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HomeMy WebLinkAboutO-2018-3696 Ordering Special Election on May 5, 2018, and amendments to the Home Rule City Charter ORDINANCE NO. 2018-3696 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ORDERING A SPECIAL ELECTION ON A PROPOSED AMENDMENT TO THE LA PORTE, TEXAS, HOME RULE CITY CHARTER TO BE HELD ON MAY 5, 2018, CONCURRENT WITH THE REGULAR MUNICIPAL ELECTION FOR CITY COUNCIL MEMBERS; PROPOSING AN AMENDMENT TO THE CITY OF LA PORTE, TEXAS, HOME RULE CITY CHARTER; PROVIDING FOR THE PUBLICATION AND POSTING OF NOTICE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR PUBLIC NOTICE;AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte, Texas, has on its own motion determined to submit to the qualified voters for adoption or rejection a proposed amendment to the existing Home Rule Charter of the City of La Porte, Texas, pursuant to Section 9.004(a) of the Texas Local Government Code; and WHEREAS, the City Council of the City of La Porte, Texas, hereby calls a special election to allow the voters to determine whether the Charter should be amended as hereinafter set out; and WHEREAS, Section 9.004 of the Texas Local Government Code provides that a charter amendment election shall be held not less than thirty(30) days after the passage of the ordinance calling for charter amendments; and WHEREAS, Section 9.004 of the Texas Local Government Code provides that the charter amendment election shall be held on the first authorized uniform election date prescribed by the Texas Election Code or the earlier of the next general municipal election or the next Presidential election; and WHEREAS, the City of La Porte is holding a general municipal election for election of City Council members on May 5, 2018, which is the earliest available date to hold a special election for consideration of proposed charter amendments. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct legislative findings and are adopted as part of this Ordinance for all purposes. Section 2. That a special election is hereby ordered to be held within the jurisdiction of the City of La Porte, Texas, on the 5th day of May, 2018, pursuant to the laws of the State of Texas and the Charter of the City of La Porte, Texas. Said election shall be held for the purpose of amending the City of La Porte, Texas, Home Rule Charter. Section 3. That said special election shall be held in conjunction with the regularly scheduled City Council election on said same date for the purpose of submitting to the voters of the City of La Porte, Texas, the following proposition for amendment to the Charter of the City of La Porte, Texas. Voting on the date of the election, and early voting therefore, shall be by the use of a lawfully approved voting system. The preparation of the voting equipment to be used in connection with such voting system and the official ballots for the election shall conform to the Texas Election Code, as amended,so as to permit the electors of the City of La Porte to vote "Yes" or "No" for the home rule charter ballot proposition. Said ballots shall have printed therein such provisions, markings, and language as may be required by law; and the proposition shall be set forth on said ballots in substantially the following form and language: Proposition B: Shall Section 2.02 of the La Porte Charter be amended to provide that a candidate for mayor or a council position shall have been a qualified voter of the City for twelve(12)months immediately preceding election day, instead of for twelve(12)months at the time the candidate files for office; and, that a candidate for a district council position shall have been a qualified voter of his or her district for twelve (12) months immediately preceding election day, instead of for twelve (12) months at the time the candidate files for office,to conform the Charter to state law? For Against Section 4. 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: Instructional Technology Center(ITC Building) 9832 Spencer Hwy. La Porte,Texas 77571 Precinct Boundaries: BEGINNING at a point on the east right-of-way line of Underwood Road, said point being the southwest corner of Tract 490B-1, La Porte Outlots, and the northwest corner of Reserve Al, Block 14, Creekmont, Section 2; THENCE in a westerly direction a point for corner on the west right-of-way line of Underwood Road; THENCE in a northerly direction along the west right-of-way line of Underwood Road to its projected intersection with the north right-of-line of State Highway 225; THENCE in a southeasterly direction along the north right-of-way line of State Highway 225 to the southwest corner of Tracts 30A& 30A-1, Strang Subdivision; THENCE in a northerly direction along the west line of Tracts 30A & 30A-1, Tracts 17A & 18, and Tracts 17A-1 & 18A, Strang Subdivision, to a point for corner at the northwest corner of Tracts 17A-1 & 18, Strang Subdivision; THENCE in an easterly direction along the north line of Tracts 17A-1 & 18, Strang Subdivision to a point for corner at the northeast corner of Tracts 17A-1 & 18, Strang Subdivision; THENCE in a southerly direction along the east line of Tracts 17A-1 & 18, Tracts 17A & 18, and Tracts 30A&30A-1, Strang Subdivision to a point for corner at the southeast of Tracts 30A&30A- 1, said point being located on the north right-of-way line of State Highway 225; THENCE in a southeasterly direction along the north right-of-way line of State Highway 225 to its intersection with the centerline of Sens Road; THENCE in a southerly direction along the centerline of Sens Road to its intersection with the centerline of Old La Porte Road; THENCE in a westerly direction along the centerline of Old La Porte Road to the west right-of-way line of Sens Road; THENCE in a southerly direction along the west right-of-way of Sens Road to the centerline of Sens Road; THENCE in a southerly direction along the centerline of Sens Road to the projected northeast corner of Tracts 1A& 1B, La Porte Outlots; THENCE in a westerly direction along the north line of Tracts 1A& 1B, Lot 2, Lot 3, Lot 4, Lots 5 & 6, Lot 7, Lots 8, 13 & 28, and Lots 9, 10, 10-1/2, 11, 11-1/2, 30 & 30-1/2 to the southwest corner of Lots 231 & 232, La Porte Outlots; THENCE in a southerly direction along the east line of Tract 471, La Porte Outlots to a point at the southeast corner of Tract 471, La Porte Outlots; THENCE in a westerly direction along the south line of Tracts 471,Tracts 471D &471D-1 and Tract 471D-2, to the east line of the City of La Porte Municipal Airport; THENCE in a southerly direction along the east line of the City of La Porte Municipal Airport to the centerline of Spencer Highway (West Main Street); THENCE in a westerly direction along the centerline of Spencer Highway (West Main Street) to the centerline of Farrington Boulevard; THENCE in a northerly direction along the centerline of Farrington Boulevard to the centerline of Meadow Place Drive; THENCE in a westerly direction along the centerline of Meadow Place Drive to its projected intersection with the centerline of Harris County Flood Control District Unit No. 8106-00-00, commonly known as Big Island Slough; THENCE in a northerly direction along the centerline of Big Island Slough to the projected north line of the Creekmont Subdivision; THENCE in a westerly direction along the north line of the Creekmont Subdivision to POINT OF BEGINNING of the herein-described District 1 boundary. Election Officials: Barbara Matuszak, Presiding Judge Hector Villarreal,Alternate Presiding Judge Election Precinct#2 Polling Place: Instructional Technology Center (ITC Building) 9832 Spencer Hwy. La Porte,Texas 77571 Precinct Boundaries: BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and a line projected south from the southwest corner of Tract 17K, W.M. Jones Survey, A-482; THENCE in a northerly direction along the west line of Tracts 17K, 17K-1, 17-D, 17E & 17R, and 17M, W.M. Jones Survey, A-482, to its projected intersection with the north right-of-way line of Spencer Highway (West Main Street); THENCE in an easterly direction along the north right-of-way line of Spencer Highway(West Main Street) to its intersection with the projected centerline of Clarksville Road; THENCE in a southerly direction along the centerline of Clarksville Road to its intersection with the centerline of Carlow Lane; THENCE in an easterly direction along the centerline of Carlow Lane to its intersection with the centerline of Underwood Road; THENCE in a southerly direction along the centerline of Underwood Road to its intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to the POINT OF BEGINNING of the herein-described District 2 boundary. Election Officials: Barbara Matuszak, Presiding Judge Hector Villarreal,Alternate Presiding Judge Election Precinct#3 Polling Place: Instructional Technology Center(ITC Building) 9832 Spencer Hwy. La Porte,Texas 77571 Precinct Boundaries: BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and the centerline of Underwood Road; THENCE in a northerly direction along the centerline of Underwood Road to its intersection with the centerline of Carlow Lane; THENCE in a westerly direction along the centerline of Carlow Lane to its intersection with the centerline of Clarksville Road; THENCE in a northerly direction along the centerline of Clarksville Road to its intersection with the north right-of-way line of Spencer Highway; THENCE in an easterly direction along the north right-of-way of Spencer Highway (West Main Street)to its intersection with the west right-of-way line of Underwood Road; THENCE in a northerly direction along the west line of Underwood Road to its intersection with the projected northernmost boundary of the Creekmont Subdivision; THENCE in an easterly direction along the north line of the Creekmont Subdivision to its intersection with the centerline of Harris County Flood Control District Unit No. 8106-00-00, commonly known as Big Island Slough; THENCE in a southerly direction along the centerline of Big Island Slough to its intersection with the centerline of Hillridge Road; THENCE in a westerly direction along the centerline of Hillridge Road to its intersection with the centerline of Roseberry Drive; THENCE in a southerly direction along the centerline of Roseberry Drive to its intersection with the centerline of Rocky Hollow Road; THENCE in a westerly direction along the centerline of Rocky Hollow Road to its intersection with the centerline of Willmont Road; THENCE in a southerly direction along the centerline of Willmont Road to its intersection with the centerline of Clairmont Drive; THENCE in a westerly direction along the centerline of Clairmont Drive to its intersection with the centerline of Rosemont Drive; THENCE in a southerly direction along the centerline of Rosemont Drive to its intersection with the centerline of Parkway Drive; THENCE in an easterly direction along the centerline of Parkway Drive to its intersection with the centerline of Willmont Road; THENCE in a southerly direction along the centerline of Willmont Road to its projected intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to its intersection with the centerline of Underwood Road being POINT OF BEGINNING of the herein- described District 3 Boundary. Election Officials: Barbara Matuszak, Presiding Judge Hector Villarreal,Alternate Presiding Judge Election Precinct#4 Polling Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte,Texas 77571 Precinct Boundaries: BEGINNING at point at the intersection of the centerline of Spencer Highway(West Main Street) and the projected east line of the City of La Porte Municipal Airport; THENCE in a northerly direction along the east line of the City of La Porte Municipal Airport to the westernmost northwest corner of Lots 9, 10, 10-1/2, 11, 11-1/2, 30 and 30-1/2, La Porte Outlots; THENCE in an easterly direction along the south line of Tracts 471D-2, 471D & 471D-1, and 471, La Porte Outlots,to the southeast corner of Tract 471, La Porte Outlots; THENCE in a northerly direction along the east line of Tract 471, La Porte Outlots, to the southwest corner of Lots 231 & 232, La Porte Outlots; THENCE in an easterly direction along the north line of Tracts 9, 10, 10-1/2, 11, 11-1/2, 30 and 30-1/2, Lots 8, 13, &28, Lot 7, Lots 5 &6, Lot 4, Lot 3, Lot 2, and Tracts 1A& 1B, La Porte Outlots, to the centerline of Sens Road; THENCE in a northerly direction along the centerline of Sens Road to a point 350' north of the intersection of the centerline of North "P" Street and Sens Road; THENCE in a westerly direction along the west right-of-way of Sens Road to its intersection with the centerline of Old La Porte Road; THENCE in an easterly direction along the centerline of Old La Porte Road to its intersection with the centerline of Sens Road; THENCE in a northerly direction along the centerline of Sens Road to its intersection with the north right-of-way line of State Highway 225; THENCE in an easterly direction along the north right-of-way line of State Highway 225 to the northeast corner of Tract 12A, Enoch Brinson Survey, A-5; THENCE in a westerly direction along the north line of Tract 12A and Tract 12B, Enoch Brinson Survey, A-5,to the east right-of-way line of Strang Road; THENCE in a northerly direction along the east right-of-way of Strang Road to the northwest corner of Tract 13D-3, Staashen Subdivision; THENCE in an easterly direction along the north line of Tracts 13D-3 and Tract 13D, Staashen Subdivision,to the west right-of-way of State Highway 146; THENCE in a northeasterly direction along the west right-of-way of State Highway 146 to its intersection with the shoreline of San Jacinto Bay; THENCE in a westerly direction along the meanders of the shoreline of San Jacinto Bay to a point for corner at its intersection with the north boundary line of the La Porte Independent School District; THENCE in an easterly direction along the north line of La Porte Independent School District to its intersection with an imaginary line 2,500 feet distant from, parallel to, and southwest of the centerline of the Houston Ship Channel; THENCE in a southeasterly direction along said imaginary line situated 2,500 feet distant from, parallel to, and southwest of the centerline of the Houston Ship Channel to its intersection with the north line of the City of Morgan's Point; THENCE in a westerly direction along the north line of the City of Morgan's Point to its intersection with the west line of the City of Morgan's Point, said point being a line projected northward from the east right-of-line of North Broadway; THENCE in a southerly direction along the east line of North Broadway to its intersection with the north line of Barbour's Cut Boulevard; THENCE along the north line of Barbour's Cut Boulevard to its intersection with the projected east line of Donaldson Avenue; THENCE in a southeasterly direction along the east line of Donaldson Avenue to its intersection with the centerline of East "E" Street; THENCE in a southwesterly direction along the centerline of East "E" Street to its intersection with the centerline of South Nugent Avenue; THENCE in a southeasterly direction along the centerline of South Nugent Avenue to its intersection with the centerline of Park Street; THENCE in a southwesterly direction along the centerline of Park Street to its intersection with the centerline of South Ohio Avenue; THENCE in a northwesterly direction along the centerline of South Ohio Avenue to its intersection with the centerline of East "G" Street; THENCE in a southwesterly direction along the centerline of East "G" Street to its intersection with the centerline of South Broadway; THENCE in a southerly direction along the centerline of South Broadway to its intersection with the centerline of Fairmont Parkway; THENCE in a westerly direction along the centerline of Fairmont Parkway to its intersection with the centerline of South 16th Street; THENCE in a northerly direction along the centerline of South 16th Street to its intersection with the centerline of West "B" Street; THENCE in a westerly direction along the centerline of West "B" Street to its intersection with the centerline of South 17th Street; THENCE in a northerly direction along the centerline of South 17th Street to its intersection with the centerline of Spencer Highway (West Main Street); THENCE in a westerly direction along the centerline of Spencer Highway(West Main Street)to its intersection with the projected east line of the City of La Porte Municipal Airport and the POINT OF BEGINNING of the herein-described District 4 boundary. Election Officials: Norma Repman, Presiding Judge Isabel Jackson,Alternate Presiding Judge Election Precinct#5 Polling Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte,Texas 77571 Precinct Boundaries: TRACT 1: BEGINNING at the intersection of the centerline of Spencer Highway(West Main Street) and the centerline of Fleetwood Drive; THENCE in an easterly direction along the centerline of Spencer Highway (West Main Street) to its intersection with the centerline of South 17th Street; THENCE in a southerly direction along the centerline of South 17th Street to its intersection with the centerline of West "B" Street; THENCE in an easterly direction along the centerline of West "B" Street to its intersection with the centerline of South 16th Street; THENCE in a southerly direction along the centerline of South 16th Street to its intersection with the centerline of Fairmont Parkway; THENCE in an easterly direction along the centerline of Fairmont Parkway to its intersection with the centerline of South Broadway; THENCE in a northerly direction along the centerline of South Broadway to its intersection with the centerline of East "G" Street; THENCE in a northeasterly direction along the centerline of East"G"Street to its intersection with the centerline of South Ohio Avenue; THENCE in a southeasterly direction along the centerline of South Ohio Avenue to its intersection with the centerline of Park Street; THENCE in a northeasterly direction along the centerline of Park Street to its intersection with the centerline of South Nugent Avenue; THENCE in a northwesterly direction along the centerline of South Nugent Avenue to its intersection with the centerline of East "E" Street; THENCE in a northeasterly direction along the centerline of East"E"Street to its intersection with the west line of the City of Morgan's Point; THENCE in a southeasterly along the west line of the City of Morgan's Point to its intersection with the shoreline of Galveston Bay; THENCE in a southerly direction along the shoreline of Galveston Bay to its intersection with the north line of the City of Shoreacres; THENCE in a westerly direction along the north line of the City of Shoreacres to its intersection with the west line of State Highway 146; THENCE in northeasterly direction along the west line of the State Highway 146 to the south line of McCabe Road; THENCE in a westerly direction along the south line of McCabe Road to its projected intersection with the west line of the Union Pacific Railroad right-of-way; THENCE in a northerly direction along the west line of the Union Pacific Railroad right-of-way to its intersection with the south line of Fairmont Parkway; THENCE in a westerly direction along the south line of Fairmont Parkway to its intersection with the centerline of Driftwood Drive; THENCE in a northerly direction along the centerline of Driftwood Drive to its intersection with the centerline of Spruce Drive North; THENCE in a westerly direction along the centerline of Spruce Drive North to its intersection with the centerline of Fleetwood Drive; THENCE in a northerly direction along the centerline of Fleetwood Drive to the POINT OF BEGINNING of the herein-described Tract 1 of District 5 boundary. TRACT 2: BEGINNING at the intersection of the east line of South Broadway and the south line of the City of Shoreacres; THENCE in an easterly direction along the south line of the City of Shoreacres to its intersection with the northeast corner of the Bay Colony Subdivision and the shoreline of Galveston Bay; THENCE in a southeasterly direction along the east line of the Bay Colony Subdivision and the shoreline of Galveston Bay to the southeast corner of the Bay Colony Subdivision, said corner also being the city limit line of the City of Pasadena; THENCE in a westerly direction along the south line of the Bay Colony Subdivision and the city limit line of the City of Pasadena to its intersection with the east right-of-way of South Broadway; THENCE in a northerly direction along the east line of South Broadway to the POINT OF BEGINNING for the herein-described Tract 2 of District 5 boundary. Election Officials: Norma Repman, Presiding Judge Isabel Jackson,Alternate Presiding Judge Election Precinct#6 Polling Place: Instructional Technology Center(ITC Building) 9832 Spencer Hwy. La Porte,Texas 77571 Precinct Boundaries: BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and the projected centerline of Willmont Road; THENCE in a northerly direction along the centerline of Willmont Road to its intersection with the centerline of Parkway Drive; THENCE in a westerly direction along the centerline of Parkway Drive to its intersection with the centerline of Rosemont Drive; THENCE in a northerly direction along the centerline of Rosemont Drive to its intersection with the centerline of Clairmont Drive; THENCE in an easterly direction along the centerline of Clairmont Drive to its intersection with the centerline of Willmont Road; THENCE in a northerly direction along the centerline of Willmont Road to its intersection with the centerline of Rocky Hollow Road; THENCE in an easterly direction along the centerline of Rocky Hollow Road to its intersection with the centerline of Roseberry Drive; THENCE in a northerly direction along the centerline of Roseberry Drive to its intersection with the centerline of Hillridge Road; THENCE in an easterly direction along the centerline of Hillridge Road to its intersection with Harris County Flood Control District Unit No. B106-00-00, commonly known as Big Island Slough; THENCE in a northerly direction along the centerline of Big Island Slough to its intersection with the projected centerline of Meadow Place Drive; THENCE in an easterly direction along the centerline of Meadow Place Drive to its intersection with the centerline of Farrington Boulevard; THENCE in a southerly direction along the centerline of Farrington Boulevard to its intersection with the centerline of Spencer Highway (West Main Street); THENCE in an easterly direction along the centerline of Spencer Highway (West Main Street) to its intersection with the centerline of Fleetwood Drive; THENCE in a southerly direction along the centerline of Fleetwood Drive to its intersection with the centerline of Spruce Drive North; THENCE in an easterly direction along the centerline of Spruce Drive North to its intersection with the centerline of Driftwood Drive; THENCE in a southerly direction along the centerline of Driftwood Drive to its intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to the POINT OF BEGINNING of the herein-described District 6 boundary. Election Officials: Barbara Matuszak, Presiding Judge Hector Villarreal, Alternate Presiding Judge Early Voting Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte,Texas 77571 Early Voting Polling Places: La Porte City Hall (Council Chambers)—Main Early Voting Polling Place 604 West Fairmont Parkway La Porte,Texas 77571 Instructional Technology Center(ITC Building)—Branch Polling Place 9832 Spencer Hwy. La Porte,Texas 77571 Bi-Lingual Election Clerk/Interpreter: Isabel Salas and/or Gladis Sanchez. Section 5. 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 6. An Early Voting Ballot Board is hereby created to process Early Voting results for the election and the runoff election, if necessary. Garth Riggenbach 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 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. Applications for a ballot by mail shall be mailed, emailed, faxed or sent by common or contract carrier to Patrice Fogarty,City Secretary,604 W. Fairmont Parkway, La Porte,TX 77571,fax: 281-842-3701, email:fogartyp@laportetx.gov. Ballots voted by mail shall be mailed to Patrice Fogarty, City Secretary, 604 W. Fairmont Parkway, La Porte, TX 77571, or sent by common or contract carrier to the same address or while the polls are open on election day, in person delivery to the early voting clerk's office by the voter who voted the ballot. Early Voting shall be conducted by a clerk for Early Voting, namely, Patrice Fogarty, City Secretary; and the places at which Early Voting by personal appearance shall be conducted are designated as the La Porte City Hall,604 West Fairmont Parkway, La Porte,Texas,(main early voting polling place), and the Instructional Technology Center (ITC Building), 9832 Spencer Hwy., La Porte, Texas, (branch early voting polling place). Early Voting by personal appearance shall begin on the 12th day and shall 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 from 8:00 a.m.to 5:00 p.m.,except for the third day and the final day of the early voting period,from 7:00 a.m.to 7:00 p.m. Section 7. 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 Patrice Fogarty is hereby appointed the Presiding Manager for said Central Counting Station, and Sharon Harris is hereby appointed the Alternate 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. Jana Wood is hereby appointed as the Presiding Judge of the Central Counting Station, and Sharon Harris is hereby appointed as Alternate Presiding Judge for said Central Counting Station. The City Secretary 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. Sharon Harris is hereby appointed the tabulation supervisor, and Gladis Sanchez is hereby appointed the assistant tabulation supervisor. In compliance with Chapter 127 of the Texas Election Code, the tabulation supervisor, assistant tabulation supervisor, presiding judge of counting station, alternate presiding judge of counting station and any appointed clerks are entitled to compensation at the same rate as a precinct presiding judge except that the counting station judge is entitled to a minimum compensation of five hours' pay regardless of the amount of time worked;and a clerk who serves for the entire time a counting station is in operation is entitled to a minimum compensation of three hours' pay regardless of the amount of time worked. Section 8. 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 9. 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 10. 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,Texas; and the City Council shall canvass said returns at a Special Meeting set by the City Council;and shall, immediately after canvassing the returns,declare the results of the election. Section 11. That the City Secretary is hereby ordered and directed to give notice of the election by publication in the BAY AREA OBSERVER, which is hereby found and declared to be a newspaper of general circulation in said City, on the same day in each of two successive weeks, with the first publication occurring before the 14th day before the date of the election.The notice shall include a substantial copy of the proposed amendments and include an estimate of the anticipated fiscal impact to the city of each proposed amendment if approved at the election. Section 12. As soon as practicable after the election and the declaration by the Council that amendments have been approved, the Mayor or City Manager shall certify to the Secretary of State an authenticated copy of the amendments under the City's seal showing approval by the qualified voters of the municipality. Section 13. 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. Section 14. If any provision, section, subsection, sentence, clause, or phrase of this ordinance,or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid,the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 15. This Ordinance shall be effective upon its passage and approval. PASSED AND APPROVED,this /oe -aay of 2018. CITY OF • 'O' EXAS By: PA Lou s R. '.igby Mayor ATTEST: pcb4d cLeL Jo Patrice Fogartyg-4-A /:3--. City Secretary APPROVED: ix , A4,/--,, , Clark T. Askins Assistant City Attorney