HomeMy WebLinkAboutPO 6748: ORDERING THE MAY 4, 2019 ELECTION P.O. No. 6748
01/02/2019 sb
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE CONDUCT OF THE MAY 4,
2019 GENERAL ELECTION FOR THE PURPOSE OF ELECTING A
MAYOR, IN THE CITY OF PORT ARTHUR, TEXAS; AND PROVIDING
FOR A JOINT ELECTION WITH THE PORT ARTHUR INDEPENDENT
SCHOOL DISTRICT, THE PORT OF PORT ARTHUR NAVIGATION
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 six (6) 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 2020
Cal Jones 2 3 year May 2020
Thomas Kinlaw 3 3 year May 2020
Harold Doucet 4 3 year May 2020
Charlotte Moses 7 3 year May 2020
Kaprina Frank 8 3 year May 2020
WHEREAS, the term for Mayor expires May 2019; 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 Mayor to be held in the City of Port
Arthur on the first Saturday in May of 2019, the same being Saturday, May 4, 2019,
between the hours of 7:00 a.m. and 7:00 p.m., for the purpose of electing a Mayor, said
Order being attached as Exhibit "A".
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
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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 4,
2019, for the purpose of electing a Mayor. 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 the expiring position of Mayor.
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 election who is a qualified
voter under the Constitution and Laws of the State of Texas and the City Charter.
Section 6. That the term of office of the person elected as Mayor 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" 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.
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.
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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 Wednesday, May 15, 2019 at 10:30 a.m.,
which is within eleven (11) days following election day (May 4, 2019) 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 Mayor shall be declared to be elected. A
runoff election shall be held as provided in Section 2.O25(a) of the Texas
Election Code on Saturday, June 22, 2019, after the final canvass is completed in the
event that a candidate does not receive the majority of votes cast in the General Election
for Mayor.
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., Friday, February 15,
2019 and not earlier than Wednesday, January 16, 2019, 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
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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 for 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 may include the processing of early voting results, 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
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Section 87.027 of the Texas Election Code
Section 16. That in addition to the election officers to be designated and
appointed, a registered voter of Jefferson County who can read and speak the Spanish
language fluently, as well as one, registered voter in Jefferson County who can read and
speak the Vietnamese language fluently, will be 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 interpreters, the two election
officials 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 Port of Port Arthur Navigation District, the Sabine
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Pass Independent School District and the Sabine Pass Port Authority in accordance with
Chapter 271 of the Texas Election Code. The City 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 Mayor 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 20. 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 21. That this Ordinance shall take effect immediately from and after its
passage.
Section 22. 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., 2019, at a Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote:
AYES: Mayor ,
Councilmembers ;
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NOES:
DERRICK FREEMAN, MAYOR
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
VALECIA TIZENO, CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
HARVEY ROBINSON, INTERIM CITY MANAGER
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EXHIBIT "A"
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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
in conjunction with the Port Arthur Independent School District, the Port of Port Arthur
Navigation District, the Sabine Pass Independent School District and the Sabine Pass Port
Authority on Saturday, May 4, 2019, 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/Joint Election to be held in the
City of Port Arthur, Texas, on Saturday, May 4, 2019, between the hours of 7:00 a.m. and
7:00 p.m., for the purpose of electing a Mayor, for a term 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 Wednesday, January
16, 2019 through Friday, February 15, 2019 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 Monday, April 22, 2019 and ending on Tuesday,
April 30, 2019:
City Hall, 444 Fourth Street
Port Arthur Public Library, 4615 Ninth Avenue
Early voting by personal appearance will be conducted on Thursday, April 25, 2019,
and on Tuesday, April 30, 2019, 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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ORDER AND NOTICE OF GENERAL/JOINT ELECTION
TO BE HELD MAY 4, 2019
Please contact the City Secretary's Office at (409) 983-8115 for an Application for a
Ballot by Mail.
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 for Mail Ballots must be received no later than the close of business on
Tuesday, April 23, 2019.
Issued this day of , 2019.
Derrick Freeman, Mayor
City of Port Arthur
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EXHIBIT "A- 1"
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ELECTION PRECINCTS: POLLING PLACES:
R. L. ELDRIDGE COMMUNITY CENTER 5262 S. Gulfway Drive
(Sabine Pass)
(All or a portion of Jefferson
County Election Precincts 32)
MEMORIAL 9TH GRADE ACADEMY
(Formerly known as STEPHEN F. AUSTIN SCHOOL
Middle School) 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 44, 47, 48, 49, 76 & 93
PAISD & PAPORT 43)
PORT ARTHUR PUBLIC LIBRARY 4615 Ninth Avenue
(All or a portion of Jefferson
County Election Precincts 45, 46, 70, 82,
95, 96, 98 & 105
PAISD & PAPORT 101)
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, 71 & 102
PAISD & PAPORT 60 & 61)
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EXHIBIT " B"
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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 Port of Port Arthur Navigation 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 4,
2019 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 Port of Port Arthur Navigation District will conduct a general commissioner election,
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 4, 2019; and
WHEREAS, the City of Port Arthur owns the Verity 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, THERFORE, IT IS AGREED that a joint election will be held by the City of
Port Arthur, the Port Arthur Independent School District, the Port of Port Arthur
Navigation 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
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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 Port of Port Arthur
Navigation 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-i". 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 4, 2019 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.
8. Election expenses incurred as the result of the services rendered by the City of
Port Arthur in the May 4, 2019 election shall be apportioned as follows:
a. The City of Port 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.
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• 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. The Port Arthur Independent School District, the Port of Port Arthur
Navigation District, the Sabine Pass Independent School District and the
Sabine Pass Port Authority will individually reimburse the City of Port
Arthur for certain costs as follows:
• The costs of compensation for Early Voting and Election Day
personnel/officials required for election preparation,election training and
the performance of their duties during the election period for Precincts 32
and 58
c. 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
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
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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.
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APPROVED AND AGREED to this day of _ 2019.
CITY OF PORT ARTHUR
Mayor Derrick Freeman
APPROVED AS TO FORM:
Valecia Tizeno, City Attorney
ATTEST:
Sherri Bellard, City Secretary TRMC
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APPROVED AND AGREED to this day of 2019.
PORT ARTHUR INDEPENDENT SCHOOL DISTRICT
Dr. Mark Porterie, Superintendent
Port Arthur Independent School District
ATTEST:
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APPROVED AND AGREED to this day of 2019.
PORT OF PORT ARTHUR NAVIGATION DISTRICT
, Commissioner
Port of Port Arthur Navigation District
ATTEST:
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APPROVED AND AGREED to this day of 2019.
SABINE PASS INDEPENDENT SCHOOL DISTRICT
, Superintendent
Sabine Pass Independent School District
ATTEST:
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APPROVED AND AGREED to this day of 2019.
SABINE PASS PORT AUTHORITY
, Manager
Sabine Pass Port Authority
ATTEST:
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