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HomeMy WebLinkAboutO-2009-3197 special election Councilperson–at–Large A 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested November 9.2009 Requested By: Martha Gillett/Clark Askins Date: Report: Resolution: Ordinance: x Exhibits: Ordinance Exhibits: Exhibits: Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Attached for your consideration is the ordinance calling for a special election of the City of La Porte to be held on January 30, 2010, and calling for a Run-Off Election, if necessary. /I /1 ;tc) Date askins & askins P.C. ATIORNEYS and COUNSELORS Knox W. Askins Clark T. Askins November 3, 2009 Ms. Martha A. Gillett City Secretary City of La Porte City Hall La Porte, Texas Re: Agenda Request for November 9, 2009, Meeting. Dear Martha: I enclose herewith form of ordinance calling a special election of the City of La Porte, to fill the vacancy created by the resignation of Councilperson-At-Large--position A, for the term expiring May, 2010. The schedule for the special election, the dates of which are established by the Texas Election Code, are as follows: Filing begins: Tuesday, November 10, 2009 Filing deadline: Early voting begins: 5: 00 p. m., Monday, November 30, 2009 Monday, January 18, 2010 Early voting Saturday: Saturday, January 23, 2010 Early voting two 12-hour weekdays: Wednesday, January 20, 2010 Tuesday, January 26, 2010 Early voting ends: Tuesday, January 26, 2010 Election date: Saturday, January 30, 2010 Canvass election: Regular meeting of City Council on Monday, February 8, 2010 Runoff election, if necessary: Saturday, February 27, 2010 Yours very truly, ~-r~ Clark T. Askins City Attorney City of La Porte 702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218 281.471.1887 phone . 281.471.2047 fax. knoxaskins@comcast.net . ctaskins@swbell.net Martha A. Gillett November 3, 2009 page 2 CTA: sw Enclosure cc: Mr. Ron Bottoms City Manager City of La Porte Mr. Knox W. Askins City Attorney City of La Porte ORDINANCE NO. 2009- 31 '11 AN ORDINANCE CALLING A SPECIAL ELECTION OF THE CITY OF LA PORTE TO FILL THE UN-EXPIRED TERM OF COUNCILPERSON-AT-LARGE-POSITION A, 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. A special election shall be held within the corporate limits of the City of La Porte, Texas, on the 30th day of January, 2010, such day being the fifth Saturday in January, 2010, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of electing a Councilperson-At-Large- position A, for a term expiring May, 2010. A run-off election, if necessary, shall be held on Saturday, February 27, 2010, 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 UOld" 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; 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: Joeena Davis, 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: Joeena Davis, Presiding Judge Melody Elledge, 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: Joeena Davis, Presiding Judge Melody Elledge, Alternate Presiding Judge Election Precinct #4 Polling Place: La Porte City Hall (Council Chambers) 604 West 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: Mary Ann Trainer, Presiding Judge Norma Repman, Alternate Presiding Judge Election Precinct #5 Polling Place: La Porte City Hall (Council Chambers) 604 East Fairmont 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: Mary Ann Trainer, Presiding Judge Norma Repman, Alternate Presiding Judge Election Precinct #6 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 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: Joeena Davis, Presiding Judge Melody Elledge, Alternate presiding Judge Early Voting Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Bilingual Election Clerk: Barbara Eldridge 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 12th 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. Gillett, and the place at which the Early voting shall be conducted is designated as the La Porte City Hall, 604 7 West Fairmont Parkway, La Porte, Texas, to which address ballot applications and ballots voted by mail may be mailed. Early voting by personal appearance shall begin on the 12th 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, from 8:00 a.m. to 5:00 p.m., except for Wednesday, January 20, 2010, and Tuesday January 26,2010, from 7:00 a.m. to 7:00 p.m.; and on Saturday, January 23, 2010, 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, 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. 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 8 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 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 Councilperson- at-Large-Position A 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 0' clock P. M., Monday, November 30, 2009. No application shall be accepted for filing prior to November 10, 2009. The filing fee for each candidate for the office of Councilperson-At-Large-Position A is hereby established at 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 9 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 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 at the earliest practicable time, 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. 10 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 i 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 9th day of November, 2009. By: 0n~ A4i Martha A. Gillett City Secretary AP~D' Cl ~~nr ~"LJ Assistant City Attorney 1.1.