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HomeMy WebLinkAboutO-2005-2804 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested. Januarv 24, 2004 Requested By: K. Askms Appropriation Source of Funds: Date: Legal Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ct.A.J Amount Requested: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Attached for your consideration is the ordinance calling for the regular Annual election of the City of La Porte to be held on May 7, 2005, and calling for a Run-Off Election, if necessary. Action ReQuired bv Council: Approve Ordinance calling General and possible Run-Off Elections. Approved for Citv Council A!!enda !-f2-D5 Date 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 CLARK T. ASKINS November 18, 2004 Ms. Martha A. Gillett City Secretary City of La Porte City Hall La Porte, Texas TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 KWASKINS@AOL.COM JOHN-A@SWBELL.NET CTASKINS@SWBELL.NET Re: Agenda Request for January 24, 2005, Meeting. Dear Martha: I enclose herewith form of ordinance calling the regular annual election of the City of La Porte. The schedule for the annual election, the dates of which are established by the Texas Election Code, are as follows: Filing begins: Filing deadline: Early voting begins: Early voting Saturday: Early voting ends: Election date: Canvass election: Runoff election, if necessary: KWA: sw Enclosure Monday, February 7, 2005 5:00 p.m., Monday, March 7, 2005 Wednesday, April 20, 2005 Saturday, April 23, 2005 Tuesday, May 3, 2005 May 7, 2005 Special meeting of City Council on Monday, May 16, 2005 Saturday, June 11, 2005 Yours very truly, ;);/~~ Knox W. Askins City Attorney City of La Porte ORDINANCE NO. 200S-~~04 AN ORDINANCE CALLING 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. An election shall be held within the corporate limits of the city of La Porte, Texas, on the 7th day of May, 2005, such day being the first Saturday in May, 2005, 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 B, for a 3 year term Councilperson--District 1, for a 3 year term Councilperson--District 6, for a 3 year term A run-off election, if necessary, shall be held on Saturday, June 11, 2005, 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 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 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 westi THENCE east along Meadow Place to the west boundary line of the La Porte Airporti THENCE north along the west boundary line of the La Porte Airport to the north boundary line of the La Porte Airporti THENCE east along the north boundary line of the La Porte Airport and continue to project east along this same line to Sens Roadi THENCE north along Sens Road to the Union Pacific Railroadi THENCE west along the Union Pacific Railroad to Underwood Road the POINT OF BEGINNING. Election Officials: Joe..e..na Vav-u' , Presiding Judge Me1.ody EUe..dge.. , 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 HighwaYi THENCE west along Spencer Highway to the west La Porte City Limit Line west of Luella Blvdi THENCE south along the west La Porte city Limit Line to Fairmont ParkwaYi THENCE east along Fairmont Parkway to Underwood Rdi THENCE north along Underwood Rd. to Spencer Highway the POINT OF BEGINNING. Election Officials: JM.eM Dew)}.. Me1.ody EUe..dge.. , Presiding Judge , Alternate Presiding Judge 2 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 Officials: Joe.e.na. Vav"u Muody EUe.dge. , Presiding Judge , Alternate Presiding Judge Election Precinct #4 Polling Place: La Porte High School Student Center 301 East Fairmont Parkway La Porte, Texas 77571 Boundaries: 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; 3 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 "E" St.; THENCE northeasterly along East "E" 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 Officials: . MMif Ann T ~neJt , Presiding Judge - NOfWla Re.pman Alternate Presiding JUdge Election Precinct #5 Polling Place: La Porte High School Student Center 301 East Fairrnont Parkway La Porte, Texas 77571 4 Boundaries: 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.; 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) ; 5 THENCE north along South Broadway to the southern city Limit Line of city of Shoreacres being the POINT OF BEGINNING. Election Officials: , Presiding Judge Malted Ann T JuUneJt NOJuna Re.y.)man , Alternate Presiding Judge Election Precinct #6 Baker School (Entry Area) 6000 West Main Street (West Main street/at Underwood - enter off Spencer/Main) La Porte, Texas 77571 polling Place: 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. 6 Election Officials: Joe..e..n.a. Va.v16 , Presiding Judge M~j'ody Elle..dge.. , Alternate Presiding Judge Early Voting Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 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. pe..ggy Holla.nd 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, MaJ1.j:ha. A. Gil-left , 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 7 ballot applications and ballots voted by mail may be mailed. 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, April 23, 2005, 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 8 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 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 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. Each candidate for the office of District Councilperson must be a resident elector of the City, and must also be a resident of the district for which he files. 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 0' clock P. M., Monday, March 7, 2005. No application shall be accepted for filing prior to Monday, February 7, 2005. 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 9 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 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 May 16, 2005, 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. 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. 1.0 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 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 24th day of January, 2005. CIJ\Y OF LA ~TE ~:I-f~ Alton E. Porter, Mayor By: ATTEST: ~(j)iiJijr f/1d Mart a A. Gillet City Secretary APPROVED; /' . ' ~v'-l71/(' ~i'?7t4- Knox W. Askins City Attorney 11 ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW 702 W. F"AIRMONT PARKWAY P.O. BOX 1218 LA PORTE, TEXAS 77572-1218 CLARK T. ASKINS TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 KWASKINS@AOL.COM JOHN-A@SWBELL.NET CTASKINS@SWBELL.NET KNOX W. ASKINS JOHN D. ARMSTRONG November 18, 2004 Mr. Danny sno~ Attorney ~/Law 1155~~qua, suite Ho~on, TX 77034 490 Re: San Jacinto College District Election - 2005 Dear Danny: In connection with the joint election on May 7, 2005, among the City of La porte, La Porte Independent School District, and San Jacinto College District, I enclose herewith a copy of my agenda request to the City of La Porte, showing the schedule of dates for the election. Please let me know if I can be of further assistance. ~r$ very truly, ,(Y,A .~ W. Askins KWA: sw Encloprre cc: ~~~ Martha A. Gillett City Secretary city of La Porte city Hall La Porte, Texas (YjAR.-r/..}A G. ASKINS & ARMSTRONG, P.C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 LA PORTE, TEXAS 77572-1218 CLARK T. ASKINS TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 E-MAIL: kwaskinst1ilaol.com iohn-at1ilswbell.net ctaskinst1ilswbell.net KNOX W. ASKINS JOHN D. ARMSTRONG November 18, 2004 Ms. Jean W' ams Adminis tive Assistant to Superintendent La P e Independent School District 30 ast Fairmont Parkway Porte, TX 77571 j )~' , ...... (j and via em ail williamsilWlpisd.ora Re: 2005 Election for Board of Trustees Dear Jean: I enclose as an e-mail attachment, a proposed resolution for LPISD Board of Trustees, to call its 2005 election. The schedule for the annual election, the dates of which are established by the Texas Election Code, are as follows: Filing begins: Monday, February 7,2005 Filing deadline: 5:00 p.m., Monday, March 7, 2005 Early voting begins: Wednesday, April 20, 2005 Early voting Saturday: Saturday, April 23, 2005 Tuesday, May 3, 2005 Early voting ends: Election date: May 7, 2005 Canvass election: Special meeting of Board of Trustees on Monday May, 16 or Tuesday May 17, 2005 This Resolution should be placed on the School Board agenda for Tuesday, January 25, 2005. LPISD November 18, 2004 Page 2 Please call if you have any questions. Yours very truly, /~Jt:;/z';L' L./" Knox W.Askins KW A:sw Enclosure Cc: vMs. Martha Gillett City Secretary City of La Porte 604 West Fairmont Parkway La Porte, TX 77571