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HomeMy WebLinkAbout1980-04-09 Special Meeting• • • MINUTES - SPECIAL MEETING OF THE LA PORTE CITY COMMISSION, LA PORTE, TEXAS APRIL 9, 1980 6:30 P.M. MEMBERS OF THE COMMISSION PRESENT: Mayor J. J. Meza, Commissioners John Tomerlin, I. J. Kibodeaux, Virginia Cline, and Tom C. Simons. MEMBERS OF THE COMMISSION ABSENT: None. OTHER CITY OFFICIALS PRESENT: James R. Hudgens, City Administrator.; Betty Blackmon, Acting City Clerk; Knox Askins, City Attorney; H. F. Freeman, Police Chief; Jack Burks, Public Works Director; Stan Sherwood, Parks and Recreation Director; Joe 5ease, Fire Chief; • D. R. McLaughlin, Fire Marshall; Paul Hickenbottom, Asst. Fire Marshall; David Paulissen and Ben Talburt, Code Enforcement. OTHERS PRESENT: Norman Mallone, Mayor of Lomax; Betty Waters, City Clerk of Lomax and Mr. Waters; Lou Lawler and Nadine Jones, Election Judges; Mr. & Mrs. Fred Westergren, Jr.; John Courville; Mrs. Evelyn Kennedy; Rufus Smith; Fred Beck. PRESIDING: Mayor J. J. Meza. + + + 1. CALL TO ORDER - Mayor Meza called the meeting to order. + + + 2. INVOCATION - The invocation was given by Commissioner Simons. • + + + Special Meeting - 4/9/8- ;~ 3. CANVASS RESULTS OF ANNUAL ELECTION OF APRIL 5, 1980, AND CONSIDER APPROVING ORDINANCE NO. 1 92 - The Commission canvassed the results of the election. After the proposed ordinance was read in full, motion by Commissioner .Cline, seconded by Commissioner Tomerlin to approve Ordinance No. 1192 as read. Motion carried by the following vote: 2 AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. CAPTION: AN ORDINANCE DECLARING THE RESULTS OF THE REGULAR ELECTION HELD IN THE CITY OF LA PORTS ON APRIL 5, 1980, FOR THE ELECTION OF A CITY COMMISSIONER, POSITION 2, A CITY COMMISSIONER, POSITION 4, AND A MAYOR. CANVASS RESULTS OF ELECTION FOR CONSOLIDATION OF THE CITY OF LA PORTS AND THE CITY OF LOMAX - The Commission canvassed the results of the election. After the proposed Ordinance was read in full and corrected, motion by Commissioner Simons, seconded by Commissioner • Kibodeaux to approve Ordinance No. 1193 as corrected. Motion carried by the following vote: AYES: Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. CAPTION: AN ORDINANCE DECLARING THE RESULTS OF THE ELECTION ON THE QUESTION OF CONSOLIDATION OF THE CITY OF LOMAX, TEXAS, WITH THE CITY OF LA PORTS, TEXAS, HELD IN THE CITY OF LA PORTS ON APRIL 5, 1980. + + + 4. ADMINISTRATIVE REPORTS - There were no administrative reports. + + + 5. COUNCIL ACTION - There was no Council action. + + + • Special Meeting - 4/9/80 3 6. EXECUTIVE SESSIODI - V.A.T.S. - ARTICLE 6252-17 - SECTION 2 - E , (F , AND G - (LEGAL, LAND ACQUISITION, AND PERSONNEL) - There was no executive session. + + + 7. ADJOURNMENT - Motion by Commissioner Tomerlin, seconded by Commissioner Simons that the meeting adjourn. Motion carried by the following vote: AYES:. Commissioners Tomerlin, Kibodeaux, Cline, and Simons. NAYS: None. The meeting adjourned at 7:23 P.M. Betty ac , sting City Clerk • Passed and Approved this the 16th day of April, 1980 J. J. Meza, Mayor C ~ 1 ~ F April 9, 1980 Mr. Tom Whatley, Staff Assistant Hon. Bob Eckhardt Longworth House Office Bldg., Room 1741 Washington, D.C. 20515 Dear Mr. Whatley: r Confirming our telephone conversation this morning, the City of La Porte requests that you hand deliver the enclosed submission under the Voting Rights Act, to Mr. John K. Tanner, Assistant Attorney General, U. S. Department of Justice. Mr. Tanner's tele-- phone number is 202/724-7399, so that you may contact him and get his office location for the delivery. His office is not in the Justice Department Building, but in an office building in downtown Washington, D.C. Mr. Tanner advised the City of La Porte that it will greatly expe- dite the handling of this matter, to have it delivered through a Congressional office. Therefore, we greatly appreciate your assistance in this matter, to the City of La Porte. Finally, I would greatly appreciate a collect telephone call from you, when the delivery has been completed. Again, our many thanks. Yours very truly, CITY OF LA PORTE J. J. Meza, Mayo JJM/jg Enclosure r 1 LJ '1 ~~~ .:7; ._~__ • ~_ _~ ;~- April 10, 1980 Pir. John K. Tanner Assistant Attorney General Civil Rights Division Department of Justice Washington, D.C. 20530 Re: Submission under Section 5, Voting Rights Act Dear Mr. Tanner: The City of La Porte (including the consolidated City of Lomax) sub- mits, in duplicate, information concerning a proposed change in • voting procedures, which may have the effect of changing a standard, practice or procedure affecting voting, under the Voting Rights Act as amended in 1975, Public Law 94-73. This submission concerns the consolidation of the City of Lomax, Texas, and the redistricting of the combined city made necessary thereby. The request for preclearance of the consolidation presumes the approval of the new city charter by the electorate at an election to be held on August 9, 1980. The cities request that the consoli- dation be precleared now, and that the prior submissions concerning the new La Porte charter and districts thereunder be amended and precleared for the August election. This would allow the citizens of the territory formerly in Lomax to vote upon the form of city government by which they will be governed. Pursuant to petition of its citizens, an election was held in Lomax on January 19, 1980, at which consolidation cvas overwhelmingly approved. On April 5, 1980, the issue was submitted to La Porte voters, based upon their petition, and was approved. The Texas state statutes authorizing consolidation are attached hereto as Exhibit "A". s • Mr. ~7ohn K. Tanner Washington, D.C. 20530 C7 April 10, 1980 Page 2 The Cities respectfully request special expedited consideration of this submission, for the following reasons: (1) The City of Lomax has been notified that its water and sewer services will be terminated as of July 30, 1980. A copy of the notice of such is attached hereto as Exhibit "B". (2) A time table of the events necessary for a charter amendment election at the next legal election date, August 9, 1980, is attached hereto as Exhibit "C". If the City were unable to accomplish all of the prerequisites for a charter election as shown therein, the next date at which a charter election could be held under Texas law would be January 16, 1981. Our current City charter requires that copies of the new charter be mailed to all voters in the City. Expedited pre- clearance will permit the residents of Lomax to participate in the charter election. The following information is given in compliance with Part 51 of Title 23, Judicial Administration: (1) A copy of Ordinance Number 1193 of the City of La Porte, Texas, which ordinance embodies the proposed changes affecting voting, is attached hereto as Exhibit "D". This ordinance canvasses the election which consummated the consolidation of the cities of La Porte and Lomax. A copy of Ordinance Number 186 of the City of Lomax, Texas, is attached as Exhibit "E", canvassing the election in which the citizens of Lomax expressed their desire for consolidation with La Porte. (2) Under Texas law, the only remaining formality is a certifi- cation by the cities of La Porte and Lomax to the Texas Attorney General of the favorable outcome of the election. The cities anticipate that this certification will be filed to become effective on April 28, 1980, at 12:01 a.m, which time will serve as the mo,nent of consolidation for all purposes. Copies of the certifications by the two mayors are attached hereto as Exhibit "F". (3) This change has been brought about by petition and election of the people of the cities of La Porte and Lomax. The redis- tricting of the combined City of La Porte is a responsibility of the City Commission of the combined City. The districting proposal submitted herein was drawn on April 7, 1980, at a joint meeting of the City Commission and the Charter Revision Committee. Minority members were present at that meeting, participated in discussion and joined in the unanimous vote • Mr. John K. Tanner i~lashington, D.C. 20530 April 10, 1980 Page 3 in favor of this proposal. This districting-plan is based on local censuses and will be revised as soon as practicable following the availability of demographic data from the April 1, 1980, federal census. Such revisions will, of course, be submitted for Justice Department- preclearance. (4) The consolidation of the cities will affect voting, in that the population of the City of La Porte will be increased twenty-three per cent (230) by the addition of the territory of the City of Lomax. (5) The change affecting voting has not yet been enforced or administered. (6) i•Jith respect to consolidation and redistricting, the following ' supporting materials are provided: (a) This consolidation has been brought about by a desire of the populace to efficiently manage their municipal gov- ernment. Various factors have contributed to this. The City of Lomax had experienced difficulty in providing a good grade of streets in many areas of its city, and was also faced with the necessity of building a sewage treat- ment plant, which would have been prohibitively costly to its tax payers. .The City of La Porte is well along in a program to build a new sewage treatment plant which will be more than adequate for the addition of Lomax. Also, the residents of the two cities function for many purposes as though they were one city. They attend the same schools, shop in the same stores, and generally consider themselves to be from the same area. (b) It is anticipated that this consolidation will provide a more effective and more efficient city government for the area. (c) There has been no litigation concerning the change af- fecting voting or related prior voting practices, and none is pending. (d) A list of all other changes which have been submitted under Section 4 of the Voting Rights Act was provided in the City of La Porte submission of date August 9, 1979. Sub- missions since that time have concerned the charter revision of the City of La Porte, and were submitted on August 9, 1979, September 28, 1979, October 26, 1979, November 1, 1979, and i~iarch 5, 1980. (See previous City of La Porte files DJ 166-012-3, C5780-5784-C7374, in- corporated by reference herein and made a part Hereof). Mr. John K. Tanner April 10, 1980 Washington, D.C. 20530 Page 4 (e) Maps of the area showing demographic information have been submitted with the prior submissions listed above. The present commission form of government provides that all members be elcted from the City at-large. A con- densed map showing the districts for under the proposed new charter La Porte only, as submitted March 5, 1980, is attached hereto as Exhibit "G". (f) A condensed map showing the proposed new district lines for the consolidated City is attached hereto as Exhibit "H" . (g) Population distribution by race within the currently submitted districts under the new Charter was submitted on March 5, 1980, a summary of such is attached hereto as Exhibit "I". Population distribution by race within the proposed district is attached hereto as Exhibit "J". A comparison of the population before and after consol- idation is attached hereto as Exhibit "K". • The population information concerning Lomax was obtained by a local census which was conducted during December, 1979, in the same manner as La Porte's census, cahich is described in the submission of August 8, 1979. The Cities of La Porte and Lomax respectfully request approval of these changes affecting voting at this time. If further information is desired, please advise. Respectfully submitted, CITY OF LA PORTE (including the consolidated City of Lomax) By Knox W. Askins City Attorney By Gail J. Hamilton Assistant City Attorney • KS~YA/GJH/bw Enclosures • • Mr. John K. Tanner Washington, D.C. 20530 cc: Hon. Mayor and City Commissioners CITY OF LA PORTE P.O.Box 1115 La Porte, Texas 77571 Hon. Mayor and City Council CITY OF LOMAX 1508 Lomax School Rd. La Porte, Texas 77571 Alembers of Charter Revision Committee CITY OF LA PORTE P.O.Box 1115 La Porte, Texas 77571 • April 10, 1980 Page 5 • EXHIBIT "A" • Texas Law Concerning Consolidation Revised Civil Statutes of Texas, Annotated Article 1188, et seq. CONSOLID~1'i'ION OF CI'I`1LS • Art. 1188. Authority. 1188-(a). Consolidation of cities, to~ti'ns or villages under 5000 ~sith cities over 5000. 1]89. Petition. 1.190. Election. 1191. "Consolidation." J191a. Qualified electors. 1192. Rebistration. J 93. :1Jer~ er. 1193x. ~"alidat.ing extension of corporate limits of certain cities and towns. 1193b. j'alidaiing extension of limits of certain cities. Cv»u}tcatfu}•p/ on the HistorJ, Sl<zit~s and I'zcncfion of 1'ztlc ~8, Cities, Totc~ns cznd j'ill!,ges, by Tt•,!cti,an O'Qtcinn of tlcc Az!_sf~n l;czr, fortitcrl~ Cif Aftot~ncy of tltc Cif of At!sfin, sec ~n!/cs X111 i.o ~ ~.1VIII of i'oltcme ~A, 1-~rt. 1188. :luthorit3• ~~'hen t~~•o (`') or more incorporated to~rns or cities in this State adjoining and contiguous to each other in the same county shall be desirous of being consolidated, it shall be la«-ful for them to do so by calling and holding an election for suc}i purpose so as to consolidate under one go~•ernment and take the name of the largest city, wlless provided other«•ise at the time of such consolic?ation, in the manner and subject to the provisions of Chapter 15, Title `?S, I:evised Civil Statutes of 1~`?~. Acts 1917, p. 7l_; Acts 1917, ~Oth Leg., p. ?Gl, ch. 1JJ, ~ 1; Acts ] 9~7, JJt}1 Leo., p. 380, C}l. 183, ~ 1. Historical Rote The arnendator}• Act of 79-17 deleted the rertuirc•nxmt that the PrrPUlalion should he otcr 5000, inrludcd incorporated toc~ns ~cithin the Prot isions of this article, and added the words "or Arliclcs of ]ncorlw- ration" and the ~tords "unless Protidrd otherwise at the time of r-uc•h cunsulida- tion." The ]957 autendmrnt re°quired the calling and holding of an election for consolidation r:lUrer than the adoption or amendment of "their respective charters or Articles of ]ncurporation." Notes cf Decisions • Library references Municipal Corporations C~31. Citp of Houston Hiichts mould not he dis- C.J.S. I1lunicipal Corporations § 97. turLed ~whcre the inhaLitants ~cere afford- ed an oPl~ttrw nit}- to and did lrarticihste 1. Consolidation in the election ~•staLtiahinh the Loundsrics. The auundment of the c}:nrter of the Cohen ~~. Cit}• of Hon<ton (Ciw.:11~1~.1916) City of Houston consolidating kith the ?0:, S.AC. ,57. ~?S ~ ~ • • A1't. 1 ~ ~cg--~1~. Consolidstlun of cilics, ton•us or ~~illabcs un- der :1000 n•ith cities over X000 Upon comb,lying with the provisions hereinafter prescribed in this Chapter, any city, te«•n or village of Jess than five thousand (5,- 000) polnl]atiun according to the last preceding Federal Census may be consoli<lated under one government with an adjoining and contib-u- ous city having a population of more than five thousand (5,000) in- habitants according to the last preceding Federal Census, when both of said municipalities arc situated in the same county having a popu)a- tion of more than three hundred thousand (300,000) inhabitants ac- cording to the last preceding Federal Census. This section is hereby dec•]<u•ed retroactive to the following extent: All petitions purporting to be signed by qualified voters and presented to the governing boc}y and all ordinances, resolutions, notices, declara- tions or other acts by the governing body of any city-, toti~-n or village coming within the applicable provisions of this section, purporting to be in compliance ~~•ith the statutory provisions contained in Chapter 7 ~ of 'Title 28, P~evised Civil Statutes of ] 925 ; and any notice, declara- tion, certificate or other act required to be dune or purporting to have been dune by : ny .lia~•or, Councilman, Comii~issioner, Alderman, City Secretary or City Clerk in compliance «•it}, the statutory requisites of Chapter 15 of Title ?S, Fevised Civil Statutes of ] 0~5, shall 11avc the same legal efI•ect as if there had then existed a ]ativ authorizing each act to have been dune and authorizing cities, towns and villages of less than fve thousand (5,000) population to consolidate. Anv election he}d prior to the enactment of this Act submitting the question of con- solidation to the qualifed voters of cities or to~;•ns aufhorized to con- solidate b5- this Act, shall in all things be deemed a legal and valid elec- tion as if this law had been in existence on the date of such election; provided the requirements of law applic•ab}e to consolidation of cities and towns have otherwise been complied with. Added Acts 195, 49th Leg., p. 71, ch. 50, ~ 1. Library references: Municipal Corporations a37; C.J.S. ~Iunicil,al Corporations ~ 47. Histoi•ica2 Note Section 2 of the Act of ]915 read as fol- r.ason held to Le invalid or unronstiur- lon's: tional, ~uc•h deci=ion shall not affect the "If any- Grotion, ~nl~section, srntc•nce, validity- of the rcn~aining portion of this clause or phrase of this Act is for any- Act." • • • • Art. 1189. Petition; elections; contests; time ]imitations (a) ~~'henevcr as many as one hundred (100) qualified voters of each of said cities shall petition the governing body of their respective cities to order an election for the purpose of voting on the consolidation of such cities into one city, said Lodies may order an election to be held at the usual voting places in the city on such proposition. If any such petition be signed, however, Ly qualified voters equal to fifteen percent (l5;'0) of the total vote cast at the last preceding general elec•tivn fur city officials • in any of said cities, next preceding the filing of said petitions, the re- spective governing Lodies receiving such a petition shall order an election to be held on such proposition, except as hereinafter Iu•ovided. (b) The election on consolidation shall first be held in the city having the smallest population according to Lhe last preceding Federal Census. ~i'hen a petition for consolidation has been presented to the governing body of the city having the smallest population, such governing bod}• may, on a petition signed by one hundred (100) qualified voters, order an elec- tion for such purpose tivithin forty-five (45) days after the receipt there- of. Upon the presentation of a petition in the city having the smallest population sibned b}• qualified voters equal to fifteen percent (15 0) of the total vote cast at the last preceding general election for the city of- ficials in such city next preceding the filing thereof, the governing body of the city shall order an election within forty-five (45) days after the filing of the petition. Any such election shall be held within not less than thirty (30) nor more than ninety (90) days from the date of the election order. (c) «'hen the proposition has received a majority vote in favor of consolidation at an election in any city, the larger city or cities where no election has been held, in inverse order of rank in population according to • the last preceding Federal Census, may or shall, depending on the number of qualified signatures on the petition presented in each such city, order an election on the same proposition ~ti•ithin forty-five (45) days after the election returns have been canvassed in the neat smaller city in which a majority have voted in favor of consolidation. Any such election shall be held within not less than thirty (30) nor mvre than ninety (90) days from the date of the election order. If the proposition for consolidation fails to receive a majority of the votes in :rn election held for that purpose in any city, the larger city or cities which have not held an election shall not order an election for consolidation. (d) If an election contest is timely filed in any such election, the governing body of each ):u•ger city which has not held its consolidation elective may defer holding the election until the election contest is finally terminated. If no election curtest is timely filed in any such election, the governing body of the next larger city may, when acting on a petition filed by one hundred qualified voters, and shall, when acting on a petition filed by voters equal to fifteen percent (15 0) of the total vote cast at the last preceding general election for city officials, order an election for such purpose. (e) If the proposition for consolidation fails to receive a majority of votes in favor thereof in an election in any of such cities, no cvnsolidation election involving the same irlcntical cities on the consolidation proposi- tion which is defeated shall Lc held within two (2) years from the date of fhe defeat of such proposition in a consolidation election in any such city. Amended by Acts 1971, G2nd Leg., p. G8, ch. 35, ~ 1, eff. `,f arch 22, 1971. • ~ ~ U Art. 1190. F,}ection The governing body of each of said cities shall appoint from among the qualified voters of their respective cities, judges and clerks of said elections, and such elections shall be conducted under the ordinances of said cities, and in conformity ~i•ith the general ]arcs of this State. All persons voting at such election in favor of consolidation shall have »•ritten or printed on ihcir ballots the ~•, orris "For Consolidation," and al] persons voting at such election not in favor of consolidation shall have written or printed on their ballots the ~rords, "Against Consolida- tion." Id. Library references: afunicipal Corporations Ca34; C.J.S. ',tunici;ral Corporations ¢ `u 8. Art. 1191. ``COrrSl7}t(l:rtlolll" The term "consolidation," as used in this Chapter, n;eans the adop- tion by the smaller city or cities of the charter and ordinances and • name of the larger of said cities, and the inclusion l;'ithin the larger city of all of the territory of the smaller city or cities so consolidated with it, and the area of the smaller city or cities sha)1 become subject to all t}re lay', s and regulations of the larger city. Acts 1917, p. 71 ; Acts ] 957, 55th Lc~g., p. ,.^,SO, ch. l S3, ~ ~. Library references: \innici;~al Cor;~nrations ~~1; C.J.S. '~Suuicipal Corporations ~` 47. \Cord: and ]'hrssc•s (Penn. I?d.) • Historical '_Vote - This articl~•. as rnit:inallp en;~ct~ d, rrad ;.morniment cf the charter of the ]ar~er as follotrs: "The term 'con~-olidatior..' as c•itics so ns to include in its Loundaric•s the used in this c}~;,pter. mor.n~ the adoption territory of the smalls city or cities so by the smaller cities of the charter and consolidated pith it." name of the larFe•r of =aid cities, and the Cross References Annr~atinn of tc~rritor}• of tvatc~r c•t,ntror and inllu•ot~cntcnt districts or fresh n•ater snpr~l~• districts, sec art. 7r<"c -1. Cun~olidation of rite of Deer 'f10,0~0 tt•ith r~thcr rite ur t~~~tt~n not to effect c•onsolida• tion of Sc1,no1 districts, sec :u•t. _'S0~-l. Art. 1191 a. Qualified electors All those )Jlectors qualified to rote for city officers s}call be eligible to tote in the elections herein provided. Acts ]957, 55th Leg., p. ~ 80, ch. 183, § 3. Library references: I/leclions C~59; C.J.S. I~lections ~ 1G. 230 r • Art. 1192, rcbist,ration 1f a majority of the qualified voters at said election in each of said cities shall vote in favor of consolidation, the mayor or chief executive of3icer exercising like or simi)ar Powers of each of said cities as soon as practicab)e after the returns of said election have been made, shall certify to the Secretary of State an authenticated copy under the seal of the said cities showing the approval of the qualified voters of the consolidation of the two cities. The Secretary of State shall thereupon file and record the same in a separate book to be kept in his ofT'ice for such purpose. The returns of such election shall be recorded at length in the record books of the respective cities, and the consolidation of such cities shall beheld thereupon to be consummated. Acts 1917, p. 71. Library references: 3funlcipal Corporations a3t; C.J.S. '~funiclpal Corporations j v8. Cross References Fees fur rec•ordinb certificates of cou~nlidation, sec art. 3J14. 1'~. 1193. :~Icrbcr After the consummation of such c•onsoiidation, all record books, public property, money on hand, credits, accounts and all other assets of the smaller of the annexed cities sha11 be turned over to the officers of the ]artier city, v,ho shall be retained in office as the oflic•ials of the consolidated city during the remainder of their respective terms, and by such consolidation the offices existing in the smaller municipality shall be abolished and declared vacant, and the persons holding such oft-ices shall not be entitled after the consummation of such conso)ida- tion, to further remuneration or compensation. All outstanding lia- bilities of the two cities so consolidated shall be assumed by the con- solidated city. ~~'henever at the time of any such consolidation the respective cities shall have on hand any bond funds voted for public improvements not already appropriated or contl.zcted for, such money shall be kept in a separate ftu~d and devoted to public improvements in the territory for which such bonds v: ere voted, and shall not be diverted to any other purpose. Id. Cross References Pcn~ions of firemen anti Policemen. see art. G° 13a, E G. 7,onitio, consolidation of nnniicipalit3- La~'ingroniu~ ordinance, gee art. 97Ga. 1V"otes of Dccisious Library references _liunicipal Corporations (~31. pro~~tdtng that the latter should pay all 1av: ful dcLts of the former, the city of C.J.S. Municipal Corporations ¢ 4i• Dallas ~ti'as ]iaLle for damages to plain- tiff's ]and cawed by the Wrongful digging 1. Damages incurred before consolidation of a ditch through it by the city of East under the act consolidating the city of Pallas. City of Dalas t•. recman (1900) East Dallas ~~ith the city of D:aas, and ^3 Cit~.App. ,lv, vv S.R'. iG~. "31 • • .,' ~ :x .. ~ ~ ~ ~'~'ti. ~/"~'~ ' ~"tc'a'~ CITY COUNCIL ROE:LR' P LINHF RLER MAYOR cour~ci~raEr~ 1 bOB iAVEL 2. JIMMY A HURKE 3. JOHN C. WEST 4 JIM KITE 5. EARL E. DUNN 6. BOB STATON 13TH & CENTER d P.O. BOX 700 D TELEPHONE 479-2394 © DEER PARK TEXAS 77536 January 23, 1979 City of Lomax Lomax City Hall La Porte, Texas 77571 Gentlemen: In accordance with our contract concerning water and sewer services, dated July 11, 1972, the City of Deer Park has elected to terminate the contract. You are hereby given written notice that the contract will be terminated effective .Tuly 30, 1980 and the City of Deer Park, Texas will cease to furnish water and sewer services to the City of Lomax, Texas on that date. Very truly yours, ~~'~~~ Robert P. Linberger, Mayor EXHIBIT "B" • • • • EXHIBIT "C" CHARTER ELECTION SCHEDULE Passage of ordinance calling election After i~iay 9, 1980 Last scheduled regular meeting within time frame: June 4, 1980 Before June 6, 1980 Piail-out of entire new Charter to the voters must be completed before July 9, 1980 Publication of Charter election in both English and Spanish in Bayshore Sun on each of: • Thursday, July 17, 1980 Thursday, July 24, 1980 Election day: August 9, 1980 • • • THE STATE OF TEXAS X COUNTY OF HARRIS X CITY OF LA PORTE X I, Betty Blac}anon, Acting City Clerk of the City of La Porte, Texas, do hereby certify that the attached is a true and correct copy of Ordinance No. 1193 passed and spproved and adopted by the City Commission of the City of La Porte at a special meeting thereof duly called and held on the 9th day of APRIL 19 80 as same appears of record in the minutes of said meeting, at which meeting a quorum of the City Commission was present and all present voted for approval, passage and adoption of said Ordinance. TO CERTIFY WHICH WITNESS MY HAND AND OFFICIAL SEAL OF the City of La Porte, this the 10th day of APRIL 19 80 A.D. / ~ ~~~ Acting City Clerk - City of Lra Porte, Texas SEAL EXHIBIT "D" • ~ ~ • ORDINANCE NO. 1193 AN ORDINANCE DECLARING THE RESULTS OF THE ELECTION ON THE QUESTION OF CONSOLIDATION OF THE CITY OF LOMAX, TEXAS, WITH THE CITY OF LA PORTS, TEXAS, HELD IN THE CITY OF LA PORTS ON APRIL 5, 1980. WHEREAS, there was held in the City of La Porte, on the 5th day of April, 1980, an election on the question of consoli- dation of the City of Lomax, Texas, with the City of La Porte, Texas; and TiJHEREAS, there were cast at said election for and against such question, the following votes: FOR CONSOLIDATION: 755 AGAINST CONSOLIDATION: 358 as shown in the official election returns heretofore delivered by the Election Judge and officials to the Mayor and City Commission of the City of La Porte and submitted to the City Commission: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF~LA PORTS: Section 1. That said election was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said • election have been made by the proper officers; that said returns have been canvassed by the City Commission of the City of La Porte; that a total of 1,113 persons voted at said elec- tion, including persons voting on the regular voting machines, and on the absentee voting machine; that a majority of the qualified voters .who voted on said question have voted for the consolidation of the City of Lomax, Texas, with the City of La Porte, Texas. • Ordinance No. 1193, Page 2. r: Section 2. The City Commission officially finds, deter- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Commission 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, Article 6252-17, Texas Revised Civil Statutes Annotated; 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 formall Y acted upon. The City Commission further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall take effect and be in force immediately upon its passage and approval. PASSED AND APPROVED, this the 9th day of April, 1980, CITY OF LA PORTE g --~'- Y ,~ J. J. f1EZA, Mayor s ATTEST: - ---- ~~ ~~ Acting Ity Clerk APPROVED: ~- City Attorney i THE STATE OF TEXAS ~ COUNTY OF HARRIS ~ CITY OF LOMAX ROUTEI 1808 LOMAX SCHOOL ROAD LOMAX, TEXAS 77571 PHONE 471-3631 I, the undersigned, City Secretary of the City of Lomax, Texas, do hereby certify that the attached and following is a true and correct copy of the Ordinance X186, AN ORDINANCE DECLARING THE RESULTS OF THE ELECTION OPJ THE QUESTION OF CONSOLIDATION OF THE CITY OF LO~IAX, TEXAS, WITH THE CITY OF LA PORTE, TEXAS, HELD IN THE CITY OF LOMAX ON JANUARY 19, 1980, as adopted by the City Council of said City at a meeting thereof held on the date specified, as same appears of record in the official minutes of said City Council on file in my office. WITNESS P~1Y HAND AND THE OFFICIAL SEAL OF SAID CITY this the 7th day of April, 1980. ,; -~ City Secretary, City of~Lomax, Texas (SEAL) • EXHIBIT "E" ~ ~ • OP.D.I~IANCE NO. 186 AN ORI)II~7ANCE DECLA}ZING `I'E-IE RES[JL'PS OF T[-EE ELEC'T'ION ON THE ~EJES'PION OF CONSOLIDATION OF T}IE CI'PY OF LOP•lAX, T}-:XAS, WITH THE CITY OF LA PORT E,, TEXAS, HEL[) ICJ THE CITY OF LO"1AX ON JANUARY 19, 1980. L•dI3EREAS, there was held in the City of Lomax, on the 19th day of January, 1980, an election on the question of consoli- dation of the City of Lomax, Texas, with the City of La Porte, Texas; and WHEREAS, them werr~ cast at said election for and against such question, t}ze following votes: FOR COt•JSOL I DATI OPJ : ~ ~`_ AGAINS'T' COr?SOLIDA'iION: --1~ as shown in the official election returns heretofore delivered by the Election Ju~~~~e and officials to the i•iayor and City Council of the City of Lomax and sul-;mittec-3 to the City Council. NOW, THEREFOF,E, E3E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOh1AX: Section 1. That said election was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said election have been made by the proper officers; that said • returns have been canvassed by the City Council of the City of Lomax; that a total of ~ 9 y persons voted at sai~3 election, including persons voting on the regular voting machines, and on the absentee voting machine; that a ~~ajority of the quali- fied voters who voted on said question nave voted for the consolidation of the City of Lomax, Texas, with the City of La Porte, Texas. • Ordinance tJo. 186 Page 2. C7 Section 2. The City Secretary of the City of Lomax is hereby Ordere ~7 to transmit one (1) certified copy of this Ordinance to the City Clerk of the City of La Porte, Texas. Section 3. This Ordinance shall take effect and be in force from and after its passage -and approval, 'and it is so Ordered. PASSED AND APPROVED, this the 21st day of January, 1980. ATTEST: ~` ~', ., City Secretary [Seal] ~~ ;' / x~/d(~f, City of Lomax, Texas Mayor Pro-tem APPROVED BY: -~~,! ~'% '!- i ~.. /~ _, . City Attorney f'. c:, .. 171... -.71 _.v.:~J • } _. ! _. .71_ ~ ~ i., ~~. _ • April 10, 1980 CERTIFICATE OF CONSOLIDATION I, J. J. MEZA, Mayor of the City of La Porte, Texas hereby certify to the Secretary of State that the attached is a true and correct authenticated copy of an ordinance of the City Commission of the City of La Porte, Texas, canvassing and declaring the results of an election held in the City of La Porte, Texas, on April S, 1980, on the question of consolidation of the City of Lomax, Texas, with the City of La Porte, Texas. WITNESS MY HAND, this the 10th day of April, 1980. ATTEST: c% . r, ~~ "/jam? >~ ~dting City Clerk (seal) EXHIBIT "F" CITY OF LA PORTE J. J. MEZA, Mayo CITY OIL, LOMA FOUTEI 1508 LOMAX SCHOOL ROAD LOMAX, TEXAS 77571 PHONE 471-3631 April 10, 1980 CERTIFICATE OF CONSOLIDATION I, NORMAN L. MALONE, Mayor of the City of Lomax, Texas, hereby certify to the Secretary of State that the attached is a true and correct authenticated copy of an ordinance of the City Council of the City of Lomax, Texas, canvassing and declaring the results of an election held in the City of Lomax, Texas, on January 19, 1980, on the question of consolidation of the City of Lomax, Texas, with the City of La Porte, Texas. WITNESS i~IY HAND, this the 10th day of April, 1980. CITY OF LOMAX • By AIOR ~ MALON , Mayor ATTEST: ~~y Secretary seal) EXHIBIT "F" • r1 LJ • • • • • pPOg pooM.zapup .~ - • • EXHIBIT "I" Districting Proposal For La Porte Only As Submitted March 5, 1980 WHITE BLACK BROWN TOTAL District 1 173 68 79 1860 92$ 3~ 5$ District 2 1803 15 39 1857 97$ 1$ 2$ District 3 646 869 168 1683 38$ 52$ 10$ District 4 1520 94 273 1887 81$ 5g 14~ District 5 1519 175 128 1822 83~ 10~ 7g District 6 1703 55 281 2039 83~ 3~ 14$ • EXHIBIT "J" Districting Proposal For Consolidated La Porte WHITE BLACK BROWN TOTAL District 1 2278 76 238 2592 Lomax 88% 3% 9°s District 2 1713 68 79 1860 West Fairmont 92% 3$ 5% District 3 1803 15 39 1857 East Fairmont 97% 1$ 2$ District 4 646 869 168 1683 Northside 38% 52$ 10% District 5 2567 2567 336 3006 In Town,East 85% 85% 11% District 6 2175 2175 346 5742 In Town, West 79% 79% 13% Average District Size: 2,290 EXHIBIT "K" LA PORTE-LOMAX CONSOLIDATION LA PORTE LOMAX BOTH WHITE 8,940 80.19 2,278 87.88$ BLACK 1,257 11.28 76 2.930 BROWN 951 8.53$ 238 9.18 TOTAL 11,148 2,592 11,218 81.640 1,333 9.708 1,189 8.65$ 13,740 s