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HomeMy WebLinkAboutOrd 2025-4049_Termination Campaign Treasurer AppointmentsORDINANCE 2025-4049 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AMENDING THE CITY OF LA PORTE, TEXAS, CODE OF ORDINANCES, CHAPTER 2 "ADMINISTRATION', BY ADDING NEW ARTICLE VI "ELECTIONS", AND ADOPTING PROCEDURES FOR THE TERMINATION OF ACAMPAIGN TREASURER APPOINTMENT FOR AN INACTIVE CANDIDATE OR POLITICAL COMMITTEE; CONTAINING A REPEALING CLAUSE; PROVIDING FOR SEVERABILITY; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; ESTABLISHING AN EFFECTIVE DATE; WHEREAS, the City of La Porte, Texas is a home rule municipality incorporated and operating under the authority of its Charter pursuant to Article XI, Section 5 of the Texas Constitution, and Chapter 9 of the Texas Local Government Code; and WHEREAS, the City Council of the City of La Porte, Texas, recognizes a need to add to its existing Code of Ordinances to adopt procedures by which the city may terminate the campaign treasurer appointment of an inactive candidate or political committee; and WHEREAS, Section 252.0131 of the Texas Election Code authorizes the governing body of a political subdivision by ordinance or order to adopt a process by which the city secretary of the political subdivision may terminate the campaign treasurer appointment of an inactive candidate or political committee that is required to file a campaign treasurer appointment with the secretary; and WHEREAS, the City Council of the City of La Porte, Texas, has determined that the adoption of a termination process is in the best interest of the City of La Porte and will promote the health, safety and general welfare of citizens of the City of La Porte and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1: The foregoing recitals are incorporated into this ordinance by reference as findings of fact as if expressly set forth herein. Section 2: That Chapter 2 "Administration" of the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding new Article VI "Elections", which article shall hereinafter read as follows: "Article VI. Elections Division 1. Termination of Inactive Campaign Treasurer Appointment. Sec. 2-200: Definitions In this section, "inactive candidate" or "inactive political committee" means a candidate or political committee that: (1) has not filed a required report under Texas Election Code, Chapter 254 (Political Reporting), for more than one year since the last reporting deadline; (2) in the case of a candidate, has not been elected to an office for which a candidate is required to file a campaign treasurer appointment with the city clerk; and (3) has not filed: (a) a final report under Texas Election Code, Section 254.065 (Final Report) or 254.125 (Final Report of Committee for Supporting or Opposing Candidate or Measure); or (b) a dissolution report under Texas Election Code, Section 254.126 (Dissolution Report of Committee for Assisting Officeholder) or 254.159 (Dissolution Report). Sec. 2-201. - Termination by City Secretary. The city secretary may terminate the campaign treasurer appointment of an inactive candidate or inactive political committee, subject to approval by the city council. a) Before the city secretary may terminate a campaign treasurer appointment under this section the city secretary must provide written notice to the affected candidate or committee of: (1) the proposed termination of the candidate's or committee's campaign treasurer appointment; (2) the dale, lime, and place of the meeting at which the city council will consider the proposed termination; and (3) the effect of termination of the candidate's or committee's campaign treasurer appointment. b) the city council must consider and approve the proposed termination of campaign treasurer appointment of an inactive candidate or inactive political committee at a regular or special meeting of the city council. c) The termination of a campaign treasurer appointment underthis division takes effect on the 30th day after the date of the meeting at which the city council votes to terminate the appointment. Following that meeting, the city secretary shall promptly notify the affected candidate or political committee that the appointment has been terminated. The notice must state the effective date of the termination." Section 3: All ordinances, resolutions, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated, herein. Section 4. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 5. The City Council officially finds, determines, and 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. Section 6. This Ordinance shall take effect immediately upon its passage and approval PASSED AND APPROVED this the 24th day of February, 2025. CITY OF LA Rick APPROVED AS TO Clark T. Askins, City Attorney