HomeMy WebLinkAboutPO 5836: MAY 10, 2008 GENERAL ELECTIONinteroffice
MEMORANDUM
Tb: Mayor,, City Council, and City Manager -
From: Mark T. Sokolow, City Attorney nu/! ~i~-Cc--%
Date: January 24, 2008
Subject: P. O. No. 5836 - January 15, 2008 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.
This was originally scheduled for the January 15, 2008
Council Meeting, but was not adopted due to a loss of quorum at
the time it was being discussed. Councilmember Lewis made a
motion, as to rescinding the Justice. Department's "NO Objection"
letter, which was seconded and discussed, but not-acted on.
Councilmember Lewis has contacted this office to prepare a
separate .Resolution as it pertains to requesting the Justice
Department to rescind its "No Objection" letter. It would
therefore probably be best for a Councilmember to adopt P. O.
5836 "as is" and as it is contained in this packet. Also, the
Acting City Secretary is requesting changes in polling locations
as to save costs and will present alternative election orders.
If. the City Council adopts an alternative election order, a
Justice Department Submission will need to be made as it pertains.
to the alternative voting locations.
MTS:gt
Attachment
cc: Acting City Secretary
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P.O. No. 5836
01/11/OS MTS
ORDINANCE N0.
AN ORDINANCE PROVIDING FOR THE CONDUCT OF 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 AND
PROVIDING FOR A JOINT ELECTION 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, 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
Mayor Prince 3 years May 2010
Councilmember Chatman 1 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.)
~uncilmember Flood 4 3 years May 2008
~uncilmember Beard 5' 3 years May 2009
~uncilmember Williamson 6 3 years May 2009
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Councilmember Lewis 7 2 years May 2.008
(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, 2006 by 2179 votes for (63.530) 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 follows:
PROPOSITION N0. THREE:
Sha11 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".
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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 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.
ection 4. That one (1) voting place shall be provided,
(as shown in Exhibit "A-T" 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..
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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 Hall, 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
r
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 (21) 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
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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.
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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
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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 Clerks .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.
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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 (30`h) 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 replacement 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.
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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 ,
NOES:
DELORIS PRINCE, MAYOR
ATTEST:
ACTING CITY SECRETARY
APPROVED AS TO FORM:
/ ~ ~G ~v-~
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
STEVE FITZGIBBONS, CITY MANAGER
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EXHIBIT."A"
TO THE ORDINANCE
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ORDER AND NOTICE
OF A GENERAL ELECTION
IN THE CITY OF PORT ARTHUR, TEXAS
Exhibit "A"
I, Deloris "Bobbie' Prince, 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 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 for three (3) years and 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 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 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 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. at the following location:
Saint Joseph's Hail, 800 Ninth Avenue
Early voting by personal appearance vdill be conducted on Sunday, May 3, 2008, between the hours of 1:00
p. m. and 4:00 p.m. at the 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 conducted 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 Part Arthur
EXHIBIT "A-1"
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EXHIBIT "A•1"
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 ora 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
9re 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 •61n Street.
4401 Ferndale
4801 Ninth Avenue
3939 Delaware
3501 12,H Street
710 DeQueen Boulevard
444 Fourth Street
1023 Abe Lincoln
2500 Taft Avenue
EXHIBIT "B"
TO THE ORDINANCE.
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Exhibit "B"
JOINT ELECTION AGREEMENT
This agreement is made this
day of
2008, by and
between the City of Port Arthur andthe 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
s'
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 proposiEions
available for qualified voters of each political subdivision.
Joint Election Agreement
2. That there shall be one set of voting equipment to be used of 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
ba I lot.
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/offcials 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 and
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 (Sabihe 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.
il. The fnancial 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 ~ q
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
AGREED TO:
PORT ARTHUR INDEPENDENT SCHOOL DISTRICT
Port Arthur Independent School District Superintendent .,
Joint Election Aereemene
AGREED TO:
SABINE PASS INDEPENDENT SCHOOL DISTRICT
Sabine Pass Independent School District Superintendent
Joint ElectionAgreement
AGREED TO:
PORT OF PORT ARTHUR NAVIGATION DISTRICT
Port of Port Arthur Navigation District President
Joint Election Agreement
AGREED T0:
SABINE PASS PORT AUTHORITY
Sabine Pass.Port Authority President
Joint Election Agreement