The URL can be used to link to this page

Home My WebLink AboutO-1958-531r ~ • • ORDINANCE N0. 531 AN ORDINANCE PROVIDING FOR AN ELECTION TO BE HELD APRIL 22, 1958, FOR THE ELEC- TORS OF THE CITY OF LA PORTE, TEXAS, TO ACCEPT OR REJECT PROPOSED AMENDMENTS TO THE CITY CHARTER OF SAID CITY PROVIDING FOR A CITY COMMISSION COMPOSED OF A MAYOR AND FOUR (4) COMMISSIONERS; PROVIDING FOR DECLARING THE TWO (2) CANDIDATE FOR COMMISSIONER RECEIVING THE THIRD AND FOURTH HIGHEST NUMBER OF QUALIFIED VOTF AT A REGULAR CITY ELECTION ON APRIL 22, 1958, TO BE DECLARED ELECTED; PROVIDING THAT THE FOUR (4) POSITIONS OF THE COMMISSIONERS ON THE CITY COMMISSION SHALL BE NUMBERED ONE (1), TWO (2), THREE (~) AND FOUR (4) AND THEREAFTER THAT THE CANDI- DATES FOR CITY COMMISSION SHALL BE VOTED ON AND ELECTED SEPARATELY FOR POSITION` ON SAID CITY COMMISSION AND THAT ALL CANDIDATES SHALL BE DE5IGNATED ON THE OFFI- CIAL BALLOT ACCORDING TO THE NUMBER OF SUCH POSITIONS TO WHICH THEY 5EEK ELEC- ~TION; PROVIDING THAT VACANCIES ON THE CITY COMMISSION SHALL BE FILLED BY APPOIN9 ~MENT OF THE MAJORITY VOTE OF THE REMAINING MEMBERS OF THE COMMISSION AND PROVID] THAT A CITY COMMISSIONER MAY BE APPOINTED TO THE OFFICE OF MAYOR BY THE MAJORITI VOTE OF ALL OF THE OTHER COMMISSIONERS. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORT E, TEXAS, THAT: Section 1. An election shall be held in and throughout the City of La Porte, Harris County, Texas, on the 22d day of April, .1958, at which election there shall be submitted to the resident qualified electors of the City of La Porte, for their acceptance or rejection of the following amendments to the Home ,Rule Charter of the City of La Porte, Texas, to-wit: AMENDMENT N0. 1 Article I, Section 3, of the Home Rule Charter of the City of La ',Porte, Texas, shall be amended so that the same shall hereafter read as follows; "Section 3. Form of Government: The governing body of the City of • La Porte shall be a Commission composed of the Mayor and four (4) Commissioners, to be known as the City Commission of the City of La Porte. The members of the ,City Commission shall be elected from the City of La Porte at large in the manna prescribed elsewhere in this Charter. As hereinafter used in the Charter, the words City Commission shall be construed to mean a Mayor and four (4) Commission ers. Pursuant to its provisions and subject only to the limitations imposed by ~ the State Constitution and by this Charter, all powers of the City shall be vest d in the elected City Commission, which shall enact local legislation, adopt bud- gets, determine policies and execute the laws and administer the government of the City. All powers of the City shall be exercised in the manner prescribed b~~ this Charter or if the manner be not prescribed then in such manner as may be prescribed by ordinance." • • • -2- AMENDMENT N0. 2 Article II, Section 12, of the Home Rule Charter of the City of La Porte, Texas, shall be amended so that the same shall hereafter read as follows: "Section 12. City Commission, Number, Selection, Term: The members of the City Commission of the City of La Porte shall hold their offices for a term of two (2) years, and until their successors have been elected and duly qua- lified. After the regular City Election to be held on the fourth Tuesday in • • April, 1958, the City Commission shall be composed of a Mayor and four (~1) Com- missioners and thereafter a Mayor and four (4) Commissioners shall be elected i on the fourth Tuesday in April, every two (2) years. At the first regular meet-~ I ing of the City Commission after the votes have been canvassed and the results of the regular City Election on the fourth Tuesday in April, 1958, have been de- clared, the two (2) candidates for the office of Commissioner receiving the thir I and fourth highest number of qualified votes at such election shall be declared elected and shall serve as Commissioners, upon qualifying as required by law. If, at the said election on the fourth Tuesday in April, 1958, there are less than four (4) candidates for the- office of City Commissioner, then after the re- sults of such election have been declared, the City Commission shall fill the vacancy or vacancies, as the case may be, by appointing a qualified voter or voters residing in the City and having the proper qualifications. Thereafter, in the election of the Commissioners, the four (4) candidates receiving the high est number of qualified votes shall be declared elected, and there shall be no run-off elections; in the election of a Mayor, the candidate receiving the high- est number of qualified votes shall be declared elected and there shall be no run-off elections. In the event the election of a Mayor or a Commissioner canno be determined because of a tie vote, the City Commission shall call a Special ! Election within thirty (3D) days to determine the winner between the candidates receiving such tie vote and the candidate receiving the highest number of quali- fied votes in such Special Election shall be declared elected. The four (4) pos - tions of the Commissioners on the City Commission shall be numbered One (1), Two (2), Three (3) and Four (4), and at the first regular meeting of the City Commis pion after the results of the regular City Election on the fourth Tuesday in , f 1 -3- n April, 1958, have been declared, the four (4) Commissioners elected or appointed as the case may be, shall determine by lot the number of the position of each ,Commissioner. In all subsequent elections all candidates far City Commissioner ,,shall be voted on and elected separately for positions on said City Commission !,,and all candidates shall be designated on the official ballot according to the I~;number of such positions to which they seek election." AMENDMENT N0. 3 • t Article II, Section 15, of the Home Rule Charter of the City of La Porte, Texas, shall be amended so that the same shall hereafter read as follows: "Section 15. Vacancies in City Commission: A vacancy in the office Hof City Commissioner shall be filled by a qualified voter residing in the City and having the proper qualifications, appointed by a majority vote of the remain ing members of the Commission. A vacancy in the office of the Mayor shall be filled by a qualified voter residing in the City and having the proper qualifiea tions, appointed by a majority vote of the remaining members of the Commission, provided that a City Commissioner may be appointed to the office of Mayor by the majority vote of all the other Commissioners. When vacancies occur so that ther is less than a majority remaining on the City Commission, then a Special Electio I shall be called by the remaining members of the City Commission within forty- five (45) days and all vacancies filled in the same manner as herein provided for General Elections; provided, however, if such vacancies occur within ninety ~I j(90) days of a General Election, then no Special Election shall be called." Section 2. Said election shall be conducted and held at the City Hal ~~in the City of La Porte, Harris County, Texas, (all of said City being included (~in one (1) election precinct) and the following named persons are hereby appoin- Ilted officers to conduct said election: Judge - Mrs. H. M. Ralston Assistant Judge - Mrs. Otis Harrison Mrs. Calvin Compton Clerk Mrs. J. M. Higgins Clerk • Mrs. Rex Baker Clerk _ _ __ ~_ • • -4- C7 Section 3. Said election shall be held in accordance with the pro- visions of the Constitution and the laws of the State of Texas and only duly qua- Ilified resident electors of the City of La Porte, Harris County, Texas, shall be qualified to vote at such election. Section 4. The ballot for said election shall conform to Chapters b hand 7 of the Election Code of the State of Texas, Acts of the 52nd Legislature, (page 1095, Chapter 492, 1951 (Vernon's Annotated Texas Statutes, Election Code, (,Article 6.01 through 6.10 and 7.14 through 7.1-1), as far as applicable. Voting machines shall be used at said election, and the ballots for said election shall have written or printed thereon the following: OFFICIAL BALLOT AMENDMENT N0. 1 FOR amending Article I, Section 3, of the Home Rule Charter of the City of La Porte, to provide that the governing body of the City shall be a Commission composed of the Mayor and four (4) Commissioners. AGAINST amending Article I, Section 3, of the Home Rule Charter of • • the City of La Porte, to provide that the governing body of the City shall be a Commission composed of the Mayor and four (4) Commissioners. AMENDMENT N0. 2 FOR amending Article II, Section 12, of the Home Rule Charter of the City of La Porte, to provide that after the regular election on the fourth Tues- day in April, 1958, the City Commission shall be composed of a Mayor and four (4) Commissioners; that the two (2) candidates for the office of City Commission er receiving the third and fourth highest number of qualified votes at such slat ~tion shall be declared elected and providing that the four (4) positions on the City Commission shall be numbered One (1), Two (2), Three (3) and Four (4) and at all subsequent elections all candidates for City Commissioner shall be voted on and elected separately for positions on said City Commission. AGAINST amending Article II, Section 12, of the Home Rule Charter of the City of La Porte, to provide that after the regular election on the fourth ~ • • -5- Tuesday in April, 1958, the City Commission shall be composed of a Mayor and four (4) Commissioners; that the two (2) candidates for the office of City Com- missioner receiving the third and fourth highest number of qualified votes at `such election shall be declared elected and providing that the four (4) position on the City Commission shall be numbered One (1), Two (2), Three (3) and Four ~~I(4) and at all subsequent elections all candidates for City Commissioner shall Ibe voted on and elected separately for positions on said City Commission. AMENDMENT N0. 3 • F'OR amending Article II, Section 15, of the Home Rule Charter of the City of La Porte, to provide that vacancies on the City Commission shall be filled by appointment by a majority vote of the remaining members and providing .that a City Commissioner may be appointed to the office of Mayor by a majority vote of all of the other Commissioners. AGAINST amending Article II, Section 15, of the Home Rule Charter of t the City of La Porte, to provide that vacancies on the City Commission shall be filled by appointment by a majority vote of the remaining members and providing that a City Commissioner may be appointed to the office of Mayor by a majority vote of all of the other Commissioners. Each voter shall place an "X" or plus sign or cause to be placed an "X" or plus sign, or any other mark that clearly shaves his intention, in the square by the amendment to be entered as his vote on such amendment. Section 5. Notice of said election shall be given by posting a copy • of the notice containing a substantial copy of the Ordinance at the City Hall in the City of La Porte, Texas, and by publication thereof, at least one (1) time in the La Porte Liberal, the official newspaper of the said City of La Porte, the same being a newspaper published in the English language and of general cir- culation within the said City of La Porte, and further that, not less than thin (30) days prior to such election, the City Clerk of said City shall mail a copy of the proposed amendments to every qualified voter in the City of La Porte, • • -6- Texas, as appears from the Tax Collector's rolls for the year ending January 31 ,' 1958. Passed and approved this the 28th day of February, 1958. ~? -t -> .i ~ ~;! H. P. Pfeiffer, yore r -tem City of La Porte, Texas • • `,..,.. ATTEST: -_ ~ ~. I K ~ j t ~% Funk G. Baker, City Clerk • _. _.____.r. -_-._.~._., ..,.~..--..._.__ ~nm ~.... NOTICE OF ELECTION TO AMEND THE CITY CHARTER OF THE CITY OF LA PORTS TEXAS To the duly qualified resident electors of the City of La Porte, Texas, and to all other interested persons: Notice is hereby given that an election will be held in and throughout the City of La Porte, Texas, on the 22nd day of April, 1958, in accordance with the following Ordinance, passed and approved by the-.City Commission of the City of La Porte, Texas, to-wit: ORDINANCE CALLING ELECTION TO AMEND THE CITY CHARTER STATE OF TEXAS ~ i1NTY OF HARRIS ~ .TY OF LA PORTE ~ On this, the 28th day of February, 1958, the City Commission of the City of La Porte, Harris County, Texas, met in regular session, recessed from the regular meeting held on February 21, 1958, at the City Hall, in said City, at 4:30 o`clock, P. M., with the following members thereof present, to-wit: H. P. Pfeiffer, Mayor Pro-tem; L. R. Rigby, Commissioner; with the following members thereof absent, to-wit: None, one Commissioner's office being vacant, the members present constituting a quorum, at ~ieh the following business and proceedings were transacted. Mayor Pro-tem H. P. Pfeiffer introduced a proposed Ordinance No. 531 !'he Ordinance was read in full by Mayor Pro-tem H. P. Pfeiffer. Commissioner L. R. Rigby moved the passage of the Ordinance, the motion was secon- d4d by Mayor Pro-tem H. P. Pfeiffer. The motion carried by the following vote: Commis- sinner L. R. Rigby and Mayor Pro-tem H. P. Pfeiffer voting "Aye", and none voting "No". A true and correct copy of Ordinance No. 531 thus approved is hereto attached and made a part hereof for all purposes. To certify all of which witness my hand this the 28th day of February, 1958. . r' Frank G. Baker, City Clerk, City of La Porte, Texas •~