HomeMy WebLinkAboutO-2018-3706 Canvassing the 2018 General Election and Special ElectionORDINANCE NO. 2018- 3706
CONSIDER APPROVAL OR OTHER ACTION RE(,ARDI NG' AN ORDINANCE
OF THE CITY COUNCIL OFTHE CITY OF LA T" ITE, TEXAS, DECLARING
THE RESULTS OF -ITIE MAV 5, 2018, CITY OF LA PORTE GENERAL
ELECTION FORTHE ELECTION OF A MAVOR, COI.JNCILPERSON-DISTRIC],
2 AND COUN (A LPERSON-DISTR ICT 3; DECLARING THE RESULTS OFTHE
MAY 5,2,018, CITY OF LA PORTE SPECIAL ELECTION FOR PROPOSITION A:
THE REAUTHORIZATION OF THE LOCAL SALES AND usE TAX IN THE
CITY OF LA PORTE A"I'THE RATE OF ONE-FOURTH OF ONE I)ERCENTTO
CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF
MUNICtPAL STREETS; AND FOR PROPOSITION B: S14ALL SECTION 2.02 OF
`FHE LAIORTE ("HAWFER BE, AMENDED TO PROVIDE THAT A CANDIDATE
FOR MAYOR OR A COUNCIL POSITION SHALL HAVE BEEN A Q1,1ALIFIED
VOTER OF ']'.HE CITV FOR TWELVE (1 2) MONTHS IMMEDIATELY
PRECEDING EIECTI(")N DAV, INSTEAD OF FOR TWELVE (12) MONTHS AT
TUE TIME THE CANDIDATE FILES FOR OFFICE; AND, "I A CANDIDATE
FOR A DISTRICT COUNCII., POSITION SHALLHAVE BEEN A QUALIFIED
VOTER OF HIS OR HER DISTRICT FOR TWELVE (12) MONTHS
IMMEDIATELY PRECEDING ELECTION DAY, INSTEAD OF FOR TWELVE
(12) MONTHS AT TtIE TIME THE CANDIDATE FILES FOR OFFICE, TO
CONFORM THE CHARTER TO STATE LAW; CONTAINING A SE VERABHATV
CLAUSE; CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE
WIT11THE OPEN MEE"r]N(',',S LAW; AND PROVIDINCAN EFFECTIVE DATE
IJEREOF.
WHEREAS, the City of'L,a Porte, 1'exas, held a general election on the 50'day ofMay, 2018, for
the purpose of electing a Mayor, Co Linci I person -Di strict 2, and Councilperson-District 3, and a special
election for the purpose ot'determining the outconie ot"Proposition A: The reauthorization ofthe local
sales and use tax in the City of La I)orte at the rate of one-fourth of` erne percent to continue providing
revenue for maintenance and repair ofrnUnicipal streets; and proposition B: Shall Section 2.02 of the I.a
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 (1 2) months immediately preceding election day, instead of l'or
twelve (1 2) nionths kit the time the candidate tiles for office; and, that a candidate for a district COL11161
position shall have been a clualifiled voter of his or her district for twelve (1 2) 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, all in accordance with the Texas I 1'lection Code and Section 8.10 ofthe
1-lome Rule Charter of the City gal` 1,a Poilejexas; and
WHEREAS, there were cast at the general election for the positions of Mayor,
Councilperson-District 2, and Councilperson-District 3, for the following listed persons the number of
votes opposite their respective names:
MAYOR
Louis Rigby
956
Chuck Rosa
34
Wyatt Smith
407
COUNCILPERSON-DISTRICT 2
Chuck Engelken
75
COUNCILPERSON-DISTRICT 3
Bill Bentley
116
as shown in the official election returns heretofore delivered by the Election Manager and election officials
to the Mayor and City Council of the City of La Porte, Texas, and submitted to the City Council; and
WHEREAS, there were cast at the special election for the following proposed propositions the
number of votes for and against opposite the respective proposition as shown in the official election returns
heretofore delivered by the Election Manager and officials to the Mayor and City Council of the City of La
Porte and submitted to the City Council:
Proposition A:
The reauthorization of the local sales and use tax in the City of La Porte at the rate of one-fourth of one percent to continue
providing revenue for maintenance and repair of municipal streets.
1,155 For 194 Against
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?
1,085 For 263 Against
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS:
Section 1. That the City Council of the City of La Porte, Texas, hereby finds that the
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above -referenced recitals are true and correct.
Section 2. That said general election was duly called and notice thereof given in accordance with
law; that said election was held in the manner required by law; that due returns of said election have been
made by the proper officers; that said returns have been canvassed by the City Council of the City of
LaPorte, Texas; that said election has resulted in the election of the following named persons for the
positions of Mayor, Councilperson-District 2, and Councilperson-District 3, to -wit:
Louis R. Rigby
COUNCILPERSON-DISTRICT 2
Chuck Engelken
COUNCILPERSON-DISTRICT 3
Bill Bentley
Section 3. That said special election for Proposition A was duly called and notice thereof given in
accordance with law; that said election was held in the manner required by law; that due returns of said
election have been made by the proper officers; that said returns have been canvassed by the City Council
of the City of La Porte; that said election has resulted in the passage of Proposition A, to wit:
"THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF
LA PORTE AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE TO
PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS."
Section 4. The sales and use tax effective date shall be October 1, 2018, the first day of the first
calendar quarter occurring after the expiration of the first complete calendar quarter occurring after the date
on which the Comptroller of Public Accounts receives notice of the results of the election.
Section 5. That said special election for Proposition B was duly called and notice thereof given in
accordance with law; that said election was held in the manner required by law; that due returns of said
election have been made by the proper officers; that said returns have been canvassed by the City Council
of the City of La Porte; that said election has resulted in the passage of Proposition B, to wit:
"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
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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 LAWT'
Section 6. That the City of Council of the City of LaPorte, based upon the results of the special
Charter amendment election held on May 5, 2018, pursuant to its election Order and Section 9.005 of the
Texas Local Government Code, by this Ordinance hereby enters an order in the records of the City of
La Porte declaring that the Charter Amendment enumerated hereinbelow in Section 7 is adopted.
Section 7. That pursuant to the special Charter Amendment Election, Proposition B, Section
2.02 a. of the La Porte Charter is amended to read as follows:
2.02. - Qualification.
a. Enumerated The mayor and councilpersons shall have been qualified voters of the city for twelve (12) months
immediately preceding election day, and continuously during their term of office. A district councilperson shall also be a
resident of his or her district for twelve (12) months immediately preceding election day and continuously during his term of
office.
Section 8. 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 9. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
Section 10. The City Council officially fords, 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 11. This Ordinance shall be in effect immediately upon its passage and approval.
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PASSED AND APPROVED, this 14°i day of May, 2018.
J
ATTEST:
P03�1;v JI nle�Aop
Patrice Fogarty ��Cj
City Secretary
APPROVED:
Clark T. Askins '
Assistant City Attorney