HomeMy WebLinkAboutO-2019-3738 Canvass the returns of the General Election held on May 4, 2019ORDINANCE 2019-3738
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-AT-LARGE-POSITION A, A COUNCILPERSON-DISTRICT 4,
AND 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 10'x' 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-At-Large-Position A, a
Councilperson-District 4, and 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-AT-LARGE-POSITION A
JOHN ZEMANEK 506
BRANDON LUNSFORD 548
COUNCILPERSON-DISTRICT 4
THOMAS GARZA 193
MARC CLARKE 78
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: Brandon Lunsford received a majority of the votes cast at the election for the office of Councilperson-At-
Large-Position A, and, accordingly, Brandon Lunsford is declared elected to the office of Councilperson-At-Large-Position
A, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas.
SECTION 2: Thomas Garza received a majority of the votes cast at the election for the office of Councilperson-District
4, and, accordingly, Thomas Garza is declared elected to the office of Councilperson- District 4, subject to the taking of his
oath and filing bond as provided by the laws of the State of Texas.
SECTION 3: An election contest for a recount in the Councilperson-District 5 race was filed on Monday, May 6, 2019,
and withdrawn on Wednesday, May 8, 2019, in accordance with the Texas Election Code. The Councilperson-District 5
race will be canvassed at the next City Council meeting.
SECTION 4: 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 5: 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 LaPorte, 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 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict
only.
SECTION 7: 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 8: This ordinance shall be in effect immediately upon its passage and approval.
PASSED, APPROVED, AND ADOPTED this, the 10" day of May,
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney