HomeMy WebLinkAboutO-2012-3404 declaring candidates unopposed/cancelling general electionORDINANCE NO. 2012-_ W"4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
DECLARING THE CANDIDATE FOR MAYOR, LOUIS R. RIGBY, THE CANDIDATE FOR
COUNCILPERSON DISTRICT 2, CHUCK ENGELKEN, AND THE CANDIDATE FOR
COUNCILPERSON DISTRICT 3, DARYL LEONARD, UNOPPOSED; DECLARING LOUIS R.
RIGBY, CANDIDATE FOR MAYOR, CHUCK ENGELKEN, CANDIDATE FOR
COUNCILPERSON DISTRICT 2 AND DARYL LEONARD, CANDIDATE FOR
COUNCILPERSON DISTRICT 3, ELECTED; CANCELLING THE ELECTION FOR MAYOR
AND SINGLE -MEMBER DISTRICTS 2 AND 3; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; CONTAINING A
SEVERABILITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, pursuant to City of La Porte Ordinance No. 2012-3401, adopted on
February 13, 2012, a general municipal officers' election was ordered to be held on May 12,
2012, for the purpose of electing three officials of the City, to wit: Mayor and Councilpersons for
Districts 2 and 3; and
WHEREAS, pursuant to said Ordinance No. 2012-3401 and Sections 143.007 and
146.054 of the Texas Election Code, the deadline for filing applications for a place on the ballot
and declaration of write-in candidacy for the City's municipal officers' election has expired; and
WHEREAS, the City Secretary, in accordance with Section 2.052, Texas Election Code,
has certified to the City Council in writing that Louis R. Rigby is unopposed for election to the
office of Mayor; Chuck Engelken is unopposed for election to the office of Councilperson
District 2; and Daryl Leonard is unopposed for election to the office of Councilperson District 3;
and a copy of such Certification of Unopposed Candidates labeled Exhibit A is attached hereto
and made a part hereof; and
WHEREAS, the City Council hereby finds and determines that Louis R. Rigby, Chuck
Engelken and Daryl Leonard, candidate for Mayor, and Districts 2 and 3, respectively, whose
names are to appear on the ballot in said election are unopposed; and no propositions and no
opposed at -large elections are to appear on the ballot for such election; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. The facts and matters set forth in the preamble of this ordinance are
hereby found to be true and correct.
Section 2. In accordance with Section 2.053, Texas Election Code, Louis R. Rigby,
Chuck Engelken, and Daryl Leonard are hereby declared duly elected to the respective offices
shown and shall be issued a certificate of election in the same manner and at the same time as
provided for a candidate elected at the election:
Louis R. Rigby — Mayor
Chuck Engelken — Councilperson District 2
Daryl Leonard — Councilperson District 3
Cancellation of 2012 General Election; Page 1
Section 3. Pursuant to Section 2.053, Texas Election Code, the general municipal
officers' election heretofore called and ordered pursuant to City of La Porte, Ordinance No.
2012-3401, for the 12th day of May, 2012, shall not be held; and the City Secretary is hereby
directed to cause a copy of this ordinance to be posted on election day, same being May 12,
2012, at the polling places that would have been used in such election.
Section 4. All ordinances or parts of ordinances inconsistent or in conflict herewith
are, to the extent of such inconsistency or conflict, hereby repealed.
Section 5. In the event any clause, phrase, provision, sentence, or part of this
ordinance or the application of same to any person or circumstance shall for any reason be
adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect,
impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part
declared to be invalid or unconstitutional; and the City Council of the City of La Porte, Texas,
declares that it would have passed each and every part of the same notwithstanding the
omission of any such part thus declared to be invalid or unconstitutional, whether there by one
or more parts.
Section 6. 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, APPROVED and ADOPTED on this the 26th day of March, 2012.
By:
A ST:
Patrice Fogarty, 16AecretaVy
APPR VED:
Knox Askins, City Attorney
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CITY OF LA PORTE
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Cancellation of 2012 General Election; Page 2
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CITYOF LA PORTE
OFFICE OF THE CITY SECRETARY
Patrice Fogarty, TRMC, MMC c,= : t .�•'g -- r et-_;xc__
604 W. Fairmont Parkway Phone: 281-470-5019
La Porte, Texas 77571 Fax: 281470-5009
CERTIFICATION OF UNOPPOSED CANDIDATES
CERTIFICACION DE CANDIDA TOS UNICOS
To: Presiding Officer of Governing Body
Al: Presidente de la entidad gobernante
As the authority responsible for having the official ballot prepared, I hereby certify that the following
candidates are unopposed for election to office for the election scheduled to be held on May 12,
2012.
Como autoridad a cargo de la preparation de la boleta de votacion official, por la presente certifico
quo los siguientes candidates son candidates unicos para election para un cargo on la election que
se llevara a Cabo el 12 de Mayo, 2012.
List of offices and names of candidates:
Lista de cargos y nombres de los candidates:
Offices Cargos Candidates Candidatos
Mayor Louis R. Rigby
Alcalde
Councilperson District 2 Chuck Engelken
Persona de Concilio Distrito numero 2
Councilperson District 3 Daryl Leonard
Persona de Concilio Distrito numero 3
Date of signing (Fecha de firma)
frr m Li t (,
Patrice Fogarty, CW Secretary y�*
(Patrice Fogarty la secretaria de la Ciudad)
EXHIBIT A
Cancellation of 2012 General Election; Page 3