HomeMy WebLinkAboutPO 6565: CALLING A SPECIAL ELECTION ON NOVEMBER 8, 2016 P.O. No. 6565
07/08/2016 gt/vt/sb
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE CONDUCT OF A SPECIAL
ELECTION ON NOVEMBER 8, 2016,TO SUBMIT A PROPOSITION AS
TO WHETHER OR NOT THE CITY CHARTER SHALL BE AMENDED IN
ACCORDANCE WITH CHAPTER 271 OF THE TEXAS ELECTION CODE,
AND PROVIDING FOR THE PUBLICATION OF THE ELECTION NOTICE
(REQUESTED BY COUNCILMEMBER SWATI)
WHEREAS, pursuant to Section 9.004 Texas Local Government Code, the City
Council may on its own motion by the approval of an ordinance, submit a proposed charter
amendment to the municipality's qualified voters for their approval at an election.
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 Section 9.004 of the Texas Local Government Code,
the ordinance ordering the election shall provide for the election to be held on the first
authorized uniform election date prescribed by the Election Code or on the earlier of the
date of the next municipal general election or presidential general election. The election
date must allow sufficient time to comply with other requirements of law and must occur
on or after the 30th day after the date the ordinance is adopted.
Section 3. 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
November 8, 2016, to submit the proposed Charter amendment. A copy of said Order and
Notice of Election is attached as Exhibit "A", with the proposed Charter Amendment being
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attached as Exhibit "A-1" thereto, and the polling locations being attached as Exhibit"A-2"
thereto.
Section 4. That the Notice of the election shall be published in a newspaper
of general circulation published in the municipality.
The notice must:
(1) include a substantial copy of the proposed amendment;
(2) include an estimate of the anticipated fiscal impact to the
municipality if the proposed amendment is approved at the election; and
(3) be published on the same day in each of two successive weeks, with
the first publication occurring before the 14th day before the date of the election.
Section 5. That as required by Section 52.072 of the Texas Election Code said
amendment shall appear on the ballot as a proposition.
Section 6. That one (1) voting place shall be provided, (as shown in Exhibit"A-2"
to the proposed Order and Notice of Election, attached hereto as Exhibit"A") within each of
the precincts or combined precincts into which the City is divided for voting purposes.
Section 7. 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 8. 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 County Clerk. This includes the usage of electronic voting equipment certified by the
Secretary of State.
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Section 9. 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 10. That the 7963 Viterbo Road, Beaumont,Texas is hereby designated
as the"Counting Station"to receive and tabulate voted ballots as required by the Jefferson
County Clerk.
Section 11. That pursuant to Section 67.003 of the Texas Election Code, each
local canvassing authority shall convene to conduct the local canvass at the time set by the
canvassing authority's presiding officer not earlier than the eighth day or later than the
11th day after election day. The City Council of the City of Port Arthur shall meet on Friday,
November 18, 2016, which is the tenth day (10) following the election day (November 8,
2016), and officially canvass the returns and declare the results of said Election.
Section 12. 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.
Section 13. 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
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. Additionally, pursuant to Section 9.004
(b) of the Texas Local Government Code, the Notice of Election must be published on the
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same day in each of two successive weeks, with the first publication occurring before the
14th day before the date of the election.
Section 14. 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 15. That this Ordinance shall take effect immediately from and after its
passage.
Section 16. 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:
DERRICK FREEMAN, MAYOR
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ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
/'t7 &VALECIA TITTORNEY
APPROVED FOR ADMINISTRATION:
BRIAN MCDOUGAL, CITY MANAGER
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EXHIBIT "A"
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Exhibit"A"
ORDER AND NOTICE
OF A SPECIAL ELECTION
IN THE CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
Notice is hereby given that the City of Port Arthur will hold a Special Election to
submit a proposition as to whether or not the City Charter shall be amended, on Tuesday,
November 8, 2016, between the hours 7:00 a.m. and 7:00 p.m.
I, Derrick Freeman, Mayor of the City of Port Arthur, Texas, as authorized by the
City Council, do hereby Order and give Notice of a Special Election to be held in the City of
Port Arthur, Texas, on Tuesday, November 8, 2016, between the hours of 7:00 a.m. and
7:00 p.m., to submit a proposition as to whether or not the City Charter shall be amended.
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 between October 24, 2016 and November 4, 2016.
EARLY VOTING LOCATIONS:
(Localizaciones de Votacion Adelantada):
Beaumont Courthouse-Main Location 1001 Pearl St. Beaumont, Texas
Port Arthur Sub-Courthouse 525 Lakeshore Dr., Port Arthur, Texas
Rogers Park Recreation Center 6540 Gladys, Beaumont, Texas
Port Arthur Public Library 4615 Ninth Ave., Port Arthur, Texas
Theodore Johns Library 4255 Fannett Rd., Beaumont, Texas
John Paul Davis Community Center 3580 E. Lucas, Beaumont, Texas
Marion & Ed Hughes Public Library 2715 Nederland Ave., Nederland, Texas
Groves Recreation Center 6150 39th Street, Groves, Texas
Effie &Wilton Hebert Library 2025 Merriman Street, Port Neches, Texas
DATES AND HOURS FOR ALL ABOVE LOCATIONS:
(Fechas y Horas para todas las localizciones):
October 24 - 28 Monday - Friday 8:00 a.m.-5:00 p.m.
(Octobre 24-28) (Lunes - Viernes)
October 29 Saturday 7:00 a.m.-7:00 p.m.
(Octobre 29) (Sabado)
October 30 Sunday 12:00 p.m.-5:00 p.m.
(Octobre 30) (Domingo)
October 31 - November 4 Monday - Friday 7:00 a.m.-7:00 p.m.
(Octobre 31 -Noviembre 4) (Lunes- Viernes)
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DATES AND HOURS FOR LOCATIONS BELOW:
(Fechas y Horas para todas las iocaizaciones):
Jefferson Co. J.P. Pct 4 Bldg 19217 FM 365, Beaumont, Texas
(Judge Chesson's Courtroom)
Precinct One Service Center 1201 W. Hwy 90, China, Texas
October 29 Saturday 7:00 a.m. -7:00 p.m.
(Octobre 29) (Sabado)
October 30 Sunday closed Sunday
(Octobre 30) (Domingo)
October 31 - November 4 Monday - Friday 7:00 a.m.-7:00 p.m.
(Octobre 31 - Noviembre 4) (Lunes - Viernes)
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@portarthurtx.gov.
Applications for a Ballot by Mail shall be mailed to:
Carolyn Guidry
Jefferson County Clerk
Post Office Box 1151
Beaumont, Texas 77704-1151
Applications for Mail Ballots must be received no later than the close of business on
October 28, 2016.
Issued this day of , 2016.
Derrick Freeman, Mayor
City of Port Arthur
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EXHIBIT "A- 1"
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PROPOSED CHARTER AMENDMENT:
SHALL SECTIONS 1, 2 AND 9 OF ARTICLE II, SECTIONS 2, 3 AND 8
OF ARTICLE III, SECTION 8 OF ARTICLE IV, AND ANY RELATED
REFERENCES IN THE CHARTER BE AMENDED TO ELIMINATE
COUNCIL DISTRICTS 5 (WHICH IS THE COMBINED BOUNDARIES OF
DISTRICTS 1 AND 4) AND 6 (WHICH IS THE COMBINED
BOUNDARIES OF DISTRICTS 2 AND 3) AS FOLLOWS?
ARTICLE II. - THE COUNCIL
Section 1. - Number, Selection and Term of Office.
Beginning in May 2018, the Council shall be composed of a Mayor and Six (6)
Councilmembers, each of whom, unless sooner removed under the provisions of this
Charter, shall serve for a three (3) year term, from the first meeting of the Council
following his election, and until his successor has been elected and duly qualified. One
(1) Councilmember from each of the four (4) Districts shall be elected by majority vote of
the qualified voters of the respective District. One (1) Councilmember for Positions
Numbered Seven (7) and Eight (8) and the Mayor shall be elected at-large by the qualified
voters of the City. The Mayor and Councilmember for Positions Seven (7) and Eight (8)
shall be elected by majority vote and may reside in any District. After May 2013, neither
the Mayor nor any Councilmember shall serve more than two (2) consecutive three(3)year
terms in the same office. This provision will apply to those newly elected to the positions
of Mayor and Council that take office after the May 2013 Election.
Section 2. - Qualifications.
The Council shall be composed of a Mayor and Six (6) Councilmembers, each of
whom, unless sooner removed under the provisions of this Charter, shall serve for a three
(3) year term, from the first meeting of the Council following his election, and until his
successor has been elected and duly qualified. One (1) Councilmember from each of the
four (4) Districts shall be elected by majority vote of the qualified voters of the respective
District. One (1) Councilmember for Positions Numbered Seven (7) and Eight (8) and the
Mayor shall be elected at-large by the qualified voters of the City. The Mayor and
Councilmember for Positions Seven (7) and Eight (8) shall be elected by majority vote and
may reside in any District. After May 2013, neither the Mayor nor any Councilmember shall
serve more than two (2) consecutive three (3) year terms in the same office. This provision
will apply to those newly elected to the positions of Mayor and Council that take office after
the May 2013 Election.
Section 9. - Mayor Pro Tem.
At its first meeting following each regular election of Councilmembers, beginning with
the 1992 election, the hereinafter designated Councilmember shall serve as Mayor Pro Tern
until the next regular election. Beginning with the May 2018 election, each Councilmember
shall be respectively designated by number from one (1)through six (6), corresponding to
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the positions on the City Council, i.e., Councilmember designated No. One (1) shall
correspond to the Councilmember for Council District One (1) and so on for each respective
Council position, with Councilmember designated No. Eight (8) corresponding to
Councilmember Position No. Eight (8). The office of Mayor Pro Tern shall rotate in
sequence with each designated Councilmember serving a one (1) year term as Mayor Pro
Tem until a Councilmember from each district serves a one year term in sequence of their
district number on council, and thereafter repeating this sequence. The Mayor Pro Tem
shall act as Mayor during the absence or disability of the Mayor, and shall have power to
perform every act the Mayor could perform if present.
ARTICLE III. - ELECTIONS
Section 2. - Change of District Boundaries.
The City Council shall by ordinance have the power to adjust district boundaries as
necessary to equalize the number of electors contained in each district. The City Council
shall review boundaries not less than every four (4) years.
Section 3. - Elections.
The regular election for office of Mayor and Councilmembers to the places on the
Council occupied by officers whose terms are expiring shall be held on the first Tuesday in
November of each year or such other date as may be required by state election laws. In
every such election each qualified voter shall vote for not more than one candidate for
Mayor, one (1) candidate for Council from the voter's respective district, and one (1)
candidate for Council for each of the designated at-large positions. All positions for Mayor
and Council are elected by majority vote. Said election shall be ordered by the governing
body. The City Secretary shall give notice of such election in accordance with the State
Election Code.
Section 8. - Canvassing Election and Declaring Results. Majority Vote.
The returns of every municipal election shall be delivered forthwith by the Election
Judges to the City Secretary. The Council shall canvass the returns, investigate the
qualifications of the candidates, and declare the official results of the election not later than
the first regular meeting following the delivery of the votes to the City Secretary. The
returns of every municipal election shall be recorded in the Minutes of the Council by
precinct totals. The qualified person receiving the majority of votes cast in the case of the
Mayor or Councilmember for Districts One (1) through Four (4) and Councilmembers for
positions Number Seven (7) and Eight (8) shall thereupon by declared by said Council
elected.
Should any candidate for Mayor or Districts One (1) through Four(4) or positions
Number Seven (7) and Eight (8) fail to receive a majority of votes at the regular election
for the office for which he is a candidate, the Council shall immediately order a special
election to be held no less than ten (10) nor more than thirty (30) days after the result of
the regular election has been declared, at which special election the names only of the two
candidates receiving the highest number of votes at the regular election, for the office for
which they were candidates, shall be printed on the ballots or machines, and submitted to
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the qualified voters for election and the candidate receiving the majority of votes at such
special election, for the office for which he was a candidate, shall be duly elected.
In the event of a tie between the two candidates for any office at said second election,
they shall cast lots to determine who shall be elected thereto. The decision of the Council
as to qualification of candidates shall be conclusive and final for all purposes.
ARTICLE IV. - INITIATIVE, REFERENDUM AND RECALL
Section 8. - Notice of Intention.
(a) To initiate recall proceedings for Councilmembers serving in Districts One,Two,Three,
Four, and Positions Seven and Eight and the Mayor's position, any five respective
qualified voters of the District or City from which the Councilmember or Mayor was
elected, shall make and file with the City Secretary an affidavit stating the name of the
member of the City Council sought to be removed and a statement of reasons for the
removal. Such statement shall not exceed 300 words and shall, in so far as possible,
state factual grounds for the removal. The five persons shall constitute the petitioner's
committee.
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EXHIBIT"A-2"
ELECTION PRECINCTS: POLLING PLACES:
Precincts Election Day Polling Address City, State &Zip
(precintos) Locations (Direccion) Code
(Localizacions)
ALL (todos) Amelia Elementary School 565 S. Major Dr. Beaumont, TX 77707
ALL (todos) Beaumont Municipal Airport 455 Keith Rd. Beaumont, TX 77713
ALL (todos) Bevil Oaks Civic Center 7390 Sweetgum Rd. Bevil Oaks, TX 77713
ALL (todos) BISD Administration Building 3395 Harrison Ave. Beaumont, TX 77706
ALL (todos) Calvary Baptist Church 3650 Dowlen Rd. Beaumont, TX 77706
ALL (todos) Dishman Elementary 3475 Champions Dr. Beaumont, TX 77707
ALL (todos) 0. C. Mike Taylor Career Center 2330 North St. Beaumont, TX 77702
ALL (todos) Precinct 1 Service Center 20205 W. Hwy 90 China, TX 77613
ALL (todos) Rogers Park Community Center 6540 Gladys Ave. Beaumont, TX 77706
ALL (todos) Roy Guess Elementary 8055 Voth Rd. Beaumont, TX 77708
ALL (todos) Hebert Library 2025 Merriman St. Port Neches, TX
77651
ALL (todos) Central Gardens Fire Station 3707 Central Blvd. Nederland, TX 77627
ALL (todos) Groves Public Library 5600 West Groves, TX 77619
Washington
ALL (todos) Nederland City Hall 207 N. 12th St. Nederland, TX 77627
ALL (todos) Jerry Ware Airport Terminal 5000 Jerry Ware Dr. Beaumont, TX 77705
ALL (todos) J. P. 4 Bldg 19217 FM 365 Beaumont, TX 77704
ALL (todos) LaBelle-Fannett VFD 12880 FM 365 Beaumont, TX 77705
ALL (todos) Marion & Ed Hughes Public 2712 Nederland Ave. Nederland, TX 77627
Library
ALL (todos) Port Neches City Hall 1005 Merriman Port Neches, TX
77651
ALL (todos) Groves Activity Building 6150 39th St. Groves, TX 77619
ALL (todos) DeQueen Elementary 740 DeQueen Blvd. Port Arthur, TX 77640
ALL (todos) El Vista Community Center 615 Ellias St. Port Arthur, TX 77640
ALL (todos) Jefferson County Sub- 525 Lakeshore Dr. Port Arthur, TX 77640
Courthouse
ALL (todos) Memorial 9th Grade Academy 2441 61st St. Port Arthur, TX 77642
ALL (todos) 0. W. Collins Retirement Center 4440 Gulfway Dr. Port Arthur, TX 77642
ALL (todos) Port Arthur Public Library 4615 9th Ave. Port Arthur, TX 77642
ALL (todos) Port Arthur Recreation Center 1308 9th Ave. Port Arthur, TX 77642
ALL (todos) R. L. Gabby Eldridge Center 5262 S. Gulfway Dr. Port Arthur, TX 77655
ALL (todos) Travis Elementary 1115 Lakeview Ave. Port Arthur, TX 77642
ALL (todos) Willie Ryman III Community 3248 39th St. Port Arthur, TX 77642
Center
ALL (todos) Alice Keith Park Recreation 4075 Highland Ave. Beaumont, TX 77705
Center
ALL (todos) Charlton-Pollard Elementary 825 Jackson St. Beaumont, TX 77701
ALL (todos) Dr. Mae Jones-Clark Elementary 3525 Cleveland St. Beaumont, TX 77703
ALL (todos) Hamshire Community Building 12393 2nd St. Hamshire, TX 77622
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ALL (todos) Jefferson County Courthouse 1001 Pearl St. Beaumont, TX 77701
ALL (todos) MLK Middle School 1400 Avenue A Beaumont, TX 77701
ALL (todos) John Paul Davis Community 3580 E. Lucas Dr. Beaumont, TX 77703
Center
ALL (todos) Precinct 4 Service Center 7780 E. Boyt Rd. Beaumont, TX 77713
ALL (todos) Sterling Pruitt Center 2930 Gulf St. Beaumont, TX 77703
ALL (todos) Theodore Johns Library 4255 Fannett Rd. Beaumont, TX 77705
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