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HomeMy WebLinkAboutPO 5836: MAY 10, 2008 GENERAL ELECTIONinteroffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney /t'Go.,ij ~/fv~-- Date: January 11, 2008 Subject: P. O. No. 5836 - January 15, 2'008 Council Meeting Attached is P. O. No. 5836 calling for the May 10, 2008 General_Election-for the purpose of electing Councilmembers for Districts 1, 2, 3 and 4, as well as for Positions 7 and 8. MTS:gt Attachment z.po5636. memo P.O. No. 5836 O1/11/OS MTS ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE CONDIICT OF THE. MAY 10, 2008 GENERAL ELECTION FOR THE PIIRPOSE OF ELECTING COIINCILMEMBERS FOR DISTRICTS 1, 2, 3 AND 4, AS WELL AS FOR POSITIONS 7 AND 8 AND PROVIDING FOR A JOINT ELECTION WITH THE PORT ARTHIIR INDEPENDENT SCHOOL DISTRICT, THE SABINE PASS INDEPENDENT SCHOOL DISTRICT, THE PORT OF PORT ARTHIIR NAVIGATION DISTRICT"AND THE SABINE PASS PORT AIITHORITY, IN ACCORDANCE WITH CHAPTER 271 OF THE TE%AS BLECTION CODS, AND PROVIDING FOR THE PIIBLICATION 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 Mayor Prince Councilmember Chatman 1 3 years May 2010 3 years May 2008 (Serving out the unexpired term of Councilmember Lewis who automatically resigned when he announced his candidacy and then ran for Mayor in May 2007) Councilmember Jones 2 3 years May 2008 (Serving out the unexpired term of Councilmember Barker who automatically resigned when he announced his candidacy and. then ran for the position of Mayor in May 2007) Councilmember Henderson 3 3 years May 2008 (Has served three terms in Position 3 and has reached term limits for this office.) Councilmember Flood 4 3 years May 2008 Counoilmember Beard 5 3 years May 2009 Councilmember Williamson 6 3 years May 2009 z.po5836 Couacilmember Lewis 7 2 years May 2008 (Elected as a result of the November 6, 2007 Special Election.. He is serving out the unexpired term of Mayor Prince who was elected to Position 7 in May 2006. Councilmember Sinegal 8 2 years May 2008 WHEREAS, the terms for 'Districts 1, .2, 3 and 4, as well as for Positions 7 and 8 will expire in May 2008; and WHEREAS, pursuant to the passage of Proposition No. Three at a Special Election on May 13, 2.006 by 2179 votes for (63..53%) .to 1,251 (36.47°s) against, the terms for Council Positions 7 and 8 will now be three. years. and they will be elected by a majority vote as follo"ws: PROPOSITION NO. THREE: Shall Section lA of Article II of the City'Charter be amended as follows:' "Section lA. Council Positions 7 and 8 _ Until May 2008, Council Positions 7 and 8 shall have two (2) year terms. The elections of Council Positions 7 and 8 shall be in the year 2008 and thereafter by a majority vote, and they shall have three (3) year terms. This provision supersedes any conflicting portion of the City Charter in relation to the election of Council Positions 7 and 8." WHEREAS, pursuant to Section 3.004 and Section 41.001 of the Texas Election Code, the City Council shall order a General Election for the Council positions to be held in the City of Port Arthur on the second Saturday in May, 2008, the.same being May 10, 2008, between the hours of 7:00 a.m. and. 7:00 p:m., for the purpose of electing Councilmembers for Districts 1, 2, 3 and 4, as well as for Positions 7 and 8, said Order-being attached as.Exhibit "A". z:po5836: NOW THERSFORE, BE IT ORDAINED BY THS CITY COIINCIL OF THE CITY OF PORT ARTHDIt, TEAS 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 10, 2008, for the purpose of electing Councilmembers for Districts 1, 2, 3 and 4, as-well as for 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 vacant 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 election 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 person elected as for each Council position shall be for a period of three (3) years and until his/her respective successor shall have been. elected and duly qualified. z.po5836 - 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 City Ha11, 444 Fourth Street, is hereby designated as the "Counting Station" to receive and tabulate voted ballots Section 9. That pursuant to Section 67.003 of the Texas Election Code, the City Council of the City of Port Arthur shall. meet on May 20, 2008, which is within eleven,(11) days following election day (May 10, 2008) and officially canvass the returns and declare the results of said Election. The respective candidates in Districts 1, 2, 3 and 4, as well as Positions 7 and 8 receiving a majority of the votes cast at said election 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 June 21, 2008, 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 Council Districts 1, 2, 3 and 4, as well as for Positions 7 and 8. Section 10. That each candidate for an office for which this election is to be held must be at least twenty-one (2,1) 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 z.po5836 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 11. 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 9, 2008 and not earlier than 5 p.m., March 10, 2008, 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 12. 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 13. That the Mayor is herein authorized to appoint a Manager of the Counting Station and said manager's duties shall be as set forth in Section 127.002 of the Texas Election Code. Section 14. That the Mayor is herein authorized to appoint Tabulation Supervisors of the Counting Station and said Supervisor's duties are set forth. in Section 127.003 of the Texas, Election Code. z.pa5836 Section 15. That Harold Joseph, a qualified voter of the City of Port Arthur, Texas, .is hereby appointed as Presiding Judge of the Counting Station, and said Judge's duties and compensation are set forth in Section 127.005 of the Texas Election Code. Section 16. That the conduct of such election shall be in accordance with the requirements of the Voting Rights Act, the Federal Help America Vote Act (HAVA) and the rules of the Department of Justice,' including provisions for bilingual assistance, notices, instructions, ballots, and other written materials and information relating to the electoral process, for. which presentation and. assistance is required. In addition to the election officers to be designated and appointed, Fernando Ramirez, a qualified resident/voter of the City of Port Arthur, who reads and speaks the Spanish language fluently, as well as Khoi Tran, a qualified resident/voter of the City of Port Arthur, 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 $8.00 per hour. Translators of election documents shall be paid the sum of $25.00 per hour, subject to the limitations of the Texas Election Code. Section 17. That in accordance with Chapter 32 of the Election Code, and Article III, Section 4 of the City Charter, the z.po5836 City Council hereinafter shall appoint a Presiding Judge and an Alternate•Presiding Judge and Clerks for each polling place. Section 18. That the Judges and Clerks shall be paid the sum of eight ($8.00) 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 19. 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 20. That an Early Voting Ballot Board, consisting of the Presiding Judge and Clerk's from Precinct No.'s 44, 47, 93 and 102, and any other election precincts deemed necessary, be established to process early voting results, mail ballots and provisional ballots from the Voter Registrar. Section 21. That this General City election shall be held .jointly with the Port Arthur Independent School District, the Sabine Pass Independent School District, the Port of Port Arthur Navigation 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. z.po5836 Section 22. 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. The Notice of Election shall include the location of each polling place and shall comply with Exhibit "A" attached and made part hereof. That the City of Port Arthur is using the same election day locations as was done in the May 13, 2006 General Election with the exception that Woodrow Wilson Middle School will not be used because it is closed, and that the City Hall will be used as the replacemeht therefor. Section 23. That the City Attorney shall prepare and file the necessary submission to the Justice Department as required under Section 5 of the Voting Rights Act. Section 24. That this Ordinance shall take effect immediately from and after its passage. Section 25. That a copy of this Ordinance shall be spread upon the Minutes of the City Council. z.po5836 ~' READ, ADOPTED AND APPROVED on this day of A.D., 2008, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following-vote: AYES: Mayor Councilmembers ; t ; NOES: DELORIS PRINCE, MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER z.po5836 EXHIBIT "A" TO THE ORDINANCE z.po6836 ORDER AND NOTICE OF A GENERAL ELECTION IN THE CITY OF PORT ARTHUR, TEXAS Exhibit "A" I, Deloris "Bobbie" Prince, Mayor bf 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 10, 2008, between the hours of 7:00 a.m. and 7:00 p.m., for the purpose of electing Councilmembers for Districts 1; 2, 3 and 4 as well as for Positions 7 and 8. The term of office for the Councilmembers will be far three (3) years and until hismer 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 on February 9, 2008 through March 10, 2008. 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 palling place is shown orr Exhibit "A-1". Eady 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 28, 2008 and ending on May 6, 2008: City Hall, 444 Fourth Street Port Arthur Public Library, 4615 Ninth Avenue Fire Station No. One , 1215 Woodworth H.O.P.E. Building, 701 Rev. Dr. Ransom Howard Street Fire Station No. Three, 2232 Canal Sabine Pass Fire Station No. Four, 5030 S. Gulfway Drive Early voting by personal appearance will be conducted on Sunday, May 3, 2008 between the hours of 8:00 a.m. and 1:00 p.m. atthe following location: Saint Joseph's Hall, 800 Ninth Avenue Early voting by personal appearance will be conducted on Sunday, May 3, 2008, between the hours of 1:00 p.m. and 4:00 p.m. atthe following locations: City Hall, 444 Fourth Street Port Arthur Public Library, 4615 Ninth Avenue Fire Station No. One, 1215 Woodworth H.O.P.E Building, 701 Rev. Dr. Ransom Howard Street Fire Station No. Three, 2232 Canal Early voting by personal appearance will be wnducted on Friday, May 2, 2008, and on Tuesday, May 6, 2008, between the hours of 8:00 a.m. and 8:00 p.m. at the following location of the main early voting polling place: City Hall, 444 Fourth Street Applications for ballot by mail shall be mailed to: City Secretary of the City of Port Arthur or 444 Fourth Street Port Arthur, Texas 77640 City Secretary of the City of Port Arthur P. 0. Box 1089 Port Arthur, Texas 77641-1089 Applications for mail ballots must be received no later than the close of business on Friday, May 2, 2008. Issued this 15"' day of January, 2008. Deloris "Bobbie" Prince, Mayor .City of Port Arthur EXHIBIT "A-1" z.po5836 EXHIBIT "A•t" CITY ELECTION PRECINCTS: POLLING PLACES: SABINE PASS FIRE STATION N0.4 (All or a portion of Jefferson County Election Precinct 32) STEPHEN F. AUSTIN SCHOOL (All or a portion of Jefferson County Election Precincts 33, 34, 106, 111, 112, 113, 114, 115) TYRRELL ELEMENTARY (All or a portion of Jefferson County Election Precincts 44, 47, 93, 102) STILWELL TECHNICAL CENTER (All or a portion of Jefferson County Election Precincts 45, 46, 70, 82, 95, 96, 98, 109) ROBERT E. LEE ELEMENTARY SCHOOL (All or a portion of Jefferson County Election Precincts 48, 49 & 76) THOMAS EDISON MIDDLE SCHOOL (All or a portion of Jefferson County Election Precincts 50 & 51) DEQUEEN ELEMENTARY SCHOOL (All or a portion of Jefferson County Election Precincts 52 & 53) PORT ARTHUR CITY HALL (All or a portion of Jefferson County Election Precinct 54, 55, 57 & 81) MEMORIAL HIGH SCHOOL 9TH GRADE CENTER (FORMERLY LINCOLN HIGH SCHOOL) (All or a portion of Jefferson County Election Precincts 58, 59 & 94) TAFT ELEMENTARY SCHOOL (All or a portion of Jefferson County Election Precinct 71 and a portion of Orange County Election Precinct 28) 5030 S. Gulfway Drive 2441 - 61 n Street 4401 Ferndale 4801 Ninth Avenue 3939 Delaware 3501 12TH Street 710 DeQueen Boulevard 444 Fourth Street 1023 Abe Lincoln 2500 Taft Avenue EXHIBIT "B" TO THE ORDINANCE z.pa5836 Exhibit "B" JOINT ELECTION AGREEMENT This agreement is made this day of 2008, by and between the City of Port Arthur and the Port Arthur Independent.School District, the Sabine Pass Independent School District, the Port of Port Arthur Navigation District and the Sabine Pass Port Authority. WHEREAS, the City of Port Arthur will conduct a general municipal election, the Port Arthur Independent School District and Sabine Pass Independent School District will conduct a general school board election, and the Port of Port Arthur Navigation District and Sabine Pass Port Authority will conduct a general port commissioner election, respectively, on Saturday, May 10, 2008. WHEREAS, Section 271.002 (c) of the Texas Election Code authorizes more than one political subdivision to enter into an agreement to hold elections jointly; and WHEREAS, the City of Port Arthur, Port Arthur Independent School District, Sabine Pass Independent School District, Port of Port Arthur Navigation District and Sabine Pass Port Authority will hold elections on the same day; and WHEREAS, the parties to this agreement desire that a joint election be held that is 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, Port Arthur Independent School District, Sabine Pass Independent School District, Port of Port Arthur Navigation District and Sabine Pass Port Authority under the following terms and conditions, and the parties hereto agree with said conditions: 1. That there shall be one ballot that contains all appropriate races and propositions available for qualified voters of each political subdivision. Joint Election Agreement 2. That there shall be one set of voting equipment to be used at the common polling places. 3. 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. 4. That the City of Port Arthur will be responsible for the Spanish translation of the ballot. 5. That the implementation, conduct and management of said election shall be by the City Secretary of the City of Port Arthur as delineated in Port Arthur City Ordinance No. and as further amended by the Port Arthur City Council 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 and Early Voting. Clerk for each political subdivision for the election to be held on May 10, 2008. The implementation, conduct and. management of the election shall include, but not be limited to: A. The securing and placement of qualified individuals to serve as election judges, alternate judges and clerks for each polling place during Early Voting and Election Day. B. The securing of locations and facilities, where the election is to be conducted. C. The securing and distribution of the election materials and supplies requisite to the proper administration of the elections. D. The securing of election equipment, ballots and tabulations. joint Election Agreement 2 E. The conduct of joint early voting'by personal appearance and by mail. 6. The amount to be reimbursed by the Port Arthur Independent School District and the Port of Port Arthur Navigation District to the City of Port Arthur for services rendered in the May 10, 2008 elections are as follows: A. The City of Port Arthur will first fund all costs in full, with the exception of publications of orders/notices and other expenses related to the entity's required Spanish and optional Vietnamese translations and compliance of the political subdivision with State Election Code pertaining only to school/water districts. B. The Port Arthur Independent School District -and the Port of Port Arthur Navigation District will individually reimburse the City of Port Arthur for certain costs as follows: • 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, with the exception of costs for Precinct Number 32 (Sabine Pass), shall. be equally divided between the participating political subdivisions. C. 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: Joint Election Agreement 3 • The costs of compensation for Early Voting/Election Day personnel/officials required for election preparation, election training and the performance of their duties during the Early Voting period arid on Election Day for Precinct Number 32. • The costs of programming, voting equipment rentals, election supplies, election worker training session, Early Voting Ballot Board, Counting Station and the Counting. Station Manager and Tabulation Supervisors for Precinct Number 32 (Sabine Pass) shall be equally divided between the Sabine Pass Independent School District/Sabine Pass Port Authority. 7. Each political subdivision shall be responsible for any necessary submissions to the U.S. Department of Justice for preclearance under the Federal Voting Rights Acts. 8. Each political subdivision shall canvass its own returns. 9. Each political subdivision shall provide the City,of Port Arthur maps showing their boundaries. 10. 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. ii. 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. 12. That the undersigned. are- the duly authorized representatives of the parties' governing bodies, and their signatures represent adoption and acceptance of the terms and conditions of this agreement. joint Election Agreement 4 APPROVED AND AGREED this day. of 2008. CITY OF PORT ARTHUR Mayor Deloris "Bobbie" Prince APPROVED AS TO FORM: City Attorney -Mark T. Sokolow ATTEST: Acting City Secretary Terri Hanks Joint Election Agreement - 5 AGREED TO: PORT ARTHUR INDEPENDENT SCHOOL DISTRICT Port Arthur Independent School District Superintendent Joint Election Ageement AGREED TO: SABINE PASS INDEPENDENT SCHOOL DISTRICT Sabine Pass Independent School District Superintendent Joint Election Agreement AGREED TO: PORT OF PORT ARTHUR NAVIGATION DISTRICT Port of Port Arthur Navigation District President Joint EI'ection Agreement AGREED TO: SABINE PASS PORT AUTHORITY ' Sabine Pass Port Authority President. . . Join[ Election Agreement 9 '