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HomeMy WebLinkAboutO-2000-2451 i!JL if REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 11/13/00 ,,~~ R'qu",.d By: M "m." -1 ~ Department: City Secret:ilrY'~ Office Appropriation Source of Funds: nla Account Number: nla Report: Resolution: Ordinance: x Amount Budgeted: nla Exhibits: Letter from K. Askins Amount Requested: ilIa Exhibits: Ordinance Budgeted Item: YES NO Exhibits: Aereement SUMMARY & RECOMMENDATION The City of La Porte has been conducting joint elections with the La Porte Independent School District and the San Jacinto College District since 1998. The City originally entered the contract with the agreement the City of La Porte would conduct the election even if the City election was cancelled. After three years, the City Secretary's Office has determined it would not be cost effective for the City to handle elections if the City is able to cancel its own. The City of Shore acres has never handled joint elections if they cancelled their own election. The City of Morgan's Point is also negotiating a new contract with the school and college districts and will not be handling joint elections if there election is cancelled. The City Secretary met with both districts last week and they will be adopting the new contract at their next public meetings. Action Required bv Council: Staff recommends City Council adopt the ordinance and contract relieving the City from conducting joint elections for other entities if its own elections is cancelled. Approved for City Council Al!enda Q~ T, \-t~ Robert T. Herrera, City Manager \l-l-c)J 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 TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 CHARLES R. HUBER. JR. BOARD CERTIFIED - CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION CLARK T. ASKINS August 29, 2000 Ms. Martha A. Gillett City Secretary City of La Porte City Hall La Porte, Texas Dear Martha: Per our discussion, I enclose proposed revised Interlocal Election Agreement, which would be effective January 1, 2001, with revised paragraph 1 which provides that if a party to the Agreement cancels its own election due to unopposed candidates, it shall have no further obligations under the Agreement, for that election year, other than to continue to provide its physical facilities. This revised Agreement should be approved before the end of the year by the respective boards of the City of La Porte, La Porte School District, and San Jacinto College. I have prepared a contract approval ordinance for the City. Please call me if you have any questions. truly, KWA: sw Enclosures ORDINANCE NO. 2000- ~Ll51 AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT FOR JOINT ELECTIONS, AMONG THE CITY OF LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT, AND SAN JACINTO COLLEGE DISTRICT; MARING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. 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 Ci ty 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 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 9.000 - dt.f5' I PAGE 2 PASSED AND APPROVED, this ~ day of IlOJ(rJ?~j , 2000. CITY OF LA PORTE BY.~ . rman L. Ma 0 e Mayor ATTEST: G()(jtttid' it /lfU/ Mar ha A. Gillett city Secretary /II APPRO",,?ED:} . ~/ / i/' " I / /, / ' W{/i3;/ tJ) Mf;,,4) Kn W. Askins city Attorney INTERLOCAL AGREEMENT FOR JOINT ELECTIONS STATE OF TEXAS { { COUNTY OF HARRIS { This Agreement made and entered into by and among the CITY OF LA PORTE (hereinafter "LA PORTE"); the LA PORTE INDEPENDENT SCHOOL DISTRICT (hereinafter "LPISD"); and SAN JACINTO COLLEGE DISTRICT (hereinafter "COLLEGE"), WIT N E SSE T H: 1. This Agreement is made and entered into under the authority of the Texas Interlocal Cooperation Act, codified as Chapter 791, Texas Government Code, and Chapter 271, "Joint Elections", of the Texas Election Code. The purpose of this Agreement is to establish the procedures, division of responsibilities, and sharing of costs, for annual joint elections of officers of the parties hereto on the first Saturday in May of each year, and any necessary runoff elections, commencing on the first Saturday of May, 1998. A party to this Agreement which cancels its own election due to unopposed candid.ates, pursuant to Section 2.051, et. seq., Texas Election Code, shall have no further obligations under this Agreement after the date of cancellation, for such election year, other than to continue to provide its physical facilities as provided for herein. The non-canceling parties shall continue to perform their respective obligations under this Agreement. This Agreement shall not be applicable to special elections held by a party hereto. 2. The annual joint election shall be conducted at the seven (7) election precincts described on Exhibit "A" attached hereto and incorporated by reference herein. Early voting place for LA PORTE, LPISD, and COLLEGE, shall be at La Porte City Hall. LA PORTE shall conduct elections for itself, LPISD, and COLLEGE, at Precincts 1 through 7, both inclusive. 3. Each entity shall conduct its own candidate filings; drawings for places on its ballot; posting and publication of election notices; receipt of campaign finance reporting; and any other actions required of the entity by the Texas Election Code, except as herein provided. LA PORTE shall arrange for printing of ballots, and rental of election booths and electronic counting machines; appoint and compensate judges and clerks; and shall conduct early voting for LA PORTE, LPISD, and COLLEGE. LPISD and COLLEGE shall each make the necessary filings with the u.s. Department of Justice under the Federal Voting Rights Act, for pre-clearance of the change in election date; joint election procedure; and the establishment of precincts; for their respective jurisdictions. 4. Common expenses of the joint election shall be prorated among the parties incurring and benefiting from such expenditures. Expenses shall include all necessary disbursements, such as ballot printing and supplies, judges and clerks. LA PORTE shall invoice LPISD and COLLEGE for their pro rata portions of such joint expenses, which invoice shall be due and payable within (30) days of receipt thereof. Under the terms of the Texas Election Code, no charge shall be incurred for use of 2 public buildings to conduct an election. The parties shall meet following the 2001 election to review the administration and expenses of the joint elections. 5. This Agreement shall be effective January 1, 2001, for the 2001 general election of officers by the parties hereto, and any necessary runoff elections. This Agreement shall automatically renew thereafter on a year to year basis. A party to this Agreement may withdraw from this Agreement by giving written notice to all of the other parties hereto, on or before September 1st of the year preceding the next election cycle. 6. This Agreement has been approved by the respective governing boards of the parties hereto. PaYments hereunder shall be from current revenues available to the paying party. WITNESS OUR HANDS, effective January 1, 2001. By: ~OF LA p~ o ~e Mayor ~T: . a;(f! tv a. AmJl Martha A. Gillett city Secretary AT LA PORTE INDEPENDENT ~... ....HOO~~ By:(. ~ ) President Board of Trustees Gordon Westmoreland 3 SAN JACINTO COLLEGE DISTRICT By: President Board of Trustees ATTEST: Secretary LfM \ Sf'll, ,) J1 [V r:J II D jJ l/l eel ed.ea C~~ -, 4 EXHIBIT HA- Election Precinct #1 Pollina Place: Lomax Elementary School (Entry Area) 10615 North Avenue "L" La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the Southern Pacific Railroad tracks and Spencer Highway (West Main Street); THENCE westerly along Spencer Highway (West Main Street) to Big Island Slough; THENCE northerly along Big Island Slough to north boundary of Creekmont SUbdivision; THENCE west along north boundary of Creekmont Subdivision to Underwood Road; THENCE north along Underwood Road to the Southern Pacif ic Railroad tracks; THENCE southeasterly along the Southern Pacific Railroad tracks, following a curve to the south, and continuing in a southerly direction along the Southern Pacific Railroad tracks to Spencer Highway (West Main Street), to the POINT OF BEGINNING. Election Precinct #2 Pollina Place: Baker Junior High School (Cafetorium) (enter off Underwood Road) 6000 West Main Street (West Main Street/ Spencer Highway at Underwood Rd. ) La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the center line of Big Island Slough and Fairmont Parkway; THENCE west along Fairmont Parkway to the east boundary line of the one hundred forty one (141) acre San Jacinto Junior College Site, same being the west boundary line of the former College View M.U.D. as described in Article 8280-381, V.A.T.S. ; THENCE northerly along the west boundary line, and a northerly projection thereof, of said (College View M.U.D.) to Spencer Highway (West Main Street); THENCE east along Spencer Highway (West Main Street) to the center line of Myrtle Creek Drive; THENCE south along Myrtle Creek Drive to Cedarmont Drive; THENCE southerly along Cedarmont Drive to its intersection with the westerly projection of the rear lot lines of Block 17 in Fairmont Park West Section One; THENCE southeasterly along the rear lot lines of Block 17 in Fairmont Park West section One, passing through Parkmont Drive and following the rear lot line of Block 18 of Fairmont Park West Section Two, to Quiet Hill Road; THENCE westerly along Quiet Hill Road to Willmont Road; THENCE southerly along Willmont Road to its intersection with the westerly projection of the rear lot line of Block 35 in Fairmont Park West Section Two; THENCE easterly along the rear lot lines of Block 35 in Fairmont Park West Section Two to the center line of Roseberry Drive; THENCE northerly along the center line of Roseberry Drive to the center line of Hillridge Road; THENCE easterly along the center line of Hillridge Road to the center line of Big Island Slough; THENCE southerly along the center line of Big Island Slough to the intersection of Fairmont Parkway, to the POINT OF BEGINNING. Election Precinct #3 Pollinq Place: Rizzuto Elementary School (Cafetorium) 3201 Farrington Boulevard La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of an Exxon Pipeline Easement and Fairmont Parkway; THENCE west along Fairmont Parkway to center line of Big Island Slough; THENCE northerly along the center line of Big Island Slough to the center line of Hillridge Road; THENCE westerly along Hillridge Road to the center line of Roseberry Drive; THENCE southerly along the center line of Roseberry Drive to the intersection with the easterly projection of the rear lot line of Block 35 in Fairmont Park West Section Two; THENCE westerly along the rear lot line of Block 35 in Fairmont Park Section Two to the center line of Willmont Road; THENCE northerly along the center line of Willmont Road to the center line of Quiet Hill Road; THENCE easterly along the center line of Quiet Hill Road to the intersection of the southeasterly projection of the rear lot line of Block 18 in Fairmont Park West section Two; THENCE northwesterly along the rear lot line of Block 18 in Fairmont Park West Section Two, passing through Parkmont Drive and becoming the rear lot line of Block 17 Fairmont Park West Section One to Cedarmont Drive; THENCE northerly along Cedarmont Drive to Myrtle Creek Drive; THENCE northerly along Myrtle Creek Drive to Spencer Highway (West Main Street); THENCE west along Spencer Highway (West Main Street) to Underwood Road; THENCE north along Underwood Road to the north boundary of the Creekmont Subdivision; THENCE east along the north boundary of the Creekmont Subdivision to Big Island Slough; THENCE southerly along Big Island Slough to Spencer Highway (West Main Street); THENCE east along Spencer Highway (West Main Street) to an Exxon Pipeline Easement; THENCE southerly along an Exxon Pipeline Easement to Fairmont Parkway, to the POINT OF BEGINNING. Election Precinct #4 polling Place: Dewalt Alternative School (Library) 401 North 2nd Street La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of North Broadway Street and the Southern Pacific Railroad tracks; THENCE south along North Broadway Street to Barbour's Cut Boulevard; THENCE east along Barbour's Cut Boulevard to North Brownell Avenue; THENCE south along North Brownell Avenue to East Madison Street; THENCE east along East Madison street to North Holmes Avenue; THENCE southerly along North Holmes Avenue to East Main street; THENCE westerly along East Main street to South Broadway Street; THENCE south along South Broadway Street to West "A" Street; THENCE west along West "A" Street to State Highway 146; THENCE south along State Highway 146 to West "B" Street; THENCE west along West "B" Street to South 13th Street; THENCE south along South 13th Street to West "E" Street; THENCE west along West "E" Street to the Southern Pacific Railroad tracks; THENCE north along Southern Pacific Railroad tracks, following a curve to the east of said railroad tracks; THENCE easterly along the Southern Pacific Railroad tracks to North Broadway Street, to the POINT OF BEGINNING. Election Precinct #5 Pollinq Place: LPISD Technology Support Center 301 East Fairmont Parkway La Porte, Texas 77571 Boundaries: TRACT I BEGINNING at the intersection of Barbour's Cut Boulevard and North Brownell Avenue; THENCE east along Barbour's Cut Boulevard to Donaldson Avenue; THENCE southeasterly along Donaldson Avenue to the shoreline of Galveston Bay; THENCE southerly along the shoreline of Galveston Bay to the north city limit line of Shoreacres, (or the south line of Tract I); THENCE west along the north city limit line of Shore acres (or the south line of Tract I) to South Broadway Street (Old Highway 146); THENCE north along South Broadway Street (Old Highway 146) to East Main Street; THENCE easterly along East Main Street to North Holmes Avenue; THENCE northerly along North Holmes Avenue to East Madison street; THENCE west along East Madison street to North Brownell Avenue; THENCE north along North Brownell Avenue to Barbour's Cut Boulevard, to the POINT OF BEGINNING. TRACT II BEGINNING at the intersection of South Broadway Street (Old Highway 146) and the south city limit line of Shoreacres (or the north line of Tract II); THENCE easterly along the south city limit line of Shoreacres (or the north line of Tract II) to the shoreline of Galveston Bay; THENCE southerly along the shoreline of Galveston Bay to the south city limit line of La Porte (or the south line of Tract II) ; THENCE westerly along the south city limit line of La Porte (or the south line of Tract II) to South Broadway Street (Old Highway 146); THENCE north along South Broadway Street (Old Highway 146) to the south city limit line of Shoreacres (or the north line of Tract II) to the POINT OF BEGINNING. Election Precinct #6 Pollinq Place: La Porte City Hall 604 West Fairmont Parkway La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of West "A" Street and South Broadway Street; THENCE south along South Broadway Street to the south city limit line of La Porte; THENCE west along the south city limit line of La Porte to the west right-of-way line of State Highway 146; THENCE northeasterly along the west right-of-way line of State Highway 146 to McCabe Road; THENCE west along McCabe Road to the Southern Pacific Railroad tracks; THENCE north along the Southern Pacific Railroad tracks to Fairmont Parkway; THENCE west along Fairmont Parkway to the Humble Pipeline Company right-of-way; THENCE northeasterly along the Humble Pipeline Company right- of-way to West Main street; THENCE east along West Main street to the Southern Pacific Railroad tracks; THENCE south along the Southern Pacific Railroad tracks to West "E" Street; THENCE east along West "E" Street to South 13th Street; THENCE north along South 13th Street to West "B" Street; THENCE east along West "B" Street to State Highway 146; THENCE north along State Highway 146 to West "A" Street; THENCE east along West "A" Street to South Broadway Street and the POINT OF BEGINNING. Election Precinct #7 Pollinq Place: College Park Elementary School 4315 Luella, Deer Park, Texas 77536 Boundaries: That portion of the La Porte Independent School District lying and being situated west of Underwood Road, north of Fairmont Parkway, and within the corporate limits of the City of Deer Park, Texas.