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HomeMy WebLinkAboutO-2019-3744 to Canvass the returns of the General Election held on May 4, 2019, for District 5ORDINANCE 2019-3744 AN ORDINANCE CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF LA PORTE ON THE 4TH DAY OF MAY, 2019, FOR THE PURPOSE OF ELECTING A COUNCILPERSON DISTRICT 5; DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN, THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Section 2.04(e) of the Charter of the City of La Porte, the City Council, at a special meeting held on the 13' day of May 2019, proceeded to canvass the returns of the regular municipal election held in the City on the 41 day of May 2019, for the purpose of electing a Councilperson-District 5; and WHEREAS the election was held under and pursuant to the provisions of Ordinance 2019-3733 calling the election; and WHEREAS the election having been duly and regularly held as called in the ordinance and according to law, and the returns thereof having been made and the election judges having certified the results of the election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of the election and finding that the total votes cast at the election were as follows: COUNCILPERSON-DISTRICT 5 JAY MARTIN 263 CHUCK ROSA 35 WHEREAS the City Council of the City of La Porte finds that the election returns set out above to be accurate and correct. NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: SECTION 1: Jay Martin received a majority of the votes cast at the election for the office of Councilperson-District 5, and, accordingly, Jay Martin is declared elected to the office of Councilperson- District 5, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 2: The City Council finds that the notice of the election was duly and properly given as required by law and as provided in the ordinance calling the election, and that the election was duly and regularly held, and the returns thereof duly and regularly made by the proper officials of the election, and in all things according to the law. SECTION 3: 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 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. SECTION 5: 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 Act, 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 6: This ordinance shall be in effect immediately upon its passage and approval. PASSED, APPROVED, AND ADOPTED this, the 1P day of May, 2019. THE CITY RTE, TEXAS Lours R. Ij igby, M or APPROVED AS TO FORM: Clar c T. Askins, Assistant City Attorney