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HomeMy WebLinkAboutPO 6830: TO CONDUCT A SPECIAL ELECTION ON MAY 2, 2020 TO SUBMIT A PROPOSITION REGARDING THE SALE OF VARIOUS CITY PARKS P.O. No. 6830 02/07/2020 sb ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE CONDUCT OF A SPECIAL ELECTION ON MAY 2, 2020 TO SUBMIT A PROPOSITION REGARDING THE SALE OF VARIOUS CITY PARKS AND PROVIDING FOR PUBLICATION OF THE ELECTION NOTICE WHEREAS, the City Council desires to submit a proposition to the voters of the City of Port Arthur as to the sale of various park land that being Carver Terrace Park, Civic Park, Felix & Milton Barker Park, Hughen Park, Immigrant Park, and Montgomery Park, to be sold according to the specific requirements of the City Charter, Texas Local Government Code, Texas Parks and Wildlife Code, as described in Exhibit "A-1" to the Order attached hereto as Exhibit "A"; and WHEREAS, pursuant to Texas Local Government Code Section 253.001(b) land owned, held, or claimed as a park may not be sold unless the issue of the sale is submitted to the qualified voters of the municipality at an election and is approved by a majority of the votes received at the election; and WHEREAS, pursuant to Texas Local Government Code Section 253.001 (d) the proceeds of the sale may be used only to acquire and improve property for the purposes for which the sold property was used; and WHEREAS, pursuant to Article XIV, Section 7 of the City Charter, the following proposition is being presented to the voters as to the sale of the following park lands, Carver Terrace Park, Civic Park, Felix & Milton Barker Park, Hughen Park, Immigrant Park, and Montgomery Park; and WHEREAS, the City has obtained certified appraisals for each of these parks in order to obtain fair market value for said sale; and WHEREAS, pursuant to Texas Parks and Wildlife Code Section 26, a public hearing is also required; and s. 6827 WHEREAS, pursuant to Section 3.004 and Section 41.001 of the Texas Election Code, the City Council will order a Special Election to be held on the first Saturday in May 2020, the same being May 2, 2020, between the hours of 7:00 a.m. and 7:00 p.m. for the purpose of submitting a Proposition, said Order being attached hereto as Exhibit "A". 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 Special Election is hereby ordered to be held on May 2, 2020, to submit propositions as to the sale of various park land being Carver Terrace Park, Civic Park, Felix & Milton Barker Park, Hughen Park, Immigrant Park, and Montgomery Park, at their appraised value. A copy of said Order and Notice of Election is attached hereto as Exhibit"A", with the proposition being attached in substantially the same form as Exhibit"A-1"thereto, and the polling locations being attached as Exhibit "A-2" thereto. Section 3. That the City Council will take due consideration as to the proposed cost and impact of the project or category of projects as delineated in the proposition and will take due consideration of the comments of the citizens at the March _, 2020 public hearing at a.m. or p.m. Section 4. That the City Secretary shall post notices of the date, time, place, and subject of the Public Hearing in the official newspaper of the City on February , 2020, March , 2020, March 2020 and on March , 2020, and otherwise as required by law. Section 5. That one (1) voting place shall be provided, (as shown in Exhibit "A-2" 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 6. 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. s. 6827 2 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, which has been 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 Cod Sec 123.005. Section 9. That the Robert A. "Bob"Bowers Civic Center at 3401 Cultural Center Drive is hereby designated as the "Central 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 (May 6, 2020) which is within eleven (11) days following election day (May 2, 2020) and officially canvass the returns and declare the results of said Election. Section 11. 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, ballots, and other written materials and information relating to the electoral process, for which presentation and assistance is required. Section 12. 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 forth 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 and with such compensation as to be set by the City Council S. 6827 3 • 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 includes 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 Section 87.027 of the Texas Election Code Section 13. That In addition to the election officers to be designated and appointed, a registered voter of Jefferson County who reads and speaks the Spanish language fluently, as well as a registered voter in Jefferson County who reads and speaks 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 an interpreter he/she 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 14. That the Judges and the Alternate Judges shall be paid the sum of eleven ($16.00) dollars per hour and the Election Clerks shall be paid the sum of nine ($14.00) dollars per hour, subject to the limitations of Sections 32.091 through 32.094 of the Texas Election Code. The Judge who delivers s. 6827 4 the returns of the Election shall be further paid the amount of twenty-five ($25.00) dollars for that service. Section 15. 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 16. 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 17. That the Notice of Election shall include the location of each polling place and shall comply with Exhibit "A" and "A2" attached and made part hereof. Section 18. That this Ordinance shall be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of February, A.D., 2020, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: . THURMAN BARTIE, MAYOR S. 6827 5 ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: VALECIA TIZENO, CITY ATTORNEY APPROVED FOR ADMINISTRATION: RONALD BURTON, CITY MANAGER S. 6827 6 EXHIBIT "A" S. 6827 7 Exhibit"A" ORDER AND NOTICE OF A GENERAL/JOINT ELECTION, A SPECIAL ELECTION TO SUBMIT A PROPOSITION PERTAINING TO THE ADOPTION OF A SALES AND USE TAX FOR PROJECTS RELATED TO RECREATIONAL OR COMMUNITY FACILITIES, INCLUDING MAINTENANCE AND OPERATING COSTS, AS AUTHORIZED PURSUANT TO SECTION 505.152 OF THE TEXAS LOCAL GOVERNMENT, A SPECIAL ELECTION TO SUBMIT PROPOSITIONS AS TO WHETHER OR NOT THE CITY CHARTER SHALL BE AMENDED, AND A SPECIAL ELECTION TO SUBMIT A PROPOSITION AS TO THE SALE OF PARK LAND 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 with the Port Arthur Independent School District, the Sabine Pass Independent School District and the Sabine Pass Port Authority, a Special Election to submit a proposition to adopt a sales and use tax for projects related to recreational or community facilities, including maintenance and operating costs, as authorized pursuant to sections 504.152 and 505.152 of the Texas Local Government Code, a Special Election to submit propositions as to whether or not the city charter shall be amended, and a Special Election to submit a proposition as to the sale of park land on Saturday May 2, 2020 between the hours 7:00 a.m. and 7:00 p.m. I, Thurman Bartle, Mayor of the City of Port Arthur, Texas, as authorized by the City Council, do hereby Order and give Notice of a General &Special Election to be held in the City of Port Arthur,Texas, on Saturday, May 2, 2020, between the hours of 7:00 a.m. and 7:00 p.m., for the purpose of electing Councilmembers for Districts 1, 2, 3, 4 and Positions 7 and 8. The term of office for Districts 1, 2, 3, 4 and Positions 7 and 8 shall be for a period 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 January 15, 2020 through February 14, 2020 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" and "A-2". 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 20, 2020 and ending on April 28, 2020: City Hall, 444 Fourth Street Port Arthur Public Library, 4615 Ninth Avenue Early voting by personal appearance will be conducted on Thursday, April 23, 2020, and on Tuesday, April 28, 2020, 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. 6827 8 Exhibit"A" Page 2 ORDER AND NOTICE OF GENERAL ELECTION TO BE HELD MAY 2, 2020 Please contact the City Secretary's Office at (409) 983-8115 for an Application for a Ballot by Mail or submit your request by e-mail at mailballotapplications©portarthurtx.gov. 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 delivered by the voter in person must be received no later than 5:00 p.m. on Friday, April 17, 2020. Applications for Mail Ballots by mail must be received no later than the close of business on Monday, April 20, 2020. Issued this day of , 2020. Thurman Bartle, Mayor City of Port Arthur s. 6827 9 EXHIBIT "A- 1" OPTION 1 Proposition: Shall the City Council be authorized to sell a fee title or interest in land that the municipality owns, holds, or claims as a public park for fair market value based upon a certified appraisal, to-wit: Carver Terrace Park, Civic Park, Felix & Milton Barker Park, Hughen Park, Immigrant Park, and Montgomery Park. s. 6827 10 EXHIBIT "A- 1" OPTION 2 Proposition Shall the City Council be authorized to sell a fee title or interest in land that the municipality owns, holds, or claims as a public park for fair market value based upon a certified appraisal, to-wit: Carver Terrace Park Proposition Shall the City Council be authorized to sell a fee title or interest in land that the municipality owns, holds, or claims as a public park for fair market value based upon a certified appraisal, to-wit: Civic Park Proposition Shall the City Council be authorized to sell a fee title or interest in land that the municipality owns, holds, or claims as a public park for fair market value based upon a certified appraisal, to-wit: Felix & Milton Barker Park Proposition .• Shall the City Council be authorized to sell a fee title or interest in land that the municipality owns, holds, or claims as a public park for fair market value based upon a certified appraisal, to-wit: Hughen Park Proposition Shall the City Council be authorized to sell a fee title or interest in land that the municipality owns, holds, or claims as a public park for fair market value based upon a certified appraisal, to-wit: Immigrant Park Proposition Shall the City Council be authorized to sell a fee title or interest in land that the municipality owns, holds, or claims as a public park for fair market value based upon a certified appraisal, to-wit: Montgomery Park s. 6827 11 EXHIBIT "A-2" s. 6827 12 EXHIBIT"A-2" ELECTION PRECINCTS: POLLING PLACES: R. L. ELDRIDGE COMMUNITY CENTER 5262 S. Gulfway Drive (Sabine Pass) (All or a portion of Jefferson County Election Precinct 32) Lakeside Palomar Community Center (Formerly known as Stephen F. Austin) 5700 Cambridge St (All or a portion of Jefferson County Election Precincts 33 & 34) TYRRELL ELEMENTARY 4401 Ferndale (All or a portion of Jefferson County Election Precincts 42, 43, 44, 47, 48, 49, 60, 61, 71, 76, 93 And 102) PORT ARTHUR PUBLIC LIBRARY 4615 Ninth Avenue (All or a portion of Jefferson County Election Precincts 45, 46, 70, 81, 82, 95, 96, 98, & 105) PORT ARTHUR CITY HALL 444 Fourth Street (All or a portion of Jefferson County Election Precinct 50, 51, 52, 53, 54 & 55) 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) S. 6827 13