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Home My WebLink AboutO-2022-3862 Ordering a Special Election to be held on the 7th day of May 2022ORDINANCE 2022-3862 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 7TH DAY OF MAY 2022TO APPROVE OR DENY THE FOLLOWING PROPOSITION: "THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF LA PORTE, TEXAS, AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS. THE TAX EXPIRES ON THE FOURTH ANNIVERSARY OF THE DATE OF THIS ELECTION UNLESS THE IMPOSITION OF THE TAX IS REAUTHORIZED."; DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, The Texas State Legislature has called for two state constitutional ballot amendment measures to be placed on the ballot for a statewide election on the May 2022 uniform election date; and WHEREAS, The City of La Porte will hold a special election to approve or deny the following proposition: "The reauthorization of the local sales and use tax in the City of La Porte, Texas, at the rate of one-fourth of one percent to continue providing revenue for maintenance and repair of municipal streets. The tax expires on the fourth anniversary of the date of this election unless the imposition of the tax is reauthorized.", to be held on the May 2022 uniform election date; and WHEREAS, The City Council finds that it is in the public interest to enter into a joint election agreement and election services contract with Harris County in order to provide the most efficient and convenient voting opportunities for both the City and State elections, with voting available in all Harris County polling locations and the potential for extended hours for early voting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: SECTION 1. A special municipal election of the City of La Porte, Texas, shall be held between seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m. on the 7' day of May 2022, in the city, for the purpose of approving or denying the proposition: "The reauthorization of the local sales and use tax in the City of La Porte, Texas, at the rate of one-fourth of one percent to continue providing revenue for maintenance and repair of municipal streets. The tax expires on the fourth anniversary of the date of this election unless the imposition of the tax is reauthorized.". SECTION 2. The City is hereby divided into six (6) election precincts, corresponding to the boundaries of the six City Council single -member districts. The boundaries of such districts are as established, defined, and outlined in Ordinance 2011-3384. The polling places for these election precincts shall be as designated by Harris County. SECTION 3. This election shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. The City Council has determined, pursuant to Chapter 271 of the Texas Election Code, that the City is authorized to enter into a Joint Election Agreement with Harris County and other participating political subdivisions for this election. The City Secretary and Mayor are hereby authorized to perform all duties and take all actions as required by any election services contract(s) and/or joint election agreement(s) that may be authorized by the City Council. SECTION 4. Harris County shall appoint the Early Voting Clerk and Deputy Early Voting Clerk for early voting in person and voting by mail, and shall designate the Main Early Voting Location for early voting for the election. Applications for ballot by mail (ABBM) shall be mailed, faxed, emailed, or delivered by common or contract carrier to: Regular mail: Isabel Longoria Harris County Elections Administrator Attn: Elections Division Post Office Box 1148 Houston, TX 77251-1148 Phone: (713) 755-6965 Fax: (713)-755-4983 or (713)-437-8683 Email: VBM@HarrisVotes.com Common or contract carrier: Isabel Longoria Harris County Elections Administrator 1001 Preston, 4th Floor Houston, TX 77002 who shall, upon approval of the application, provide balloting materials to the voter in accordance with the Texas Election Code. The deadline to hand -deliver an application for a ballot by mail (ABBM) is Friday, April 22, 2022. The last day for the early voting clerk to receive applications for a ballot to be voted by mail via mail (regardless of postmarked date), fax, common or contract carrier, or email, is Tuesday, April 26, 2022, in accordance with Election Code Sec. 84.007(c). If a voter submits an application for ballot by mail via fax or email, the Early Voting Clerk must receive an original or a copy with a wet signature via mail within four (4) business days of the submission of the fax or email, in accordance with Election Code Sec. 84.007(b-1). The places at which Early Voting by personal appearance shall be conducted shall be designated by Harris County. During the lawful early voting period, the Early Voting Clerk shall keep such locations for early voting open for early voting as required by the Texas Election Code, at a minimum. SECTION 5. 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. Harris County, via the joint election agreementlelection services contract with the City of La Porte, shall 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. The City Secretary of the City of La Porte shall issue notice of said election to be published one time in the Bay Area Observer, 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; in addition, notice of said election shall be posted on the bulletin board in City Hall not later than the twenty-first (121 st) day before election day and remain posted thorough election day, SECTION7. The Mayor and/or the City Secretary ofthe City of LaPorte are hereby authorized to eXCCLite and/or issue, for and. on behalf ofthe City, such orders, documents, and foirns as may, from time to time, be PI-011ILLIgated by the Secretary of State of the State of "Texas in conjunction with the election herein ordained. SEcri0N 8. Each and every provision, paragraph, sentence and clause of this ordinance has been separately considered and passed by the City Council ot"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 ineffiective, 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 lorcejust as if it had been passed alone. SE(AJON 9. The City Council officially finds, determines, recites, and declares that, a sufficient written notice of the date, hour, place, and subjcct of this meeting of the City Cou ncil was posted at a place convenient to the public at the City f lall of the City for the time required by law preceding this meeting, as required by Texas 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. SEC r.10N 10. This ordinance shall be in effect immediately upon its passage and approval. PASSED AND APPROVED, this — R14 L�-- day of January, 2022. ,rEXAS APPROVED AS TO FORM: Clark 1'. ,skins, Assistant City Attorney