HomeMy WebLinkAboutPO 5971: MAY 9, 2009 GENERAL ELECTIONinteroffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City Attorney rLs.~/(, s-~/~w+-~
Date: February 3, 2009
Subject: P. O. No. 5971; Council Meeting February 10, 2009
Attached is P. O. No. 5971 providing for the conduct. of the
May 9; 2009 General Election for the purpose of electing
councilmembers for Districts 5 and 6, providing for a Joint
Election with the Port Arthur Independent School District, the
Sabine Pass Independent School District, the Port of Port Arthur
Navigation District, and the Sabine Pass Port Authority, in
accordance with Chapter 271 of the Texas Election. Code, and
providing for the publication of the Election Notice.
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cc: City Secretary
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P.O. No. 5971
02/03/09 is
NO.
AN ORDINANCE PROVIDING FOR THE CONDIICT OF THE MAY 9, 2009
GENERAL ELECTION FOR THE PURPOSE OF ELfiCTING
COUNCILMEMBERS FOR DISTRICTS 5 AND 6, PROVIDING FOR A
JOINT ELECTION WITH THE PORT ARTHUR INDEPENDENT SCHOOL
DISTRICT, THE SABINE PASS INDEPENDENT SCHOOL DISTRICT,
THE PORT OF PORT ARTHUR NAVIGATION DISTRICT AND THE.
SABINE PASS PORT AUTHORITY, 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 eight (8) Councilmembers as
delineated below:
Mayor Prince
Councilmember Chatman 1
District/
Position
Councilmember Elizabeth
"Liz" Segler
Councilmember Albright
Councilmember Flood
Councilmember Beard
Councilmember Williamson
Councilmember D. Kay Wise
Councilmember Thomas J.
"Tom" Henderson
2
3
4
5
6
7
8
Term Expiration of Term
3 years May 2010
3 years May 2.011
3 years May 2011
3 years May 2011
3 years May 2011
3 years May 2009
3 years May 2009
3 years May 2011
3 years May 2011
WHEREAS, the terms for Districts 5 and 6 will expire in May
2009; 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 the Council positions to be held in the City of Port
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Arthur on the second Saturday in May, 2009, the same being May 9,
2009, between the hours of 7:00 a.m. and 7:00 p.m., for the purpose
of electing Cduncilmembers for Districts 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 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 9, 2009, for the purpose of electing Councilmembers for
Districts 5 and 6. 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 vacant
Council position.
Section 4. 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 5. 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 6. That the term of office of the person elected
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as for each"Council position shall be f"or a period of three (3)
years and until his/her respective ,successor shall have been.
elected and duly ,qualified.
Section 7. 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" 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 8. 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 9. That pursuant to Section 67.003 of the Texas
Election Code, the City Council of the City of Port Arthur shall
meet on May 19, 2009, which is within .eleven (11) days following
election day (May 9, 2009) and officially canvass the returns and.
declare the results of said Election. The. respective candidates in
Districts 5 and 6 receiving a majority of-the votes cast at said
election 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 27, 2009, 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 Council Districts 5 and 6.
Section 10. 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
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State and twelve (12)'moriths in the City of Port Arthur and six (6) -
months in their District from which elected immediately preceding
election day.
Section 11. 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., March 9, 2009 and not
earlier than February 7, 2009, .stating that h2/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 12. 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 13. That the conduct of such election shall be in
accordance with the requirements of-the Voting Rights Act, the
Federal Help America Vote Act (HAVA) and the rules of the
Department of Justice, including provisions for bilingual
assistance, 'notices, instructions, ballots, and other. written
materials and information relating to the electoral process, for
which presentation and assistance is required.
Section 14. That in accordance with. Chapter 32 of the
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Election Code, and Article.. III, Section 4 of the City Charter, the
City Council Shall hereinafter appoint the following:
• Presiding Judge and an Alternate Presiding Judge, Election Day
Clerks, and Deputy Early'Voting Clerks 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
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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 iri Section 127.003 of the 'Texas Election Code and
with such compensation as to be set by the City Council
• 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 early voting results, 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.
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Code
Section 15.. That In addition to the election officers to be
designated and appointed, Fernando Ramirez, a registered voter of
Jefferson County who reads and speaks the Spanish language
fluently, as well as Rhoi'Tran, a registered. voter in Jefferson
County who reads and speaks the Vietnamese language fluently, are _..__ '
hereby 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 Electioh Laws at a sum of $10
per hour. Before serving as an interpreter, Fernando Ramirez and
Khoi Tran 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 16. That the Judges and the Alternate Judges shall
be paid the sum of ten ($10.00) dollars per hour and the Election
Clerks. shall be paid the sum of eight ($8.00) 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 17. That the City Secretary is hereby directed to
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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 18. That this General City election shall be held
jointly with the Port Arthur Independent School District, the I
Sabine Pass Independent School District, the Port of Port Arthur,
Navigation District .and the Sabine Pass Port Authority in
accordance with Chapter 271 of the Texas Election Code. The City I
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 agreement contained in
Exhibit "-B", which the Mayor is authorized to sign.
Section 19. 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 20. That the Notice of Election shall include the
location of each polling place and shall. comply with Exhibit "A"
attached and made part hereof.' That the City of Port Arthur is
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using the same election day locations as was done in the May,10,
2008 General Election with the exception that the Sabine Pass
Election Day/Early Day Voting locations will be at the Sabine Pass
ISD School, instead of the Sabine Pass Fire Station, which was
destroyed by Hurricane Ike, and that St. Joseph's Hall, 800 Ninth
Avenue will be utilized. instead. of the Queen of Vietnam Church
Rectory, located at 801 Ninth Avenue.
Section 21. 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.
Section 22. That this Ordinance shall take effect
immediately from and after its passage.
Section 23. 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., 2009, at a Meeting of the. City Council of
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the City of Port Arthur, Texas, by the following vote:
AYES: Mayor Councilmembers
NOES:
DELORIS PRINCE ,. MAYOR
ATTEST:
ACTING CITY SECRETARY
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APPROVED AS TO FORM:
~,,,~ ~1y(e.../
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
STEVE FITZGIBBONS, CITY MANAGER..;
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Exhibit "A"
ORDER AND NOTICE
OF A GENERAL ELECTION
IN THE CITY OF PORT ARTHUR,
JEFFERSON COUNYY, TEXAS
Notice is hereby given that the City of Port Arthur will hold a Joint Election in conjunction with the Part Arthur
Independent School District, the Sabine Pass Independent School District, the Port of Port Arthur Navigation District and. the
Sabine Pass Port Authoritaturday, May 9, 2009, between the hours 7:00 a.m. and 7:00 p.m: . - _ _ _ =-._ _ _
I, Detoris "Bobbie" Prince, Mayor of the City of Port Arthur, Texas, as authorized by the City Couhcil, do hereby O~di=r'.
and give Notice of a General Election to be held in the City of Port Arthur, Texas, on Saturday, May 9, 2009, between the hours-
of 7`00 a.m. and 7:00 p.m., for the purpose of electing Councilmembers for District 5 and District 6. The term of office. for the
Councilmembers will be for three (3) years and 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 February 7, 2009 through March
9, 2009.
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 each weekday at the following locations between the hours of 8:00 a.m. and
5:00 p.m. beginning on April 27, 2009 and ending on May 5, 2009:
City Hall, 444 Fourth Street
.Port Arthur Public Library, 4615 Ninth Avenue
Fire Station No One, 1215 Woodworth
H.O:P.E. Building 701 Rev. Dr. Ransom Howard Street
Fire Station No. Three, 2232 Canal
Sabtne Pass Independent School District, 5642 South Gulfway Drive
Early voting by personal appearance will be conducted on Sunday, May 3, 2009 between the hours of 8:00 a.m. and
1:00 p.m. at the following location:
Saint Joseph's Hall, 800 Ninth Avenue
Early voting by personal appearance will be conducted on Sunday, May 3, 2009, between the hours of 1:00 p.m. and
4:00 p.m. at the following locations:
City Hall, 444 Fourth Street
Port Arthur Public Library, 4615 Ninth Avenue
Fire Station No One, 1215 Woodworth
H.O.P.E. Building 701 Rev. Dr. Ransom Howard Street
Fire Station No. Three, 2232 Canal
Early voting. by personal appearance will be conducted on Friday, May 1, 2009, and on Tuesday, May 5, 2009, between
the-hours of 8:00 a.m. and 8:00 p.m. at the following location of the mairi early voting polling place:
City Hall, 444 FourthStreeY
ORDER AND NOTICE OF GENERAL ELECTION
TO BEHELD MAY 9, 2009 -
Exhibit "A"
Page 2
Please contact the City Secretary's Office at (409) 983-8115 for an Application for a Ballot by Mail.
Applications for a Ballot by Mail shall be mailed to:
City of Port Arthur - Or City of Port Arthur
Acting City Secretary Terri Hanks Acting City Secretary Terri Hanks
Post Office Box 1089 444 Fourth Street
Port Arthur, Texas 77641-1089 Port Arthur, Texas '77640 ~~
Applications for Mail Ballots must be received no later than the close of business on Friday, May 1, 2009. -
Issued this day of , 2009.
"Bobbie" Prince, Mayor
Port Arthur
ELECTION- PRECINCTS:
SABINE PASS SCHOOL
(All or a portion of Jefferson
County Election Precinct 32)
STEPHEN F. AUSTIN SCHOOL
(All or a portion of Jefferson
County Election Precincts 33, 34, 106,
111,112,113,114,115,
PAISD 35 & 107 PAPORT 101 & 103
PAISD & PAPORT 80)
TYRRELL ELEMENTARY
(All or a portion of Jefferson
County Election Precincts 44, 47, 93, 102,
PAISD & PAPORT60 & 61)
STILWELL TECHNICAL CENTER '
(All or a portion of Jefferson
County Election Precincts 45, 46, 70,.82,
95, 96, 98, 109
PAISD & PAPORT 43, 97, 105 & 110)
ROBERT E. LEE ELEMENTARY SCHOOL,
(All or a portion of Jefferson
County Election Precincts 48, 49 & 76)
THOMAS EDISON MIDDLE SCHOOL
(All or a portion of7efferson
County Election Precincts 50 8e 51)
DEQUEEN ELEMENTARY SCHOOL
(All or a portion of Jefferson
County Election Precincts 52 & 53}
PORT ARTHUR CTlrl( HALL
(All or a portion of Jefferson
County Election Precinct 54, 55, 57 & 81)
MEMORIAL NINTH GRADE CAMPUS
(FORMERLYLINCOLNHlGH SCHOOL)
(All or a portion of Jefferson
County Election Precincts 58, 59 & 94)
TAFT ELEMENTARY SCHOOL.
(Alf or a portion of Jefferson
County Electioh Precinct 7T and' a portion of
Orange County Election Precinct 28)
Exhibit "A-1"
POLLING PLACES:
5642 S. Gulfway Drive
2441 - 61~ Street
4401 Ferndale
4801 Ninth Avenue
3939 Delaware
3501 12T" Street.
710' DeQueen Boulevard
444 Fourth Street
1023 Abe Lincoln
2500 Taft Avenue
EXHIBIT "B"
TO THE ORDINANCE.
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Exhibit "B"
JOINT ELECTION AGREEMENT
This agreement is made this day of 2009, by and
between the City of Port. Arthur and the Port Arthur Independent School District, the Sabine
Pass Independent School District, the PorE of Port Arthur Navigation District and the Sabine
Pass Port Authority.. _
WHEREAS, the City of Port Arthur will conduct a general municipal election, the Port
Arthur Independent School District and Sabine Pass Independent School District will conduct a
general school board election, and the Port of Port Arthur Navigation District and Sabine Pass
Port Authority will conduct ageneral-port commissioner election, respectively, on Saturday, `
May 9, 2009.
WHEREAS, Section 271.002 (c) of the Texas Election Code authorizes more than one
political subdivision to enter into an agreement to hold elections jointly; and .
WHEREAS, the. City of Port Arthur, Port Arthur Independent School District, Sabine Pass
Independent School District, Port of Port Arthur Navigation District. and Sabine Pass Port.
Authority will hold elections on the same day; and
WHEREAS, the parties to this agreement desire that a joint election be held that is cost
effective and convenient for the voters of the political subdivisions.
NOW, THEREFORE, IT IS AGREED that a joint election will be held by the City of Port
Arthur, Port Arthur Independent School District, Sabine Pass Independent School District; Port
of Port Arthur- Navigation District and Sabine Pass Port Authority under the following terms and
conditions, and the parties hereto agree with said conditions:
1. Thatthere shall. be one ballot that contains all appropriate races and propositions
available for qualified voters of each political subdivision.
Joint Election Agreement t
2. That there shall be one set of voting equipment to be used at the common
polling places.
3. That each political subdivision shall be responsible for the preparation, adoption
and publication, and Spanish translation of their own Notice. of Election, Order of
Election, and requirements and other documents mandated by State Election
Code and theirgoverning body.
4. That the City of Port Arthur will be responsible for the Spanish translation of the
ballot.
5. That the implementation, conduct and management of said election shall be by
the City Secretary of the City of Port Arthur as delineated in Port Arthur City
Ordihance No. and as further amended by the Port Arthur City Council
with the polling locations delineated in Exhibits "A" and "A-1". The City
Secretary, City of Port Arthur, is hereby designated as the Chief Election
Administrator and Early Voting Clerk for each political subdivision for the election
° to be held on May 9, 2009:'The implementation, conduct and management of
-the election shall include, but not be limited to:
A. ~ The securing and placement of qualified individuals to serve as election
.judges, alternate judges and clerks. for each polling place during Early
Voting and Election Day. ;~
B. The securing of locations and facilities, where the election. is to . be
conducted'.
C. The securirg and distribution of the election materials and .supplies
requisite to the proper administratiori of the elections.
D. The securing of election equipment,.ballots and tabulations..
Joint Election Agreement
E. The conduct of joint early voting by personal appearance and by mail.
6. The amount to be reimbursed by the Port Arthur Independent.School District and
the Port. of Port Arthur Navigation District to the City of Port. Arthur for services
rendered in the May 9, 2009 elections are as follows:
A. The City of Port Arthur will first fund all costs in full, with the exception of
publications of orders/notices and other expenses related. to the entity's
required Spanish and optional Vietnamese translations and compliance of
the political subdivision with State Election Code pertaining only to
school/water districts.
B. The Port Arthur Independent School Districf and the Port of .Port Arthur
Navigation District will individually reimburse the City of Port Arthur for
certain costs as follows:
The costs of .compensation for Early Voting/Election Day
personnel/officials required for election preparation, Early Voting Ballot
Board responsibilities, election training and the performance of their
duties during the Early Voting period and on Election Day.
The costs of programming, voting equipment rentals, election supplies,
Counting Station and the Counting Station Manager and the Tabulation
Supervisors, with the exception of costs for Precinct Number 32
(Sabine Pass), shall be equally divided between the participating
political subdivisions.
C. The Sabine Pass Independent School District and the Sabine Pass Port
. Authority will individually reimburse the City, df Port Arthur for certain
costs as follows:
Ioint Election Agreement _ ~ ~ 3
The costs of compensation for Early Voting/Election Day
personnel/officials required for- election preparation„election training
and the performance of their duties during the Early Voting period and
on Election Day for Precinct Number 32.
The costs of programming, voting equipment rentals, election supplies,
election worker training session, Early Voting Ballot Board, Counting.
Station and the Counting Station Manager and Tabulation Supervisors.
for Precinct Number 32 (Sabine Pass) shall be -equally divided. between
the Sabine Pass Independent School District/Sabine Pass Port
Authority.
7. Each political subdivision shall be responsible for any necessary submissions to
the U.S. Department of Justice for preclearance under the Federal Voting. Rights
Acts.
8. Each. political subdivision shall canvass its own returns.
9. Each political subdivision shall provide the City of Port Arthur maps showing their
boundaries.
10. Each political subdivision shall be responsible for remedying any ADA compliance
issues as to buildings that it owns that will be utilized for polling places and to ,
make necessary accommodations.
11. The financial obligations of the parties under this agreement are payable from.
current revenues of the respective parties that have been- budgeted and
appropriated for the purposes set forth herein.
12. That the undersigned are. the. duly authorized representatives of the parties'
governing bodies, and their signatures represent adoption and acceptance of the
terms and' conditions of this agreement. M
Joint Election Agreement 4
APPROVED AND AGREED this day of 2009.
CITY OF PORT ARTHUR
Mayor Deloris "Bobbie" Prince
APPROVED AS TO FORM:
City Attorney Mark T. Sokolow
ATTEST:
Acting City Secretary Terri Hanks
Joint Election Ageement S
AGREED TO:
PORT ARTHUR INDEPENDENT SCHOOL DISTRICT
Port Arthur Independent School District Superintendent
Joint Election Agreement
AGREED T0:
SABINE PASS INDEPENDENT SCHOOL DISTRICT
Sabine Pass Independent School District Superintendent
Joint Election Agreement ?
AGREED TO:
PORT OF PORT"ARTHUR NAVIGATION DISTRICT
Port of Port Arthur Navigation District President
Joint Election Agreement
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` AGREED TO:
SABINE PASS PORT AUTHORITY
Sabine Pass Port Authority President
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