HomeMy WebLinkAboutO-2013-3471 declaring candidates/cancelling general electionORDINANCE NO. 2013-/a1q_/1 r
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
DECLARING THE CANDIDATE FOR COUNCILPERSON AT LARGE A, JOHN P. ZEMANEK,
JR., THE CANDIDATE FOR COUNCILPERSON DISTRICT 4, TOMMY MOSER, AND THE
CANDIDATE FOR COUNCILPERSON DISTRICT 5, JAY MARTIN, UNOPPOSED;
DECLARING JOHN P. ZEMANEK, JR., CANDIDATE FOR COUNCILPERSON AT LARGE A,
TOMMY MOSER, CANDIDATE FOR COUNCILPERSON DISTRICT 4, AND JAY MARTIN,
CANDIDATE FOR COUNCILPERSON DISTRICT 5, ELECTED; CANCELLING THE
ELECTION FOR POSITION AT LARGE A AND SINGLE -MEMBER DISTRICTS 4 AND 5;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN
CONFLICT HEREWITH; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN OPEN
MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to City of La Porte Ordinance No. 2013-3462, adopted on
January 28, 2013, a general municipal officers' election was ordered to be held on May 11,
2013, for the purpose of electing three officials of the City, to wit: Councilperson At Large A and
Councilpersons for Districts 4 and 5; and
WHEREAS, pursuant to said Ordinance No. 2013-3462 and Sections 143.007 and
146.054 of the Texas Election Code, the deadline for filing applications for a place on the ballot
and declaration of write-in candidacy for the City's municipal officers' election has expired; and
WHEREAS, the City Secretary, in accordance with Section 2.052, Texas Election Code,
has certified to the City Council in writing that John P. Zemanek, Jr., is unopposed for election
to the office of Councilperson At Large A; Tommy Moser is unopposed for election to the office
of Councilperson District 4; and Jay Martin is unopposed for election to the office of
Councilperson District 5; and a copy of such Certification of Unopposed Candidates labeled
Exhibit A is attached hereto and made a part hereof; and
WHEREAS, the City Council hereby finds and determines that John P. Zemanek, Jr.,
Tommy Moser and Jay Martin, candidate for At Large A, and Districts 4 and 5, respectively,
whose names are to appear on the ballot in said election are unopposed; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. The facts and matters set forth in the preamble of this ordinance are
hereby found to be true and correct.
Section 2. In accordance with Section 2.053, Texas Election Code, John P.
Zemanek, Jr., Tommy Moser, and Jay Martin are hereby declared duly elected to the respective
offices shown and shall be issued a certificate of election in the same manner and at the same
time as provided for a candidate elected at the election:
John P. Zemanek, Jr. — Councilperson At Large A
Tommy Moser — Councilperson District 4
Jay Martin — Councilperson District 5
Cancellation of 2013 General Election; Page 1
Section 3. Pursuant to Section 2.053, Texas Election Code, the general municipal
officers' election heretofore called and ordered pursuant to City of La Porte, Ordinance No.
2013-3462, for the 11th day of May, 2013, shall not be held; and the City Secretary is hereby
directed to cause a copy of this ordinance to be posted on election day, same being May 11,
2013, at the polling places that would have been used in such election.
Section 4. All ordinances or parts of ordinances inconsistent or in conflict herewith
are, to the extent of such inconsistency or conflict, hereby repealed.
Section 5. In the event any clause, phrase, provision, sentence, or part of this
ordinance or the application of same to any person or circumstance shall for any reason be
adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect,
impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part
declared to be invalid or unconstitutional; and the City Council of the City of La Porte, Texas,
declares that it would have passed each and every part of the same notwithstanding the
omission of any such part thus declared to be invalid or unconstitutional, whether there by one
or more parts.
Section 6. 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.
PASSED, APPROVED and ADOPTED on this the 11th day of March, 2013.
M
Rtricatrice
EST:
Fogarty, City retary
APPROVED:
/�, .
Clark T. Askins, Assistant City Attorney
- • ifi
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EXHIBIT A
City of La Porte
Esta6jisbe� 1892
0&e of the City Secretary
Patrice Fogarty, City Secretary
CERTIFICATION OF UNOPPOSED CANPIDATES
CERTIFICACIOAf DE CANDIDATOS UNICOS
To: Presiding Officer of Governing Body
Al., Presidenle do I& entidad gabernante
As the authority responsible for having the official ballot prepared, I hereby certify that the
following candidates are unopposed for election to office for the election scheduled to be held
on May 11, 2011
Como autoddad a cargo de ]a preparacion de is boleta do votacion official, por /a presento
ceflifico que los siguientes candidates son candidates unicos para elaccion para un cargo en /a
eloccion quor so lievara a cabo el I I do Mayo, 2013,
List of offices and names of candidates:
Lisle de cargos y nombres de los candidates!
Offices Cargos Candidates Candidatos
Councilperson At Large A John P. Zemanek, Jr.
Persona de Concilio At Large A
Councliperson District 4 Tommy Moser
Persona de Concilio Distrito n6mero 4
Councilperson District 5 Jay Martin
Persona de Concilio Distrito n5mero 5
Date of signing (Fecha de firma)
Patrice Fogarty, V 4'
y Secr4kry
(Patrice Fogartyla secraleda do la ciudad)
604 W. Poirrr*,it Potkway N, Lo Porte, Toxos 77571 m (281)470-5021 w ww%#;,6portefx.gov
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