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Home My WebLink AboutOrd. 1969-838 - order election for railroad . '~ . ORDINANCE NO. ' ' , " 838 .' ..;:::./ AN ORDINANCE FINDING THAT A PROPER REFERENDUM PETITION HAS BEEN:FILED ON'ORDINANCE NO. 836; DECLINING TO REPEAL SAID ORDINANCE; CALLING A REFERENDUM ELECTION FOR JANUARY 10, 1970; PROVIDING FOR NOTICE THEREOF AND THE MANNER OF HOLDING SUCH ELECTION; PROVIDING A SAV.INGS CLAUSE,; AND PROVIDING AN EFFEC- TIVE DATE HEREOF. BE' IT ORDAINED BY THE, CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. The City Commission of the City of La Porte has heretofore enacted Ordinance No. 836, on November 17, 1969. Ordinance No. 836 is an ordinance which is subject to a refer- endum under the terms of the Home Rule Charter of the City of La Porte. Within twenty (20) days after the enactment of such ...' ordinance, a petition s~gned by qualified electors of the City equal in number to at least fifty (50) percentum of the number of votes Cast at the last preceding 'regular municipal election I' has been filed with the City Clerk, requesti~g that Ordinance No. 836 be either repealed or submitted to a vote of the electors. Secti'on 2. The City Clerk of the City of La Porte has certified said referendum petition as sufficient and in full compliance with the applicable provisions of the Home Rule Charter of the City of La Porte. Section 3. The City Commission has received said ". certified referendum petition from the City Clerk, and has proceeded to consider such petition. The City Commission has reconsidered Ordinance No. 836, and has taken a final vote upon the question, "Shall the ord,inance in the r~ferendum petition be ;r.~pealed," and the City Commission of the City of La Porte hereby determines that such ordinance shall not be repealed, and that said referred ordinance shall be sub- mitted to the electors at a special election on Saturday, January 10, 1970, a date not less than thirty (30) days nor more than sixty (60) days from the date of passage of this ordinance. '.,.., " . . Ordinance No. fJ38 , Page 2. . Section 4. The ballot title for such election has been prepared by the City Attorney of the City of La Porte, and shall consist of the caption of said Ordinanc~ No. 836, to-wit: "ORDINANCE NO. 836 '. "AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYS IN BLOCKS SIX HUNDRED NINETEEN (619), SIX HUNDRED FORTY-TWO (642), SIX HUNDRED FIFTY-FIVE (655), SIX HUNDRED SEVENTY-EIGHT (678), AND A PORTION OF BLOCK SIX HUNDRED NINETY-ONE (691), TOWN OF LA PORTE; AND ALSO VACATING, ABANDONING AND CLOSING THOSE PORTIONS OF WEST ADAMS STREET, WEST TYLER STREET, MADISON STREET, NORTH "E" STREET, AND NORTH "F" : STREET, ALSO KNOWN AS CREST LANE, BETWEEN THE WEST RIGHT OF WAY LINE OF NORTH 18TH STREET AND THE EAST RIGHT OF WAY LINE OF NORTH 19TH STREET, TOWN OF LA PORTE; RESERVING EASEMENTS FOR HOUSTON NATURAL GAS CORPORATION AND THE CITY OF LA PORTE; REQUIRING A CONTRACT BETWEEN THE CITY AND SOUTHERN PACIFIC COMPANY; AND PROVIDING AN EFFECTIVE DATE HEREOF." Below the ballot title on the voting machine shall be the followi~g:two propositions, to-wit: "FOR THE ORDINANCE" "AGAINST THE ORDINANCE" If said referred ordinance is not approved by a majority of the electors voti~g thereon, the same shall thereupon be deemed repealed. Section 5. Such referendum election shall be held . within the corporate limits of the City of La Porte, Texas, as the same exists on the 10th day of January, 1970; such election shall be held between seven o'clock (7:00) A.M.)and seven o'clock (7:00) P.M., and the City Commission of the City of La Porte hereby designates and establishes all of the area encompassed within the corporate limits of the City of La Porte, as one election precinct for this election, and the City Hall of the City of La Porte is designated as the one polling place for such' election. Section 6. Arbela Ralston is hereby appointed Presidi~g Judge of said election, and .. Isadora Jenkins is hereby appointed Alternate Presiding Judge of said election. The maximum number of clerks which . . Ordinance No. 838 , Page 3. '.- may be appointed to serve at said election is three (3), who shall be selected by the Presiding Judge or the Alternate Presiding Judge, as the case may be. Section 7. Absentee voting by personal appearance shall begin on the 20th day and shall continue through the 4th day preceding the day of the election. Absentee voting shall be conducted by the City Clerk at the same place as provided in Section 5 hereof. Voting machines shall be used for the casting' of absentee votes at such election. The City Clerk shall. not permit anyone to vote absentee by personal appear- -.,. ance on any day which is not a regular working day for the Clerk's office, or at any time when the Clerk's office is not I open to the public. The City Clerk of the City of La Porte is hereby authorized and directed to appoint deputy absentee balloti~g clerks, as necessary. Section '8. Immediately after the close of the polls on the 10th day of January, 1970, the election officials shall make due return thereof to the City Commissio~ of the City of La Porte, and the City Commission shall canvass said returns at the earliest practicable time, and shall, immediately after canvassing the returns, declare the results -. of the election. Section 9. Notice of said election shall be given by publication in theta Porte-Bayshore Sun, not less than twenty (20) days prior to the date of the said election, of the following notice: "NOTICE OF ELECTION liThe City Commission of the City of La Porte does hereby order that an election be held in the City of La Porte, Texas, on the lOth day of January, ~970, fo~ the purpose of referring to the electors for their approval or disapproval, Ordinance No. 836, passed and approved by the City Commission of the City of La Porte on November 17, 1969, the caption of which ordinance reads as follows, to-wit: :. 'AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYS IN BLOCKS SIX HUNDRED NINETEEN (619), SIX HUNDRED FORTY-TWO (642), SIX HUNDRED FIFTY-FIVE (655), :'.'....,;.." -, . ',. ':. ---= . . Ordinance No. 838 , Page 4. SIX HUNDRED SEVENTY-EIGHT (678), AND A PORTION OF BLOCK SIX HUNDRED NINETY-ONE (691), TOWN OF LA PORTE; AND ALSO'VACATING, ABANDONING AND CLOSING THOSE POR- TIONS OF WEST ADAMS STREET, WEST TYLER STREET, MADISON STREET, NORTH "E" STREET, AND NORTH "F" STREET, ALSO KNOWN AS CREST LANE, BETWEEN THE WEST RIGHT OF WAY LINE OF NORTH 18TH STREET AND THE EAST RIGHT OF WAY LINE OF NORTH 19TH STREET, TOWN OF LA PORTE; RESERVING EASEMENTS FOR HOUSTON NATURAL GAS CORPORATION AND THE CITY OF LA PORTE; REQUIRING A CONTRACT BETWEEN THE CITY AND SOUTHERN PACIFIC COMPANY; AND PROVIDING AN 'EFFECTIVE DAT~. HEREOF.' "Said election shall be held at the City Hall in said city between seven o'clock (7:00) A.M. and seven o~cilock (7:00) P.M. on said date, and the following named persons are the appointed officials of said' election, to-wit: "Presidi!lg Ju~ge Arhp.l::J R::Jlston "Alternate Presiding Ju~ge Ts~d6~~ J~rikiris' , , .... "Absentee voting by personal appearance shall begin on the 20th day and shall continue through the 4th day preceding the day of the election ~nd shall be conducted at the City Hall of the City of La Porte, between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M., except on Saturdays, Sundays, and l~gal hOlidaYs.~ ~J! " H. P. P E,IE ER, MAYOR Pro-lern City of La Porte, Texas" and further notice of said election shall be given by posting a copy of this ordinance at the City Hall for thirty (30) days next precedi~g said election. Section '10. The City Clerk is hereby authorized and directed to, give notice of said election in accordance with Section 9 hereof. Section 11. 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 , governi~g, general and municipal elections, so far as same may be applicable thereto. Section,12. Each and every provision, par~graph, sentence and clause of this Ordinance has been separately considered and passed by the City Commission of the City of La Porte, Tex~~, and each said provision would have been separately passed without any other provision, and if any ~.' , ',~-", . ..,... , ; ._,~ ,~. :It . Ordinance No. lnll , p~ge 5. provision hereof shall be ineffective, invalid or unconstitu- tional, for any ~ause, 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. PASSED AND APPROVED this the 1st day of December, A.D. 1969. ~ "\ ~... :">-J.. C\ ~ ~c ..~' ,:,;. CITY OF LA PORTE ,..';'1;0' - " "!" .~ , ~ ~ ',o"T ~ t"~ .' "=-:;;;. fIli . ~~fn'" By " ':",-!," "" ./ ~: " tt/. ~ty Attorney 4k