HomeMy WebLinkAboutO-2004-2735
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ORDINANCE NO. 2004- ~n 3$
AN ORDINANCE CALLING A SPECIAL ELECTION OF THE CITY OF LA PORTE TO
FILL THE UN-EXPIRED TERM OF MAYOR, CALLING A RUN-OFF ELECTION, IF
NECESSARY, DESIGNATING ELECTION PRECINCTS AND POLLING PLACES,
PROVIDING FOR THE USE OF ELECTRONIC 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:
Sect ion 1 .
A special election shall be held within the
corporate limits of the City of La Porte, Texas, on the 24th day
of July, 2004, between seven o'clock (7:00) A.M. and seven o'clock
(7: 00) P. M., for the purpose of electing a Mayor for a term
expiring May, 2006.
A run-off election, if necessary, shall be held on Saturday,
August 28, 2004, 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-wit:
Election Precinct #1
Polling Placea
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
.. La Porte, Texas 77571
Boundaries a
BEGINNING at the intersection of the Union Pacific Railroad
and "Old" Underwood Road;
THENCE south along Underwood Road to the north boundary line
of the Creekmont subdivision;
THENCE east along the north boundary line of the Creekmont
subdivision to Big Island Slough;
THENCE south along Big Island Slough to Meadow Place as
projected west;
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THENCE east along Meadow Place to the west boundary line of
the La Porte Airport;
THENCE north along the west boundary line of the La Porte
Airport to the north boundary line of the La Porte Airport;
THENCE east along the north boundary line of the La Porte
Airport and continue to project east along this same line to
Sens Road;
THENCE north along Sens Road to the Union Pacific Railroad;
THENCE west along the Union Pacific Railroad to Underwood
Road the POINT OF BEGINNING.
Election Officials:
Joenna DAYi s
"to
, Presiding Judge
Melody Elledge
, Alternate Presiding Judge
Election Precinct #2
Polling Place:
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Underwood Rd. and Spencer
Highway;
THENCE west along Spencer Highway to the west La Porte City
Limit Line west of Luella Blvd;
THENCE south along the west La Porte City Limit Line to
Fairmont Parkway;
THENCE east along Fairmont Parkway to Underwood Rd;
THENCE north along Underwood Rd. to Spencer Highway the POINT
OF BEGINNING.
Election Officials:
Joenna Davis
, Presiding Judge
, Alternate Presiding Judge
Melody Elledge
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Election Precinct #3
Polling Place:
Baker School (Entry Area)
6000 West Main street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Underwood Road and the north
boundary line of the Creekmont subdivision;
THENCE south along Underwood Road to Fairmont Parkway;
THENCE east along Fairmont Parkway to Big Island Slough;
THENCE north along Big Island Slough to Spencer Highway;
THENCE east along Spencer Highway to Glen Meadows Drive as
projected south;
THENCE north along Glen Meadows Drive to Meadow Place;
THENCE west along Meadow Place, as proj ected west to Big
Island Slough;
THENCE north along Big Island Slough to the north boundary
line of the Creekmont subdivision;
THENCE west along the north boundary of the Creekmont
subdivision to Underwood Road the POINT OF BEGINNING.
Election Officialsl
Joer:U:lil Ci'lh
, Presiding Judge
Mplnrly Fllprlgp
, Alternate Presiding Judge
Election Precinct #4
Polling Placel
La Porte High School Student Center
301 East Fairmont Parkway
La Porte, Texas 77571
Boundaries I
BEGINNING at the intersection of the Union Pacific Railroad
and Sens Road;
THENCE south along Sens Rd. to the north boundary of the La
Porte Airport as projected east;
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THENCE west along the projected north boundary line of the La
Porte Airport to the east boundary line of the Airport;
THENCE south along the east boundary line of the La Porte
Airport to Spencer Highway;
THENCE east along Spencer Highway to the Union Pacific
Railroad;
THENCE south along the Union Pacific Railroad to Fairmont
Parkway;
THENCE east along Fairmont Parkway to South Broadway (Old Hwy
146) ;
THENCE north along South Broadway to East "G" St.;
THENCE northeasterly along East "G" st. to South Iowa;
THENCE northwesterly along South Iowa to East "F" St.;
THENCE northeasterly along East "F" St. to South Ohio;
THENCE northwesterly along South Ohio to East "En st.;
THENCE northeasterly along East "En St. to the northeast La
Porte City Limit Line;
THENCE northwesterly along the northeast La Porte City Limit
Line to North "E" st.;
THENCE west along North "E" st. to North Blackwell;
THENCE north along North Blackwell to Barbours cut Blvd.;
THENCE west along Barbours Cut Blvd. to North Broadway;
THENCE north along North Broadway to Union Pacific Railroad;
THENCE west along the Union Pacific Railroad to Sens Rd. the
POINT OF BEGINNING.
Election Officialsl
MaryAnn Tra i npr , Presiding Judge
Betty Mnnrp & Amanrlt'l Trt'linpY' , Alternate presiding Judge
Election Precinct #5
Polling Placel
La Porte High School Student Center
301 East Fairmont Parkway
La Porte, Texas 77571
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Boundaries I
TRACT ONE
BEGINNING at the intersection of East "E" st. and the
northeast La Porte City Limit Line;
THENCE southeasterly along the La Porte City Limit Line to
the shoreline of Galveston Bay;
THENCE southerly along the shoreline of Galveston Bay to the
southern La Porte City Limit Line and the northern Shoreacres
City Limit Line;
THENCE west along the southern La Porte City Limit Line to
the west right-of-way line of State Highway 146;
THENCE north along the west right-of-way line of state
Highway 146 to McCabe Rd.;
THENCE west along McCabe Rd. to Union Pacific Railroad;
THENCE north along Union Pacific Railroad to Fairmont
Parkway;
THENCE east along Fairmont Parkway to South Broadway (Old Hwy
146) ;
THENCE north along South Broadway to East "G" st. ;
THENCE northeasterly along East "G" st. to South Iowa;
THENCE northwesterly along South Iowa to East "F" St. i
THENCE northeasterly along East "F" St. to South Ohio;
THENCE northwesterly along South Ohio to East "E" St. ;
THENCE northeasterly along East "E" st. to the northeast La
Porte City Limit Line the POINT OF BEGINNING.
TRACT TWO
BEGINNING at the intersection of South Broadway (Old Hwy 146)
and the City of Shoreacres southern City Limit Line;
THENCE east along Shoreacres southern City Limit Line to the
shoreline of Galveston Bay;
THENCE southerly meandering the shoreline of Galveston Bay to
the southernmost La Porte city Limit Line;
THENCE west along the southernmost City Limit Line to South
Broadway (Old Hwy 146);
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THENCE north along South Broadway to the southern city Limit
Line of City of Shoreacres being the POINT OF BEGINNING.
Election Officialsl
Mary .(\RR TraiRsr ' Presiding Judge
Betty Mnnrp & Am;!nn;! Tr;!;nE'r' , Alternate Presiding Judge
Election Precinct #6
Polling Placel
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Big Island Slough and
Spencer Highway;
THENCE south along Big Island Slough to Fairmont Parkway;
THENCE east along Fairmont Parkway to the Union Pacific
Railroad;
THENCE north along the Union Pacific Railroad to Spencer
Highway;
THENCE west along Spencer Highway to the east boundary line
of the La Porte Airport;
THENCE north along the La Porte Airport east boundary line to
the north boundary line of the airport;
THENCE west along the La Porte Airport north boundary line to
the west boundary line of the airport;
THENCE south along the west boundary of the La Porte Airport
to Meadow Place as projected east;
THENCE west along Meadow Place to Glen Meadows Dr.;
THENCE south along Glen Meadows Dr. and as projected south to
Spencer Highway;
THENCE west along Spencer Highway to Big Island Slough the
POINT OF BEGINNING.
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Election Officialsl
Jnpnn~ n~vi~
, Presiding Judge
, Alternate Presiding Judge
La Porte City Hall (Council Chambers)
604 West Fairmont Parkway
La Porte, Texas 77571
Melody Elledge
Early Voting Placel
Section 3. 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 4. An Early Voting Ballot Board is hereby created to
process Early Voting results for the election and the runoff
election, if necessary. Peggy Holland 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 17th
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.
Early Voting shall be conducted by a clerk for Early voting,
namely, Martha A. Gill~tt
, 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.
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Early voting by personal appearance shall begin on the 17th day
and continue through the 4th day preceding the day of election.
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, and on Saturday, July 10, 2004, from 8:00 a.m. to 5:00
p.m.
section 5. The City Secretary's election office in the La
Porte City Hall is hereby designated as the Central Counting
station to receive all ballots cast at said election, and Martha
A. Gillett is hereby appointed the Presiding Manager for said
Central Counting Station. Said Manager shall appoint any clerks
necessary to assist in receiving ballots and other records and in
performing the other duties of said Manager 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 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 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.
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section 7. The City Secretary of the City of La Porte shall
forthwith issue Notice of said election 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 8. 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 9. Each candidate for the office of Mayor must be a
resident elector of the City.
Section 10. 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,
June 23, 2004. No application shall be accepted for filing prior
to Monday, May 24, 2004. 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 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 governing general
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and municipal elections, so far as same may be applicable thereto.
Section 12. 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 on Monday, August 2, 2004, and
shall, immediately after canvassing the returns, declare the
results of the election. The Mayor Pro-Tem shall immediately
thereafter deliver to the candidate for whom the majority of votes
has been polled 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.
Section 13. 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 14. This Ordinance shall be in effect immediately
upon its passage and approval.
section 15. 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
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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 loth day of May, 2004.
. ATTEST: e!:t
~~ (I WJ)
Ma th A. Gillett
City Secretary
APP~~
Knox . Askins
City Attorney
~.
By :...-,rayor o-T~m .
~-t( [. br,'-r:r;:.Jl3
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
.JOHN D. ARMSTRONG
May 3, 2004
TELEPHONE 281 471-1886
TELECOPIER 281 471'2047
KWASKINSOAOL.COM
.JOHN-AOSWBELL.NET
CTASKINS@SWBELL.NET
CLARK T. ASKINS
Hon. Mayor Pro-Tern
and City Council
City of La Porte
City Hall
La Porte, Texas
ReI Special Election to Fill the Office of Mayor
Gentlemen:
I enclose proposed ordinance calling a special election to fill the
un-expired term of Mayor, for the May 10, 2004, City Council
agenda.
The Texas Election Code provides for shorter deadlines for special
elections. The schedule of dates for this election would be as
follows:
Filing begins:
Filing deadline:
Early voting begins:
Early voting Saturday:
Monday, May 24, 2004
5:00 p.m., Wednesday, June 23, 2004
July 7, 2004
Saturday, July 10, 2004
Election date:
Saturday, July 24, 2004
Canvass election:
Special meeting of City Council on
August 2, 2004.
Runoff election,
if necessary:
Saturday, August 28, 2004
In the event a member of City Council wishes to run for the office
of Mayor, I am requesting that you resign from Council after the
May 10, 2004, meeting, so that we can do an ordinance calling a
special election for the un-expired term of your Council seat, on
the same election schedule, such ordinance to be presented to City
Council at its meeting of Monday, May 24, 2004.
Y~trUIY'
Knox W. Askins
City Attorney
City of La Porte
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Enclosure
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