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HomeMy WebLinkAboutPO 5310: ELECTION ORDERINTER OFFICE MEMO To: From: Subject: Date: Mayor, City Council & City Manager~ Mark T Sokolow City Attorney P. O. No. 5310 - February 11, 2003 Council Meeting February 7, 2003 Attached is P. O. 5310 providing for the conduct of the May 3, 2003 General Election for the Purpose of electing councilmembers from Districts 5 and 6, in the City of Port Arthur, Texas; and providing for a Joint Election with the Port Arthur Independent School District, the Sabine Pass Independent School District, the Port of Port Arthur, and the Sabine Pass Port Authority, in accordance with Chapter 271 of the Texas Election Code, and providing for publication of the Election Notice. One of the polling places is being changed form the Mall to the City's Library. The name of the presiding Judge of the Central Counting Station will be provided at the meeting. MTS/ts Attachment cc: City Secretary z .po5310 .memo P. O. No. 5310 02/07/03 ts ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE CONDUCT OF THE MAY 3, 2003 GENERAL ELECTION FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FROM DISTRICTS 5 AND 6, IN THE CITY OF PORT ARTHUR, TEXAS; AND PROVIDING FOR A JOINT ELECTION WITH THE PORT ARTHUR INDEPENDENT SCHOOL DISTRICT, THE SABINE PASS INDEPENDENT SCHOOL DISTRICT, THE PORT OF PORT ARTHUR AND THE SABINE PASS PORT AUTHORITY IN ACCORDANCE WITH CHAPTER 271 OF THE TEXAS ELECTION CODE, AND PROVIDING FOR 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 eight (8) Councilmembers as delineated below: District Mayor Ortiz Councilmember Hannah 1 Councilmember Barker 2 Councilmember Henderson 3 Councilmember Gillam 4 Councilmember Linden 5 Councilmember Bowers 6 Councilmember Chaisson 7 Councilmember Sinegal 8 Term Expiration of Term 3 years May 2004 3 years May 2005 3 years May 2005 3 years May 2005 3 years May 2005 3 years May 2003 3 years May 2003 2 years May 2004 2 years May 2004 WHEREAS, the terms for the Councilmembers in Districts 5 and 6 will expire in May 2003; and WHEREAS, these Council persons will be elected from the new z.po5310 council districts as delineated in Ordinance No. 01-46 as adopted on November 27, 2001; and WHEREAS, pursuant to the Texas Election Code Section 3.004, the City Council shall order a General Election for certain City Council positions to be held in the City of Port Arthur on the First Saturday in May, 2003, the same being May 3, 2003, between the hours of 7:00 a.m. and 7:00 p.m., for the purpose of electing Councilmembers for District 5 and 6, 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 one voting place shall be provided, (as shown in Exhibit "B") within each of the precincts or combined precincts into which the City is divided for voting purposes. Section 2. 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. Section 3. That the term of office of the person elected as Councilmembers for Districts 5 and 6 shall be for a period of three (3) years and until his/her respective successor shall have been elected and duly qualified. Section 4. 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 z.po5310 "A" attached hereto; and shall be under the control and supervision of the City Secretary. Section 5. That the Mid-County Office Building located at 2748 Viterbo Road, Nederland, Texas, the Central Counting Station established by Jefferson County, Texas, is hereby designated as the "Central Counting Station" to receive and tabulate voted ballots. Section 6. That pursuant to Section 67.003 of the Texas Election Code, the City Council of the City of Port Arthur shall meet on the first Tuesday following election day (May 6, 2003) and canvass the returns and declare the results of said Election. The respective candidates receiving a majority of the votes cast at said election for Councilmembers of District 5 and 6, shall be declared to be elected. A runoff election shall be held as provided in Section 2.025 of the Texas Election Code on the fourth Saturday, (May 31, 2003) after the final canvass is completed in the event that a candidate does not receive the majority of votes cast in the General Election for Councilmembers of Districts 5 and 6. Section 7. That each candidate for an office for which this election is to be held must be at least twenty-one (21) 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 the District from which elected immediately preceding election day. z.po5310 Section 8. 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 at least forty-five (45) days but no more than seventy-five (75) days prior to May 3, 2003, 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, Chapter 573 Government Code, V.T.C.A., as required by Election Code Section 141.031. Section 9. 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 10. Jefferson County, That Byron Broussard, a qualified voter of Texas, is hereby appointed as Manager of the Central Counting Station and said manager's duties shall be as set forth in Sec. 127.002 of the Texas Election Code. Section 11. That Ken Seholm, a qualified voter of Jefferson County, Texas, is hereby appointed as Tabulation Supervisor of the Central Counting Station and said Supervisor's duties are set forth in Sec. 127.003 of the Texas Election Code. z .po5310 Section 12. That , a qualified voter of the City of Port Arthur, Texas, is hereby appointed as Presiding Judge of the Central Counting Station, and said Judge's duties and compensation are set forth in Sec. 127.005 of the Texas Election Code. Section 13. That pursuant to Section 127.061 (Sub-chapter C) of the Texas Election Code, sealed ballot boxes shall be used to deliver electronic system ballots from the polling place to the Central Counting Station. Section 14. That the conduct of such election shall be in accordance with the requirements of the Voting Rights Act, rules of the Department of bilingual assistance, notices, written Justice, including provision instructions, ballots, materials and information relating for which presentation and assistance is required. and for and other to the electoral In process, addition to the election officers to be designated and appointed, Amalia Samuels, who reads and speaks the Spanish language fluently, as well as Hanh Tran, who reads and speaks the Vietnamese language fluently, are hereby appointed as translators to render assistance as needed or as requested by the City Secretary in accordance with the Election laws. The translators shall be paid the sum of $25.00 per hour, subject to the limitations of the Election Code. Section 15. That in accordance with Chapter 32 of the Election Code, and Article III, Section 4 of the City Charter, the z.po5310 City Council hereafter shall appoint a presiding Judge and an alternate presiding judge and clerks for each polling place. Section 16. That the Judges and clerks shall be paid the sum of eight ($8.00) dollars per hour subject to the limitations of the Texas Election Code Sections 32.091 through 32.094. 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 17. 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, and the same shall be printed not less than twenty (20) days before the election. Section 18. That an Early Voting Ballot Board for early ballots is hereby established, which shall consist of the election officers for Precinct No.'s 44, 47, 93, and 102 and PAISD 60 and 61. Section 19. That the election shall be held jointly with the Port Arthur Independent School District, the Sabine Pass Independent School District, the Port of Port Arthur, and the Sabine Pass Port Authority in accordance with Chapter 271 of the Texas Election Code. The City Secretary of the City of Port Arthur agrees to coordinate, supervise and handle all aspects of administering said joint election in accordance with the provisions of the Texas Election Code, and as outlined in the terms of the z.po5310 agreement contained herein. Section 20. That the Port Arthur Independent School District, the Sabine Pass Independent School District, the Port of Port Arthur and the Sabine Pass Port Authority will be responsible for their own preparation, adoption and publication of all required election orders, resolutions, notices and pertinent documents required by their governing body. Section 21. That the terms of agreement of said joint election shall be as follows: a. Election expenses for the joint precincts and polling places, with the exception of Sabine Pass, shall be divided equally between the City, the Port Arthur Independent School District, and the Port of Port Arthur. b. Election expenses of Sabine Pass shall be divided equally between the City, Sabine Pass Independent School District and the Sabine Pass Port Authority. c. Single ballot forms shall contain the positions for Councilmembers for Districts 5 and 6 in the City of Port Arthur, trustee positions for the Port Arthur Independent School District, trustee positions for the Sabine Pass Independent School District, commissioner positions for the Port of Port Arthur and commissioner positions for the Sabine Pass Port Authority, and d. Records for each entity shall be combined. e. Election returns shall be made on joint forms, but each z.po5310 entity shall canvass its own returns. f. Early voting shall be conducted jointly and the City Secretary of the City of Port Arthur shall serve as the Early Voting Clerk for the joint early voting. Section 22. That the terms of the aforesaid agreement shall be acknowledged by the signature of a duly authorized officer of the Port Arthur Independent School District, the Sabine Pass Independent School District, the Port of Port Arthur, and the Sabine Pass Port Authority. Section 23. 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. The Notice of Election shall include the location of each polling place and shall comply with Exhibit "A" attached and made part hereof. Section 24. That the City Attorney shall prepare and file the necessary submission to the Justice Department as required under Section 5 of the Voting Rights Act. z.po5310 Section 25. That this Ordinance shall take effect immediately from and after its passage. READ, ADOPTED and APPROVED this the 11th day of February, A.D., 2003, at a Special Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , Councilmembers NOES: ATTEST: MAYOR CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.po5310 AGREED TO: DATE: PORT ARTHUR INDEPENDENT SCHOOL DISTRICT DATE: SABINE PASS INDEPENDENT SCHOOL DISTRICT DATE: PORT OF PORT ARTHUR DATE: SABINE PASS PORT AUTHORITY z.po5310 EXHIBIT "A" ORDER AND NOTICE OF A GENERAL ELECTION IN THE CITY OF PORT ARTHUR, TEXAS I, Oscar G. Ortiz, 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 Saturday, May 3, 2003, between the hours of 7:00 a.m. and 7:00 p.m., for the purpose of electing Councilmembers for Districts 5 and 6. The term of office of the Councilmembers from Districts 5 and 6 will be for three (3) years and until their 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 on February 17, 2003 through March 19, 2003. Said election shall be by Electronic Voting System as provided in Section 123.001 of the Election Code. The location of each polling place is shown on Exhibit "B" 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 16, 2003 and ending on April 29, 2003, with the exception of Good Friday, April 18, 2003: City Hall, 444 Fourth Street Port Arthur Library, 4615 Ninth Avenue Lucky Seven Food Store, 200 Gilham Circle Market Basket #45, 1700 Jefferson Drive Alford's Supermarket, 5897 W. Port Arthur Road Sabine Pass Fire Station #4, 5030 S. Gulfway Drive Early voting by personal appearance will also be conducted on Easter Sunday, April 20, 2003, and Sunday, April 27, 2003, between the hours of 8:00 a.m. and 1:00 p.m. at the following location: St. Joseph's Hall, 800 Ninth Avenue In addition, Early voting by personal appearance will also be conducted on Sunday, April 27, 2003, between the hours of 1:00 p.m. and 4:00 p.m. at the following locations: City Hall, 444 Fourth Street Port Arthur Library, 4615 Ninth Avenue Lucky Seven Food Store, 200 Gilham Circle Market Basket #45, 1700 Jefferson Drive Alford's Supermarket, 5897 W. Port Arthur Road Applications for ballot by mail shall be mailed to: City Secretary of the City of Port Arthur P. O. Box 1089 Port Arthur, Texas 77641-1089 Applications for ballot by mail must be received no later than the close of business on April 25, 2003. Issued this 11th day of February, 2003. Mayor Oscar G. Ortiz, City of Port Arthur z.po5310 EXHIBIT "B" CITY ELECTION PRECINCTS SABINE PASS FIRE STATION #4 (Ail or a portion of County Election Precinct 32) STEPHEN F. AUSTIN SCHOOL (Ail or a portion of County Election Precincts 33, 34, 106, 111, 112, 113, 114 & PAISD 35) TYRRELL ELEMENTARY SCHOOL (Ail or a portion of County Election Precincts 44, 47, 93, 102 & PAISD 60 & 61) STILWELL TECHNICAL CENTER (Ail or a portion of County Election Precincts 45, 46, 70, 82, 95, 96, 98, 109 & PAISD 43) ROBERT E. LEE ELEMENTARY SCHOOL (All or a portion of County Election Precincts 48, 49 & 76) THOMAS EDISON MIDDLE SCHOOL (Ail or a portion of County Election Precincts 50 & 51) DEQUEEN ELEMENTARY SCHOOL {Ail or a portion of County Election Precincts 52 & 53) WOODROW WILSON MIDDLE SCHOOL (All or a portion of County Election Precincts 54, 55, 57 & 81) MEMORIAL HIGH SCHOOL 9th GRADE CENTER (FORMERLY LINCOLN HIGH SCHOOL) (Ail or a portion of County Election Precincts 58, 59 & 94) TAFT ELEMENTARY SCHOOL (Ail or a portion of County Election Precinct 71 and Orange County Precinct 28) POLLING PLACES 5030 South Gulfway Drive 2441 - 61,t Street 4401 Ferndale 4801 Ninth Avenue 3939 Delaware 3501 - 12th Street 740 DeQueen Boulevard 1500 Lakeshore Drive 1023 Abe Lincoln 2500 Taft Avenue z.p05310