HomeMy WebLinkAboutO-2023-3910ORDINANCE 2023-3910
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
ORDERING A REGULAR MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF
MAY 2023; 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 City of La Porte will hold a regular municipal election for the election of City Council
member positions designated as Councilperson At -Large Position B, Councilperson-District 1, and
Councilperson-District 6, on the May 6, 2023, uniform election date; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, THAT:
SECTION I. The regular municipal election of the City of La Porte, Texas, for election of members of the
City Council as prescribed by Section 2.03 of the City Charter, shall be held between seven o'clock (7:00) a.m.
and seven o'clock (7:00) p.m. on the 6' day of May 2023, in the city, for the purpose of electing Councilperson
At -Large Position B, a Councilperson-District 1, and a Councilperson-District 6. A runoff election will be held,
if necessary, between seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m. on Saturday, June 17, 2023.
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 follows:
Precinct/District Pollinp, Location
1, 2, 3, and 6 LPISD's ITC Building, 9832 Spencer Highway, La Porte, 77571
4 and 5 City of La Porte City Hall Council Chambers, 604 West Fairmont Parkway,
La Porte, 77571
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 the La Porte Independent School District
(LPISD), 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. Any eligible and qualified person may have his or her name placed upon the official ballot as
an independent candidate by submitting an application, which, in accordance with Texas Election Code Section
141.031, must be in writing and be signed and sworn to by the candidate and indicate that the candidate swears
to the application. Such application for the general election may be filed with the City Secretary beginning on
January 18, 2023, and must be filed not later than 5:00 p.m. on February 17, 2023. Candidate filings will be
accepted in the office of the City Secretary, 604 West Fairmont Parkway, La Porte, Texas, 77571, from 8 a.m.-
5 p.m. Monday through Friday.
SECTION 5. The positions of Councilperson At -Large Position B, a Councilperson-District 1, and a
Councilperson-District 6 shall each be elected and installed with the candidate that receives a majority of all
the votes cast for the office for which he or she is a candidate and shall hold office for a period of three (3)
years.
SECTION 6. Each candidate for the office of Councilperson At -Large Position B must be a resident of the
City for twelve (12) months immediately preceding election day. Each candidate for the office of
Councilperson-District I and Councilperson-District 6 must be a resident of the City for twelve (12) months
immediately preceding election day and must also be a resident of the district for which he or she files for
twelve (12) months immediately preceding election day, in accordance with Section 2.02(a) of the City Charter.
SECTION 7. Lee Woodward, City Secretary, is appointed as the Early Voting Clerk, and Sharon Harris,
Deputy City Secretary, is appointed as the Deputy Early Voting Clerk, for the joint early voting in person and
voting by mail, and the City of La Porte City Hall, City Council Chamber, 604 West Fairmont Parkway, La
Porte, Texas, 77571, is hereby designated as the Main Early Voting Location for early voting for the election.
Applications for ballot by mail shall be mailed, faxed, emailed, or delivered by common or contract carrier to:
Lee Woodward, City Secretary
City of La Porte
604 West Fainnont Parkway
La Porte, Texas 77571
Phone: 281-470-5021 Fax: 281-842-3701 Email: CitySecretary@LaPorteTX.gov
City website: LaPorteTX.gov Election webpage: LaPorteTX.gov/EIections or /Elecciones
who shall upon approval of the application provide balloting materials to the voter in accordance with the Texas
Election Code.
The places at which Early Voting by personal appearance shall be conducted are designated as the La Porte
City Hall, 604 West Fairmont Parkway, La Porte, Texas, (main early voting polling place), and the Instructional
Technology Center (ITC Building), 9832 Spencer Highway, La Porte, Texas, (branch early voting polling
place).
During the lawful early voting period, such Early Voting Clerk shall keep such locations for early voting open
for early voting on weekdays from 8:00 a.m.--5:00 p.m., beginning Monday, April 24, 2023, and continuing
through Tuesday, May 2, 2023.
An applicant for a ballot to be voted by mail (ABBM or FPCA) may submit the application by delivering it in
person to the early voting clerk if the application is submitted not later than the close of regular business in the
clerk's office on Tuesday, April 25, 2023 (Texas Election Code Sec. 84.008). 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 25, 2023, (Texas 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, (Texas Election Code Sec. 84.007(b-1)).
SECTION 8. 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. The City Secretary is hereby
authorized 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 9. 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
(211) day before election day and remain posted thorough election day.
SECTION 10. The Mayor and/or the City Secretary of the City of LaPorte are hereby authorized to execute
and/or issue, for and on behalf of the City, such orders, documents, and forms as may, from time to time, be
promulgated by the Secretary of State of the State of Texas in conjunction with the election herein ordained.
SECTION 11. 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 12. The City Council officially finds, determines, recites, and declares that a sufficient written
notice of the date, hour, place, and subject of this meeting ofthe 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
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.
SECTION 13. This ordinance shall be in effect immediately upon its passage and approval.
PASSED AND APPROVED, this D3^A day of January, 2023.
CITY O T 7S--
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Lot's . Rigby, Mayo
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APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney