HomeMy WebLinkAboutPO 6596: CANCASSING THE RETURNS AND DECLARING THE RESULTS OF THE SPECIAL ELECTION NOVEMBER 8, 2016, AMENDING THE CHARTER OF THE CITY OF PORT ARTHUR P.O. No. 6596
11/14/16 SB UPDATED
ORDINANCE NO.
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF THE SPECIAL ELECTION HELD ON NOVEMBER 8, 2016
FOR THE PURPOSE OF SUBMITTING A PROPOSITION AMENDING
THE CHARTER OF THE CITY OF PORT ARTHUR
WHEREAS, on July 26, 2016, the City Council Adopted Ordinance No. 16-46 that called for a
Special Election to submit a proposition as to whether or not the city charter shall be amended in
accordance with Chapter 9 of the Texas Local Government Code; and
WHEREAS, on September 6, 2016 the City Council adopted Ordinance No. 16-57 approving a
Joint Election Agreement with the Jefferson County Clerk in accordance with Chapter 271 of the Texas
Election Code; and
WHEREAS, in accordance with the Charter of the City of Port Arthur and the laws of the State of
Texas applicable thereto, a Special Election was held on Tuesday, November 8, 2016, A.D.; and
WHEREAS, the returns of said Special Election have been made by the County Clerk, to the City
Council of the City of Port Arthur, and the City Council has examined said returns; and
WHEREAS, the City Council has a duty to canvass the returns, pursuant to Chapter 67 of the
Election Code.
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 the returns of said Special Election, after being canvassed by the City Council,
are found and declared to be true and correct. There were cast at said election for the proposed Charter
Change Amendment the number of votes as shown on the tabulated statements that are attached hereto
and made a part hereof as Exhibit "A" and as delineated below:
Proposition For 7,435
Proposition Against 3847
s. 6596 1
THEREFORE, the City Charter shall be amended to eliminate Districts 5 and 6, and any related
references in the Charter, 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.
s. 6596 2
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 Tem
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
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 Tem 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.
s. 6596 3
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
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
s. 6596 4
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.
Section 3. That based on the representations of the County Clerk, that she conducted the
Election in accordance with state, local and federal law, and based on the presumption under the law that
the election judges are presumed to have done their duty, the City Council has determined that the
Special Election was duly called, ordered, and held in accordance with the laws of the State of Texas, the
Charter of the City of Port Arthur, and Ordinance No. 16-46, that the Order for the conduct of the Special
Election and the returns thereof, have been made by the proper officials, and that the November 8, 2016
election resulted in the adopted of the proposed Amendment to the Charter of the City of Port Arthur as
stated herein.
Section 4. That this being an Ordinance for which publication is not required under the Charter
of the City of Port Arthur, it shall not be published, but shall take effect and be in force immediately from
and after its passage.
Section 5. That a copy of the caption of this Ordinance 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 FREEMEN, MAYOR
S. 6596 5
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
Yid j';4,%„,0
VALECIA TI NO, CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
BRIAN MCDOUGAL, CITY MANAGER
S. 6596 6
EXHIBIT "A"
(To be presented at the Special Council Meeting)
s. 6596 7
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