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HomeMy WebLinkAboutO-2013-3466 special election/proposed amendments to the LP Home Rule CharterORDINANCE NO.ZI 6~ &+(0 C0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS ORDERING A SPECIAL ELECTION ON PROPOSED AMENDMENTS TO THE LA PORTE, TEXAS HOME RULE CITY CHARTER TO BE HELD ON MAY 11, 2013, CONCURRENT WITH THE REGULAR MUNICIPAL ELECTION FOR CITY COUNCIL MEMBERS; PROPOSING AMENDMENTS TO THE CITY OF LA PORTE, TEXAS, HOME RULE CITY CHARTER; PROVIDING FOR THE PUBLICATION AND POSTING OF NOTICE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR PUBLIC NOTICE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte, Texas, has on its own motion determined to submit to the qualified voters for adoption or rejection of certain proposed amendments to the existing Home Rule Charter of the City of La Porte, Texas, pursuant to Section 9.004 (a) of the Texas Local Government Code; and WHEREAS, the City Council of the City of La Porte, Texas, hereby calls a special election to allow the voters to determine whether the Charter should be amended as hereinafter set out; and WHEREAS, Section 9.004 of the Texas Local Government Code provides that a charter amendment election shall be held not less than thirty (30) days after the passage of the ordinance calling for charter amendments; and WHEREAS, Section 9.004 of the Texas Local Government Code provides that the charter amendment election shall be held on the first authorized uniform election date prescribed by the Texas Election Code or the earlier of the next general municipal election or the next Presidential election; and WHEREAS, the City of La Porte is holding a general municipal election for election of City Council members on May 11, 2013, which is the earliest available date to hold a special election for consideration of proposed charter amendments. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct legislative findings and are adopted as part of this Ordinance for all purposes. Section 2. That a special election is hereby ordered to be held within the jurisdiction of the City of La Porte, Texas, on the 11th day of May, 2013, pursuant to the laws of the State of Texas and the Charter of the City of La Porte, Texas. Said election shall be held for the purpose of amending the City of La Porte, Texas Home Rule Charter. Section 3. That said special election shall be held in conjunction with the regularly scheduled City Council election on said same date for the purpose of submitting to the voters of the City of La Porte, Texas the following propositions for amendments to the Charter of the City of La Porte, Texas. Voting on the date of the election, and early voting therefore, shall be by the use of a lawfully approved voting system. The preparation of the voting equipment to be used in connection with such voting system and the official ballots for the election shall conform to the Texas Election Code, as amended, so as to permit the electors of the City of La Porte to vote "Yes" or "No" for the home rule charter ballot proposition. Said ballots shall have printed therein such provisions, markings, and language as may be required by law; and the propositions shall be set forth on said ballots in substantially the following form and language: Proposition One: Shall references to obsolete provisions Sections 1.03, 1.05, 2.10, 2.11, and 7.01, Porte Charter be amended by referencing in state statute and/or law applicable to the For Against Proposition Two: of state law found in 8.01, and 8.06 of the La their place the current charter section? Shall Section 1.03 of the La Porte Charter be amended to conform rules and procedures relating to annexation of territory into the La Porte city limits to the requirements of state law? For Against Proposition Three: Shall Section 1.06 of the La Porte Charter be amended to extend from 30 days to 180 days the time a claimant alleging damages or injury against the City has to provide written notice to the City of their claim? For Against Proposition Four: Shall Section 2.01 of the La Porte Charter be amended to clarify that the La Porte City Council is to determine the population of the six City Council districts, and redraw the district boundaries to equalize their respective populations, only after the publication of the federal census every ten (10) years? For Against Proposition Five: Shall Section 2.01 of the La Porte Charter be amended to clarify that in elections for City Council positions the candidates for a runoff election are the two (2) individuals who receive the highest and second highest number of votes cast in the main election, or tied for the highest number of votes cast? For Against Proposition Six: Shall Section 2.01 of the La Porte Charter be amended to clarify that in elections for City Council positions, determining the date of a runoff election, and the resolution of a tie vote after a runoff election, shall be handled in accordance with state law? For Against Proposition Seven: Shall Sections 2.02 and 2.04 of the La Porte Charter be amended to provide that a candidate for mayor or a council position shall have been a qualified voter of the City for twelve (12) months prior to the time the candidate files for office, and that a candidate for a district council position shall have been a qualified voter of his or her district for twelve (12) months prior to the time the candidate files for office? For Against Proposition Eight: Shall Section 2.03 of the La Porte Charter be amended to provide that the date for holding the annual regular election for city council members, and the date for holding special elections, be established in accordance with state law? For Against Proposition Nine: Shall Section 2.04 of the La Porte Charter be amended to provide that when the mayor or a councilperson announces their candidacy for another elected office, such announcement shall constitute an automatic resignation if the unexpired term of their city office shall exceed one year and thirty days, in place of the current minimum of one year, to conform to the Texas Constitution? For Against Proposition Ten: Shall Section 2.04 of the La Porte Charter be amended to simplify the process of holding city elections, by clarifying that applications for candidate positions be filed in accordance with state law, by repealing requirements that candidates for mayor and council positions pay a filing fee, and by establishing that official ballots be prepared and election returns canvassed in accordance with state law? For Against Proposition Eleven: Shall Section 2.05 of the La Porte Charter be amended to increase the maximum annual compensation of the mayor to $4,800.00 from $2,400.00, and to increase the maximum annual compensation of councilpersons to $2,400.00 from $1,200.00. For Against Proposition Twelve: Shall Section 2.06 of the La Porte Charter be amended to eliminate obsolete wording regarding dates for holding elections, and to provide that the City Council will convene the first Monday after the canvassing of an election to seat and qualify newly elected members of the City Council. For Against Proposition Thirteen: Shall Section 2. 07 of the La Porte Charter be amended to provide that all meetings of the City Council be open to the public except where allowed by state law and that all minutes of open meetings be recorded as a public record? For Against Proposition Fourteen: Shall Section 2.08 of the La Porte Charter be amended to update and clarify provisions related to the position of Mayor Pro Tem? For Against Proposition Fifteen: Shall Section 2.09 of the La Porte Charter be amended to add a clause providing that no member of the City Council participate in the appointment or removal of officers or employees of the city, or compel the City Manager to take such action. For Against Proposition Sixteen: Shall Section 2.09 and 2.10 of the La Porte Charter be amended to replace the term "zoning" with "planning and zoning" and to change "Planning Commission" to "Planning and Zoning Commission" and to replace reference to the Board of Equalization with the term "appraisal district"? For Against Proposition Seventeen: Shall Section 2.11 of the La Porte Charter be amended to specify that the captions of ordinances passed by City Council be recorded in the official minutes of City Council meetings? For Against Proposition Eighteen: Shall Section 3.02, 3.04 and 3.05 of the La Porte Charter be amended to modernize wording related to various administrative departments and appointees, to include reference to the Planning Department, for collection of court costs by municipal court and to clarify that city council may hire special legal counsel for individual cases, as needed? For Against Proposition Nineteen: Shall Section 3.03 of the La Porte Charter be amended to provide that the City Secretary is appointed directly by the City Council, and to further specify the role, responsibilities and method of compensation of the position? For Against Proposition Twentv: Shall Section 4.01 of the La Porte Charter be amended to remove inapplicable and outdated provisions related to balanced budget review by accounting boards and replace with current organizations? For Against Proposition Twenty-one: Shall Section 4.03 of the La Porte Charter be amended by increasing from seven (7) to ten (10) the minimum number of days that a notice of public hearing must be published before City Council is eligible to hold a public hearing on the proposed annual fiscal year budget? For Against Proposition Twenty-two: Shall Section 5.01 of the La Porte Charter be amended to conform the section to state law by updating wording related to payment of taxes and imposition of tax liens, repealing outdated rules on tax rendition to the city, and all references to the Board of Equalization? For Against Proposition Twentv-three: Shall Section 5.02 of the La Porte Charter be amended by repealing obsolete sections related to procedures for municipal purchasing, and to allow purchasing and bidding rules to conform to state law? For Against Proposition Twentv-four: Shall Section 5.03 of the La Porte Charter be amended by replacing guidelines for approval of change orders and alterations to city contracts with rules established in state law? For Against Proposition Twenty-five: Shall Section 5.05 of the La Porte Charter be amended by repealing obsolete sections governing referenda on bond issuance ordinances and the public sale of bonds now controlled by state law? For Against Proposition Twenty-six: Shall Section 5.07 of the La Porte Charter be amended by updating regulations related to the noticing and filing of the annual independent audit of city accounts, to conform to state law? For Against Proposition Twentv-seven: Shall Sections 6. 01, 6. 02, 6. 03, 6. 05, 6.08 and 8.06 of the La Porte Charter be amended to replace references to the terms "electors" and "qualified electors" with the term "qualified voters"? For Against Proposition Twenty-eight: Shall Section 8.02 of the La Porte Charter be amended by repealing outdated wording related to the taking of oaths of office and instead provide that all elected and appointed officers of the City shall take the oath as provided in the Constitution of the State of Texas? For Against Proposition Twenty-nine: Shall Section 8.02 of the La Porte Charter be amended by repealing outdated wording concerning employee pension plans? For Against Proposition Thirty: Shall Section 8.06 of the La Porte Charter be amended by requiring that the La Porte City Charter be subject to a mandatory review every 10 years, and by eliminating procedures for holding elections on proposed charter amendments and replacing with applicable state law? For Against Section 4. 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 #1 Polling Place: Baker School (Entry Area) 9800 Spencer Highway (Spencer Highway @ Underwood; Enter off Spencer Highway) La Porte, Texas 77571 Boundaries: BEGINNING at a point on the east right-of-way line of Underwood Road, said point being the southwest corner of Tract 490B-1, La Porte Outlots, and the northwest corner of Reserve Al, Block 14, Creekmont, Section 2; THENCE in a westerly direction a point for corner on the west right-of-way line of Underwood Road; THENCE in a northerly direction along the west right-of-way line of Underwood Road to its projected intersection with the north right -of -line of State Highway 225; THENCE in a southeasterly direction along the north right-of-way line of State Highway 225 to the southwest corner of Tracts 30A & 30A-1, Strang Subdivision; THENCE in a northerly direction along the west line of Tracts 30A & 30A-1, Tracts 17A & 18, and Tracts 17A-1 & 18A, Strang Subdivision, to a point for corner at the northwest corner of Tracts 17A-1 & 18, Strang Subdivision; THENCE in an easterly direction along the north line of Tracts 17A-1 & 18, Strang Subdivision to a point for corner at the northeast corner of Tracts 17A-1 & 18, Strang Subdivision; THENCE in a southerly direction along the east line of Tracts 17A-1 & 18, Tracts 17A & 18, and Tracts 30A & 30A-1, Strang Subdivision to a point for corner at the southeast of Tracts 30A & 30A-1, said point being located on the north right-of-way line of State Highway 225; THENCE in a southeasterly direction along the north right-of-way line of State Highway 225 to its intersection with the centerline of Sens Road; THENCE in a southerly direction along the centerline of Sens Road to its intersection with the centerline of Old La Porte Road; THENCE in a westerly direction along the centerline of Old La Porte Road to the west right-of-way line of Sens Road; THENCE in a southerly direction along the west right-of-way of Sens Road to the centerline of Sens Road; THENCE in a southerly direction along the centerline of Sens Road to the projected northeast corner of Tracts lA & 1B, La Porte Outlots; THENCE in a westerly direction along the north line of Tracts lA & 1B, Lot 2, Lot 3, Lot 4, Lots 5 & 6, Lot 7, Lots 8, 13 & 28, and Lots 9, 10, 10-1/2, 11, 11-1/2, 30 & 30-1/2 to the southwest corner of Lots 231 & 232, La Porte Outlots; THENCE in a southerly direction along the east line of Tract 471, La Porte Outlots to a point at the southeast corner of Tract 471, La Porte Outlots; THENCE in a westerly direction along the south line of Tracts 471, Tracts 471D & 471D-1 and Tract 471D-2, to the east line of the City of La Porte Municipal Airport; THENCE in a southerly direction along the east line of the City of La Porte Municipal Airport to the centerline of Spencer Highway (West Main Street); THENCE in a westerly direction along the centerline of Spencer Highway (West Main Street) to the centerline of Farrington Boulevard; THENCE in a northerly direction along the centerline of Farrington Boulevard to the centerline of Meadow Place Drive; THENCE in a westerly direction along the centerline of Meadow Place Drive to its projected intersection with the centerline of Harris County Flood Control District Unit No. B106-00-00, commonly known as Big Island Slough; THENCE in a northerly direction along the centerline of Big Island Slough to the projected north line of the Creekmont Subdivision; THENCE in a westerly direction along the north line of the Creekmont Subdivision to POINT OF BEGINNING of the herein -described District 1 boundary. Election Officials: Earl Ehlers, Presiding Judge Hector Villarreal, Alternate Presiding Judge Election Precinct #2 Polling Place: Baker School (Entry Area) 9800 Spencer Highway (Spencer Highway @ Underwood; Enter off Spencer Highway) La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and a line projected south from the southwest corner of Tract 17K, W.M. Jones Survey, A-482; THENCE in a northerly direction along the west line of Tracts 17K, 17K-1, 17-D, 17E & 17R, and 17M, W.M. Jones Survey, A-482, to its projected intersection with the north right-of-way line of Spencer Highway (West Main Street); THENCE in an easterly direction along the north right-of-way line of Spencer Highway (West Main Street) to its intersection with the projected centerline of Clarksville Road; THENCE in a southerly direction along the centerline of Clarksville Road to its intersection with the centerline of Carlow Lane; THENCE in an easterly direction along the centerline of Carlow Lane to its intersection with the centerline of Underwood Road; THENCE in a southerly direction along the centerline of Underwood Road to its intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to the POINT OF BEGINNING of the herein -described District 2 boundary. Election Officials: Earl Ehlers, Presiding Judge Hector Villarreal, Alternate Presiding Judge Election Precinct #3 Polling Place: Baker School (Entry Area) 9800 Spencer Highway (Spencer Highway @ Underwood; Enter off Spencer Highway) La Porte, Texas 77571 Boundaries• BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and the centerline of Underwood Road; THENCE in a northerly direction along the centerline of Underwood Road to its intersection with the centerline of Carlow Lane; THENCE in a westerly direction along the centerline of Carlow Lane to its intersection with the centerline of Clarksville Road; THENCE in a northerly direction along the centerline of Clarksville Road to its intersection with the north right-of-way line of Spencer Highway; THENCE in an easterly direction along the north right-of-way of Spencer Highway (West Main Street) to its intersection with the west right-of-way line of Underwood Road; THENCE in a northerly direction along the west line of Underwood Road to its intersection with the projected northernmost boundary of the Creekmont Subdivision; THENCE in an easterly direction along the north line of the Creekmont Subdivision to its intersection with the centerline of Harris County Flood Control District Unit No. B106-00-00, commonly known as Big Island Slough; THENCE in a southerly direction along the centerline of Big Island Slough to its intersection with the centerline of Hillridge Road; THENCE in a westerly direction along the centerline of Hillridge Road to its intersection with the centerline of Roseberry Drive; THENCE in a southerly direction along the centerline of Roseberry Drive to its intersection with the centerline of Rocky Hollow Road; THENCE in a westerly direction along the centerline of Rocky Hollow Road to its intersection with the centerline of Willmont Road; THENCE in a southerly direction along the centerline of Willmont Road to its intersection with the centerline of Clairmont Drive; THENCE in a westerly direction along the centerline of Clairmont Drive to its intersection with the centerline of Rosemont Drive; THENCE in a southerly direction along the centerline of Rosemont Drive to its intersection with the centerline of Parkway Drive; THENCE in an easterly direction along the centerline of Parkway Drive to its intersection with the centerline of Willmont Road; THENCE in a southerly direction along the centerline of Willmont Road to its projected intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to its intersection with the centerline of Underwood Road being POINT OF BEGINNING of the herein -described District 3 Boundary. Election Officials: Earl Ehlers, Presiding Judge Hector Villarreal, Alternate Presiding Judge Election Precinct #4 Polling Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Boundaries• BEGINNING at point at the intersection of the centerline of Spencer Highway (West Main Street) and the projected east line of the City of La Porte Municipal Airport; THENCE in a northerly direction along the east line of the City of La Porte Municipal Airport to the westernmost northwest corner of Lots 9, 10, 10-1/2, 11, 11-1/2, 30 and 30-1/2, La Porte Outlots; THENCE in an easterly direction along the south line of Tracts 471D-2, 471D & 471D-1, and 471, La Porte Outlots, to the southeast corner of Tract 471, La Porte Outlots; THENCE in a northerly direction along the east line of Tract 471, La Porte Outlots, to the southwest corner of Lots 231 & 232, La Porte Outlots; THENCE in an easterly direction along the north line of Tracts 9, 10, 10-1/2, 11, 11-1/2, 30 and 30-1/2, Lots 8, 13, & 28, Lot 7, Lots 5 & 6, Lot 4, Lot 3, Lot 2, and Tracts lA & 1B, La Porte Outlots, to the centerline of Sens Road; THENCE in a northerly direction along the centerline of Sens Road to a point 350' north of the intersection of the centerline of North "P" Street and Sens Road; THENCE in a westerly direction along the west right-of-way of Sens Road to its intersection with the centerline of Old La Porte Road; THENCE in an easterly direction along the centerline of Old La Porte Road to its intersection with the centerline of Sens Road; THENCE in a northerly direction along the centerline of Sens Road to its intersection with the north right-of-way line of State Highway 225; THENCE in an easterly direction along the north right-of-way line of State Highway 225 to the northeast corner of Tract 12A, Enoch Brinson Survey, A-5; THENCE in a westerly direction along the north line of Tract 12A and Tract 12B, Enoch Brinson Survey, A-5, to the east right-of-way line of Strang Road; THENCE in a northerly direction along the east right-of-way of Strang Road to the northwest corner of Tract 13D-3, Staashen Subdivision; THENCE in an easterly direction along the north line of Tracts 13D-3 and Tract 13D, Staashen Subdivision, to the west right-of-way of State Highway 146; THENCE in a northeasterly direction along the west right-of-way of State Highway 146 to its intersection with the shoreline of San Jacinto Bay; THENCE in a westerly direction along the meanders of the shoreline of San Jacinto Bay to a point for corner at its intersection with the north boundary line of the La Porte Independent School District; THENCE in an easterly direction along the north line of La Porte Independent School District to its intersection with an imaginary line 2,500 feet distant from, parallel to, and southwest of the centerline of the Houston Ship Channel; THENCE in a southeasterly direction along said imaginary line situated 2,500 feet distant from, parallel to, and southwest of the centerline of the Houston Ship Channel to its intersection with the north line of the City of Morgan's Point; THENCE in a westerly direction along the north line of the City of Morgan's Point to its intersection with the west line of the City of Morgan's Point, said point being a line projected northward from the east right -of -line of North Broadway; THENCE in a southerly direction along the east line of North Broadway to its intersection with the north line of Barbour's Cut Boulevard; THENCE along the north line of Barbour's Cut Boulevard to its intersection with the projected east line of Donaldson Avenue; THENCE in a southeasterly direction along the east line of Donaldson Avenue to its intersection with the centerline of East "E" Street; THENCE in a southwesterly direction along the centerline of East "E" Street to its intersection with the centerline of South Nugent Avenue; THENCE in a southeasterly direction along the centerline of South Nugent Avenue to its intersection with the centerline of Park Street; THENCE in a southwesterly direction along the centerline of Park Street to its intersection with the centerline of South Ohio Avenue; THENCE in a northwesterly direction along the centerline of South Ohio Avenue to its intersection with the centerline of East "G" Street; THENCE in a southwesterly direction along the centerline of East "G" Street to its intersection with the centerline of South Broadway; THENCE in a southerly direction along the centerline of South Broadway to its intersection with the centerline of Fairmont Parkway; THENCE in a westerly direction along the centerline of Fairmont Parkway to its intersection with the centerline of South 16th Street; THENCE in a northerly direction along the centerline of South 16th Street to its intersection with the centerline of West "B" Street; THENCE in a westerly direction along the centerline of West "B" Street to its intersection with the centerline of South 17th Street; THENCE in a northerly direction along the centerline of South 17th Street to its intersection with the centerline of Spencer Highway (West Main Street); THENCE in a westerly direction along the centerline of Spencer Highway (West Main Street) to its intersection with the projected east line of the City of La Porte Municipal Airport and the POINT OF BEGINNING of the herein -described District 4 boundary. Election Officials: Mary Ann Trainer, Presiding Judge Norma Repman, Alternate Presiding Judge Election Precinct #5 Polling Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Boundaries• TRACT 1: BEGINNING at the intersection of the centerline of Spencer Highway (West Main Street) and the centerline of Fleetwood Drive; THENCE in an easterly direction along the centerline of Spencer Highway (West Main Street) to its intersection with the centerline of South 17th Street; THENCE in a southerly direction along the centerline of South 17th Street to its intersection with the centerline of West "B" Street; THENCE in an easterly direction along the centerline of West "B" Street to its intersection with the centerline of South 16th Street; THENCE in a southerly direction along the centerline of South 16th Street to its intersection with the centerline of Fairmont Parkway; THENCE in an easterly direction along the centerline of Fairmont Parkway to its intersection with the centerline of South Broadway; THENCE in a northerly direction along the centerline of South Broadway to its intersection with the centerline of East "G" Street; THENCE in a northeasterly direction along the centerline of East "G" Street to its intersection with the centerline of South Ohio Avenue; THENCE in a southeasterly direction along the centerline of South Ohio Avenue to its intersection with the centerline of Park Street; THENCE in a northeasterly direction along the centerline of Park Street to its intersection with the centerline of South Nugent Avenue; THENCE in a northwesterly direction along the centerline of South Nugent Avenue to its intersection with the centerline of East "E" Street; THENCE in a northeasterly direction along the centerline of East "E" Street to its intersection with the west line of the City of Morgan's Point; THENCE in a southeasterly along the west line of the City of Morgan's Point to its intersection with the shoreline of Galveston Bay; THENCE in a southerly direction along the shoreline of Galveston Bay to its intersection with the north line of the City of Shoreacres; THENCE in a westerly direction along the north line of the City of Shoreacres to its intersection with the west line of State Highway 146; THENCE in northeasterly direction along the west line of the State Highway 146 to the south line of McCabe Road; THENCE in a westerly direction along the south line of McCabe Road to its projected intersection with the west line of the Union Pacific Railroad right-of-way; THENCE in a northerly direction along the west line of the Union Pacific Railroad right-of-way to its intersection with the south line of Fairmont Parkway; THENCE in a westerly direction along the south line of Fairmont Parkway to its intersection with the centerline of Driftwood Drive; THENCE in a northerly direction along the centerline of Driftwood Drive to its intersection with the centerline of Spruce Drive North; THENCE in a westerly direction along the centerline of Spruce Drive North to its intersection with the centerline of Fleetwood Drive; THENCE in a northerly direction along the centerline of Fleetwood Drive to the POINT OF BEGINNING of the herein -described Tract 1 of District 5 boundary. TRACT 2: BEGINNING at the intersection of the east line of South Broadway and the south line of the City of Shoreacres; THENCE in an easterly direction along the south line of the City of Shoreacres to its intersection with the northeast corner of the Bay Colony Subdivision and the shoreline of Galveston Bay; THENCE in a southeasterly direction along the east line of the Bay Colony Subdivision and the shoreline of Galveston Bay to the southeast corner of the Bay Colony Subdivision, said corner also being the city limit line of the City of Pasadena; THENCE in a westerly direction along the south line of the Bay Colony Subdivision and the city limit line of the City of Pasadena to its intersection with the east right-of-way of South Broadway; THENCE in a northerly direction along the east line of South Broadway to the POINT OF BEGINNING for the herein -described Tract 2 of District 5 boundary. Election Officials: Mary Ann Trainer, Presiding Judge Norma Repman, Alternate Presiding Judge Election Precinct #6 Polling Place: Baker School (Entry Area) 9800 Spencer Highway (Spencer Highway @ Underwood; Enter off Spencer Highway) La Porte, Texas 77571 Boundaries• BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and the projected centerline of Willmont Road; THENCE in a northerly direction along the centerline of Willmont Road to its intersection with the centerline of Parkway Drive; THENCE in a westerly direction along the centerline of Parkway Drive to its intersection with the centerline of Rosemont Drive; THENCE in a northerly direction along the centerline of Rosemont Drive to its intersection with the centerline of Clairmont Drive; THENCE in an easterly direction along the centerline of Clairmont Drive to its intersection with the centerline of Willmont Road; THENCE in a northerly direction along the centerline of Willmont Road to its intersection with the centerline of Rocky Hollow Road; THENCE in an easterly direction along the centerline of Rocky Hollow Road to its intersection with the centerline of Roseberry Drive; THENCE in a northerly direction along the centerline of Roseberry Drive to its intersection with the centerline of Hillridge Road; THENCE in an easterly direction along the centerline of Hillridge Road to its intersection with Harris County Flood Control District Unit No. B106-00-00, commonly known as Big Island Slough; THENCE in a northerly direction along the centerline of Big Island Slough to its intersection with the projected centerline of Meadow Place Drive; THENCE in an easterly direction along the centerline of Meadow Place Drive to its intersection with the centerline of Farrington Boulevard; THENCE in a southerly direction along the centerline of Farrington Boulevard to its intersection with the centerline of Spencer Highway (West Main Street); THENCE in an easterly direction along the centerline of Spencer Highway (West Main Street) to its intersection with the centerline of Fleetwood Drive; THENCE in a southerly direction along the centerline of Fleetwood Drive to its intersection with the centerline of Spruce Drive North; THENCE in an easterly direction along the centerline of Spruce Drive North to its intersection with the centerline of Driftwood Drive; THENCE in a southerly direction along the centerline of Driftwood Drive to its intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to the POINT OF BEGINNING of the herein -described District 6 boundary. Election Officials: Earl Ehlers, Presiding Judge Hector Villarreal, Alternate Presiding Judge Election Precinct #7 Polling Place: College Park Elementary 4325 Luella Deer Park, Texas 77536 Boundaries: Those portions of Harris County Precinct Nos. 0051, 0174, 0290, 0346, 0415, 0420, 0662, 0665, and 0704, located within the boundaries of the La Porte Independent School District and the City of Deer Park. Election Officials: Harold Schaffer, Presiding Judge Thelma Schaffer, Alternate Presiding Judge Early Voting Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Section 5. Voting at said election, including early voting, shall be by the use of voting machines, and the ballots of said election shall conform to the Texas Election Code, as amended. Section 6. An Early Voting Ballot Board is hereby created to process Early Voting results for the election. Peggy Holland is appointed Presiding Judge of the Early Voting Ballot Board. At least two (2) other members of the Early Voting Ballot Board shall be appointed by the Presiding Judge, in the same manner as the precinct election clerks. Early Voting by personal appearance shall begin on the 12th day and shall continue through the 4th day preceding the day of election. Early Voting by mail shall begin on the 45th day preceding the date of the election, or as soon thereafter as ballots are available, and shall continue until seven o'clock (7:00) P.M. on election day. Early Voting shall be conducted by a clerk for Early Voting, namely, Patrice Fogarty, and the place at which the Early 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. Early voting by personal appearance shall begin on Monday, April 29, 2013 and continue through Tuesday, May 7, 2013. Early voting by personal appearance shall be conducted on the weekdays of the early voting period, from 8:00 a.m. to 5:00 p.m., except for the third day and the final day of the early voting period, from 7:00 a.m. to 7:00 p.m.; and on the first Saturday of the early voting period, from 8:00 a.m. to 5:00 P.M. Section 7. The City Secretary's election office in the La Porte City Hall is hereby designated as the Central Counting Station to receive all ballots cast at said election, and Sharon Harris is hereby appointed the Presiding Manager for said Central Counting Station, and Yvonne Garrison is hereby appointed the Alternate Presiding Manager for said Central Counting Station. Said Manager shall appoint any clerks necessary to assist in receiving ballots and other records and in performing the other duties of said Manager in this regard. Martha Gillett is hereby appointed as the Presiding Judge of the Central Counting Station and Sharon Harris is hereby appointed as Alternate Presiding Judge for said Central Counting Station. The City Secretary is hereby authorized and directed 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. Sharon Harris is hereby appointed the tabulation supervisor, and Shelly Simon is hereby appointed the assistant tabulation supervisor. Section 8. 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 early 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 9. 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 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. That the City Secretary is hereby ordered and directed to give notice of the election by publication on the same day in each of two successive weeks, with the first publication occurring before the 14th day before the date of the election. The notice shall include a substantial copy of the proposed amendments. Section 12. As soon as practicable after the election and the declaration by the Council that amendments have been approved, the Mayor or City Manager shall certify to the Secretary of State an authenticated copy of the amendments under the City's seal showing approval by the qualified voters of the municipality. 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, 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 14. 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 15. This Ordinance shall be effective upon its passage and approval. IkA PASSED AND APPROVED, this IL7day of 2013. ATTEST: p1�,'/ ". r Patrice Fogar y City Secretary APPROVED: Clark T. Askins Assistant City Attorney