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HomeMy WebLinkAboutO-1995-2016 e . ORDINANCE NO. 95-2016 AN ORDINANCE CALLING A REFERENDUM ELECTION AND THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE: 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 EARLY VOTING: PROVIDING FOR AN EARLY VOTING BALLOT BOARD: 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. A referendum election shall be held within the corporate limits of the City of La Porte, on the 6th day of May, 1995, such day being the first Saturday in May, 1995, between 7:00 A.M. and 7:00 P.M. The wording of the proposition that is to appear on the ballot shall be as follows: "BALLOT TITLE" A REFERENDUM ON ORDINANCE NO. 94-1994, AN ORDINANCE AUTHORIZING AN AGREEMENT BY THE CITY OF LA PORTE FOR THE ACQUISITION OF BAY FRONT PROPERTY ON GALVESTON BAY IN THE CITY OF LA PORTE, FOR PUBLIC PURPOSES. "TITULO DE LA BOLETA" UN REFERENUM AL DECRETO NO 94-1994, UN DECRETO AUTORIZANDO UN CONVENIO POR LA CIUDAD DE LA PORTE PARA LA ADQUISICION DE PROPIEDAD EN LA PARTE FRONTAL DE LA BAIA EN LA BAIA DE GALVESTON EN LA CIUDAD DE LA PORTE, PARA EL PROPOSITO DE usa PUBLICO. "OFFICIAL BALLOT (BOLETA OFICIAL) INSTRUCTION NOTE: (NOTA DE INSTRUCCION:) Place an "x" in the square beside the statement indicating the way you wish to vote. (Mar9ue con una "x" el cuadro a la izquierda de la frase que 1ndica la manera en que usted quiere votar. ) FOR THE ORDINANCE (A FAVOR DEL DECRETO) AGAINST THE ORDINANCE (EN CONTRA DEL DECRETO) e ORDINANCE NO. 95- 2016 . Page 2 section 2. An election shall be held within the corporate limits of the City of La Porte, Texas, on the 6th day of May, 1995, such day being the first saturday in May, 1995, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of electing the following City officials: Councilperson-at-Large--Position A, for a 3 year term councilperson--Oistr1ct 4, for a 3 year term Councilperson--Oistrict 5, for a 3 year term A run-off election, if necessary, shall be held on Saturday, June 3, 1995, between the same hours. section 3. 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-wit: Election Precinct #1 polling Place: Lomax Elementary School 10615 North Avenue "L" La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the Southern Pacific Railroad tracks and Spencer Highway (West Main Street); THENCE westerly along Spencer Highway (West Main Street) to Big Island Slough; THENCE northerly along Big Island Slough to north boundary of Creekmont Subdivision; THENCE west along north boundary of Creekmont Subdivision to Underwood Road; THENCE north along Underwood Road to the Southern Pacific Railroad tracks; THENCE southeasterly along the Southern Pacific Railroad tracks, followin9 a curve to the south, and continuing in a southerly direct10n along the Southern Pacific Railroad tracks to Spencer Highway (West Main Street), to the POINT OF BEGINNING. Election Officials: Barbara Womack , Presiding Judge , Alternate Presiding Judge Kim Womack e ORDINARCE NO. 95- 2016 e Page 3 Election Precinct #2 polling Place: Baker School Cafetorium West Main Street and Underwood Road La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the center line of Big Island Slough and Fairmont Parkway; THENCE west along Fairmont Parkway to the east boundary line of the one hundred forty one (141) acre San Jacinto Junior College Site, same being the west boundary line of the former College View M.U.D. as described in Article 8280-381, V.A.T.S.; THENCE northerly along the west boundary line, and a northerly projection thereof, of said (College View M.U.D.) to Spencer Highway (West Main Street); THENCE east along Spencer Highway (West Main Street) to the center line of Myrtle Creek Drive; THENCE south along Myrtle Creek Drive to Cedarmont Drive; THENCE southerly along Cedarmont Drive to its intersection with the westerly projection of the rear lot lines of Block 17 in Fairmont Park West section One; THENCE southeasterly along the rear lot lines of Block 17 in Fairmont Park West Section One, passing through Parkmont Drive and following the rear lot line of Block 18 of Fairmont Park West Section Two, to Quiet Hill Road; THENCE westerly along Quiet Hill Road to Willmont Road; THENCE southerly along Willmont Road to its intersection with the westerly projection of the rear lot line of Block 35 in Fairmont Park West Section Two; THENCE easterly along the rear lot lines of Block 35 in Fairmont Park West Section Two to the center line of Roseberry Drive; THENCE northerly along the center line of Roseberry Drive to the center line of Hillridge Road; THENCE easterly along the center line of Hillridge Road to the center line of Big Island Slough; THENCE southerly along the center line of Big Island Slough to the intersection of Fairmont Parkway, to the POINT OF BEGINNING. Election Officials: Inge E. Browder , Presiding Judge , Alternate Presiding Judge Karen Barnhill e ORDXNANCE NO. 95- 2016 e paqe .. Election Precinct #3 pollinq Place: Rizzuto Elementary School 3201 Farrington Boulevard La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of an Exxon Pipeline Easement and Fairmont Parkway; THENCE west along Fairmont Parkway to center line of Big Island Slough; THENCE northerly along the center line of Big Island Slough to the center line of Hillridge Road; THENCE westerly along Hillridge Road to the center line of Roseberry Drive; THENCE southerly along the center line of Roseberry Drive to the intersection with the easterly projection of the rear lot line of Block 35 in Fairmont Park West section Two; THENCE westerly along the rear lot line of Block 35 in Fairmont Park section Two to the center line of Willmont Road; THENCE northerly along the center line of Willmont Road to the center line of Quiet Hill Road; THENCE easterly along the center line of Quiet Hill Road to the intersection of the southeasterly projection of the rear lot line of Block 18 in Fairmont Park West section Two; THENCE northwesterly along the rear lot line of Block 18 in Fairmont Park West Section Two, passing throu9h Parkmont Drive and becoming the rear lot line of Block 17 Fa1rmont Park West section One to Cedarmont Drive; THENCE northerly along Cedarmont Drive to Myrtle Creek Drive; THENCE northerly along Myrtle Creek Drive to Spencer Highway (West Main Street); THENCE west along Spencer Highway (West Main Street) to Underwood Road; THENCE north along Underwood Road to the north boundary of the Creekmont Subdivision; THENCE east alon9 the north boundary of the Creekmont Subdivision to B1g Island Slough; THENCE southerly along Big Island Slough to Spencer Highway (West Main Street); THENCE east along Spencer Highway (West Main Street) to an Exxon Pipeline Easement; THENCE southerly along an Exxon Pipeline Easement to Fairmont Parkway, to the POINT OF BEGINNING. e ORD:IIIANCE 110. 95- 2016 e paqe 5 Election Officials: Paula Rizzuto Patsy Meza , Presiding Judge , Alternate Presiding Judge Election precinct #4 pollinq Place: Dewalt Special Services Center Madison and North 6th Street La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of North Broadway Street and the Southern Pacific Railroad tracks; THENCE south along North Broadway Street to Barbour's Cut Boulevard; THENCE east along Barbour's cut Boulevard to North Brownell Avenue: THENCE south along North Brownell Avenue to East Madison Street: THENCE east along East Madison Street to North Holmes Avenue; THENCE southerly along North Holmes Avenue to East Main Street: THENCE westerly along East Main Street to South Broadway Street; THENCE south along South Broadway Street to West "A" Street; THENCE west along West "A" Street to State Highway 146; THENCE south along state Highway 146 to West "B" street: THENCE west along West "B" Street to South 13th Street; THENCE south along South 13th Street to West "E" Street: THENCE west along West "E" Street to the Southern Pacific Railroad tracks; THENCE north along Southern Pacific Railroad tracks, following a curve to the east of said railroad tracks; THENCE easterly along the Southern Pacific Railroad tracks to North Broadway Street, to the POINT OF BEGINNING. Election Officials: Pauline Lewis Francis Jordan , Presiding Judge , Alternate Presiding Judge e ORDINANCE NO. 95- 2016 e Page 6 Election Precinct #5 polling Place: La Porte Senior High School 301 East Fairmont Parkway La Porte, Texas 77571 Boundaries: TRACT I BEGINNING at the intersection of Barbour's Cut Boulevard and North Brownell Avenue; THENCE east along Barbour's Cut Boulevard to Donaldson Avenue; THENCE southeasterly along Donaldson Avenue to the shoreline of Galveston Bay; THENCE southerly along the shoreline of Galveston Bar to the north city limit line of Shoreacres, (or the south 11ne of Tract I): THENCE west along the north city limit line of Shoreacres (or the south line of Tract I) to South Broadway Street (Old Highway 146); THENCE north along South Broadway street (Old Highway 146) to East Main Street; THENCE easterly along East Main Street to North Holmes Avenue; THENCE northerly along North Holmes Avenue to East Madison street; THENCE west along East Madison street to North Brownell Avenue; THENCE north along North Brownell Avenue to Barbour's Cut Boulevard, to the POINT OF BEGINNING. TRACT II BEGINNING at the intersection of South Broadway Street (Old Highway 146) and the south city limit line of Shoreacres (or the north line of Tract II); THENCE easterly along the south city limit line of Shoreacres (or the north line of Tract II) to the shoreline of Galveston Bay; THENCE southerly along the shoreline of Galveston Bay to the south city limit line of La Porte (or the south line of Tract II); THENCE westerly along the south city limit line of La Porte (or the south line of Tract II) to South Broadway Street (Old Highway 146); THENCE north along South Broadway Street (Old Highway 146) to the south city limit line of Shoreacres (or the north line of Tract II) to the POINT OF BEGINNING. --_ ORDINANCE NO. 95-. 2016 . Page 7 Election Officials: Cathy Emrick Mary.Ann Trainer' , presiding Judge , Alternate Presiding Judge Election Precinct .6 polling Place: La Porte city Hall 604 West Fairmont Parkway La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of West "A" street and South Broadway Street; THENCE south along South Broadway Street to the south city limit line of La Porte; THENCE west along the south city limit line of La Porte to the west right-of-way line of State Highway 146; THENCE northeasterly along the west right-of-way line of State Highway 146 to McCabe Road; THENCE west along McCabe Road to the Southern Pacific Railroad tracks; THENCE north along the Southern Pacific Railroad tracks to Fairmont Parkway; THENCE west along Fairmont Parkway to the Humble .Pipeline Company right-of-way; THENCE northeasterly along the Humble pipeline Company right- of-way to West Main Street; THENCE east along West Main Street to the Southern Pacific Railroad tracks; THENCE south along the Southern Pacific Railroad tracks to West "E" Street; THENCE east along West "E" Street to South 13th Street; THENCE north along South 13th Street to West liB" Street; THENCE east along West "B" Street to State Highway 146; THENCE north along State Highway 146 to West "A" Street; THENCE east along West "A" street to South Broadway Street and the POINT OF BEGINNING. Election Officials: Jack Gresham , Presiding Judge , Alternate Presiding Judge Nadine Jones e ORDINANCE NO. 95- 2016 e Page 8 Early voting Place: La Porte City Hall 604 West Fairmont Parkway La Porte, Texas 77571 section 4. Voting at said election, including early voting, shall be by the use of voting machines, and the ballots of said election shall conform to the Texas Election Code, as amended. section 5. An Early Voting Ballot Board is hereby created to process Early Voting results for the election and the runoff election, if necessary. C. David Young is appointed Presiding Judge of the Early Voting Ballot Board. At least two (2) other members of the Early Voting Ballot Board shall be appointed by the Presiding Judge, in the same manner as the precinct election clerks. Early Voting by personal appearance shall begin on the 20th day and shall continue through the 4th day preceding the day of election. Early Voting by mail shall begin on the 45th day preceding the date of the election, or as soon thereafter as ballots are available, and shall continue until seven o'clock (7:00) P.M. on election day. namely, Early Voting shall be conducted by a clerk for Early Voting, Cherie Black , and the place at which the Early 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. Early Voting by personal appearance shall be conducted on the weekdays of the early voting period and during the hours that the City Secretary's main business office is regularly open for business. section 6. The Council Conference Room of the La Porte City Hall is hereby designated as the Central Counting station to receive all ballots cast at said election, and,Sue Lenes is hereby . ORDJ:NABCE NO. 95- 2016 e paqe 9 appointed the Presiding Judge for said Central Counting station. said Judge shall appoint any clerks necessary to assist in receiving ballots and other records and in performing the other duties of said Judge in this regard. The City Manager is hereby authorized and directed to obtain, or cause to be obtained, the necessary electronic tabulating equipment, to arrange for the testing thereof as provided by law and to employ a duly qualified manager and a duly qualified tabulation supervisor to perform the duties respectively imposed on them by law with respect to the processing and tabulation of ballots at the Central Counting station. Section 7. 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 early 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 8. 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 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 9. Upon a candidate tendering his application on the form prescribed, the City 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 10. Each candidate for the office of Councilperson must be a resident elector of the City. Each candidate for the . e ORD:IHAHCE HO. 95- 2016 Page 10 office of District councilperson must also be a resident of the district for which he files. section 11. The deadline for a candidate to make application to have his name appear upon the ballot for such election, is hereby designated and established as 5:00 o'clock P.M., Wednesday, March 22, 1995. No application shall be accepted for filing prior to February 20, 1995. 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 Home Rule Charter, Article 2.04 c.3. section 12. 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 13. Immediately after said election, the officers holding the same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the City Council of the City of La.Porte, and the City Council shall canvass said returns at the earliest practicable time, and shall, immediately after canvassing the returns, declare the results of the election. The Mayor shall immediately thereafter deliver to the candidate for whom the majority of votes has been polled for each respective office, a certificate of election. Such elected officials shall assume their duties within ten (10) days thereafter, sundays, excluded, upon their taking the oath of office. . ORDINANCE NO. 95- 2016 . Page 11 section 14. 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 ineffective, 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 15. This Ordinance shall be in effect immediately upon its passage and approval. section 16. 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, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which 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 13th day of February, 1995. BY: ATTEST: ;{; ~r Sue Lenes, Ci- y ~ary APa;D~L Knox W. Askins, City Attorney