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HomeMy WebLinkAboutPO 6757: CANCELLING THE JOINT ELCTION WITH THE PORT ARTHUR INDEPENDENT SCHOOL DISTRICT AND THE SABINE PASS INDEPENDENT SCHOOL DISTRICT, MAY 4, 2019 P.O. No. 6757 02/18/2019 sb ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 19-04 FOR THE PURPOSE OF CANCELLING THE CONDUCT OF A JOINT ELECTION WITH THE PORT ARTHUR INDEPENDENT SCHOOL DISTRICT AND THE SABINE PASS INDEPENDENT SCHOOL DISTRICT ; 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 OF PORT ARTHUR NAVIGATION 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 Counolmembers: 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". s.po6757 Page 1 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 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. s.po6757 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 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. s.po6757 Page 3 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 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 s.po6757 Page 4 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 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. s.po6757 Page 5 Section 19. That the Joint Election with the Port Arthur Independent School District and the Sabine Pass School District is cancelled and the Orders of Cancelation are attached as Exhibit "B". 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., 2019, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers s.po6757 Page 6 NOES: DERRICK FREEMAN, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: .� i.1/.6 -e 6"-.k VALECIA TeENO, CITY ATTORNEY APPROVED FOR ADMINISTRATION: HARVEY ROBINSON, INTERIM CITY MANAGER s.po6757 Page 7 EXHIBIT "A" s.po6757 Page 8 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 of Port Arthur Navigation 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 s.po6757 Page 9 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 s.po6757 Page 10 EXHIBIT "A- 1" s.po6757 Page 11 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) (PAPORT ONLY 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) (PAPORT ONLY 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 9J 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, 71 & 102) (PAPORT ONLY 60 & 61) s.po6757 Page 12 EXHIBIT " B" s.po6757 Page 13 A W 12-2 Prescribed by Secretary of State Section 2.051—2.053,Texas Election Code 2/14 ORDER OF CANCELLATION ORDENDE CANCELACION The SABINE PASS ISD hereby cancels the election scheduled to be held on (official name of governing body) MAY 4,2019 in accordance with Section 2.053(a)of the Texas (date on which election was scheduled to be held) Election Code. The following candidates have been certified as unopposed and are hereby elected as follows: • El SABINE PASS ISD por la presente cancela la eleccidn que,de to contrario, (nonrbre Okla,de la eneldad gobernante) se hubiera celebrado el mayo 4,2019 de conformidad,con (fec/ra en que se hrrblere celebrado la eleccien) la Seccit n 2.053(a) del C6digo de Elecciones de Texas. Los siguientes candidatos hen sirlo certificados como candidatos«nicos y por la presente quedan elegidos coma se ham indicoda a continuacidn: Candidate(Candidato) Office Sought(Cargo al que presenia candidature) Ethan Blood Board of Trustee Jennifer Blood Board of Trustee A copy of this order will be posted on Election Day at each polling place that would have been used in the election. El Din de los Elecciones se exhibird una Copia de esta orden en tortes hos mesas electorates que se huhieran utilizado en le eleccibn. ' • ./ President (Presidente) (-07- 0,(/-/ ecretary(Secreterio) (seal)(sella) bS— :)-0 Cj Date of adoption (Feclra de adopcion) See reverse side for instructions Instrucciones en d reverso THE STATE OF TEXAS § § PORT ARTHUR INDEPENDENT SCHOOL DISTRICT COUNTY OF JEFFERSON § ORDER OF CANCELLATION ORDENDE CANCELACION The Port Arthur inde endent School District hereby cancels the election scheduled to be held on May 4, 2019 in accordance with Section 2.053(a) of the Texas Election C The following candidates have been certified as unopposed and are hereb ode. follows: y elec ted as Del Distrito Escolar Inde endiente de Port Arthur po "r la presente cancela la elecc' que, de to contrario, se hubiera celebrado el 4 de mavo del 2099 de conformidad, con la Seccion 2.053(a) del Codigo de Elecciones de Texas. Los siguientes candidat sido certificados coma candidatos Unicos y por la presente quedan elegidoscomo han haya indicado a continuacion: omo se Candidate (Candidato) Office Sought (Cargo al que presents candidatura) Robert Reid Donald R. Frank, Sr. Trustee Trustee A copy of this order will be posted on Election Day at each polling place that have been used in the election. would El Dia de las Elecciones se exhibiro una copia de esta orden en todas las mesas electorates que se hubieran utilizado en la eleccion. President (P - ente ) Secr- . .r - - - ario) (seal) (sello) - t9 Date of Adoption (Fecha de adopcion)