HomeMy WebLinkAboutO-2016-3628 Ordinance Cancelling the May 7, 2016, General Election and Declaring the Canidate for Councilperson: John Zemanek-Councilperson-at Large-Position A, Kristen Martin-Councilperson-District 4, Jay Martin-Councilperson-District 5ORI3INANCE NO_ 2016-3628
AN ORE)INANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTS, TEXAS,
`' UEC CARING THE CANUIUATE FOR COUNCILPERSON-AT-LARGE—POSITION A, JOHN
ZEMANEK, THE CANE3IE3ATE FOR COUNCILPERSON—DISTRICT 4, KRISTIN MARTIN,
ANn THE CAN TATE FOR COUNCILPERSON—DISTRICT 5, JAY MARTIN, UNO1-POSEE3;
E3ECLARING THE CAN TATE FOR COUNCILPERSON-AT-LARGE—POSITION A, JOHN
ZEMANEK, THE CANOICATE FOR COUNCILPERSON—CISTRICT 4, KRISTIN MARTIN,
ANE) THE CANE>IE)PATE FOR COUNCILPERSON—DISTRICT 5, JAY MARTIN, ELECTS �;
CANCELLING THE ELECTION FOR POSITION OF AT-LARGE—POSITION A AN E3
SINGLE -MEMBER DISTRICTS 4 ANS 5; REPEALING ALL OR PARTS OF
ORE)INANCES INCONSISTENT OR IN CONFLICT HEREWITH; CONTAINING A
SEVERABILITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING
AN EFFECTIVE SATE_
WHEREAS, pursuant to City cf La Porte Ordinance No. 2016-3616, adopted on
January 1 1, 2016, a general municipal officers' election was ordered to be held on May 7, 2016,
for the purpose of electing three officials of the City, to wit: Councilperson-at-large—Position A
and Councilperscns for E)istricts 4 and 5; and
WHEREAS, pursuant to said Ordinance No. 2016-3616 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 2052,.Texas Election Code,
has certified to the City Council in writing that John ZemaneK is unopposed for election to the
office of Councilperso n-at-large—Position A; Kristin Martin is unopposed for election to the
office of 4; and Jay Martin is unopposed for election to the office of
Councilperson�istri ct 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 Zemanek, Kristin
Martin, and Jay Martin, candidate for Councilperson-at-large—Position A, and Councilperson—
I)istrict 4 and Councilperson—district 5, respectively, whose names are to appear on the ballot
in said election are unopposed; now, therefore,
BE IT (DRE:)AINE1D OY THE CITY COUNCIL OF THE CITY OF LA PORTS, 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 Zemane K,
Kristin Martin, 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 ZemaneK – Councilperson-at-large—Position A
Kristin Martin – Cou ncilperson—District 4
` Jay Martin – Councilperson—District 5
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. 2016-3616, for the 7th day of May, 2016, 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 7,
2016, 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.
of PASSED, APPROVED and ADOPTED on this the 14th day of March, 2016.
A ST:
Patrice Fogarty, City retary
APPROVED:
Clark T. Askins, Assistant City Attorney
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In
Cancellation of 2016 General Election; Page 2
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EXHIBIT A
°� City of La Porte 0&e of t%e City Secretary
EstabiisheJ 1892 Patrice Fogarty, City Secretary
CERTIFICATION OF UNOPPOSED CANDIDATES
CERTIFICA CION DE CANDIDA TOS UNICOS
To: Presiding Officer of Governing Body
Al. • Presidente de la entidad gobemante
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 7, 2016.
Como autoridad a cargo de la preparacion de la boleta de votacion official, porta presente certifico
que los siguientes candidates son candidates unicos para eleccion para un cargo en la eleccion
que se llevara a Cabo el 7 de Mayo, 2016.
List of offices and names of candidates:
Lista de cargos y nombres de los candidates.-
4W
andidates.
offices
Cargos
Candidates
Candidatos
Councilperson-At-Large—A John Zemanek
Persona de Concilio At-Large—A
Councilperson---District 4 Kristin Martin
Persona de Concilio Distrito 4
Councilperson—District 5 Jay Martin
Persona de Concilio Distrito 5
Dat of sig ing (Fecha de firma)
Patrice Fogarty C y Secy ary
(Patrice Fogarty, la secretana de la Ciudad)
604 W. Fairmont Parkway ■ La Porte, Texas 77571 ■ (2$1)470-5021 ■ www.laportetx.gov
Cancellation of 2016 General Election; Page 3