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Home My WebLink AboutPO 6882: CONDUCT OF A GENERAL ELECTION ON NOVEMBER 3, 2020 P.O. No. 6882 07/31/2020 sb ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE CONDUCT OF A GENERAL ELECTION ON NOVEMBER 3, 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 Bartie 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, the City of Port Arthur called for the order of the May 2, 2020 General Election on February 13, 2020 by Ordinance No. 20-10; and WHEREAS, pursuant Section 418.016 of the Texas Government Code, the Governor suspended Sections 41.0052(a) and (b) of the Texas Election Code to the extent necessary to allow political subdivisions to move their elections for 2020 only to the next uniform date, occurring on November 3, 2020. s.po 6882 Page 1 WHEREAS, the City of Port Arthur found it was necessary to postpone the general election on April 7, 2020 by Ordinance 20-36 and rescheduled the election to be held on November 3, 2020; and WHEREAS, pursuant to Sections 31.093 and 42.0621(c) of the Texas Election Code all county election officers, if requested by an affected political subdivision are required to enter into a contract to furnish election services requested. Pursuant to the Proclamation signed by Governor Greg Abbott on March 18, 2020, any political subdivision who postponed their election to November 3, 2020, under the authority of the Governor's proclamation may require county election officials to contract to furnish election services; 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 Tuesday in November of 2020, the same being November 3, 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". 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 November 3, 2020 for the purpose of electing Councilmembers for Districts 1, 2, 3, 4 and Positions 7 and 8. A copy of said Order 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 s.po 6882 Page 2 ballot for said General Election shall include a place for each expiring Council position. Section 4. That one (1) voting place shall be provided within each of the precincts or combined precincts which the City is divided for voting purposes. Section 5. 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 6. That the term of office of the persons elected as Councilmembers shall be adjusted to begin at the final canvassing of the November 2020 until his/her respective successor shall have been elected and duly qualified. The next election for the Councilmember seats will return back to May date in May 2023. This provision is set forth under the authority of the Proclamation signed by Governor Greg Abbott on March 18, 2020. Section 7. That said election shall be by Electronic Voting System as authorized in Texas Election Code Sec. 123.001. This includes the usage of electronic voting equipment certified by the Secretary of State. Section 8. That pursuant to Section 67.003 of the Texas Election Code, the City Council of the City of Port Arthur shall meet on November 17, 2020, which is within fourteen (14) days following election day (November 3, 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. Section 9. 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. s.po 6882 Page 3 Section 10. That the City Secretary, has posted on the bulletin board in the Office of the City Secretary, at 444 4th Street, Port Arthur, Texas, the list of all qualified candidates who timely filed their applications with the terms and provisions of the original order adopted by the City Council on February 13, 2020. Section 11. That an impartial drawing for ballot positions was conducted by the City Secretary and her designated representatives at 1:00 p.m. on February 19, 2020. Section 12. That person qualified so to serve under the provisions of the Texas Election Code as officers of said election, with the assistance of such duly qualified clerks or assistants will be designated. Section 13. 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 15. That the Early Voting Ballot Board shall consist of a presiding judge, and alternate clerks to be appointed by the County, and who shall be named subsequently, in accordance with § 87.001 et seq., 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. s.po 6882 Page 4 Section 17. That this Ordinance shall take effect immediately from and after its passage. Section 18. 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: THURMAN BARTIE, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: 71/4.1 VALECIA TIZUJO, CITY ATTORNEY APPROVED FOR ADMINISTRATION: RONALD BURTON, CITY MANAGER s.po 6882 Page 5 . . EXHIBIT "A" s.po 6882 Page 6 Exhibit"A" ORDER OF A GENERAL ELECTION IN THE CITY OF PORT ARTHUR, TEXAS JEFFERSON COUNTY TEXAS Notice is hereby given that the City of Port Arthur will hold a General Election for the purpose of electing Councilmembers for Districts 1, 2, 3, 4 and Positions 7 and 8 on Tuesday, November 3, 2020, between the hours 7:00 a.m. and 7:00 p.m. I, Thurman Bartie, 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 Tuesday, November 3, 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. 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 Election Day polling place is shown on Exhibit"A-1". Early voting by personal appearance will be conducted beginning on Tuesday, October 13, 2020 and ending on Friday, October 30, 2020. Issued this day of , 2020. Thurman Bartie, Mayor City of Port Arthur s.po 6882 Page