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HomeMy WebLinkAboutPR 6907: CONDUCT OF THE NOVEMBER 3, 2020 GENERAL ELECTION P.O. No. 6907 09/23/2020 sb ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 20-68 PERTAINING TO THE CONDUCT OF THE NOVEMBER 3, 2020 GENERAL ELECTION 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, AMENDING ORDINANCE NO. 20-69 PERTAINING TO 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), 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 Bar-tie 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 s .po6907 Page 1 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. 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 for the Special Election by Ordinance 20-11; and WHEREAS, the City of Port Arthur found it was necessary to postpone its election on April 7, 2020 by Ordinance 20-36 and rescheduled the election to be held on November 3, 2020; and WHEREAS, pursuant to Ordinance No. 20 — 68 the City Council ordered a General Election and pursuant to Ordinance No. 20-69 ordered a Special Election to be held on November 3, 2020; and WHEREAS, pursuant to Article 11 of the Texas Constitution, a City with a Home rule Charter has the power of self-governance unless the State Legislature has pre-empted the City of Port Arthur from regulation in that area and such preemption must be by State Legislation that is unmistakably clear; 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 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. s.po6907 Page 2 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.; 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 and are adopted as a part of this Ordinance. 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 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 expiring Council position. Section 4. That the term of office of the persons elected as Councilmembers shall be adjusted to begin at the final canvassing of the November 3, 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 5. 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 s.po6907 Page 3 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 December 19, 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 6. 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"C". A copy of said Order and Notice of Election is attached hereto as Exhibit "B". Section 7. That a Special Election is hereby ordered to be held on November 3, 2020 for the purpose of amending the Home Rule Charter of the City of Port Arthur. Section 8. 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 9. That one (1) voting place shall be provided, (as shown in Exhibit"A-1" 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 10. That pursuant to Section 9.004 of the Texas Local Government Code, the election for the Charter shall be published in a newspaper of general circulation s.po6907 Page 4 published in the municipality. The notice must: (1) include a substantial copy of the proposed amendment; (2) include an estimate of the anticipated fiscal impact to the municipality if the proposed amendment is approved at the election; and (3) be published on the same day in each of two successive weeks, with the first publication occurring before the 14th day before the date of the election. Section 11. 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 12. 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 Secretary. This includes the usage of electronic voting equipment certified by the Secretary of State. Section 13. 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 14. 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 15. 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 16. That the conduct of such election shall be in accordance with the requirements of the Texas Election Code, including provisions for bilingual assistance, s.po6907 Page 5 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 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, s.po6907 Page 6 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 provided, 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 ($21.00) dollars per hour and the Election Clerks shall be paid the sum of fourteen ($19.00) 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. Section 21. 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 s.po6907 Page 7 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 22. That the Notice of Election shall include the location of each polling place and shall comply with Exhibits "A", "B" and "A-i" attached and made part hereof. Section 23. That this Ordinance shall take effect immediately from and after its passage. Section 24. 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.po6907 Page 8 APPROVED AS TO FORM: Vgi VALECIA TIZENO, CITYlA I I ORNEY APPROVED FOR ADMINISTRATION: RONALD BURTON, CITY MANAGER s.po6907 Page 9 Exhibit"A" ORDER AND NOTICE 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 polling place is shown on Exhibit "A-1". Early voting by personal appearance will be conducted at the following locations beginning on October 13, 2020 and ending on October 30, 2020: Jefferson County Sub-Courthouse, 525 Lakeshore Drive Port Arthur Public Library, 4615 Ninth Avenue The dates and hours of Early Voting are as follows: DATE DAY TIME OCTOBER 13 - 16, 2020 TUESDAY - FRIDAY 8:00 A.M. - 5:00 P.M. OCTOBER 19 - 23, 2020 MONDAY - FRIDAY 8:00 A.M. - 5:00 P.M. OCTOBER 24, 2020 SATURDAY 8:00 A.M. - 5:00 P.M. OCTOBER 25, 2020 SUNDAY 12:00 P.M. - 5:00 P.M. OCTOBER 26 - 30, 2020 MONDAY - FRIDAY 7:00 A.M. - 7:00 P.M. s.po6907 Page 10 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©portarthurbc.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, October 16, 2020. Applications for Mail Ballots by mail must be received no later than the close of business on Friday, October 23, 2020. Issued this day of , 2020. Thurman Bartie, Mayor City of Port Arthur s.po6907 Page 11 Exhibit"B" ORDER AND NOTICE 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 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) 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 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. 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) attached hereto as "Exhibit B". That pursuant to Section 9.004 of the Texas Local Government Code, the election for the Charter shall be published in a newspaper of general circulation published in the municipality. The notice must: (1) include a substantial copy of the proposed amendment; (2) include an estimate of the anticipated fiscal impact to the municipality if the proposed amendment is approved at the election; and (3) be published on the same day in each of two successive weeks, with the first publication occurring before the 14th day before the date of the election. 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 at the following locations beginning on October 13, 2020 and ending on October 30, 2020: Jefferson County Sub-Courthouse, 525 Lakeshore Drive Port Arthur Public Library, 4615 Ninth Avenue s.po6907 Page 12 Exhibit"B" Page 2 ORDER AND NOTICE OF SPECIAL ELECTION TO BE HELD NOVEMBER 3, 2020 The dates and hours of Early Voting are as follows: DATE DAY TIME OCTOBER 13 - 16, 2020 TUESDAY - FRIDAY 8:00 A.M. - 5:00 P.M. OCTOBER 19 - 23, 2020 MONDAY - FRIDAY 8:00 A.M. - 5:00 P.M. OCTOBER 24, 2020 SATURDAY 8:00 A.M. - 5:00 P.M. OCTOBER 25, 2020 SUNDAY 12:00 P.M. - 5:00 P.M. OCTOBER 26 - 30, 2020 MONDAY - FRIDAY 7:00 A.M. - 7:00 P.M. 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©portarthurbc.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, October 16, 2020. Applications for Mail Ballots by mail must be received no later than the close of business on Friday, October 23, 2020. Issued this day of , 2020. Thurman Bartle, Mayor City of Port Arthur s.po6907 Page 13 EXHIBIT"A-1" ELECTION POLLING LOCATIONS ADDRESS PRECINCTS ALL DEQUEEN ELEMENTARY 740 DEQUEEN BLVD. ALL ZION HILL BAPTIST CHURCH 5848 ROOSEVELT AVE. ALL JEFFERSON COUNTY SUB-COURTHOUSE 525 LAKESHORE DR. ALL PORT ACRES ELEMENTARY 6301 PAT AVE. ALL 0. W. COLLINS RETIREMENT CENTER 4440 GULFWAY DR. ALL PORT ARTHUR PUBLIC LIBRARY 4615 9TH AVE. ALL R. L. GABBY ELDRIDGE COMMUNITY CENTER 5262 S. GULFWAY DR. ALL TRAVIS ELEMENTARY 1115 LAKEVIEW AVE. ALL WILLIE RYMAN CENTER 328 39TH ST. ALL QUEEN OF VIETNAM CATHOLIC CHURCH 801 9TH AVE. s.po6907 Page 14 EXHIBIT"C" CHARTER AMENDMENTS: Proposition A "Shall Article II, Sections 1 and IA of the Charter of the City of Port Arthur be amended to provide for the following? Beginning May 2023,each Councilmember position shall be designated by number from one(1)through six(6).The current City Council At-Large positions will be designated as Position 5 and Position 6.City Council Positions 5 and 6 shall be elected to one(1)four-year term in 2023.A person that is elected to Position 5 or Position 6 in the May 2023 election and that has previously served a term from 2020-2023 may not serve more than seven(7)years in the same office. FOR AGAINST Proposition B "Shall Article II,Section 2 of the Charter of the City of Port Arthur be amended to provide for the following?" The Mayor and all 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.The Mayor and two Councilmembers to be elected at- large may reside in any District.Each 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 ofoffice. FOR AGAINST Proposition C "Shall Article II,Section 9 of the Charter of the City of Port Arthur be amended to provide for the following?" Mayor Pro Tern:The office of Mayor Pro Tern shall rotate in sequence with each Councilmember serving a one(I)year term as Mayor Pro Tem until each Councilmember serves a one-year term in the order district number and/or at-large position on the Council,and thereafter repeating the order.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. FOR AGAINST s.po6907 Page 15 Proposition D "Shall Article II,Section 10 of the Charter of the City of Port Arthur be amended to provide the following 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. FOR AGAINST Proposition E "Shall Section 1 of Article XVIII of the Charter of the City of Port Arthur be amended to provide the following?" 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. FOR AGAINST Proposition F "Shall Section 2 of Article XVIII of the Charter of the City of Port Arthur be amended to provide for the following?" The City Council shall by ordinance provide for the creation of a Pleasure Island Department.The City Manager will exercise direction and control over the Pleasure Island Department in the same manner as all other City departments. FOR AGAINST Proposition G "Shall Sections 3 through 7 of Article XVIII of the Charter of the City of Port Arthur be deleted and amended to provide for the following?" The City Council shall by ordinance provide for the creation of an advisory board to assist the City Manager known as the Pleasure Island Commission.The Pleasure Island Commission members shall be appointed by the governing body and shall correspond with the total number of members of the governing body. FOR AGAINST s.po6907 Page 16 EDC PROPOSITION: Proposition H "The adoption of an additional sales and use tax to be utilized for the existing Type A (Economic Development Corporation)for the promotion and development of new and expanded business enterprises at the rate of one-eighth (1/8)of one percent."Thereby,resulting in a total Type A Sales and Use Tax of one-half(V2)of one percent. FOR AGAINST SALE OF PARKS : Proposition I 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,Carver Terrace Park,Civic Park,Felix&Milton Barker Park,Hughen Park,Immigrant Park,Montgomery Park for fair market value based upon a certified appraisal? FOR AGAINST s.po6907 Page 17