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HomeMy WebLinkAboutPO 6606: GENERAL ELECTION TO BE HELD ON MAY 6, 2017 P.O. No. 6606 12/29/2016 sb ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE CONDUCT OF A GENERAL ELECTION ON MAY 6, 2017, FOR THE PURPOSE OF ELECTING SIX (6) COUNCILMEMBERS, IN THE CITY OF PORT ARTHUR, TEXAS; AND PROVIDING FORA JOINT ELECTION WITH THE PORT ARTHUR INDEPENDENT SCHOOL DISTRICT, THE SABINE PASS INDEPENDENT SCHOOL DISTRICT AND THE SABINE PASS PORT AUTHORITY IN ACCORDANCE WITH CHAPTER 271 OF THE TEXAS ELECTION CODE, AND PROVIDING FOR THE PUBLICATION OF THE ELECTION NOTICE WHEREAS, the City of Port Arthur is a home rule city with a governing body composed of a Mayor and eight (8) Councilmembers as delineated below: District/ Term Expiration of Term Position Derrick Freeman Mayor 3 year May 2019 Councilmembers: Raymond Scott, Jr. 1 3 year May 2017 Tiffany Hamilton 2 3 year May 2017 Morris Albright 3 3 year May 2017 Keith Richard 4 3 year May 2017 Willie "Bae" Lewis 5 3 year May 2018 Osman Swati 6 3 year May 2018 Charlotte M. Moses 7 3 year May 2017 Kaprina Frank 8 3 year May 2017 WHEREAS, the term for Councilmembers of Districts 1, 2, 3, 4 and Positions 7 and 8 will expire May 2017; and WHEREAS, pursuant to Section 3.004 and Section 41.001 of the Texas Election Code, the City Council shall order a General Election for Council positions to be held in the City of Port Arthur on the first Saturday in May of 2017, the same being May 6, 2017, between the hours of 7:00 a.m. and 7:00 p.m. for the purpose of electing Councilmembers s.po 6606 Page 1 for Districts 1, 2, 3, 4 and Positions 7 and 8, said Order being attached as Exhibit "A". 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 a General Election is hereby ordered to be held on May 6, 2017 for the purpose of electing Councilmembers for Districts 1, 2, 3, 4 and Positions 7 and 8. A copy of said Order and Notice of Election is attached hereto as Exhibit "A". Section 3. That pursuant to the provisions of the Texas Election Code and Article III, Section 7 of the City Charter of the City of Port Arthur, it is hereby ordered that the ballot for said General Election shall include a place for each expiring Council position. Section 4. That one (1) voting place shall be provided, (as shown in Exhibit"A-1" 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 5. 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 6. That the term of office of the persons elected as Councilmembers shall be for a period of three (3) years and until his/her respective successor shall have been elected and duly qualified. Section 7. 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 8. 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. s.po 6606 Page 2 Section 9. 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 10. That pursuant to Section 67.003 of the Texas Election Code, the City Council of the City of Port Arthur shall meet on May 17, 2017, which is within eleven (11) days following election day (May 6, 2017) and officially canvass the returns and declare the results of said Election. The respective candidate receiving a majority of the votes cast at said election for Districts 1, 2, 3, 4 and Positions 7 and 8 shall be declared to be elected. A runoff election shall be held as provided in Section 2.025(a) of the Texas Election Code on July 1, 2017, after the final canvass is completed in the event that a candidate does not receive the majority of votes cast in the General Election. Section 11. That each candidate for an office for which this election is to be held must be at least eighteen (18) years of age, a citizen and qualified voter of the State of Texas and the City of Port Arthur, shall have resided twelve (12) months in the State and twelve (12) months in the City of Port Arthur and six (6) months in their District from which elected immediately preceding election day. Section 12. That in accordance with Texas Election Code Sections 141.031, 143.005, and 143.007 and Section 5 of Article III of the City Charter, each candidate shall file an application with the City Secretary not later than 5 p.m., February 17, 2017 and not earlier than January 18, 2017, stating that he/she is fully qualified under the laws of the State of Texas and the Charter of said City to hold the office he/she seeks. Each application shall include a statement that the candidate is aware of the nepotism law, Chapter 573 Government Code, V.T.C.A., as required by Election Code Section 141.031. Section 13. That the City Secretary shall, under her official hand and seal, certify the list of candidates to the City Council and cause the names of candidates in such s.po 6606 Page 3 election to be published in the City's official newspaper prior to commencement of early voting; and shall also post such names in a conspicuous place in her office. Section 14. 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 15. 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. s.po 6606 Page 4 Section 16. 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 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 17. 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 18. 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 19. That this General City election shall be held jointly with the Port Arthur Independent School District, the Sabine Pass Independent School District and the Sabine Pass Port Authority in accordance with Chapter 271 of the Texas Election Code. The City s.po 6606 Page 5 Secretary of the City of Port Arthur agrees to coordinate, supervise, and handle all aspects of administering said joint election in accordance with the provisions of the Texas Election code and as outlined in the terms of the agreement contained in Exhibit "B", which the City Manager is authorized to sign. Section 20. 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. Section 21. 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 22. That this Ordinance shall take effect immediately from and after its passage. Section 23. 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., 2017, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , Councilmembers s.po 6606 Page 6 r NOES: DERRICK FREEMAN, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: \it! di i 4111 - VALECIA I NO •ITY ATTORNEY APPROVED FOR ADMINISTRATION: BRIAN MCDOUGAL, CITY MANAGER s.po 6606 Page 7 EXHIBIT "A" s.po 6606 Page 8 Exhibit"A" ORDER AND NOTICE OF A GENERAL ELECTION IN THE CITY OF PORT ARTHUR, TEXAS JEFFERSON COUNTY TEXAS Notice is hereby given that the City of Port Arthur will hold a General/Joint Election for the purpose of electing Councilmembers for Districts 1, 2, 3, 4 and Positions 7 and 8 in conjunction with the Port Arthur Independent School District, the Sabine Pass Independent School District and the Sabine Pass Port Authority on Saturday, May 6, 2017, 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 General Election to be held in the City of Port Arthur, Texas, on Saturday, May 6, 2017, between the hours of 7:00 a.m. and 7:00 p.m., for the purpose of electing Councilmembers for Districts 1, 2, 3, 4 and Positions 7 and 8. The term of office for Districts 1, 2, 3, 4 and Positions 7 and 8 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 18, 2017 through February 17, 2017 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 location of each polling place is shown on Exhibit "A-1". 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 24, 2017 and ending on May 2, 2017: City Hall, 444 Fourth Street Port Arthur Public Library, 4615 Ninth Avenue Early voting by personal appearance will be conducted on Thursday, April 27, 2017, and on Tuesday, May 2, 2017, 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 s.po 6606 Page 9 Exhibit"A" Page 2 ORDER AND NOTICE OF GENERAL ELECTION TO BE HELD MAY 6, 2017 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 20, 2017. Applications for Mail Ballots by mail must be received no later than the close of business on Tuesday, April 25, 2017. Issued this day of , 2017. Derrick Freeman, Mayor City of Port Arthur s.po 6606 Page 10 EXHIBIT "A- 1" s.po 6606 Page 11 EXHIBIT"A-1" 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) THOMAS JEFFERSON MIDDLE SCHOOL 2200 JEFFERSON DRIVE (All or a portion of Jefferson County Election Precincts 42, 60, 61, 71 & 102) s.po 6606 Page 12 EXHIBIT " B" s.po 6606 Page 13 Exhibit "B" JOINT ELECTION AGREEMENT This agreement is made by and between the City of Port Arthur and the Port Arthur Independent School District, the Sabine Pass Independent School District and the Sabine Pass Port Authority by authority of Chapter 271.001 of Election Code for the implementation and conduct of the May 6, 2017 election. WHEREAS, this agreement is subject to the approval of all participating parties and shall be binding on said parties upon written approval; and WHEREAS,the City of Port Arthur will conduct a joint municipal election,the Port Arthur Independent School District will conduct a general school board trustee election, the, the Sabine Pass Independent School District will conduct a general school board trustee election and the Sabine Pass Port Authority will conduct a general commissioner election, respectively, on Saturday, May 6, 2017; and WHEREAS,the City of Port Arthur owns the HART eSlate electronic voting system which has been duly approved by the Secretary of State, pursuant to Section 122.031- 122.039, and Section 122.091 of the Texas Election Code; and WHEREAS, the parties to this agreement desire that a joint election be held on the same day,and to use the City's electronic voting system in their elections as well as compensate the City for such use and to share in certain other expenses connected with such elections in accordance with the provision of Section 31.098 of the Texas Election Code; and WHEREAS, said elections will be cost effective and convenient for the voters of the political subdivisions. NOW, THEREFORE, IT IS AGREED that a joint election will be held by the City of Port Arthur,the Port Arthur Independent School District,the Sabine Pass Independent School District, and the Sabine Pass Port Authority under the following terms and conditions, and the parties hereto agree to said conditions: 1. That there shall be one ballot that contains all appropriate races and propositions available for qualified voters of each political subdivision. 2. That said elections shall be held in accordance with the Constitution and laws of the State of Texas and the City Charter,and all duly qualified voters of the City of Port Arthur, the Port Arthur Independent School District, the Sabine Pass s.po 6606 Page 14 Independent School District,and the Sabine Pass Port Authority shall be entitled to vote; provided, however, that no voter shall be given a ballot containing any office or proposition on which the voter is ineligible to vote. 3. That there shall be at least one set of voting equipment to be used at the common polling places. 4. That each political subdivision shall be responsible for the preparation,adoption and publication, and Spanish translation of their own Notice of Election, Order of Election, and requirements and other documents mandated by State Election Code and their governing body. 5. That the City of Port Arthur will be responsible for the Spanish translation of the ballot. 6. That the election forms and records shall be combined in a manner convenient and adequate to record and report the results of the election for the City of Port Arthur,the Port Arthur Independent School District,the Sabine Pass Independent School District, and the Sabine Pass Port Authority. The joint tabulation of the precinct results shall be in a manner to facilitate the independent canvass of returns by all entities. 7. That the implementation, conduct and management of said election shall by the City Secretary of the City of Port Arthur as delineated in Port Arthur City Ordinance No. with the polling locations delineated in Exhibits "A" and "A-1". The City Secretary, City of Port Arthur, is hereby designated as the Chief Election Administrator as well as Early Voting Clerk for each political subdivision for the joint election to be held on May 7, 2016 and runoff election, if necessary. The implementation, conduct and management of the elections shall include, but not be limited to: a. The securing of qualified individuals to serve as election judges and clerks for each polling place within a voting precinct. b. The securing of locations and facilities where the election is to be conducted. c. The securing of election materials and supplies requisite to the proper administration of the elections, and the programming and preparation of voting equipment to be used in the election. d. Providing election equipment, ballots and tabulations. e. The conduct of joint early voting by personal appearance and by mail. f. The Chief Election Administrator shall serve as general custodian of election records in the joint election. s.po 6606 Page 15 8. Election expenses incurred as the result of the services rendered by the City of Port Arthur in the May 6, 2017 election shall be apportioned as follows: a. The City of Pout Arthur will first fund all costs in full, other than publications of each entity's order and notice of election and other expenses related to the required Spanish and optional Vietnamese translations and compliance of the political subdivision with the Texas Election Code, and that all parties to this agreement shall pay a pro-rata share of the following (but not limited to) election expenses: • The implementation and conduct of Election Day and Early Voting, inclusive of election preparation, supplies and personnel. • The cost for election personnel to attend an election school held by the designated Chief Election Administrator and the expenses of conducting the training. • Delivery of election equipment and supplies to the polling locations. • The cost for applicable polling location expenses. • The cost incurred for materials and postage for the distribution of ballots by mail. • Any additional equipment deemed necessary and/or desirable for the holding of said election. • The costs of compensation for Early Voting/Election Day personnel/officials required for election preparation, Early Voting Ballot Board responsibilities, election training and the performance of their duties during the Early Voting period and on Election Day. • The costs of programming, voting equipment rentals, election supplies, Counting Station and the Counting Station Manager and the Tabulation Supervisors. • The cost incurred or the employment and/or use of such personnel as the Chief Election Administrator deems necessary to program and operate the automatic tabulating equipment in accordance with Sections 124.066, 127.001-006 and 127.121.122 of the Texas Election Code. b. It is understood that the City of Port Arthur may incur costs and expenses in connection with the making of arrangements and preparations for the election, and that in the event the joint election to be held is enjoined or canceled, or if for any reason whatsoever the parties to this agreement shall decide not to proceed with the joint election to be held at the expense of the City of Port Arthur, or if the date of the election to be held by the respective parties is postponed or changed, the parties shall pay a pro-rata share of applicable expenses incurred up to the date of written notification of cancelation. 9. In connection with the performance of this contract, neither the City of Port Arthur nor the Chief Election Administrator shall be liable to third parties for any default of the parties to this agreement in connection with the holding of the joint election, including the failure by such entities to pay any expenses s.po 6606 Page 16 hereunder, and such Entities shall not be liable to third parties for any default of the City of Port Arthur or the Chief Election Administrator in connection with the holding of the joint election. 10.Each political subdivision shall be responsible for the preparation of election resolutions, ordinances, and other pertinent documents for the adoption or execution by the proper officer of said party, and no party hereto shall have the responsibility or duty in connection with such preparations by any other party thereto. 11.The contracting parties shall prepare the Notice and Order of Election and submit the documents to the entities for execution by the proper officers. 12.Each political subdivision shall canvass its own returns. 13.Each political subdivision shall provide the City of Port Arthur maps showing their boundaries. 14.Each political subdivision shall be responsible for remedying any ADA compliance issues as to buildings that it owns that will be utilized for polling places and to make necessary accommodations. 15.The financial obligations of the parties under this agreement are payable from current revenues of the respective parties that have been budgeted and appropriated for the purposes set forth herein. 16.The parties to this agreement shall pay the City of Port Arthur their pro-rata share of expenses after the receipt of the bill from the Chief Election Administrator detailing actual costs. 17.That the undersigned are the duly authorized representatives of the parties' governing bodies, and their signature represents adoption and acceptance of the terms and conditions of this agreement. APPROVED AND AGREED to this day of 2017. CITY OF PORT ARTHUR Brian McDougal, City Manager s.po 6606 Page 17 APPROVED AS TO FORM: Valecia Tizeno, City Attorney ATTEST: Sherri Bellard, City Secretary TRMC s.po 6606 Page 18 APPROVED AND AGREED to this day of 2017. PORT ARTHUR INDEPENDENT SCHOOL DISTRICT Dr. Mark Porterie, Superintendent Port Arthur Independent School District ATTEST: s.po 6606 Page 19 APPROVED AND AGREED to this day of 2017. SABINE PASS INDEPENDENT SCHOOL DISTRICT Duyen Blanton, Business Manager Sabine Pass Independent School District ATTEST: s.po 6606 Page 20 APPROVED AND AGREED to this day of 2017. SABINE PASS PORT AUTHORITY Sherri Droddy, Manager Sabine Pass Port Authority ATTEST: s.po 6606 Page 21