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HomeMy WebLinkAboutO-2015-3572 declaring candidates unopposed (Mayor, District 2, District 3) and elected, and cancelling the May 9, 2015 general election ORDINANCE NO. 2015-�, ,59.1� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, DECLARING THE CANDIDATE FOR MAYOR, LOUIS R. RIGBY, THE CANDIDATE FOR COUNCILPERSON DISTRICT 2, CHUCK ENGELKEN, AND THE CANDIDATE FOR COUNCILPERSON DISTRICT 3, DARYL LEONARD, UNOPPOSED; DECLARING THE CANDIDATE FOR MAYOR, LOUIS R. RIGBY, THE CANDIDATE FOR COUNCILPERSON DISTRICT 2, CHUCK ENGELKEN, AND THE CANDIDATE FOR COUNCILPERSON DISTRICT 3, DARYL LEONARD, ELECTED; CANCELLING THE ELECTION FOR POSITION OF MAYOR AND SINGLE-MEMBER DISTRICTS 2 AND 3; 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. 2015-3565, adopted on January 26, 2015, a general municipal officers' election was ordered to be held on May 9, 2015, for the purpose of electing three officials of the City, to wit: Mayor and Councilpersons for Districts 2 and 3; and WHEREAS, pursuant to said Ordinance No. 2015-3565 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 Louis R. Rigby is unopposed for election to the office of Mayor; Chuck Engelken is unopposed for election to the office of Councilperson District 2; and Daryl Leonard is unopposed for election to the office of Councilperson District 3; 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 Louis R. Rigby, Chuck Engelken and Daryl Leonard, candidate for Mayor, and Districts 2 and 3, 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, Louis R. Rigby, Chuck Engelken, and Daryl Leonard 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: Louis R. Rigby— Mayor Chuck Engelken —Councilperson District 2 Daryl Leonard —Councilperson District 3 Cancellation of 2015 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. 2015-3565, for the 9th day of May, 2015, 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 9, 2015, 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 9th day of March, 2015. CITY OF RTE By: oui R. Rigby, M yor A ST: Patrice Fogarty, Ci ecret APPROVED: � Clark T. Askins, Assistant City Attorney Cancellation of 2015 General Election;Page 2 i EXHIBIT A ° City of ta Porte. mice-of the'City Secretary , Established 1892 Patrice Fogarty,City Secretary CERTIFICATION OF UNOPPOSED.CANDIDATES CERTIFICACION DE CANDIDATOS.UNICOS. -To:.Presiding,Officer of Governing Body `AL•-Presidente de la entidad gobernante- As;the authority,responsible for having, the official ballot prepared;-I hereby certify that the fol lowing candidates are osed for election to-office for the election scheduled:tb be held on 9 PP_ May,9_2015.," • . _ Como autoridad`a.cargo de la-preparacion deJa,boleta de votacionofficial,poria presente_certifico' que,los_siguielnt s candidates son candidates unicos para eleccion Parauncargoren la,eleccion gge,se_,llevara_ cabo el 9 de Mayo,201'5. List ofoffices and names of candidates: Lista de cargos y nombres de los candidates: - Offices Cargos., Candidates Candidafos Mayor, <- Louis R..Rigby Alcalde �.CouricilpersonDistrict 2 :Chuck Engelken Persona de•-Concilio Distrito numero 2 ` �-CouncilpersonDistrict 3 Daryl Leonard__ Persona de Concilio"Distrito numero 3 Date of`signing.(-echa de firma) i ello) �� - s� Patrice Fogarty: 'ty Sec �`tary,, ++ :,° V ;(PatriceFogarty,la secretana dela Ciudad) 5 +�A�i��R1S G4�� 604 W Fairmont:Parkway m La Porte,Texas 77571 ® (281)470-502Y www.laportetx.gov Cancellation of 2015 General Election; Page 3