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HomeMy WebLinkAbout1982-02-03 Regular Meeting~ ~ • MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL FEBRUARY 3, 1982 1. Meeting called to order by Mayor Pro-tem Norman Malone at 7: 00 P.M. Members of the City Council Present: Mayor Pro-tem Norman Malone, Councilpersons John Longley, Gus Faris, Tom Simons, Deotis Gay, B. Don Skelton, Sr. Members of the City Council Absent: Mayor J. J. Meza, Councilperson Linda Westergren Members of the City Staff Present: City Attorney Knox Askins, City Manager Jack Owen, City Secretary Betty Waters, Fire Marshal Paul Hickenbottom, Chief of Police H. F. Freeman, Director of Public Works Jerry Hodge, Assistant Director of Public Works Steven Gillett, Fire Chief Joe Sease • Others Present in the Council Chambers: Jack and Pat Oliphant, Jeff Patterson of the Southeast Weekly; Frieda .Beaty, Baytown Sun; Betsy ~aebber, Bayshore Sun; Dave Corbin of Busch, Hutchi- son and Associates; Steven Smith, La Porte Emergency Ambulance Corps; and 29 other interested citizens At this time Mayor Pro-tem Malone asked that Fire Chief Sease join him before the Council table. Malone Asked that Jack Oliphant come forward to be recognized for his 25 years of devotion to the City of La Porte and the La Porte Volunteer Fire Department. Mr. Oliphant received a standing ovation from those present in the Council Chambers. The Fire Chief presented Jack Oliphant with a bronze plaque acknowledging his service. 2. Councilperson Tom Simons delivered the invocation. 3. The Council considered the minutes of the Joint Public Hearing and Regular Meeting held January 20, 1982. A motion was made by Councilperson Skelton to approve the minutes as presented. Seconded by Councilperson Faris. The motion carried, 6 ayes and 0 nays. Ayes: Councilpersons Longley, Faris, Simons, Gay, Skelton, • and Mayor Pro-tem Malone Nays: None • • Minutes, Regular Meeting, La Porte City Council February 3, 1982, Page 2 4. Returns for the Special Election Run-off were officially opened and canvassed by the Mayor Pro-tem and Council. Results: Douglas Latimer - 422 Ruth Kibodeaux - 292 City Attorney Askins read: AN ORDINANCE DECLARING THE RESULTS OF THE RUN-OFF ELECTION HELD IN THE CITY OF LA PORTE ON JANUARY 30, 1982, FOR THE ELECTION OF A COUNCILPERSON-AT-LARGE - POSITION A. A motion made Mayor Pro-tem Malone asked Douglas Latimer to come forward to receive the Oath of Office of Councilperson-at-Large - Position • A. Mr. Latimer was duly sworn and seated at the Council table. Councilperson Latimer thanked those citizens who placed their trust in him by electing him to this position. He promised to act in their best interest. 5. City Attorney Askins read: AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORT E; CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; AP- POINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF ABSENTEE VOTING; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES; PROVIDING FOR THE HOLDING OF A JOINT ELECTION WITH THE LA PORTE INDEPENDENT SCHOOL DISTRICT; PROVIDING A SAVINGS CLAUSE; FINDING COMPLI- ANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. A motion was made by Councilperson Simons to pass and approve Ordinance No. 1298, calling the regular City election for April 3, 1982, to elect a Mayor, for three years; Council- person District 2, for three years; Councilperson District 3, for three years; Counci person-at- arge - Position A, or one year; and Counci person-at-large - Position B, for two years. Seconded by Councilperson Skelton. T e motion carried, 7 ayes and 0 nays. • Ayes: Councilpersons Longley, Faris, Latimer, Simons, Gay, Skelton and Mayor Pro-tem Malone Nays: None nays. Ayes: Councilpersons Longley, Faris, Simons, Gay, Skelton and Mayor Pro-tem Malone Nays: None :~ • • Minutes, Regular Meeting, La Porte City Council February 3, 1982, Page 3 6. City Attorney Askins read: AN ORDINANCE CALLING AN ELECTION OF THE CITY OF LA PORTE, TO BE HELD APRIL 3, 1982, FOR THE ELECTOR OF THE CITY OF LA PORTE, TEXAS, TO LEGALIZE BINGO GAMES FOR CHARITABLE PURPOSES AS AUTHORIZED BY THE TEXAS BINGO ENABLING ACT IN THE CITY OF LA PORTE; DESIGNATING ELEC- TION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF ABSENTEE VOTING; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR THE HOLDING OF A JOINT ELECTION WITH THE LA PORTE INDEPENDENT SCHOOL DISTRICT; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. A motion was made by Councilperson Simons to pass and approve Ordinance No. 1299 as read by the City Attorney. Seconded by Councilperson Gay. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Longley, Faris, Latimer, Simons, Gay, Skelton and Mayor Pro-tem Malone Nays: None • 7. City Attorney Askins read: A RESOLUTION ENDORSING ALL PROPOSITIONS FOR THE HARRIS COUNTY CAPITAL IMPROVEMENTS ON THE FEBRUARY 23, 1982, BOND ELECTION Faris: Mr. Mayor, I'd like to make a couple of comments about this before we go any further with it. Last week when we dis- cussed this I made some comments about La Porte not getting the attention from the County I felt like the community deserved and since last week I have talked to Commissioner Fonteno and a couple of people in his office, and have learned some things a little bit different about this bond issue and about the area than what I was led to believe prior to the discussion with his office. One is that the list of roads that Mayor Meza read last week that were to be considered as County priorities in this bond issue that covered, I believe, two million dollars, Underwood Road was left out of that list. Underwood Road was mentioned, but the dollar figure was left out of the two mil- lion dollars. There is something like three and a half mil- lion dollars worth of work to be done expanding it to a four lane street. So there is another three and a half million dollars or so that is not necessarily alloted but is under consideration in this bond proposal in the La Porte area. Also, a lot of the flood control that is under consideration is not for the La Porte area, but is in areas like Seabrook and Kemah, which directly affects this area. The next thing that • I took issue with was that we had bonds that had been passed several years ago for the extension of Fairmont Parkway from • • • Minutes, Regular Meeting, La Porte City Council February 3, 1982, Page 4 146 to Sylvan Beach which had not been sold yet, and I was in error on that. Those bonds were sold in January. The work on Fairmont Parkway is scheduled to be bid in early summer, and they are hoping to be under construction for the completion of Fairmont Parkway from 146 to Sylvan Beach by August or September of this year. In light of those things and the other comments that Commissioner Fonteno made to me on the telephone, I would move that we pass this Resolution No. 82-4 as read by the City Attorney and urge the other members of the Council to vote for it. The motion to pass and approve Resolution No. 82-4 was seconded by Councilperson Simons. Skelton: Mayor, I had some doubts in my mind before, but I have been in two meetings this last week where County Judge Jon Lindsey; T didn't get an opportunity to talk to County Commissioner Fonteno. However, I think the citizens of our area would be missing too much if we don't support the bond issue. We are paying the taxes and this is our way of get- • ting a portion back for this community, and I would support this issue and further second this motion. The motion carried, 7 ayes and 0 nays. Ayes: Councilpersons Longley, Faris, Latimer, Simons, Gay, Skelton and Mayor Pro-tem Malone Nays: None. 8. Administrative Reports: City Secretary Waters reported on the Municipal Election Law Seminar held January 28-29 in San Antonio, Texas, and on plans to familiarize the voters with the new punch card voting machine. City Manager Owen stated he had no other reports to bring at this time. 9. Council Action: Councilperson Skelton: I'm happy to see all the citizens. We have a fine crowd tonight and we are always pleased to see all of you here. I have no further comment. Councilperson Gay: Mr. Gay read a letter the City Council • received from Lou Lawler, President of the La Porte-Bayshore Chamber of Commerce thanking the City for its cooperation during the Christmas events and the 1981 eventful year (letter • C~ • Minutes, Regular Meeting, La Porte City Council February 3, 1982, Page 5 a part of these minutes). We appreciate Mrs. Lawler's letter and knowing there is someone who cares. Councilperson Simons: Jack, on behalf of the Council, I was glad to see you get that plaque. It was very little for 25 years of dedicated service, but we are proud to have known and worked with you. Councilperson Longley: Mr. Mayor Pro-tem, I want first of all to commend you on the excellent job you have done as Mayor Pro-tem tonight, and I want to welcome Doug. I'd like to commend all the candidates on an excellent race and person- ally thank them for getting involved in the City. I was just very glad to see the participation. Also, I would like to apologize for being a little bit late; I have to lay part of that blame to Southern Pacific. Councilperson Faris: Mr. Mayor, I need to bend your ear for a moment tonight. A few weeks ago, J. J. appointed me from this Council and from the Harris County Mayors' and Council- -. • men's Association, to be a liason between those bodies and any group in Harris County that were interested in fighting the chemical dump that the Gulf Coast Waste Disposal Authority was intending to put in at the intersection of Red Bluff and Bay Area Boulevard. I had said last week that I would have a letter available tonight, and I do have that letter avail- able. I'm going to read it and then I have a couple of things to say about it. (Letter included as a part of the official minutes of the City of La Porte 2-3-82.) In talking to Mrs. Waters today, we agreed or worked out, a plan to send this letter to all the surrounding newspapers, legislators, congress- men, high school and San Jacinto College newspapers. I worked out an agreement with some of the instructors in the govern- ment department at San Jacinto College to allow the students in their particular classes to work a certain number of hours for the proposal in lieu of a paper or book report. We are going to send a copy to Gulf Coast Waste Disposal Authority, radio stations, TV stations. We really wanted to get a big effort to get this thing killed once and for all in the entire area. I have put in some effort on it. And the, reading the Bayshore Sun today, I find that Stablex Corporation, the company that was going to provide the technology and services for changing the state of the chemicals that were going to be dumped down there, has broken off all negotiations with Gulf Coast Waste Disposal Authority, so it is very possible that none of these efforts are going to be needed at this point in • time. But I will be contacting Gulf Coast Wast Disposal Authority tomorrow to find out if they have any future plans and if they do we will be proceeding; if not, we will kind of put it on the back burner and see what happens next. • • Minutes, Regular Meeting, La Porte City Council February 3, 1982, Page 6 Malone: We congratulate you on your effort and those who assisted you, and it looks like you have done a real good job so far. I would encourage the Council to continue to work with you on this cause. Councilperson Latimer: This is somewhat of a new experience for me and something I have looked forward to and plan to enjoy very much. As I look around the room I see a number of people who have worked hard for the City and have con- tributed much and added to the City. I am hoping I can add my name to that list. The good Lord didn't see fit to give me all the talents I would like to have, but what I've got I will give one hundred and ten percent of. I sincerely hope that as I gain experience and get a little time I will get to meet and talk with some of you for your input. I would like to grow and learn based on your past experiences. I thank you for this opportunity and I hope I can meet the challenge. Mayor Pro-tem Malone: I want to say one thing. I feel ashamed for the City of La Porte for only 716 people coming • out to vote last Saturday. We have five or six thousand people eligible to vote in this City, and that number of people using a God-given right is sad. I apologize; for the first time in the 27 plus years I have lived in the La Porte area, I failed to vote Saturday and I am ashamed. There being no further business to be brought before the Council, the meeting was duly adjourned at 7:39 P.M. Respectfully submitted: .~ Lett T. Waters City Secretary Passed and Approved this the 17th day of February, 1982 J. J. Meza, Mayor lJ ~ ~ • ORDINANCE NO. AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTS; CALLING A RUN-OFF ELECTION, IF NECESSARY; DESIG- NATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PRO- VIDING FOR METHOD AND DATES OF ABSENTEE VOTING; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDI- DATES; PROVIDING FOR THE HOLDING OF A JOINT ELECTION WITH THE LA PORTS INDEPENDENT SCHOOL DISTRICT; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. An election shall be held within the corporate limits of the City of La Porte, Texas, on the 3rd day of April, 1982, such day being the first Saturday in April, 1982, between • seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of electing the following City officials: Mayor, for a 3 year term Councilperson--District 2, for a 3 year Councilperson--District 3, for a 3 year Councilperson-at-large--position A, for Councilperson-at-large--Position B, for A run-off election, if necessary, shall be 1982, between the same hours. Said electi~~ term term a 1 year term a 2 year term held on April 17, 7. anti cairn rein-nff election, if necessary, shall be held in conjunction with a Trustee's election to be held on the same date(s) by the La Porte Independent School District. Section 2. Said election shall be held at each of the following voting places within said City, and the following named persons are hereby appointed as officers of said election, to-wit: Election Precinct No. 1: All voters living in such Pre- cinct No. 1 (consisting of that portion of the City of La Porte which is located north of an imaginary line 900 feet south of and parallel to Avenue "H", and west of the Southern Pacific Railroad) shall vote at the Lomax Elementary School, which is located at 10615 North Avenue "L" in the City of La Porte, Texas, Ordinance No. Page 2. with the following election officers: Sara Armand , Presiding Judge Jerri Neuman Alternate Presiding Judge Election Precinct No. 2: All voters living in such Precinct No. 2 (consisting of that portion of the City of La Porte which is west of Big Island Slough and south of an imaginary line 900 feet south of and parallel to Avenue "H") shall vote at the Baker School Cafetorium, which is located at West Main Street • and Underwood Road, La Porte, Texas, with the following election officials: Bertha Cook , Presiding Judge Georgette Oliver Alternate Presiding Judge Election Precinct No. 3: All voters living in such Precinct No. 3 (consisting of that portion of the City of La Porte which is enclosed by Big Island Slough, Fairmont Parkway, the Southern Pacific Railroad, and an imaginary line 900 feet south of and parallel to Avenue "H") shall vote at the Fairmont Park Baptist - Church, which is located at 10401 Belfast Road, La Porte, Texas, with the following election officials: Ed Ferc,~uson, Jr. Presiding Judge Janet Graves Alternate Presiding Judge Election Precinct No. 4: All voters living in such Precinct No. 4 (consisting of that portion of the City of La Porte which is east of the Southern Pacific Railroad, north of "B" Street and west of Broadway) shall vote at the DeWalt Special Services Center, which is located at Madison and N. 6th Street, La Porte, 7 ~ • Ordinance No. Page 3. Texas, with the following election officials: Lou Lawler , Presiding Judge Ruby Phillips Alternate Presiding Judge Election Precinct No. 5: All voters No. 5 (consisting of that portion of the is enclosed by Broadway, Little Cedar Donaldson Avenue, and Barbour's Cut Boy the La Porte Senior High School, which • Fairmont Parkway, La Porte, Texas, with officials: living in such Precinct City of La Porte which Bayou, Galveston Bay, zlevard) shall vote at is located at 301 E. the following election D. O. Laird Presiding Judge Arbela Ralston , Alternate Presiding Judge Election Precinct No. 6: All voters living in such Precinct No. 6 (consisting of that portion of the City of La Porte which is enclosed by the Southern Pacific Railroad, "B" Street, Broadway, Little Cedar Bayou, Galveston Bay, and the north line of the Bayshore Municipal Utility District) shall vote at the La Porte City Hall, which is located at 604 W. Fairmont Parkway, La Porte, Texas, with the following election officials: Nadine Jones Presiding Judge Lois Compton , Alternate Presiding Judge The Presiding Judge at each of the above specified polling places shall appoint as many clerks as he or she deems neces- sary for the proper conduct of said election at said polling lace id d th t l p , prov e a at east two clerks shall be appointed in each case. • • Ordinance No. Page 4. Section 3. Voting at said election, including absentee voting, shall be by the use of voting machines, and the ballots of said elections shall conform to the Texas Election Code, as amended. Section 4. Absentee voting by personal appearance shall begin on the 20th day and shall continue through the 4th day preceding the day of the election. Except as authorized herein, the clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall he permit • anyone to vote absentee by personal appearance at any time when his office is not open to the public. Absentee voting by mail shall begin on the 20th day pre- ceding the date of the election and shall continue until ten o'clock (10:00) A.P. on the second day preceding election day. Absentee voting shall be conducted by a clerk for absentee voting, namely, Lou Lawler and the place at which the absentee voting shall be conducted is designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, to which address ballot applications and ballots voted by mail may be mailed. Said clerk shall keep said office open for absentee voting during h is regular working hours and in any event for at least eight (8) hours on each day which is not a Saturday, a Sunday, or an official State holida . Y Section 5. That all election materials including notice of the election, ballots, instruction cards, affidavits and other forms which voters may be required to sign and all absentee voting materials shall be printed in both English and Spanish, • or Spanish translations thereof shall be made available in the circumstances permitted and in the man-ier required by law. • • Ordinance No. Page 5. • Section 6. The City Secretary of the City of La Porte shall forthwith issue Notice of said election by causing a substantial copy of this Ordinance to be published one time in the BAYSHORE SUN, 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. Section 7. Upon a candidate tendering his application on the form prescribed, the City Secretary shall furnish to such candidate all information relative to the qualifications for the office being sought; the method of placing the candidate's name on the ballot; the amount of the required filing fee; and any other pertinent information concerning said election. Section 8. Each candidate for the office of Mayor or Council- person must be a resident elector of the City. Each candidate for the office of District Councilperson must also be a resident of the district for which he files.-. Section 9. The deadline for a candidate to make applica- tion to have his name appear upon the ballot for such election, is hereby designated and established as 5:00 o'clock P.M., Wednesday, March 3, 1982. No application shall be accepted for filing prior to February 4, 1982. The filing fee for each candidate for the office of Councilperson is hereby established as Fifty Dollars ($50.00). The filing fee for each candidate for the office of Mayor is hereby established as One Hundred Dollars ($100.00). The filing fees shall be used to defray the cost of the election, and said fees shall be prorated and any • surplus shall be refunded to said candidates. As an alternative to paying a filing fee, a candidate may obtain a place on the • Ordinance No. Page 6. • ballot by filing a petition as provided for in City of La Porte Home Rule Charter, Article 2.04 c.3. Section 10. Said election shall be held in accordance with the provisions of the City Charter of the City of La Porte, and the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 11. Immediately after said election, the officers • holding the same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the City Council of t~ze City of La Porte, and the City Council shall canvass said returns at the earliest practicable time, and shall, immediately after canvassing the returns, declare the results of the election. The Mayor shall immediately thereafter deliver to the candidate for whom the majority of votes has been polled for each respective office, a certificate of election. Such elected officials shall assume their duties within ten (10) days-thereafter, Sundays excluded, upon their taking the oath of office. Section 12. Each and every prevision, 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 ineffec- tive, 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 13. This Ordinance. shall be in effect immediately upon its passage and approval. ~ • Ordinance No. Page 7. Section 14. 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, 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 formally acted upon. Tlie City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the 3rd day of February, 1982. CITY OF LA PORTS • ATTEST: ty Secretary By J. J. Meza, ilayor APPROVEn- ~~ (/Gyfi< <~'(/ Ci y Attorney ~- ~~ ORDINANCE N0. ~ 2 AN ORDINANCE CALLING AN ELECTION OF THE CITY OF LA PORTS, TO BE HELD APRIL 3, 1982, FOR THE ELECTORS OF THE CITY OF LA PORTS, TEXAS, TO LEGALIZE BINGO GAMES FOR CHARITABLE PURPOSES AS AUTHOR- IZED BY THE TEXAS BINGO ENABLING ACT IN TE3E CITY OF LA PORTS; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF ABSENTEE VOTING; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR THE HOLDING OF A JOINT ELECTION WITH THE LA PORTS INDEPENDENT SCHOOL DISTRICT; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT .ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. The City Council of the City of La Porte, pursuant to the terms of the Texas Bingo Enabling Act, hereby finds, determines and declares that: (1) Petitions bearing the signatures of more than ( ) qualified voters of the City of La Porte have been filed with the City Secretary of the City of La Porte. (2) Said number of registered voters is a number equal to or greater than ten per cent (100) of the number of votes cast for governor by qualified voters of the City of La Porte in the 1980 general election, or the amount specified in the Home Rule Charter of the City of La Porte, being the document govern- ing the administration of the City of La Porte, whichever is _ less. (3) The City Secretary of the City of La Porte has veri- fied said petitions, in accordance with Sec. 6, Texas Bingo Enabling Act. (4) Said petitions called for an election to be held at which the ballot shall be prepared to prepare for voting for or against the proposition: "Legalizing bingo games for chari- table purposes as authorized by Bingo Enabling Act in the City . of La Porte." (5) The City Secretary of ,the City of La Por te has cer- tified that said petitions are valid. • • • Ordinance No. Page 2. Section 2. An election shall be held within the corporate limits of the City of La Porte, Texas, on the 3rd day of April, 1982, such day being the first Saturday of April, 1982, between 7:00 a.m. and 7:00 p.m., at which time there will be submitted to the resident qualified voters of the City of La Porte for their acceptance or rejection, the question of whether to legalize bingo games for charitable purposes as authorized by the Texas Bingo Enabling Act in the City of La Porte. Said election shall be held in conjunction with an election of City officials and • with a Trustee's election to be held on the same date by the La Porte Independent School District. Section 3. Said election shall be held at each of the fol- lowing voting places within said City, and the following named persons are hereby appointed as officers of said election, to-wit: Election Precinct No. 1: All voters living in such Precinct No. 1 (consisting of that portion of the City of La Porte which is located north of an imaginary line 900 feet south _ of and parallel to Avenue "H", and west of the Southern Pacific Railroad) shall vote at the Lomax Elementary School, which • is located at 10615 North Avenue "L" in the City of La Porte, Texas, with the following election officers: _, Presiding Judge , Alternate Presiding Judge Election Precinct No. 2: All voters living in such Precinct • No. 2 (consisting of that portion of the City of La Porte which is west of Big Island Slough and south of an imaginary line 900 feet south of and parallel to Avenue "H") shall vote at the • Ordinance No. Page 3. _ M Baker School Cafetorium, which is located at West Main Street and Underwood Road, La Porte, Texas, with the following election officials: Presiding Judge Alternate Presiding Judge Election Precinct No. 3: All voters living in such Precinct No. 3 (consisting of that portion of the City of La Porte which • is enclosed by Big Island Slough, Fairmont Parkway, the Southern Pacific Railroad, and an imaginary line 900 feet south of and parallel to Avenue "H") shall vote at the Fairmont Park Baptist Church, which is located at 10401 Belfast Road, La Porte, Texas, with the following election officials: Presiding Judge Alternate Presiding Judge Election Precinct No. 4: All voters living in such Precinct No. 4 (consisting of that portion of the City of La Porte which is east of the Southern Pacific Railroad, north of "B" Street and west of Broadway) shall vote at the DeWalt Special Services • Center, which is located at Madison and N. 6th Street, La Porte, Texas, with the following election officials: Presiding Judge Alternate Presiding Judge Election Precinct No. 5: All voters living in such Precinct No. 5 (consistiny of that portion of ttie City of La Porte which is enclosed by Broadway, Little Cedar Bayou, Galveston Bay, Donaldson Avenue, and Barbour's Cut Boulevard) shall vote at Ordinance No. Page 4. _ CJ ttie La Porte Senior High School, which is located at 301 E. Fairmont Parkway, La Porte, Texas, with the following election officials: Presiding Judge Alternate Presiding Judge Election Precinct No. 6: All voters living in such Precinct No. 6 (consisting of that portion of the City of La Porte which • is enclosed by the Southern Pacific Railroad, "B" Street, Broadway, Little Cedar Bayou, Galveston Bay, and the north line of the Bayshore Municipal Utility District) shall vote at the La Porte City Hall, which is located at 604 W. Fairmont Parkcaay, La Porte, Texas, with the following election officials: Presiding Judge Alternate Presiding Judge The Presiding Judge at each of the above specified polling places shall appoint as rnany clerks as he or she deems necessary - for the proper conduct of said election at said polling place, provided that at least two clerks shall be appointed in each • case. Section 4. Voting at said election, including absentee voting, shall be by the use of voting machines, and the ballots of said elections shall conform to the Texas Election Code, as amended. • Section 5. Absentee voting by personal appearance shall begin on the 20th day and shall continue through the 4th day preceding the day of the election. Except as authorized herein, • • Ordinance No. , Page 5. _ the clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall he perniit anyone to vote absentee by personal appearance at any time when his office is not open to the public. Absentee voting by mail shall begin on the 20th day pre- ceding the date of the election and shall continue unil ten o'clock (10:00) A.M. on ttie second day preceding election day. Absentee voting shall be conducted by a clerk for absentee voting, namely, , and the place at which the absentee voting shall be conducted is designated as the La Porte City Hall, 604 Vilest Fairmont Parkway, La Porte, Texas, to which address ballot applications and ballots voted by mail may be mailed. Said clerk shall keep said office open for absentee voting during his regular working hours and in any event for at least eight (8) hours on each day which is not a Saturday or Sunday, or an official Stata holiday. Section 6. That all election materials including notice of the election, ballots, instruction cards, affidavits and other forms which voters may be required to sign and all absentee voting materials shall be printed in both English and Spanish, • or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 7. The City Secretary of the City of La Porte shall forthwith issue Notice of said election by causing a substantial copy of this Ordinance to be published one time in the BAYSHORE • SUN, 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. ma'r'.- • • Ordinance P1o. Page 6. _ Section 8. The question shall be submitted for the vote of the qualified electors as follows: FOR Legalizing bingo games for charitable purposes as author- ized by the Bingo Enabling Act in the City of La Porte. AGAINST Legalizing bingo games for charitable purposes as authorized by the Bingo Enabling Act in the City of La Porte . Section 9. Said election shall be hold in accordance with the previsions of ttie City Charter of the City of La Porte, and • the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 10. Immediately after said election, the officers holding the same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the City Council of the City of La Porte, and the City Council shall canvass_said returns at the earliest practicable time, and shall, immediately after canvassing the returns, declare the results of the election. 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 ineffec- tive, invalid or unconstitutional, for any cause, it shall not impair or affect tYle remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed • alone. Section 12. This Ordinance shall be in effect immediately upon its passage and approval. • Ordinance No. Page 7. Section 13. 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, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the pu'olic 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 AND APPROVED this the 3rd day of February, 1982. CITY OF LA PORTE By J. J. P1eza, Mayor ATTEST: City Secretary APPROVED: ~r`~~i~ilJl~ Gam(/ • y- A uo~ City Attorney • -;, • ~~ a~ - ~ .~~ f ~.~~. ''~ y ~~ ,fl:\~~. SIL a7 i- 6001 L B Jr S1a1e C1~iiee BvilclinQ December 16, 1981 The Honorable J Mayor City of LaPorte P.O. Box 1115 LaPorte, Texas Dear Mayor Meza: J . Meza 77571 ~iIJ ~~~1~~~~ 'l.ampts-a'il,rr o[ ~ublic ~~eccunts ~u~'tnan, l~~~sa5 7S~ ~~ ~_ Several provisions of Texas' new Bingo Enabling Law will require close coordination between the Comptroller's office and local governing bodies now that the new law is in effect. I am enclosing a copy of the new law for your information and I would like to call your attention to a couple of provisions which will have immediate bearing in many areas. January 16 is the earliest date a local option bingo election can be held. (This is set out in the election code; the next available date will be April 3). If a local election is successful, the governing body of the area has 10 days from the date of election to notify thi s office i n writing of the date and results and furnish us with a map of the boundaries of the area in which bingo has been legalized. January 26, therefore, becomes the first date on which a legal bingo game could be conducted--provided the operator or promoter of the game holds a license from the Comptroller's office. It is a third degree felony to conduct, promote or administer a game without a license. Under Section 3 of the new law, the commissioners court or city council may impose a two percent gross receipts tax on games within its jurisdiction anytime after binge has been legalized by local election. Again, this office must have official notification that the tax has been imposed, along with the effective date. We look forward to working with you. If you need additional information, please give our Bingo Regulation Division a call at 1-800-252-5555, extension 169. • Si rely, BOB BULLOCK Comptroller of Public Accounts BB/ss Enclosure J / • • r OFFICE OF THE SECRETARY OF STATE • George W Strake. Jr Elections Division Secretary of State Campaign and Ethics Section Voter Registration Section T0: Texas County and City Clerks P.o. Box 12sa7 Austin, Texas 7x711 FROM: Secretary of State George W. Strake, Jr. DATE: September 4, 1981 SUBJECT: Effective Date of Bingo Enabling Act 1. The effective date of the Bingo Enabling Act, passed at the recent special session of the legislature as H.B. No. 3, is November 10, 1981. 2. While the Act states that it takes effect September 1, 1981, the true effective date is November 10, 1981, because language necessary to give the Act an earlier effective date was omitted. 3. Article III, Section 39, of the Texas Constitution provides that a bill, other than a general appropriation bill, does not go into effect until 90 days after the adjournment of the session at which it was enacted unless: (a) an emergency is expressed in the bill justifying an earlier effective date; and (b) the legislature passes the bill by a two-thirds record vote of all the members elected to each house. 4. Although the Bingo Enabling requisite two-thirds record vote, it emergency justified suspension of the provision (however, it did state that suspension of another constitutional Section 32, pertaining to reading of days before passage). Act passed with the did not state that an 90-day constitutional an emergency justified provision, Article III, bills on three consecutive S. It follows that a local option election to legalize bingo would be void if held at the November 3 constitutional amendment special elec~i.on. 6. If a petition for a legalization election is presented to you for verification after November 10, 1981, that contains signatures obtained before that date, it is my interpretation that those signatures should not be denied effect on the basis that they were obtained before the effective date. However, the petition may not be submitted to the governing body before the effective date, and any signatures obtained earlier than the 90th day before the petition is submitted to the governing body may not be counted. (See Section 5(c] of the Act.) /mr - . 'An Equal Opportun,t~, Employer' /.G David A. Dean Secretary of State • TO: FROM: DATE: RE: C L • • OFFICE OF THE SECRETARY OF STATE COUNTY AND CITY ELECTION OFFICIALS SECRETARY OF STATE DAVID A. DEAN NOVEMBER 20, 1981 SUM:~'IARY OF BINGO ENABLING ACT Elections Division Campaign and Ethics Section Voter Registration Section P.0 Box 12887 Austin, Texas 78711-2887 The purpose of this Memorandum is to outline the pertinent. provisions of the Bingo Enabling Act for county and city election officials. This Act is correctly cited as Article 179d, Vernon's Annotated Civil Statutes. The text of the Act may be found in Volume 9, at page 85, of the 1981 Vernon's Texas Session Law Service or a copy may be obtained by contacting House Bill Distribution at (512) 475-8452 and asking for an enrolled copy of House Bill 3 of the Special Session. The Act became effective on November 10, 1981. In outlining the Act's provisions, I believe it would be instructive to you if the Act is compared with the provisions of Chapter 251 of the Alcoholic Beverage Code, which deals with local option liquor elections. In some ways, the Act parallels those provisions, and in many ways it differs. The Bingo Enabling Act will hereafter be cited as the "Bingo Act," and the Alcoholic Beverage Code will be cited as the "Liquor Code." All references to sections are to those in the Bingo Act. 1. Which political subdivisions can hold a bingo election? Both the Bingo Act (§ 2[1)) and the Liquor Code provide that elections may be held in a: county, justice precinct, or incorporated city or town. 2. For bingo to become legal in a political subdivision, it must be affirmatively voted in. This is the converse of the Liquor Code, which has been interpreted to mean that all areas of the state are "wet," except those which have previously voted "dry." 3. Unlike the Liquor Code, the Bingo Act requires no application before the issuance of a petition; the Bingo Act requires only a petition (~ 5). An Equai OCportun~ty Employer J • • MEMO Summary of Bingo Enabling Act November 20, 1981 Page Two LJ 4. Unlike the Liquor Code, the petition is not required to be furnished by the governing body to petitioners, nor are governing bodies required to pay the costs of furnishing such petitions. It might well be prudent, however, for a governing body to obtain bilingual copies of bingo petitions from either Hart Graphics or Stafford-Lowden. By furnishing petitioners with these bilingual copies, the governing body will ensure against defects in a "homemade" petition and also that the petition :gill be bilingual and in compliance with the federal Voting Rights Act. 5. The Bingo Act (~ S) requires the following to appear in a petition to legalize (or prohibit) bingo: (i) a statement preceding the space reserved for signatures on each page reading as follows: "This petition is to require that an election be held in (name of political subdivision) to legalize (or prohibit) bingo games authorized under the Bingo Enabling Act"; (ii) the signature of the signer and the date on which the signer signed the petition. A signature may not be counted if the signer fails to insert the date of signing or if the date of signing is earlier than the 90th day before the date the petition is submitted to the governing body; and • (iii) after the signature and date, the following must also be provided: current voter registration number, printed name, and residence address, including zip code. NOTE: Unlike the Liquor Code, signatures need not be signed exactly as the way they appear on the current list of register- ed voters. 6. The petition is presented at the office of the governing body (§ 6). Unlike the Liquor Code, under which all elections are conducted by, and at the expense of, the county, elections under the Bingo Act for cour~ti~~s ~~nd justice precincts are conducted by the count1~ clergy:, but elections for incorporated cities and towns are conducted by the city clerk. After presentation at the office of the go~.erning body (the county judge for a county or. justice precinct or the city clerk `~~:- .~:~ incorporated city or town) , the governing bo.:~ , ~~;itiiln ~" _, ..~. MEMO Summary of Bingo Enabling Act November 20, 1981 Page Three five days, shall submit to the county or city clerk, as appropriate, the petition for verification. 7. Not later than the 30th day after the petition is presented to the officer for verification, the officer shall certify to the governing body whether the petition is valid or invalid, and, if the petition is deemed invalid, the officer shall state all reasons for such determination (~ 6[b]). 8. How many signatures are necessary for a petition to be valid? Unlike the Liquor Code (which requires signatures totalling 350 of the total vote cast for governor in the last preceding gubernatorial election), the Bingo Act requires signatures totalling l00 of the total votes cast in the political subdivision for governor at the last such election (§ 5[b]). NOTE: The number of votes cast for governor in a county or justice precinct is easy to determine, but it is oftentimes difficult to determine the number of votes cast in an incorporated city or town. E~ city clerk should obtain a copy of Attorney General's Opinion No. H-199 (1974), which holds that any fair and reasonable means can be utilized to determine the number of persons voting for governor in an incorporated city or town, and upholds a formula set forth in that Opinion. As an alternative to the loo requirement, ~ 5(b) of the Bingo Act provides that signatures in "the amount specified in the document governing the administration of the political subdivision, whichever is less" will suffice. This provision is applicable only to home rule cities whose charters, in dealing with initiative and referendum signature requirements, provide for a lower number of signatures than the loo for governor. For instance, if a home rule city charter requires 50 of the votes cast for mayor at that city's last regular mayoral election, and that figure is less than the lOs for governor standard, the 5o for mayor standard would be applicable. Remember that this provision of the Bingo Act is apr~licable only to certain home rule cities. It is not applicable to general law cities, counties, or justice precincts. • ~~ • i ~, . ~~.,. MEMO Summary of Bingo Enabling Act November 20, 1981 Page Four 9. Unlike the Liguor Code (which provides that such an election may be held at any time [except the date of the general election in even-numbered years]), the Bingo Act provides that, once a petition is certified as valid, an election shall be ordered to be held on a uniform election date (as set forth in Article 2.Olb[a]), Texas Election Code) not later than 60 days after such certification. If no such feasible uniform election date is available within that period, the governing body must order the election held on the next available uniform election date (§ 7). 10. The proposition on the ballot must read: "Legalizing (or prohibiting) bingo games for charitable purposes as authorized by the Bingo Enabling Act in (name of political subdivision)" (§ 8[a]). 11. If an election to legalize or prohibit carries, the result of such election is effective the 10th day after the official canvass of the returns (§ 9[a]). 12. Unlike the Liquor Code (which requires results of such elections to be forwarded to the Secretary of State and the Alcoholic Beverage Commission), the results of bingo elections to legalize, including maps of the political subdivision affected, must be submitted to the Attorney General and to the Comptroller of Public Accounts (§ 9[d]). 13. The "prevailing status doctrine" governing elections under the Liquor Code generally applies to elections under the Bingo act. This doctrine means that: (i) the status of a municipal election prevails over a contrary status voted by a justice precinct or a county; (ii) the status of a justice precinct prevails over that of a county; (iii) if a municipality annexes territory, such territory assumes the status of the municipality; (iv) if a municipality detaches territory, that territory assumes the status it would have had if • J~ __ ~ ~ MEMO Summary of Bingo Enabling Act November 20, 1981 Page Five it had never been part of the municipality; and (v) the addition to, or detachment from, territory of a justice precinct does not affect the status of such territory, nor does abolition of a justice precinct affect the status of territory formerly within the precinct For your further information, my Office submitted the Bingo Enabling Act to the U.S. Justice Department for preclearance under the Voting Rights Act. The Act received preclearance on November 17, and the ,justice Department interposed no objection to its provisions. ~~~ DAVID A. DEAN SECRETARY OF STATE DAD:ACB:jb • • eJ • • The Police Department requests permission to advertise for bids to be received for a continous duty base station for the Police Dept. This is a budgeted item. Specifications follow on the next page. • • ~~ It is the intent of these specifications to provide minimum performance specifications for a single frequency VHF base station. This station will replace a tube type relay controlled base in order to provide extended transmit time and enhance system attack time. . The following equipment will be mounted in a single cabinet not more than 40" in height. Transmitter: 100% Solid State 100 watt RF output (minimum) Continuous duty without blower or other active cooling devices Transmitter Sideband Noise - -90 db Spurious & Harmonics - 85 db below Carrier Frequency - 155.625 Mhz with 146.2 hz CST Receiver: Frequency Squelch Sensitivity Intermodulation Rejection Spurious & Image Rejection - 155.625 Mhz - Continuous Sub-audible tone 146.2 hz (4B) - .5 uv for 20 db quieting - -80 db min. - greater than 100 db Control Unit: The control unit shall be equipped to operate the base station over balanced 600 ohm control lines. Two wire DC control will be used with the following control functions: • Receiver Operate - 0 ma Transmit - +12.5 ma Disable Sub-Audible Squelch - -2.5 ma Transmit without Sub-Audible Tone (Paging) - -12.5 ma In addition the station will be provided with a maintenance metering and test panel with intercom capability. r: JWC:car 1/12/82 ~~ • MEMORANDUM TO: Mayor and City Council DATE: January 25, 1982 FROM: Betty Blackmon SUBJECT: Over-65 and Disabled Person Exemptions The over-65 and disabled person exemptions for the City of La Porte for 1981 taxes is $20,000. With the re-evaluation to raise values to 100% I have had a great many complaints as this has meant that many people who had not paid taxes since reaching 65 years of age had to pay taxes for 1981. The State Property Tax Board froze the School District taxes at the 1979 level, and for 1981 Harris County set the exemption amount at $78,120. It is my feeling that the exemption ount sh be raised for 1982. ~c ~ _ J C el[~ etty l.ackmon Tax Assessor Collector City of La Porte L`