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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 H : LegDir /gws/ agenda /2006/03- 28/bea chelectionord 626717 1 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 H: LegDir /gws/ agenda /2006 /03- 28/beachelectionord 2 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. H: Leg Dir /gwsiagenda /2006/03- 28/beachelectionord 3 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. H:LegDirlgwsragenda /2006/03- 28/beachelectionord 4 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 H : LegDir /gws/ agenda /2006 /03- 28/beachelectionord Henry Gar Mayor x717 , 2006.