HomeMy WebLinkAboutPO 6530: SPECIAL ELECTION FOR TO SUBMIT PROPOSITIONS AS TO WHETHER THE CITY OF PORT ARTHUR SHALL IMPLEMENT A STREET MAINTENANCE SALES TAX P.O. No. 6530
02/11/2016 gt
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE CONDUCT OF A SPECIAL
ELECTION ON MAY 7, 2016, TO SUBMIT PROPOSITIONS AS TO
WHETHER THE CITY OF PORT ARTHUR SHALL IMPLEMENT A
STREET MAINTENANCE SALES TAX AT A RATE OF 1/8 PERCENT BY
REDUCING THE EXISTING SECTION 4A (TYPE A ECONOMIC
DEVELOPMENT CORPORATION) SALES AND USE TAX(1/2 PERCENT)
BY 1/8 TO FACILITATE THIS PURPOSE AND WHETHER THE
EXISTING TYPE A SALES TAX SHALL BE UTILIZED FOR VARIOUS
CATEGORIES OF PROJECTS AUTHORIZED FOR TYPE B
CORPORATIONS PURSUANT TO CHAPTER 505 OF THE TEXAS LOCAL
GOVERNMENT CODE, AND PROVIDING FOR THE PUBLICATION OF
THE ELECTION NOTICE
WHEREAS, the Board of Directors of the City of Port Arthur Section 4A Economic
Development Corporation has requested that the City Council consider two propositions
related to the use of sales and use tax; and
WHEREAS, the first proposition is for the implementation of a Street Maintenance
Sales Tax, and the second proposition is for the use of the Type A Sales tax for a project
related to Affordable Housing, which is a 4B project, pursuant to Section 505.153 of the
Texas Local Government Code; and
WHEREAS, with regard to Affordable Housing proposition, pursuant to Chapter
504.152 of the Texas Local Government Code (formerly Section 4A(s) of Article 5190.6
Vernon's Texas Code Statutes), the City Council is authorized to call a Special Election on
the usage of Type A sales tax for categories of projects applicable to Type B Corporations
pursuant to Chapter 505 of the Texas Local Government Code (formerly Article 5190.6
Vernon's Texas Code Statutes); and
WHEREAS, the City Council desires to submit propositions to the voters thereon,
said propositions being described in Exhibit"A-1" to the Order attached hereto as Exhibit
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That pursuant to the provisions of Section 9.004 and Section 9.006
Texas Local Government Code, a Special Election is hereby ordered to be held on May 7,
2016, to submit the proposed propositions on the usage of Type A sales tax for categories
of projects applicable to Type B Corporations pursuant to Chapter 505 of the Texas Local
Government Code (formerly Article 5190.6 Vernon's Texas Code Statutes). A copy of said
Order and Notice of Election is attached as Exhibit "A", with the proposed propositions
attached as Exhibit "A-1" thereto, and the polling locations being attached as Exhibit "A-2"
thereto.
Section 3. That pursuant to 504.153 of the Texas Local Government Code, a
public hearing must be held in order for Type A corporations to perform a Type B project.
Section 4. That the City Council will take due consideration as to the proposed
cost and impact of the project or category of projects as delineated in the propositions and
will take due consideration of the comments of the citizens at the Tuesday, March 22,
2016, public hearing at 9:00 a.m.
Section 5. That the City Secretary shall post notices of the date, time, place, and
subject of the Public Hearing in the official newspaper of the City on the following Sundays:
February 21, 2016, February 28, 2016, March 6, 2016, March 13, 2016, and on March 20,
2016, and otherwise as required by law.
Section 6. That pursuant to Section 504.152 Local Government Code, the City
Council is authorized to call an Election on the usage of Type A sales tax for categories of
projects under Type B, as delineated under Chapter 505 Local Government Code.
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Section 7. That one (1) voting place shall be provided, (as shown in Exhibit"A-2"
to the proposed Order and Notice of Elections, attached hereto as Exhibit"A") within each
of the precincts or combined precincts into which the City is divided for voting purposes.
Section 8. That all persons are qualified to vote at said elections who are qualified
voters under the Constitution and Laws of the State of Texas and the City Charter.
Section 9. That said election shall be by Electronic Voting System as authorized in
Texas Election Code Sec. 123.001. Early voting shall be conducted at the locations shown
on Exhibit"A-1"attached hereto; and shall be under the control and supervision of the City
Secretary. This includes the usage of electronic voting equipment certified by the Secretary
of State.
Section 10. That said election shall only provide one kind of voting system, no
paper ballots will be provided, as mandated by Texas Election Code Sec 123.005.
Section 11. That the Robert E. "Bob" Bowers Civic Center at 3401 Cultural Center
Drive is hereby designated as the"Counting Station"to receive and tabulate voted ballots.
Section 12. That pursuant to Section 67.003 of the Texas Election Code, the City
Council of the City of Port Arthur shall meet on May 18, 2016, which is within eleven (11)
days following election day(May 7, 2016) and officially canvass the returns and declare the
results of said Election.
Section 13. That the conduct of such election shall be in accordance with the
requirements of the Texas Election Code, including provisions for bilingual assistance,
notices, instructions, electronic ballots, and other written materials and information relating
to the electoral process, for which presentation and assistance is required.
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Section 14. That in accordance with Chapter 32 of the Election Code, and Article
III, Section 4 of the City Charter, the City Council shall hereinafter appoint the following:
Presiding Judges for each polling place as set forth in Sections 32.031 and 32.032 of the
Texas Election Code and with such compensation as to be set by the City Council per
Sections 32.091 and 32.092 of the Texas Election Code.
• Manager of the Counting Station with such duties as set forth in Section 127.002 of
the Texas Election Code and with such compensation as to be set by the City
Council.
• Tabulation Supervisor of the Counting Station with such duties as set forth in
Section 127.003 of the Texas Election Code.
• Presiding Judge and Alternate Presiding Judge of the Counting Station with duties
and compensation as set forth in Section 127.005 of the Texas Election Code and
with such compensation as to be set by the City Council.
• Early Voting Ballot Board with such duties as delineated in Section 87.002 of the
Election Code which includes the processing of mail ballots and provisional ballots
from the Voter Registrar and with such compensation as to be set by the City
Council per Section 87.005 of the Election Code.
• Signature Verification Committee if requested by the Early Voting Clerk pursuant to
Section 87.027 of the Texas Election Code.
Section 15. That in addition to the election officers to be designated and
appointed, Karina Shields, a registered voter of Jefferson County who reads and speaks the
Spanish language fluently, as well as Huy Tran, a registered voter in Jefferson County who
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reads and speaks the Vietnamese language fluently, are hereby appointed as election
officers to be on call on a standby basis to render personal assistance to any voter
requesting personal assistance at polling places on Election Day and during Early Voting in
accordance with the Election Laws at a sum of $15 per hour. Before serving as an
interpreter, Karina Shields and Huy Tran shall take the oath as delineated in Section 61.035
of the Election Code. The City Secretary shall place placards that Spanish and Vietnamese
interpreters are available via cell phone and listing their phone numbers. If a person needs
assistance, the interpreters will visit the polling locations. Written translations of election
documents shall be paid in the sum of $0.10 per word, subject to the limitations of the
Texas Election Code and with such qualifications as delineated in the Election Code.
Section 16. That the Judges and the Alternate Judges shall be paid the sum of
fifteen ($15.00) dollars per hour and the Election Clerks shall be paid the sum of thirteen
($13.00) dollars per hour, subject to the limitations of Sections 32.091 through 32.094 of
the Texas Election Code. The Judge who delivers the returns of the Election shall be further
paid the amount of twenty-five ($25.00) dollars for that service.
Section 17. That the City Secretary is hereby directed to cause the official ballots
for use at said Election to be prepared in the manner prescribed by Article III, of the
Charter and the Texas Election Code.
Section 18. That the Mayor shall cause notice of this election to be given in
accordance with Section 4.003 of the Texas Election Code by publishing a copy of the
Notice of Election in the official newspaper of the City of Port Arthur at least one (1) time,
not earlier than the thirtieth (30th) day nor later than the tenth (10th) day before Election
Day; and a copy of this Ordinance together with a copy of said Notice shall be filed in the
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office of the City Secretary and another copy of said notice shall be posted on the bulletin
board used for posting notices of the meetings of the City Council of the City of Port Arthur
at least twenty-one (21) days before the election.
Section 19. That the Notice of Election shall include the location of each polling
place and shall comply with Exhibit "A" attached and made part hereof.
Section 20. That this Ordinance shall take effect immediately from and after its
passage.
Section 21. That a copy of this Ordinance shall be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED on this day of ,
A.D., 2016, at a Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote:
AYES: Mayor: ,
Councilmembers:
NOES: .
DELORIS PRINCE, MAYOR
ATTEST:
SHERRI BELLARD, CITY SECRETARY
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APPROVED AS TO FORM:
L.,_:�Gt�
VALEC A TIZEN , CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
BRIAN MCDOUGAL, CITY MANAGER
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EXHIBIT "A"
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Exhibit"A"
ORDER AND NOTICE
OF A GENERAL, JOINT AND SPECIAL ELECTION
IN THE CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
Notice is hereby given that the City of Port Arthur will hold a General, Joint and
Special Election for the purpose of electing a Mayor in conjunction with the Port Arthur
Independent School District, the Port of Port Arthur Navigation District, the Sabine Pass
Independent School District, Sabine Pass Port Authority, and a Special Election to submit
propositions as to whether or not the City of Port Arthur shall implement a Street
Maintenance Sales Tax at a rate of 1/8 percent by reducing the existing Section 4A (type A
Economic Development Corporation) sales and use tax (1/2 percent) by 1/8 to facilitate this
purpose and the usage of Type A sales tax for categories of projects applicable to Type B
Corporations pursuant to Chapter 505 of the Texas Local Government Code (formerly
Article 5190.6 Vernon's Texas Code Statutes) on Saturday, May 7, 2016, between the hours
7:00 a.m. and 7:00 p.m.
I, Deloris "Bobbie" Prince, Mayor of the City of Port Arthur, Texas, as authorized by
the City Council, do hereby Order and give Notice of a General Election to be held in the
City of Port Arthur, Texas, on Saturday, May 7, 2016, between the hours of 7:00 a.m. and
7:00 p.m., for the purpose of electing a Mayor. The term of office for Mayor shall be for a
period of three years until his/her respective successor shall have been elected and duly
qualified. Candidates may file an application with the City Secretary for a place on the
ballot beginning January 20, 2016 through February 19, 2016 at 5:00 p.m.
Said election shall be by Electronic Voting System as provided in Section 123.001 of
the Election Code, Section 9.004, et seq., Local Government Code and the City Charter.
The proposed Charter Change Amendment being attached as "A-1". The location of each
polling place is shown on Exhibit "A-2". Early voting by personal appearance will be
conducted each weekday at the following locations between the hours of 8:00 a.m. and
5:00 p.m. beginning on April 26, 2016 and ending on May 3, 2016:
City Hall, 444 Fourth Street
Port Arthur Public Library, 4615 Ninth Avenue
Early voting by personal appearance will be conducted on Thursday, April 28, 2016,
and on Tuesday, May 3, 2016, between the hours of 7:00 a.m. and 7:00 p.m. at the
following location of the main early voting polling place:
City Hall, 444 Fourth Street
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Exhibit"A"
Page 2
ORDER AND NOTICE OF GENERAL, JOINT AND SPECIAL ELECTION
TO BE HELD MAY 7, 2016
Please contact the City Secretary's Office at (409) 983-8115 for an Application for a
Ballot by Mail or submit your request by e-mail at mailballotapplications@portarthurbc.gov.
Applications for a Ballot by Mail shall be mailed to:
City of Port Arthur Or City of Port Arthur
City Secretary Sherri Bellard City Secretary Sherri Bellard
Post Office Box 1089 444 Fourth Street
Port Arthur, Texas 77641-1089 Port Arthur, Texas 77640
Applications delivered by the voter in person must be received no later than 5:00
p.m. on Friday, April 22, 2016. Applications for Mail Ballots by mail must be received no
later than the close of business on Tuesday, April 26, 2016.
Issued this day of , 2016.
Deloris "Bobbie" Prince, Mayor
City of Port Arthur
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EXH I BIT ‘‘A- 1"
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PROPOSED PROPOSITIONS:
Proposition No. 1:
For the next four (4) years, commencing October 1, 2016, shall the City of Port Arthur
authorize the adoption a local sales and use tax in the City of Port Arthur at a rate of 1/8
percent to provide revenue for maintenance and repair of municipal streets by reducing the
existing Section 4A (Type A Economic Development Corporation) Sales and Use Tax (1/2
percent) by 1/8 to facilitate this purpose and for the retention of the remaining 3/8 percent
to continue to be utilized for the Section 4A (Type A Economic Development Corporation)
Sales and Use Tax?
Proposition No. 2:
For the next three (3) years, commencing on October 1, 2016 and extending until
September 30, 2019, the existing Section 4A (Type A Economic Development Corporation)
Sales and Use Tax within the City of Port Arthur shall be utilized for the cost of land,
buildings, equipment, facilities, and improvements found by the City of Port Arthur Section
4A Economic Development Corporation Board of Directors to be required or suitable for the
promotion of development and expansion of affordable housing, as described by 42 U.S.C.
12745, with a project area bounded by Atlanta Street on the west, 8th Street on the north,
Nashville Street on the east and 5th Street on the south within the City of Port Arthur,
Texas, which is a category of projects under Section 505.153 of the Local Government
Code (Type B Economic Development Corporation), with the condition it will be limited to
single family dwellings and the total annual spending by the City of Port Arthur Section 4A
Economic Development Corporation will not exceed $300,000. Said period of time can be
extended an additional three (3) years by the City Council by a two-thirds (2/3) vote of the
City Council after reviewing public comment on the proposed cost and impact of the
project.
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EXHIBIT"A-2"
ELECTION PRECINCTS: POLLING PLACES:
R. L. ELDRIDGE COMMUNITY CENTER 5262 S. Gulfway Drive
(Sabine Pass)
(All or a portion of Jefferson County Election
Precinct 32)
MEMORIAL 9TH GRADE ACADEMY
(Formerly known as Stephen F. Austin) 2441 - 61st Street
(All or a portion of Jefferson County Election
Precincts 33 & 34)
TYRRELL ELEMENTARY 4401 Ferndale
(All or a portion of Jefferson County Election
Precincts 43, 44, 47, 48, 49, 76 & 93)
PORT ARTHUR PUBLIC LIBRARY 4615 Ninth Avenue
(All or a portion of Jefferson County Election
Precincts 45, 46, 70, 82, 95, 96, 98, 101 & 105)
PORT ARTHUR CITY HALL 444 Fourth Street
(All or a portion of Jefferson County Election
Precinct 50, 51, 52, 53, 54, 55 & 81)
ABRAHAM LINCOLN MIDDLE SCHOOL 1023 Abe Lincoln
(FORMERLY KNOWN AS MEMORIAL HIGH SCHOOL
9TH GRADE CAMPUS AND LINCOLN HIGH SCHOOL)
(All or a portion of Jefferson County Election
Precincts 57, 58, 59 & 104)
TAFT ELEMENTARY SCHOOL 2500 Taft Avenue
(All or a portion of Jefferson County Election
Precincts 42, 60, 61, 71 & 102)
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