HomeMy WebLinkAboutO-2011-3315 calling general election, May 14, 2011
H
'REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested January 24. 2011
Appropriation
Requested By:
Sharon Harris/Clark Askins
Source of Funds:
Date:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Attached for your consideration is the ordinance calling for the Regular Annual election of the City of La Porte to be
held on May 14, 2011, and calling for a Run -Off Election if necessary.
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Date
askins
& askins P.C.
ATIORNEYS and COUNSELORS
Knox W. Askins
Clark T. Askins
October 21, 2010
Ms. Martha A. Gillett
city Secretary
city of La Porte
city Hall
La Porte, Texas
Re: Agenda Request for January 24, 2011, Meeting.
Dear Martha:
I enclose herewith form of ordinance calling the regular annual
election of the City of La Porte.
The schedule for the annual election, the dates of which are
established by the Texas Election Code, are as follows:
Filing begins:
Filing deadline:
Monday, February 14, 2011
5:00 p.m., Monday, March 14, 2011
Early voting begins:
Monday, May 2, 2011
Early voting Saturday:
Saturday, May 7, 2011
Early voting
two 12-hour weekdays:
Wednesday, May 4, 2011
Tuesday, May 10, 2011
Early voting ends:
Tuesday, May 10, 2011
Election date:
Saturday, May 14, 2011
Canvass election:
Regular meeting of City Council on
Monday, May 23, 2011
Runoff election,
if necessary:
Saturday, June 18, 2011
Yours very truly,
~r:~
Clark T. Askins
Assistant City Attorney
City of La Porte
CTA: sw
Enclosure
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
ORD:INANCB NO. 2011-
33/5
AN ORD:INANCE CALLING 'I'D RBGULAR AHHUAL BLECT:ION OF '1'HB C:ITY OF LA
PORTB, CALLING A RUN-OFF BLBCTION, IF NECBSSARY, DESIGNATING
BLBCTION PRBCDCTS AND POLLING PLACBS, PROVIDING FOR THB USB OF
VOTING MACHINBS, APPOIN'l'ING ELBCTION OFFICIALS, PROVIDING FOR
KBTHOD AND DATBS OF EARLY VOTING, PROV:IDING POR AN EARLY VOTING
BALLOT BOARD, PR.OV:IDING FOR RETURN AND CANVASS OF VOTBS OF SAID
ELBCTION, PR.OVIDING FOR NOTICB, PROVID:ING POR F:ILING DEADLINE AND
FILING FBBS FOR CANDIDATBS, PROV:IDING A SAVINGS CLAUSB, FINDDtG
COMPLIANCE WI'!'H '!'HB OPBN MEBTINGS LAW, AND PROV:ID:ING AN BFFBCTIVE
DATB HERBOP.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Sect ion 1.
An election shall be held within the corporate
limits of the city of La Porte, Texas, on the 14th day of May,
2011, such day being the second Saturday in May, 2011, between
seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the
purpose of electing the following City officials:
Councilperson-at-Large - position B, for a 3 year term
councilperson--District 1, for a 3 year term
councilperson--District 6, for a 3 year term
A run-off election, if necessary, shall be held on Saturday,
June 18, 2011, between the same hours.
Sect ion 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:
B1ection 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 I
BEGINNING at the intersection of the Union Pacific Railroad
and "Old" 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.
Blection Officialsl
Earl Ehlers, presiding Judge
Barbara Matszak, 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
Boundaries I
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.
Blectton Offic1alsI
Earl Ehlers, Presiding Judge
Barbara Matszak, Alternate presiding Judge
E1ection Precinct #3
Pol1ing 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 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.
Blection Officialsl
Earl Ehlers, presiding Judge
Barbara Matszak, Alternate presiding Judge
Election Precinct #4
Polling Placel
La Porte City Hall (Council Chambers)
604 West Fairmont Parkway
La Porte, Texas 77571
Boundaries I
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;
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 liE" 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.
B~ection Officials:
Mary Ann Trainer, presiding Judge
Norma Repman, Alternate presiding Judge
Blection Precinct #S
Po~ling Place: La Porte City Hall (Council Chambers)
604 East Fairmont Parkway
La Porte, Texas 77571
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);
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
Blection 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 airporti
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 HighwaYi
THENCE west along Spencer Highway to Big Island Slough the
POINT OF BEGINNING.
Election Officials:
Earl Ehlers, presiding Judge
Barbara Matszak, 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, Patrice Fogarty, and the place at which the Early Voting
shall be conducted is designated as the La Porte City Hall, 604
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 Monday, May 2, 2011,
and continue through Tuesday, May 10, 2011. 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, May 4, 2011, and Tuesday May 10, 2011, from 7:00 a.m.
to 7:00 p.m.; and on Saturday, May 7, 2011, 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 Patrice
Fogarty 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 Secretary 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
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 HOUSTON CHRONICLE, 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 soughtj the method of placing the candidate's name on
the ballotj the amount of the required filing feej and any other
pertinent information concerning said election;
section 9. Each candidate for the office of councilperson-
at-Large must be a resident elector of the City. Each candidate
for the office of District Councilperson must be a resident
elector of the City, and must also be a resident of the district
for which he files.
Section 10. The deadline for a candidate to make application
to have his/her name appear upon the ballot for such election, is
hereby designated and established as 5: 00 0' clock P.M., Monday,
March 14, 2011. No application shall be accepted for filing prior
to February 14, 2011. The filing fee for each candidate for the
office of Councilperson is hereby established as Fifty Dollars
($50.00) . 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 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.
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; 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
By:
2011.
, Mayor
ATTEST:
~~~))JA/
n arr~s
Assistant City Secreta
Kn W. Askins
City Attorney