-47 and the south line of the W. M. Jones Survey and the corporate limit line of the Ci ty of Pasadena to the east line of the 200 foot wide right-of-way of Willow Spring Gully, Harris County Flood Control District Ditch Bl12-00-00; THENCE, southwesterly with the east line of the 200 foot wide right-of-way of Willow Spring Gully Harris County Flood Control District Ditch Bl12-00-00 to a point 469 feet south of the north line of the George B. McKinstry Survey A-47; THENCE, east 469 feet south of and parallel to the north line of the George B. McKinstry Survey A-47 to a point 200 feet west of the west line of that certain tract of land conveyed to Dart Industries and El Paso Products Company by Friendswood Development Company by deed dated March 14, 1974, and recorded . . e e . Ordinance No. .1292 , Page 3. . under Film Code Number 103-11-0868, Deed Records, Harris County, Texas; THENCE, north 200 feet west of and parallel to the west line of the property owned by Dart Industries and El Paso Products Company a distance of 469 feet to the north line of the George B. McKinstry Survey A-47 and the corporate limit line of the City of Pasadena, Harris Gounty, Texas; THENCE, easterly along the north line of the George B. McKinstry Survey, Abstract No. 47, to its intersection with the center line of Big Island Slough, for a point for corner; THE~CE, southerly along the meanders of the center line of Big Island Slough to its intersection with a line parallel to and 3410 feet more or less measured at right angles southerly from the north line of the George B. McKinstry Survey, Abstract No. 47, for a point for corner, said point being on the north line of that territory annexed to the City of Houston by Ordi- nance No. 65-1555 B-R; THENCE, easterly along the north line of the said territory described by City of Houston Ordinance No. 65-1555 B-R, and its easterly extension, to its intersection with the west right-of- way line of the G. H. & S. A. Railroad, for a point for corner; THENCE, southerly along the west right-of-way line of the G. H. & S. A. Railroad to its intersection with the westerly extension of the north right-of-way line of McCabe Road; THENCE, easterly with the westward projection of the north right-of-way line of McCabe Road, and the north right-of-way line of McCabe Road, and the eastward projection of the north right-of-way line of McCabe Road, to a point in the east right- of-way line of Old State Highway 146 (also known as South Broadway), said point being the intersection of the north . . '. e . Ordinance No. 1292 , Page 4. . right-of-way line of McCabe Road, extended easterly, with the east right-of-way line of Old State Highway 146; THENCE, southerly along' the east right-of-way line of Old State Highway 146 (also known as South Broadway) to a point for corner, said point being the intersection of the east right-of-way line of State Highway 146 with the north line of the Pine Bluff Addition and the south line of the Crescent View Addition; THENCE, easterly along the north line of the Pine Bluff Addition and the south line of the Crescent View Addition to a point at the intersection of the north line of the Pine Bluff Addition with the westerly shoreline of Galveston Bay; THENCE, northwesterly, northerly, and northeasterly follow- ing the meanders of the shoreline of Galveston Bay to its intersection with Donaldson Avenue, being a south city limit line of the City of Morgan's Point; THENCE, northwesterly along the north right-of-way line of Donaldson Avenue to its intersection with the east right-of-way of Blackwell Street; THENCE, north along the east right-of-way line of Blackwell Street, to a point of intersection with the south right-of-way line of Barbours Cut Boulevard; THENCE, westerly along the south right-of-way line of Barbours Cut Boulevard, to the northeast corner of Block 978, Town of La Porte, Harris County, Texas; THENCE, north across Barbours Cut Boulevard, to a point for corner in the north right-of-way line of Barbours Cut Boulevard; THENCE, west along the north right-of-way line of Barbours Cut Boulevard to its intersection with the east right-of-way line of North Broadway, for a point for corner; . . . e . Ordinance No. 1292 " Page 5. . THENCE, north along the east right-of-way line of North Broadway, and along the east right-of-way line of North Broadway, extended to its intersection with the shoreline of San Jacinto Bay, being the most northwesterly corner of the corporate limit of the City of Morgan's Point; THENCE, easterly along the most north city limit line of the City of Morgan's Point, to a point of intersection with a line which is parallel to and 2500' westerly from the center line of the Houston Ship Channel; THENCE, in a northwesterly direction along the line which is parallel to and 2500' from the center line of the Houston Ship Channel to a point of intersection with the east right-of- way line of State Highway 134; THENCE, south along the east right-of-way line of State Highway 134, and the east right-of-way line of State Highway 134, projected south, to a point for corner in the south right- of-way line of State Highway 225; THENCE, southeasterly along the south right-of-way line of State Highway 225, to its intersection with the west right- of-way line of Underwood Road; THENCE, south along the west right-of-way line of Underwood Road to its intersection with the north right-of-way line of Spencer Highway, for point for corner; THENCE, west along the north right-of-way line of Spencer Highway to its intersection with the east property line of the San Jacinto College 141 acre tract, projected north; THENCE, south across the right-of-way of Spencer Highway along the north projection of the east property line of the San Jacinto College 141 acre tract, to the POINT OF BEGINNING. . . . e . Ordinance No. 1292 , page 6. . Section 2. An election shall be held within the area comprising the La Porte Area Water Authority, as described above, on the 16th day of January, 1982, such day being the third Saturday of January, 1982, between 7:00 a.m. and 7:00 p.m., at which time there will be submitted to the resident qualified voters thereof for their acceptance or rejection, the question of whether to confirm the La Porte Area Water Authority. Section 3. Said election shall be held at each of the fol- lowing voting places within the La Porte Area Water Authority, and the following named persons are hereby appointed as officers of said election, to-wit: . Election precinct No.1: All voters living in such Pre- cinct No. 1 (consisting of that portion of the La Porte Area Water Authority 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 . Election precinct NO.2: All voters living in such Pre- cinct No. 2 (consisting of that portion of the La Porte Area Water Authority 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: . - . Ordinance No. 1292 , Page 7. , 'Bertha Cook , Presiding Judge : '" Georqette Oliver, Alternate Presiding Judge . Election ;Precinct No~ .3: All voters living in such Pre- cinct No. 3 (consisting of that portion of the La Porte Area Water Authority 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 Furgerson " Presiding Judge , Alternate Presiding Judge . Election, Precinct No. ",4 :' All voters living in such Pre- cint No. 4 (consisting of that portion of the La Porte Area Water Authority 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 ,Ruby Phillips , Presiding Judge , Alternate Presiding Judge . Election Precinct No.5: All voters living in such Pre- cinct No. 5 (consisting of that portion of the La Porte Area Water Authority 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 locaterl at 301 E. Fairmont Parkway, La Porte, Texas, with the following election officials: . . . Ordinance No. i292 , Page 8. . D. '0. Laird ',Arbila Ralston , Presiding Judge , Alternate Presiding Judge . Election Precinct No.6: All voters living in such Pre- cint No. 6 (consisting of that portion of the La Porte Area Water Authority which is enclosed by the Southern Pacific Railroad, "B" Street, Broadway, Little Cedar Bayou, Galveston Bay, and the north line of the Bayshore Municipal Utility 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 . .'. Loi s Compton, . ,. :. , , Presiding Judge , Alternate Presiding Judge The Presiding Judge at each of the above specified polling places shall appoint as many clerks as he or she deems necessary for the proper conduct of said election at said polling place, provided that at least two clerks shall be appointed in each case. . Section A. 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. . Section' 5. Absentee voting by personal appearance shall begin on the 10th 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 any- one to vote absentee by personal appearance at any time when his office is not open to the public. . . . Ordinance No. 1292 , Page 9. . Absentee voting by mail shall begin on the 20th day pre- ceding the date of the election and shall continue unil ten o'clock 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 or Sunday, or an official State holiday. . Section 6. 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 English and Spanish, or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 7. The City Secretary of the City of La Porte shall forthwith issue Notice of said election by causing a sub- stantial copy of this Ordinance to be published two consecutive weeks in the BAYSHORE SUN, which is hereby found and declared to be a newspaper of general circulation in said City, the first of such publications shall be not less than fourteen (14) days prior to the date of the said election. . Section 8. The question shall be submitted for the vote of the qualified electors as follows: FOR the creation of the La Porte Area Water Authority. AGAINST the creation of the La Porte Area Water Authority. . e . Ordinance No. '1292 , Page 10. Se6tiori"9. Said election shall be hold 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 .10. Immediately after said election, the officers holding the same shall make and deliver the returns of the re- sults thereof and the accompanying records for use in the offi- cial canvass to the City Council of the City of La Porte, and the Ci ty Council shall canvass said returns at the earliest practicable time, and shall, immediately after canvassing the returns, declare the results of the election. . Secti6ri:ii. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. . Section ,12. The City Council officially finds, deter- mines, 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 a t 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 this ordinance and the subject .~ . '. . . . Ordinance No. 1292 , page 11. 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. Section 13. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 2nd day of December, 1981. CITY OF LA PORTE -rr:r- CLU J. J. Meza, Mayo~ ,-- ATTEST: APPROVED: ~oJ C~ty Attorney