HomeMy WebLinkAboutO-2010-3253 calling a 2010 Special Election/Barry Beasley resigned as Mayor
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested
June 14. 2010
Martha Gillett/Clark Askins
Appropriation
Requested By:
Source of Funds:
Date:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Letter- from Attorney- Knox Askins
Amount Requested:
Exhibits: Special Election Schedule
Budgeted Item: YES NO
Exhibits: Ordinance
SUMMARY & RECOMMENDATION
Attached for your consideration is the ordinance calling for a Special election of the City of La Porte to fill the
vacancy of the Mayor position, to be held on August 28, 20 I 0, and calling for a Run -Off Election if necessary.
~[, I,,,
Date
a skins
& askins p.e.
AITORNEYS and COUNSELORS
Knox W. Askins
Clark T. Askins
June 3, 2010
vi.. email
Ms. Martha A. Gillett
city Secretary
city of La Porte
city Hall
La Porte, Texas
Dear Martha:
I enclose latest draft of agenda request, and ordinance calling a
special election, for June 14, 2010, Council meeting.
Please review and give me any revisions.
Yours very truly,
'6n~kin.
City Attorney
City of La Porte
KWA: sw
Enclosure
cc: Mr. Ron Bottoms
City Manager
City of La Porte
City Hall
La Porte, Texas
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@swbe1l.net
askins
& askins P.C.
AITORNEYS and COUNSELORS
Knox W. Askins
dark T. Askins
June 3, 2010
Ms. Martha A. Gillett
City Secretary
City of La Porte
city Hall
La Porte, Texas
Re: Agenda Request for June 14, 2010, Meeting.
Dear Martha:
I enclose herewith form of ordinance calling a special election of
the City of La Porte, to fill the vacancy in the office of Mayor.
The schedule for the special election, the dates of which are
established by the Texas Election Code, are as follows:
Filing begins:
Filing deadline:
Early voting begins:
Early voting Satu~day:
Early voting
two 12-hour weekdays:
Early voting ends:
Election date:
(Labor Day Holiday)
Canvass election:
Runoff election,
if necessary:
Tuesday, June IS, 2010
5:00 p.m., Monday, June 28, 2010
Wednesday, August 11, 2010
Saturday, August 21, 2010
Wednesday, August 18, 2010
Tuesday, August 24, 2010
Tuesday, August 24, 2010
Saturday, August 28, 2010
(Monday, September 6, 2010)
Special meeting of City Council on
Tuesday, September 7, 2010
Saturday, September 25, 2010
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
June 3, 2010
page 2
Yours very truly,
Clark T. Askins
Assistant City Attorney
City of La Porte
CTA: sw
Enclosure
cc: Mr. Ron Bottoms
City Manager
City of La Porte
Mr. Knox W. Askins
City Attorney
City of La Porte
ORDINANCB NO. 201.0- 3~ 53
AU ORDINANCB CALLING A SPBCIAL ELECTION OH THB CITY 01' LA PORTB TO
PILL THB UN-BXPIRED TERM 01' MAYOR, CALLING A RUN-OPP ELECTION, II'
HBCESSARY, DESIGNATING ELECTION PRBCINCTS .AND POLLING PLACES,
PROVIDING POR THE USB OF VOTING MACHIHBS, APPOINTING BLBCTION
OFFICIALS, PROVIDING FOR METHOD AND DATBS OF BARLY VOTING,
PROVIDING FOR AU EARLY VOTING BALLOT BOARD, PROVIDING POR RETURN
ABD CANVASS OF VOTBS OF SAID BLBCTION, PROVIDING FOR NOTICB,
PROVIDDlG POR FILING DEADLINE ABD PILING PEES POR CANDIDATBS,
PROV:IDDlG A SAVINGS CLAUSB, FDmING COJIIPL:IANCE WITH THB OPEN
MEETINGS LAW, AND PROVIDING AN BPFBCTrvE DATE HERBOP.
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 28th day
of August, 2010, such day being the fourth Saturday in August,
2010, between seven o'clock (7:00) A.M. and seven o'clock (7:00)
P. M., for the purpose of electing a Mayor, for a term expiring
May, 2012.
A run-off election, if necessary, shall be held on Saturday,
September 25, 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:
Blection Precinct #1
Polling Placel Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries I
BEGINNING at the intersection of the Union Pacific Railroad
and "OldU 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 I
Earl Ehlers, presiding Judge
Susan Ehlers, Alternate presiding Judge
Blection Precinct #2
Polling Placel
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundar1esI
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.
Blection Officialsl
Earl Ehlers, Presiding Judge
Susan Ehlers, 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
Boundar i.. ,
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 projected 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,
Earl Ehlers, Presiding Judge
Susan Ehlers, Alternate Presiding Judge
Blection Precinct #4
pOlling Placel
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;
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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 Officialss
Mary Ann Trainer, Presiding Judge
Norma Repman, Alternate Presiding Judge
Election Precinct #5
Polling Places La Porte City Hall (Council Chambers)
604 East Fairmont Parkway
La Porte, Texas 77571
4
Boundaries I
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);
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THENCE north along South Broadway to the southern City Limit
Line of city of Shoreacres being the POINT OF BEGINNING.
E1ection Officialsl
Mary Ann Trainer, Presiding Judge
Norma Repman, Alternate Presiding Judge
Election Precinct #6
Po11ing P1acel
Baker School (Entry Area)
6000 West Main Street
(West Main street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries I
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.
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Election Officialsl
Earl Ehlers, Presiding Judge
Susan Ehlers, Alternate Presiding Judge
Barly Voting Place&
La Porte City Hall (Council Chambers)
604 West Fairmont Parkway
La porte, Texas 77571
Bilingual Election Clerkl
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 17th
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
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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 17th 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, August 18, 2010, and Tuesday, August 24, 2010, from
7:00 a.m. to 7:00 p.m.; and on Saturday, August 21, 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
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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 BAY SHORE 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 Mayor 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 o'clock P.M., Monday,
June 28, 2010. No application shall be accepted for filing prior
to June 15, 2010. The filing fee for each candidate for the
office of Mayor is hereby established at One Hundred Dollars
($100.00). 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 an alternative to paying
9
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.
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section 14.
This Ordinance shall be in effect inunediately
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; 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 14th day of June, 2010.
By:
zz
' A~-r~~
rk T. Askins
Assistant city Attorney
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