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HomeMy WebLinkAboutPO 6835: AMENDING ORDINANCE NO. 20-10 TO CANCEL JOINT ELECTION WITH SABINE PASS INDEPENDENT SCHOOL AND SABINE PASS PORT AUTHORITY, MAY 2, 2020 P.O. No. 6835 02/19/2020 sb ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 20-10 FOR THE PURPOSE OF CANCELLING THE CONDUCT OF A JOINT ELECTION WITH THE SABINE PASS INDEPENDENT SCHOOL DISTRICT AND THE SABINE PASS PORT AUTHORITY; PROVIDING FOR THE CONDUCT OF A GENERAL ELECTION ON MAY 2, 2020, FOR THE PURPOSE OF ELECTING SIX (6) COUNCILMEMBERS, IN THE CITY OF PORT ARTHUR, TEXAS, 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 Thurman Bartle Mayor 3 year May 2022 Councilmembers: Raymond Scott, Jr. 1 3 year May 2020 Cal Jones 2 3 year May 2020 Thomas Kinlaw 3 3 year May 2020 Harold Doucet, Sr. 4 3 year May 2020 Charlotte M. Moses 7 3 year May 2020 Kaprina Frank 8 3 year May 2020 WHEREAS, the term for Councilmembers of Districts 1, 2, 3, 4 and Positions 7 and 8 will expire May 2020; 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 Council positions to be held in the City of Port Arthur on the first Saturday in May of 2020, the same being 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, said Order being attached as Exhibit "A". s.po 6835 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 2, 2020 for the purpose of electing Councilmembers for Districts 1, 2, 3, 4 and Positions 7 and 8. A copy of said Order and Notice of Election is attached hereto as Exhibit "A". Section 3. That Ordinance No. 20-10 is herein amended as to cancel the Joint Election with the Sabine Pass Independent School District and the Sabine Pass Port Authority, as evidenced in the submitted documents attached hereto as Exhibit "B". Section 4. That the Order and Notice of Election be amended to include the calling of all Special Elections as set forth in Exhibit "A". Section 5. 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 expiring Council position. Section 6. 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 7. That all persons are qualified to vote at said elections who are qualified voters under the Constitution and Laws of the State of Texas and the City Charter. Section 8. That the term of office of the persons elected as Councilmembers shall be for a period of three (3) years and until his/her respective successor shall have been elected and duly qualified. Section 9. 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-1"attached hereto; and shall be under the control and supervision of the City s.po 6835 Page 2 Secretary. This includes the usage of electronic voting equipment certified by the Secretary of State. Section 10. 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. Section 11. 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 12. That pursuant to Section 67.003 of the Texas Election Code, the City Council of the City of Port Arthur shall meet on May 13, 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. The respective candidate receiving a majority of the votes cast at said election for Districts 1, 2, 3, 4 and Positions 7 and 8 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 20, 2020, after the final canvass is completed in the event that a candidate does not receive the majority of votes cast in the General Election. Section 13. 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 14. 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 14, 2020 and not earlier than January 15, 2020, 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, s.po 6835 Page 3 Chapter 573 Government Code, V.T.C.A., as required by Election Code Section 141.031. Section 15. 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 16. 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 17. 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. • 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 mail ballots and provisional ballots from the Voter Registrar and with such compensation as to be set by the City s.po 6835 Page 4 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 18. 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 19.That the Judges and the Alternate Judges shall be paid the sum of sixteen ($16.00) dollars per hour and the Election Clerks shall be paid the sum of fourteen ($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 the returns of the Election shall be further paid the amount of twenty-five ($25.00) dollars for that service. Section 20. 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.po 6835 Page 5 Section 21. That this General City election shall be held jointly with the Port Arthur Independent School District, in accordance with Chapter 271 of the Texas Election Code. 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. Section 23. That the Notice of Election shall include the location of each polling place and shall comply with Exhibit "A" and "A-2" attached and made part hereof. 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. READ, ADOPTED AND APPROVED on this day of , 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: . s.po 6835 Page 6 THURMAN BARTIE, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: VALECIA TIZENO, CITY ATTORNEY APPROVED FOR ADMINISTRATION: RONALD BURTON, CITY MANAGER s.po 6835 Page 7 EXHIBIT "A" s.po 6835 Page 8 Exhibit "A" ORDER AND NOTICE OF A GENERAL/JOINT AND SPECIAL ELECTIONS 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 and Special Elections for the purpose of electing Councilmembers for Districts 1, 2, 3, 4 and Positions 7 and 8 in conjunction with the Port Arthur Independent School District, a Special Election pertaining to the adoption of a sales and use tax for projects related to recreational or community facilities, as authorized pursuant to Sections 505.152 of the Texas Local Government Code, a Special Election to submit propositions regarding proposed amendments to the City Charter and a Special Election to submit a proposition as to the sale of park in the City of Port Arthur 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/Joint Election & Special Elections 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 Extended hours 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.po 6835 Page 9 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 Bartie, Mayor City of Port Arthur s.po 6835 Page 10 EXHIBIT "A- 1" s.po 6835 Page 11 EXHIBIT "A-1" Proposition 1: "Shall Article II, Section 1 of the Charter be amended, deleting Section 1A to read as follows? Number and Selection: The City Council shall be composed of a Mayor and Six (6) Councilmembers. The Mayor and two Councilmembers shall be elected at-large by a majority vote of the qualified voters of the City and may reside in any District. Four (4) councilmembers shall be elected by districts, designated as 1, 2, 3, and 4; shall be elected by a majority vote of the qualified voters of each respective district; and shall reside in the respective district to which they are elected. Beginning May 2023, the two (2) at-large councilmember positions shall be respectively designated as At-Large Position 5 and At- Large Position 6. All references in the Charter to Council Positions 7 and 8 are hereby replaced with At Large Position 5 and Large Position 6, respectively. Term of Office: The Mayor and all City Councilmembers shall serve for a three (3) year term, from the first meeting of the Council following his election, and until his successor has been elected and duly qualified. Neither the Mayor nor any Councilmember shall serve more than two (2) consecutive three (3) year terms in the same office. Limited Purpose Staggering Process: Beginning May 2023, there will be a limited purpose term of office applied to At-Large Position 5 and At-Large Position 6. The purpose is to provide for staggered terms of office, so that the election of the Mayor, the Councilmembers representing each of the four districts, and the two At-Large Councilmember positions will take place in different years. The Mayor and Councilmembers representing Districts 1 through 4 shall continue to be elected to a three-year term. At the May 2023 election, At-Large Position 5 and At-Large Position 6 shall be elected to a four- year term. At the conclusion of that term, in May 2027, the two At-Large positions shall resume to be elected to a three-year term in the same manner as the Mayor and the Councilmembers for Districts 1 through 4. Application of the Limited Purpose Staggering Process to the treatment of consecutive At-Large terms in 2023: Those newly elected to the two At-Large positions in the May 2023 election, shall be eligible to serve two consecutive terms, being a four-year term beginning May 2023 and three-year term beginning May 2027. In the event a candidate is elected to an At-Large position in the May 2023 election and has previously served his first term from 2020-2023, he shall be limited to serving an additional four-year term in May 2023. This results in a seven-year term limitation only as it pertains to this particular occurrence. After the May 2027 election, the Mayor and all Councilmembers shall serve no more than two (2) consecutive three (3) year terms in the same office because the staggering process has been completed. Proposition 2: "Shall Article II, Section 2 of the Charter of the City of Port Arthur be amended as follows?" s.po 6835 Page 12 Qualifications.The Mayor and Councilmembers must be residents of the City for at least one (1) year preceding their election and shall maintain a residence in the City during their term of office. A Councilmember representing Districts 1-4, must also be a resident of the District which he represents for at least one (1) year preceding his election and shall maintain a residence in the district to which he is elected during his term of office. Proposition 3: "Shall Article II, Section 9 of the Charter of the City of Port Arthur be amended to provide for a sequence for serving as Mayor Pro Tern as follows?:" Mayor Pro Tern: Beginning May 2023, each Councilmember shall be designated by number from one (1) through six (6), corresponding to the positions on the City Council. The office of Mayor Pro Tern shall rotate in sequence with each designated Councilmember serving a one (1) year term as Mayor Pro Tern until each Councilmember serves a one-year term in sequence of their district number and/or at-large position on the Council, and thereafter repeating this sequence. The Mayor Pro Tern shall act as Mayor during the absence or disability of the Mayor, and shall have power to perform every act the Mayor could perform if present. Proposition 4: "Shall Article II, Section 10 of the Charter of the City of Port Arthur be amended as follows to provide for regular and special meetings?" There shall be regular meetings of the City Council which shall be held at such times and places as shall be prescribed by ordinance. Special meetings may be called at any time by the City Secretary upon the request of the Mayor, the City Manager, or three Councilmembers. Proposition 5: "Shall Article XVIII of the Charter of the City of Port Arthur be amended by deleting Sections 3 through 7 and amending 1 and 2 as follows as it pertains to Pleasure Island?" Section 1. - Pleasure Island Department: The governance of those lands owned by the City of Port Arthur in and under Sabine Lake and those lands owned by the City of Port Arthur and commonly known as Pleasure Island, including any such lands hereafter acquired or added thereto, shall be a subcomponent of City Government under the supervision of the City Manager. The City Council shall by ordinance provide for the creation of a Pleasure Island Department. The City Manager will exercise direction and control over it in the same manner as all other City departments. Section 2. — Appointments, Duties, and Authority of the Pleasure Island Commission as an advisory board: The City Council shall by ordinance provide for the creation of an advisory board known as the Pleasure Island Commission. The Pleasure Island Commission shall serve as an advisory body to the City Manager and shall perform additional duties and responsibilities as may be prescribed by by-laws to be formally s.po 6835 Page 13 approved by the governing body (Mayor and City Council), not inconsistent with the provisions of this Charter. Its members shall be appointed by the governing body and shall correspond with the total number of members of the governing body. Proposition 6: The adoption of a sales and use tax for projects related to recreational or community facilities, as authorized pursuant to Section 505.152 of the Texas Local Government Code at the rate of 1/8 percent to be imposed for four years and retaining the remaining 3/8 percent for projects authorized pursuant to Chapter 501 of the Texas Local Government Code. Proposition 7: 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.po 6835 Page 14 EXHIBIT "A- 2" s.po 6835 Page 15 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 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.po 6835 Page 16 EXHIBIT "B" s.po 6835 Page 17 AW12-2 Prescribed by Secretary of State Section 2.051—2.053,Texas Election Code 2114 ORDER OF CANCELLATION DE ORDEN DE CANCELACION The Sabine Pass ISD hereby cancels the election scheduled to be held on (official name of governing body) May 2,2020 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 election que,de lo contrario, (nombre ofcial de la entitled gobernante) se hubiera celebrado el Mayo 2,2020 de conformidad,con ((echo en que se hubiera celebrado la eleccidn) la Seccion 2.053(a) del Codigo de Elecciones de Texas. Los siguientes candidatos han sido certificados como candidatos t nicos y por la presente quedan elegidos tomo se haya indicado a continuacidn: Candidate(Candidato) Office Sought(Cargo al que presenta candidatura) Charles Lane Plauce Board of Trustee Julie Saunders Board of Trustee Charlene Deslatte 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 Dia de las Elecciones se exhibird una copia de esta orden en todas las mesas electorates que se hubieran utilizado en la election. President (Presidente) /hq[1.l5 41.uvx0J ecretar �r�a�rpl ki 41z, a s' :;; ::c<1 �. _• (sea!)'(sello), • a�araoav Date of adoption (Fecha de adoption) See reverse side for instructions Instrucciones en el reverso ORDER OF CANCELLATION EJEMPLO DE ORDEN DE CANCELACION The Sabine Bass Port Authority hereby cancels the election scheduled to be held on May 2. 2920 in accordance with Section 2.053(a)of the Texas Election Code The following candidates have been certified as unopposed and are hereby elected as follows: • El qutondad Dortuarla de Sabine pass por la presente cancela la elecci6n que, de to contrario, se hubiera celebrado el Pli.kyo 2. 2020 de conformidad, con la Secci6n 2.0539a) del C6digo de Etecciones de Texas. Los siguientes candidatos han sido certificados como candidatos (rnicos y por la presente quedan elegidos como sehaya indicado a continuaci6n Candidate(Candidatos) Office Sought (Cargo al que presents candidature) Robert(Bob) Sexton Port Commissioner Jerry Heid Port Commissioner A copy of this order will be posted on Election Day at each polling place that would have been used in the election. El Dia de las Elecciones se exhibira una copia de esta orden en todas las mesas electorates que se hubieran utilizado en la eiecci6n. Pre d nt (Preside Secretary (Secre ed( (seal) (se!/o) 01/1Ar2020 Date of adoption(Fecha de adopci6n)