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Home My WebLink AboutPO 6883: CALLING THE SPECIAL ELECTIONS P.O. No. 6883 07/31/20 sb 08/01/20 vt ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE CONDUCT OF A SPECIAL ELECTION ON NOVEMBER 3, 2020 TO SUBMIT PROPOSITIONS TO THE VOTERS AS TO THE FOLLOWING: (A) PROPOSED AMENDMENTS TO THE CITY CHARTER; (B) CONSIDERATION OF THE SALE OF VARIOUS CITY PARKS IN THE CITY OF PORT ARTHUR; AND(C) CONSIDERATION OF THE ADOPTION OF AN ADDITIONAL SECTION 4A TYPE A (ECONOMIC DEVELOPMENT CORPORATION) SALES AND USE TAX AT THE RATE OF ONE-EIGHTH (1/8) OF ONE PERCENT FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES (AS SET FORTH IN ORDINANCE NO. 20-65), 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 called for the order of the May 2, 2020 Special Elections on February 13, 2020 by Ordinance Nos. 20-12 and 20-13 and July 21, 2020 by Ordinance No. 20-65 respectively; and WHEREAS, the City of Port Arthur found it was necessary to postpone the special elections on April 7, 2020 by Ordinance 20-36 and rescheduled the election to be held on November 3, 2020; and WHEREAS, pursuant to the Proclamation signed by Governor Greg Abbott on March 18, 2020, and 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 with any political subdivision who postponed their election to November 3, 2020, under the authority of the Governor's proclamation; and WHEREAS, pursuant to Section 3.004 and Section 41.001 of the Texas Election Code, the City Council shall order a Special Election to submit propositions to the voters as to the following: (a) Proposed Amendments To The City Charter; (b) Consideration of The s.po 6882 Page 1 Sale Of Various City Parks in the City of Port Arthur; and (c) separate Consideration of For The Adoption Of An Additional Section 4A Type A (Economic Development Corporation) Sales And Use Tax At The Rate Of One-Eighth (1/8) Of One Percent For The Promotion And Development Of New And Expanded Business Enterprises (as set forth in Ordinance No. 20-65). The Special Election is 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., 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 Special Election is hereby ordered to be held on November 3, 2020 to submit propositions to submit propositions to the voters as to the following: (a) Proposed Amendments To The City Charter; (b) Consideration of The Sale Of Various City Parks in the City of Port Arthur; and (c) Consideration of The Adoption Of An Additional Section 4A Type A (Economic Development Corporation) Sales And Use Tax At The Rate Of One-Eighth (1/8) Of One Percent For The Promotion And Development Of New And Expanded Business Enterprises (as set forth in Ordinance No. 20-65) as attached hereto as Exhibit "B". 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 ballot for said Special Election shall include a place for each proposition. 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. s.po 6882 Page 2 • Section 6. 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 7. 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. Section 8. 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 9. 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 10. 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 11. 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 3 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 s.po 6882 Page 4 APPROVED AS TO FORM: VALECIA TIZENO, 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 SPECIAL ELECTION IN THE CITY OF PORT ARTHUR, TEXAS JEFFERSON COUNTY TEXAS Notice is hereby given that the City of Port Arthur will hold a Special Election to submit propositions as to proposed amendments to the City Charter, the sale of various city parks in the City of Port Arthur, Texas and for the adoption of an additional Section 4A Type A (Economic Development Corporation) Sales And Use Tax at the rate of one-eighth (1/8) of one percent for the promotion and development of new and expanded business enterprises on Tuesday, November 3, 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 Special 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. 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. 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 Bartle, Mayor City of Port Arthur s.po 6882 Page 7 EXHIBIT "B" TO BE PRESENTED AT OR BEFORE THE CITY COUNCIL MEETING s.po 6882 Page 8