HomeMy WebLinkAbout026717 ORD - 03/28/2006ORDINANCE
ORDERING AN ELECTION TO BE HELD ON THE FIRST SATURDAY IN
APRIL, 2007, IN THE CITY OF CORPUS CHRISTI ON THE QUESTION
OF AMENDING THE CHARTER OF THE CITY OF CORPUS CHRISTI TO
PROVIDE FOR RESTRICTION OF VEHICULAR ACCESS TO THE GULF
BEACH AFTER APPROVAL IN A PUBLIC REFERENDUM; PROVIDING
FOR PROCEDURES FOR HOLDING SUCH ELECTION; PROVIDING
FOR NOTICE OF ELECTION AND PUBLICATION THEREOF;
PROVIDING FOR ESTABLISHMENT OF BRANCH EARLY POLLING
PLACES; DESIGNATING POLLING PLACE LOCATIONS; AND
ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT
AND PURPOSE OF THIS ORDINANCE; AND PROVIDING FOR THE
EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, City Council proposes an amendment to the City Charter to require voter
approval of certain restrictions of vehicular traffic on any portion of the Gulf beach within
the corporate limits of the City or its extraterritorial jurisdiction other than from Packery
Channel to Padre Belli Park;
WHEREAS, the City Council desires to place before the electorate of the City of Corpus
Christi the proposed amendment to the Charter of the City of Corpus Christi;
WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the
governing body shall order elections pertaining to municipal affairs, give notice and
appoint election officers to hold the election; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. A City election (hereinafter the "Election ") shall be held in the City of Corpus
Christi, Texas, on the first Saturday in April, 2007, for the purpose of submitting to the
voters of the City consideration of an amendment to the Charter of the City of Corpus
Christi.
SECTION 2. At the Election all the qualified voters of the City of Corpus Christi shall be
permitted to vote.
SECTION 3. The eSlate direct recording equipment (DRE) shall be employed at the
election in accordance with the Texas Election Code and the Election shall be held at
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the polling places in the regularly prescribed precincts of the City of Corpus Christi, as
set forth on Attachment A hereto incorporated by reference and made part of this
ordinance (said Attachment A to be approved and attached when the polling places in
the regularly prescribed precincts are finally determined by Nueces County). The
Election shall be held in accordance with the election laws of the State of Texas. The
polls shall be open from 7:00 a.m. to 7:00 p.m. on the day of the Election.
SECTION 4. The City Secretary shall conduct the Election as directed by ordinance of
the City Council and by law in accordance with the joint election agreement to be
entered into with Nueces County (the agreement with Nueces County shall be approved
and attached hereto as Attachment B and incorporated herein). He is directed to
request consideration by the U. S. Department of Justice of the submission of any
change herein which requires preclearance, and to provide such demographic data and
information as required by law.
SECTION 5. The eSlate direct recording equipment shall be used for the conduct of the
Election on Election Day and for early voting. Early voting in person at each of the
temporary branch polling places shall be conducted as follows:
Such early voting in person may be conducted at the main early voting polling place
located in the first floor lobby of Corpus Christi City Hall, 1201 Leopard, and at the
temporary branch polling places set forth in Attachment C, to be approved and attached
when the temporary branch polling places are determined by the City of Corpus Christi
and then incorporated by reference and made a part of this ordinance.
In addition, early voting in person may be conducted at the mobile temporary branch
polling places set forth in Attachment D, to be approved and attached when the mobile
temporary branch polling places are determined by the City of Corpus Christi and then
incorporated by reference and made a part of this ordinance, during the days and hours
specified therein. The City Secretary is authorized, in the event of an emergency,
preventing any of the designated polling places from being utilized, to provide for
suitable replacement locations.
Each branch polling place and the main early polling place shall serve all election
precincts
SECTION 6. The City Secretary is directed to post and publish such election notices as
are required by the Election Laws of the State of Texas. The City Secretary is further
appointed as the authority and officer responsible for the conduct of said election and is
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hereby authorized and directed to make all necessary arrangements for the holding of
said election in accordance with and subject to the laws of this State including but not
limited to coordinating the election process, including use of tabulation equipment, and
supplies. The City Secretary is authorized to approve all lawful changes and additions to
the procedures provided herein in order to implement such agreement, including, but
not limited to, provisions for substations and mobile voting sites.
SECTION 7. At the Election, the voters shall be presented with the following
proposition (in English and Spanish) in the form prescribed by the Texas Election Code:
Ballot Language:
FOR
AGAINST
CHARTER AMENDMENT
REQUIRING A PUBLIC REFERENDUM PRIOR TO CERTAIN FURTHER
RESTRICTIONS OF VEHICULAR ACCESS TO THE GULF_BEACH.
Effect of Amendment:
Adoption of the Charter Amendment would amend the City Charter, ARTICLE X,
GENERAL POWERS AND PROVISIONS, by adding Section 1A, Certain restrictions of
vehicular access to the Gulf beach, as follows:
Section 1A. Certain restrictions of vehicular access to the Gulf beach.
Except for that portion of the Gulf beach located south of Packery Channel and
north of Padre Balli Park, vehicular access to the Gulf beach may not be restricted
unless approved by a majority of the qualified voters of the city, voting at an election
duly called for such purpose. Thereafter, the City Council may take appropriate
action to restrict vehicular access from that specific portion of the Gulf beach and
comply with all other requirements necessary to effect the result of the election.
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The election requirement of this section shall be effective only after implementation
of the vehicular restriction relating to the Gulf beach located south of Packery
Channel and north of Padre Balli Park and all legal challenges, relating to the
restriction of vehicles from the Gulf beach between Packery Channel to Padre Balli
Park, have been finally resolved and all appeals exhausted.
This section shall not apply when vehicles are restricted from access to the Gulf
beach for public safety, public health, ecological, weather - related, or environmental
reasons; for promotional events; by the use of bollards to separate pedestrians
from traffic while allowing the through movement of traffic; or for the routine
regulation of traffic or parking.
SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision,
clause. phrase, word. or provision of this ordinance, for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word or provision of
this ordinance be given full force and effect for its purpose.
SECTION 9. This ordinance shall take effect immediately upon passage and approval.
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That the fore oin ordinance was read for the first time and passed to its second reading
on this the id,( day of March, 2006, by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John Marez
Jesse Noyola
Mark Scott
That the foregoi rdinan a was read for the second time and passed finally on this the
jit-day of� , 2006 by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John Marez
Jesse Noyola
Mark Scott
PASSED AND APPROVED, this the ' day of
ATTEST
Armando Chapa
City Secretary
APPROVED: March 27. 2006.
uk�mrth.
ar 11V. Smith
Assistant City Attorney
for City Attorney
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Henry Gar
Mayor
x717
, 2006.