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HomeMy WebLinkAboutPO 5779: CANVASSING ELECTION RESULTSinteroffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney ~,L„~ ~,~~~~ Date: November 9, 2007 Subject: P. O. No. 5779 - November 14, 2007 Special Meeting Attached is P. O. No. 5779 canvassing the returns and declaring the results of a Special Election held in the City of Port Arthur on Tuesday, the 6th da.y of November, 2007; a special election for the purpose of filling a vacancy from Council District 7 and for the purpose of submitting bond propositions to the voters. I am also attaching the preliminary numbers. We will not have the final numbers until November 13, 2007, and they will be attached as Exhibit "A". The numbers will also need to be inserted into the Ordinance. Pursuant to Section 67.004 of the Election Code, two members of the City Council constitute a quorum for the sole purpose of canvassing the election. I am also attaching an email from Vinson & Elkins verifying that it only takes two members of the City Council to constitute a quorum as to adopt the attached ordinance. MTS:gt Cc: Tom Sage VINSON & ELKINS z.po5779.memo Page 1 of 2 Mark Sokolow From: "Sage, Thomas" <tsage@velaw.com> To: <mark@portarthur.net> Sent: Wednesday, November 07, 2007 11:13 AM Subject: Canvassing Election Returns Mark, In response to your inquiry, I wanted to send you an email regarding the requirements for local canvass. Pursuant to Section 61.004(a), Texas Election Code, "Two members of the [City Council] constitute a quorum for purposes of canvassing an election." Given this authority, any two members of the Port Arthur City Council will constitute a quorum for the sole purpose of adopting an Ordinance Canvassing the Election Results for the November 6, 2007 Election. Thank you, Tom Sage Thomas A. Sage Attorney Vinson & Elkins LLP First City Tower 1001 Fannin Street, Suite 2300 Houston, TX 77002-6760 Tel 713.758.2159 Fax 713.615.5728 tsage(avelaw.com <mailtc~tit~tsage~velaw _com> To the extent this communication contains any staterr~ent regarding federal taxes, that statement was not written or intended to be used, and it cannot be used, by any person (i) as a basis for avoiding federal tax penalties that maybe imposed on that person, or (ii) too promote, market or recommend to another party any transaction or matter addressed herein. CONFIDENTIALITY NOTICE The information in this email maybe confidential ancVor privileged. This email is intended to be reviewed by only the individual or organization named above. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this email and its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. 11 /7/2007 4k199ci5b13~1 Nov 06 07 11:45p Terri ,Hanks 4099856134 p.l SUMMARY REPT-GROUP DETAIL 2007 JOINT ELECTION REPORT-EL45A PAGE 003 JEFFERSON COUNTY, TX TUESDAY, NOVEMBER 6, 2007 RUN DATE:11/06/07 10:16 PM TOTAL VOTES % Mail EV Paper EV No ED Paper ED No STATE PROP 14 STATE WIDE Vote for 1 For (A Favor) 13,590 73.84 86 5 6,296 410 6,793 Against (En Contra) 4,814 26.16 27 5 2,271 143 2,368 Over Votes 2 1 0 0 1 0 Under Votes 3,350 79 3 1,466 110 1,692 STATE PROP 15 STATE WIDE Vote for 1 For (A Favor) 14,346 76.32 Against (En Contra) 4,450 23.68 Over Votes 0 Under Votes 2,960 STATE PROP 16 STATE WIDE Vote for 1 For (A Favor) 12,417 67.30 Against (En Contra) 6,033 32.70 Over Votes 0 Under Votes 3,306 POSITJON 7 COUNCILMEMBER CITY OF PORT ARTHUR Vote for 1 54 WILLIE "BAE" LEWIS, JR.. 1,612 40.43 55 DAVID ALBRIGHT. 1,574 39.48 56 D. KAY WISE. 801 20.09 Over Votes 0 Under Votes g3 CITY OF PORT ARTHUR PROP 1 dote for 1 FOR (A FAVOR) 2,928 78.60 AGAINST (EN CONTRA) 797 21.40 Over Votes 0 Under Votes 345 CITY OF PORT ARTHUR PROP 2 Vote for 1 FOR (A FAVOR) 2,712 74.06 AGAINST (EN CONTRA) 950 25.94 Over Votes 0 Under Votes 408 CITY OF PORT ARTHUR PROP 3 Vote for 1 FOR (A FAVOR) 3,027 81.59 AGAINST (EN CONTRA) 683 18.41 Over Votes 0 Under Votes 360 105 7 6,522 446 7,266 41 3 2,138 127 2,141 0 0 0 0 0 47 3 1,373 91 1,446 68 5 5,589 334 6,421 37 5 2,957 198 2,836 0 0 0 0 0 88 3 1,487 132 1,596 27 1 854 33 697 16 2 982 16 55$ 2 1 441 13 344 0 0 0 0 0 5 0 42 8 28 38 1 1,621 44 1,224 3 1 490 10 293 0 0 0 0 0 9 2 208 16 110 42 1 1,500 43 1,126 4 2 575 11 358 0 0 0 0 0 4 1 244 16 143 41 1 1,688 44 1,253 4 1 421 11 246 0 0 0 0 0 5 2 210 15 128 Nov 06 07 11:45p Terri Hanks 4099856134 p.2 SUMMARY REPT-GROUP DETAIL 2007 JOINT ELECTION REPORT-EL45A PAGE 004 JEFFERSON COUNTY, TX TUESDAY, NOVEMBER 6, 2007 RUN DATE:11/06/07 10:16 PM TOTAL VOTES i Mail EV Paper EV No ED Paper ED No CITY OF PORT ARTHUR PROP 4 Vote for 1 FOR (A FAVOR) 2,993 79.98 42 1 1,667 45 1,238 AGAINST (EN CONTRA) 749 20.02 4 1 459 8 277 Over Votes 0 0 0 0 0 0 Under Votes 328 4 2 193 17 112 CITY OF PORT ARTHUR PROP 5 Vote for 1 FOR (A FAVOR) 2,118 58.46 AGAIN5T (EN CONTRA) 1,505 41.54 Over Votes 0 Under Votes 447 CITY OF PORT ARTHUR PROP 6 Vote for 1 FOR (A FAVOR) 2,420 66.87 AGAINST (EN CONTRA) 1,199 33,13 Over Votes 0 Under Votes 451 BEAUMONT ISD PROP 1 BEAU MONT INDEPENDENT SCHOOL DISTRICT Vote for 1 FOR (A FAVOR DE) 8,634 57.53 AGAINST (EN CONTRA DE) 6,373 42.47 Over Votes 0 Under Votes 176 PORT ARTHUR ISD PROP 1 PORT ARTHUR INDEPENDENT SCHOOL DISTRICT Vote for 1 FOR (A FAVOR DE) 2,295 60.97 AGAINST (EN CONTRA DE) 1,469 39.03 Over Votes 0 Under Votes 259 PORT ARTHUR ISD PROP 2 PORT ARTHUR INDEPENDENT SCHOOL DISTRICT Vote for 1 FOR (A FAVOR DE) 2,197 59.57 AGAINST (EN CONTRA OE) 1,491 40.43 Over Votes 0 Under Votes 335 PORT ARTHUR ISD PROP 3 PORT ARTHUR INDEPENDENT SCHOOL DISTRICT Vote for 1 FOR (A FAVOR DE) 2.217 59.79 AGAINST (EN CONTRA DE) 1,491 40.21 Over Votes 0 Under Votes 315 32 0 1,161 36 889 13 2 878 18 594 0 0 0 0 0 5 2 280 16 144 35 1 1,323 41 1.020 13 1 725 11 449 0 0 0 0 0 2 2 271 18 158 88 1 3,575 285 4,685 46 6 3,262 265 2.794 0 0 0 0 0 2 0 62 20 92 36 0 1,271 36 952 13 3 885 18 550 0 0 0 0 0 0 1 159 12 87 36 0 1,216 34 911 13 3 902 17 556 0 0 0 0 0 0 1 197 15 122 35 0 1,229 35 918 14 3 907 16 551 0 0 0 0 0 0 1 179 15 120 Nov 06 07 11:45p Terri Hanks SUMMARY REPT-GROUP DETAIL RUN DATE:111O6lO7 10:16 PM PRECINCTS COUNTED (OF 117). REGISTERED VOTERS - TOTAL . BALLOTS CAST - TOTAL. DOTER TURNOUT -TOTAL STATE PROP 1 STATE WIDE Vote for 1 For (A Favor) . Against (En Contra) . Over Votes . Under Votes . STATE PROP 2 STATE WIDE Vote for 1 For (A Favor) . Against (En Contra) . Over Votes . Under Votes . STATE PROP 3 STATE WIDE Vote for 1 For (A Favor) . Against (En Contra) . Over Votes . Under Dotes . STATE PROP 4 STATE WIDE Vote for 1 For (A Favor) . Against (En Contra) . Over Votes , Under Votes . STATE PROP 5 STATE WIDE Vote for 1 For (A Favor) . Against (En Contra) . Over Votes . Under Votes . STATE PROP 6 STATE WIDE Vote for 1 For (A Favorl . Against (En Contra) . Over Votes . Under Votes . 4099856134 p.3 2007 JOINT ELECT.[ON REPORT-EL45A PAGE 001 JEFFERSON COUNTY, TX TUESDAY, NOVEMBE[2 6, 2007 TOTAL DOTES X Mail EV Paper EV No ED Paper ED No 0 150,728 21.755 193 13 10,032 664 10,853 14.43 11,246 63.26 47 1 5,204 293 5,701 6,532 36.74 43 8 3,099 207 3,175 0 0 0 0 0 0 3,978 103 4 1.730 164 1,977 13,371 70.94 75 2 5,967 378 6,949 5,476 29.06 39 8 2,786 185 2,458 0 0 0 0 0 0 2,909 79 3 1,280 101 1,446 12,436 67.88 74 5 5,767 360 6,230 5,885 32.12 32 5 2,776 176 2.896 1 0 0 0 1 0 3,434 87 3 1,490 127 1,727 12,039 64.93 64 4 5,458 327 6,186 6,503 35.07 47 6 3,198 213 3.039 1 0 0 0 1 0 3,213 82 3 1.377 123 1,628 11,832 67.58 58 5 5,415 344 b,O1O 5,676 32.42 30 5 2,748 166 2,727 0 0 0 0 0 0 4,248 105 3 1,870 154 2,116 13,740 74.65 85 8 6,235 397 7,015 4,666 25.35 23 2 2,323 143 2,175 0 0 0 0 0 0 3,350 85 3 1,475 124 1,663 Nov 06 07 11:46p Terri Hanks SUMMARY REPT-GROUP DETAIL RUN DATE:11/06/07 10:16 PM STATE PROP 7 STATE WIDE Vote for 1 For (A Favor) . Against (En Contra) . Over Votes . Under Votes . STATE PROP 8 STATE WIDE Vote for 1 80 24 0 89 2007 JOINT ELECTION REPORT•EL45A F'AGE 002 JEFFERSON COUNTY, TX TUESDAY, NOVEMBER 6, 2007 TOTAL VOTES X Mail EV Paper EV No ED Paper ED No 14.249 77.59 92 7 6,578 420 ;7,152 4,116 22.41 17 3 1,977 110 2,009 0 0 0 0 0 0 3.391 84 3 1.478 134 :1,692 For (A Favor) 14.005 78.45 Against (En Contra) 3;846 21.55 Over Votes 0 Under Votes 3.905 STATE PROP 9 STATE WIDE Vote for 1 For (A Favor) 15.729 85.81 Against (En Contra) 2.601 14.19: Over Votes 1 Under Votes 3,425 STATE PROP 10 STATE WIDE Vote for 1 For (A Favor) 11.773 66.35 Against (En Contra) 5.972 33.65 Over Votes 2 Under Votes 4.009 STATE PROP 11 STATE WIDE Vote for 1 For (A Favor) .~ . Against (En Contra) . Over Votes . . Under Votes . STATE PROP 12 STATE WIDE Vote for 1 For (A Favor) . Against (En Contra) . Over Votes . Under Votes . STATE PROP 13 STATE WIDE Vote for 1 For (A Favor) . Against (En Contra) . Over Votes . "'Under Votes . 103 12 0 78 4099856134 6 6.417 4 1.890 0 0 3 1.726 8 7.244 2 1,278 0 0 3 1,511 p.4 423 7,079 107 1.821 0 0 134 1.953 471 7,903 66 1,243 1 0 126 1,707 70 4 5,608 339 5,752 26 6 2,703 172 3,065 2 0 0 0 0 95 3 1.722 153 2,036 13,721 78.95 82 7 6,318 410 6,904 3,659 21.05 12 3 1,799 100 1,745 1 1 0 0 0 0 4,375 98 3 1.916 154 2,204 13,249 73.56 84 3 6,080 383 6,699 4,762 26.44 23 7 2,327 147 2,258 0 0 0 0 0 0 3,745 86 3 1,626 134 1,896 14,886 80.33 95 5 6,817 452 7.517 3,646 19.67 19 5 1.792 104 1.,726 1 0 0 0 1 0 3.223 79 3 1,424 107 1.610 P. O. No. 5779 11/09/07 is ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS ~OF A SPECIAL ELECTION HELD IN THE CITY OF PORT ARTHUR ON TUESDAY, THE 6TH DAY OF NOVEMBER, 2007; A SPECIAL ELECTION FOR THE PURPOSE OF FILLING A VACANCY FROM COUNCIL DISTRICT 7 AND FOR THE PURPOSE OF SUBMITTING BOND PROPOSI'T'IONS TO THE VOTERS 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: n; mot,,.; .,t Mayor Prince Councilmember Jack Chatman 1 (serving out the remainder of the term of Councilmember Lewis, who resigned) Term Expiration of Term 3 years May 2010 3 year May 2008 Councilmember Cal Jones 2 (serving out the remainder of the term of Councilmember Barker, who resigned) Councilmember Henderson 3 Councilmember Flood 4 Councilmember Beard, Jr. 5 Councilmember Williamson 6 Vacant Position 7 Councilmember Sinegal 8 3 year May 2008 3 year May 2008 3 year May 2008 3 year May 2009 3 year May 2009 2 year May 2008 2 year May 2008 WHEREAS, on July 10, 2007, the City Council adopted Ordinance No. 07-44, which stated the following: (1) Councilmember Prince was elected to Position 7 in the May 2006 General Election. (2) Councilmember Prince ran. for the position of Mayor in the May 2007 General Election. z.po5779 1 (3) Councilmember Prince was elected to the position of Mayor in the June 30, 2007 runoff. (4) Pursuant to Section 201.025 and 201.026 of the Texas Election Code, the vacancy in Position 7 occurs on the date that Deloris "Bobb:ie" Prince qualified for the office of Mayor. (5) Ordered an election to be held on November 6, 2007 for the purpose of filling the vacancy in Position 7. and WHEREAS, on July 31, 2007, the City Council adopted Ordinance No. 07-49, which approved a Joint Election Agreement with Jefferson County for the Special Election to be held on November 6, 2007; and WHEREAS, on September 4, 2007, the City Council adopted Ordinance No. 07-61 pertaining to the conduct of the November 6, 2007 Special Election for the purpose of filling the Council vacancy in District 7; and WHEREAS, pursuant to Ordinance No. 07-61, the City Council approved a new Joint Election Agreement wherein the Jefferson County Clerk agreed to administeY~ the November 6, 2007 Election; and WHEREAS, on September 4, 2007, the City Council adopted Ordinance No. 07-60 wherein the City Council ordered a Special Election on November 6, 2007 foxy the purpose of submitting the following bond propositions to the voters: z.po5779 2 PROPOSITIOI~T NO. ONE SHALL THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, BE AUTHORIZED TO ISSUE AND ~~ELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $4,000,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPO~~E OF THE CONSTRUCTION, ACQUISITION AND IMPROVEMENT OF WATER FACILITIES, AND TO LEVY TAXES UPON ALL TAXABLE; PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY T:HE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? PROPOSITIO]~T NO. TWO SHALL THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, BE AUTHORIZED TO ISSUE AND ]ELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $3,000,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAb+I, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPO~~E OF THE CONSTRUCTION, ACQUISITION AND EQUIPMENT OF' PUBLIC SAFETY FACILITIES, INCLUDING THE FIRE STATION A'T HIGHWAY 73 AND 9TH AVENUE AND THE POLICE DEPARTMENT FACILITIES, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? PROPOSITION NO. THREE SHALL THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $2,000,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF THE CONSTRUCTION AND ACQUISITION OF DRAINAGE IMPROVEMENTS, AND TO LEVY TAXES z.po5779 3 UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTERES'T' ON THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? PROPOSITIONf NO. FOUR SHALL THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, BE AUTHORIZED TO ISSUE AND ~~ELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $3,000,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE CONSTRUCTION AND IMPROVEMENT OF THE CITY STREETS, SIDEWALKS AND RELATED DRAINAGE IMPROVEMENTS, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES A[~D TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE :BONDS AS IT MATURES? PROPOSITION NO. FIVE SHALL THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, BE AUTHORIZED TO ISSUE AND ~~ELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $3,000,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE CONSTRUCTION AND IMPROVEMENT OF THE CITY STREETS, SIDEWALKS AND RELATED DRAINAGE IMPROVEMENTS, INCLUDING IMPROVEMENTS AT THE PORT ARTHUR BUSINESS PARK, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? PROPOSITION NO. SIX SHALL THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, BE AUTHORIZED TO ISSUE AND :SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $2,000,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR z.po5779 4 RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAiiJ, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE ACQUISITION, RENOVATION, CONSTRUCTION AND EQUIPMENT OF ADDITIONS AND IMPROVEMENTS TO THE CITY PARKS AND RECREATIONAL FACILITIES, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? and WHEREAS, the approved ballot language was as follows: PROPOSITIO:[~T NO. ONE [ ] FOR ) THE ISSUANCE OF $4,000,000 BONDS FOR THE CONSTRUCTION, ACQUISITION [ ] AGAINST ) AND IMPROVEMENT OF WATER FACILITIES PROPOSITIO:NT NO. TWO [ ] FOR ) THE ISSUANCE OF $3,000,000 BONDS FOR THE CONSTRUCTION, ACQUISITION AND EQUIPMENT OF PUBLIC SAFETY FACILITIES, INCLUDING THE FIRE STATION [ ]AGAINST ) POLICE DEPARTMENT FACILITIES PROPOSITION NO. THREE [ ] FOR ) THE ISSUANCE OF $2,000,000 BONDS FOR THE CONSTRUCTION AND ACQUSITION [ ] AGAINST ) OF DRAINAGE IMPROVEMENTS PROPOSITIONf NO. FOUR [ ] FOR ) THE ISSUANCE OF $3,000,000 BONDS FOR THE CONSTRUCTION AND IMPROVEMENT } OF STREE'T'S, SIDEWALKS AND RELATED [ ] AGAINST ) DRAINAGE IMPROVEMENTS PROPOSITION NO. FIVE [ ] FOR ) THE ISSU:~NCE OF $3,000,000 BONDS FOR THE CONSTRUCTION AND IMPROVEMENT OF STREE'T'S, SIDEWALKS AND RELATED DRAINAGE IMPROVEMENTS AT THE z.po5779 5 [ ] AGAINST ) PORT ARTHUR BUSINESS PARK PROPOSITION NO. SIX [ ] FOR ) THE ISSU.?~NCE OF $2,000,000 BONDS FOR THE ACQUISITION, RENOVATION, CONSTRUC'T'ION AND IMPROVEMENT OF CITY ;PARKS AND RECREATIONAL [ ] AGAINST ) FACILITIES and WHEREAS, the City Council approved new polling locations, pursuant to Ordinance No. 07-73; ,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 Tue~;day, November 6, 2007, A.D., in the precincts into which the Cit,~ of Port Arthur is divided for voting purposes; and WHEREAS, said election was Y:~eld for the purpose of allowing the qualified voters to elect a C~~uncilmember from District 7 and for submitting bond propositions to the voters; and WHEREAS, Carolyn Guidry, County Clerk, conducted the election on November 6, 2007; and WHEREAS, the candidates for the Council positions were as follows: • For Councilmember :District 7: Willie "Bae" Lewis Dawana Kay Wise Morris Albright and z.po5779 6 WHEREAS, the returns of said election have been made by Carolyn Guidry and at least two (2) members of the City Council have examined said returns pursuant to Section 67.004 of the Election Code; and WHEREAS, for the purpose of canvassing the Election, two (2) members of the City Council can constitute a quorum pursuant to Section 67.004 of the Election Code. NOW THEREFORE, BE IT ORDAINEP~ BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. true and correct. Section 2. That the fact: and opinions in the preamble are That the returns of said Special Election, after being canvassed by at least two (2) members of the City Council pursuant to Section 67.004 Election Code, are found and declared to be true and correct. There were cast at said election for the respective candidates the number of votes as shown on the tabulated statements that are attached hereto and made part hereof as Exhibit "A" as follows: • Fnr CnvneilmemhPr 'I~i~trict. 7~ Willie "Bae" Lewis Votes Dawana Kay Wise Votes Morris Albright Votes Section 3. That, based on the representations of Carolyn Guidry, County Clerk, that she abided by the terms of the Joint z.po5779 7 Election Agreement and conducted the Special Election in accordance therewith, at least two (2) members of the City Council have determined that said Special Election was duly called, ordered, and held in accordance with the Laws of the State of Texas and the Charter of the City of Port Arthur and City Ordinances, and that the Order ordering the Special Election, and the returns thereof, have been made by the proper official:, and that the November 6, 2007 elections resulted in the election of the following: Councilmember District 7: Section 4 That, therefore, is hereby declared to be elected Councilmember from District 7. That the term for the Councilmember for District 7 shall commence on the date that is duly qualified, and shall expire in May 2008 or until his successor has been elected and duly qualified. Section 5. That City Council shall therefore be composed of the following members: District Expiration or Position Term of Term Mayor Prince 3 year May 2010 Councilmember Jack Chatman 1 3 year May 2008 Councilmember Cal Jones 2 3 year May 2008 Councilmember Henderson 3 3 year May 2008 Councilmember Flood 4 3 year May 2008 Councilmember Beard, Jr. 5 3 year May 2009 Councilmember Williamson 6 3 year May 2009 z.po5779 8 Councilmember 7 2 year* May 2008 Councilmember Sinegal 8 2 year May 2008 *The original two (2) year term commenced in May 2006 when Bobbie Prince was elected as a council member to Position 7. When Bok>bie Prince was elected Mayor of the City of Port Arthur in the June 30, 2007 runoff, Position 7 became vacant. Based on the results of the November 6, 2007 Special Election, was elected to serve out the unexpired term in Position 7. Section 6. That the retkzrns of said Special Election, after being canvassed by at lea;~t two (2) members of the City Council pursuant to Section 67.004 of the Election Code, are found and declared to be true and correct. There were cast at said election for the propositions as to bonds the number of votes as shown on the tabulated statements that are attached hereto and made part hereof as Exhibit "A" as fol:Lows: VOTES PROPOSITION NO. ONE FOR ) THE ISSU:~NCE OF $4,000,000 BONDS FOR THE CONSTRUCTION, ACQUISITION AGAINST ) AND IMPROVEMENT OF WATER FACILITIES PROPOSITION NO. TWO FOR ) THE ISSUANCE OF $3,000,000 BONDS FOR THE CONSTRUCTION, ACQUISITION AND EQUIPMENT OF PUBLIC SAFETY FACILITIES, INCLUDING THE FIRE STATION AGAINST ) AND THE ,POLICE DEPARTMENT FACILITIES PROPOSITION NO. THREE FOR ) THE ISSUANCE OF $2,000,000 BONDS FOR THE CONSTRUCTION AND ACQUSITION AGAINST ) OF DRAINAGE IMPROVEMENTS PROPOSITION NO. FOUR FOR ) THE ISSUANCE OF $3,000,000 BONDS FOR THE CONSTRUCTION AND IMPROVEMENT OF STREETS, SIDEWALKS AND RELATED AGAINST ) DRAINAGE IMPROVEMENTS z.po5779 9 PROPOSITION' NO. FIVE FOR ) THE ISSUAi~TCE OF $3,000,000 BONDS FOR THE CONSTRUCTION AND IMPROVEMENT OF STREE'CS, SIDEWALKS AND RELATED DRAINAGE IMPROVEMENTS AT THE AGAINST ) PORT ARTHUR BUSINESS PARK PROPOSITION) NO. SIX FOR ) THE ISSUANCE OF $2,000,000 BONDS FOR THE ACQUISITION, RENOVATION, CONSTRUCTION AND IMPROVEMENT OF CITY ]?ARKS AND RECREATIONAL AGAINST ) FACILITIES Section 7. That, therefore, Propositions No. One through Six were herein approved by the voters. Section 8. That the City Attorney shall send a copy of this Ordinance to the Justice Dep<~rtment as to notify them of the results of the November 6, 2007 E:ection. Section 9. 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 10. 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., 2007, at a Council Meeting of the City Council of the City of Port Arthur, Texas as defined by Section 67.004 of the Election Code, V.T.C.A., by the following votes: AYES: z.po5779 10 Mayor City Council NOES: ATTEST: DELORIS "BOBBIE" PRINCE, MAYOR EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FORM: MARK T. SOKOLOW, CITY ATTORNEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER z.po5779 11 EXHIBIT "A" WILL BE PRESENTED AT OR BEFORE THE MEETING