HomeMy WebLinkAboutPO 5973: MAY 9, 2009 SPECIAL ELECTIONinteroffice:
MEMORANDUM"
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City Attorney ~~ ~~~~
Date: .February 20, 2009
Subject: P. O. No. 5973; Council Meeting February 24, 2009
Attached is P'. O. No. 5973 providing for the conduct of a
Special Election on May 9,. 2009 to submit a proposition as to
whether or not the existing Section 4A Sales Tax shall be utilized
for various categories of -projects as described in Section 4B of
Article 5190.6, Vernon's Texas Code Annotated, and providing for
publication of the Election Notice. The 80th Legislature adopted HB
2278. Therefore, effective April 1, 2009, we will have Type "A" or
Type "B" Corporations. Also, a public hearing is being called for
March 31., 2009 at 6:00 p.m. and notices will be placed in the
newspaper thereon by the City Secretary.
MTS:gt
Attachment
cc: City Secretary
VIA FACSIMILE (409) 962-4445 -
Floyd Batiste
VIA FACSIMILE (409),835-2115
Guy Goodson
z.po5993_memo3 ~
P.O. No. 5973
02/13/09 is
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE CONDUCT OF A SPECIAL
ELECTION ON MAY 9, 2009 TO SUBMIT A PROPOSITION AS TO
WHETHER OR.NOT THE EXISTING SECTION 4A SALES TAX SHALL BE
UTILIZED FOR VARIOUS CATEGORIES OF PROJECTS AS DESCRIBED
IN SECTION 4B OF ARTICLE 5190.6, VERNON.'S TEXAS CODE
ANNOTATED, AND PROVIDING FOR PUBLICATION OF THE ELECTION
NOTICE
WHEREAS, pursuant to Section 4A (s) of Artricle,5.190.6 Vernon's
Texas Code Statutes,. the 'City Council is' authorized to call a
Special Election on the usage of Section 4A sales tax for
categories of projects under Section 4B Article 5190.6 Vernon's
Texas Code Statutes; and
WHEREAS, the City Council desires to submit a proposition to
the voters thereon, said proposition being described in Exhibit "A-
1" to the-Order attached hereto as Exhibit "A"; and
WHEREAS,.pursuant to Section 3.004.and Section 41.001 of the
Texas Election Code, the. City Council will order a Special Election
to be held 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 submitting a Proposition, said Order being attached
hereto as Exhibit "A"; and
WHEREAS, the 80th Legislature added Chapter 504 to the Local
Government. Code as - to delineate Section 4A Article 5190.6
corporations as Type A Corporations effective April 1,. 2009; and
WHEREAS, the 80th Legislature added Chapter 505 to the Local
Government Code as to delineate Section 4B Article 5190.6
corporations as Type B corporations, effective April 1, 200.9.
z.po5973 ~
1
NO.W 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 May 9, 2009 to submit the proposition as to the usage of
Section. 4A (Type A) funds for Section 4B (Type .B) categories ,of
projects. A-copy of said Order and Notice of Election is attached
hereto as Exhibit "A", with .the proposition being attached as
Exhibit "A-1" thereto, and"the polling locations being attached as
Exhibit "A-2" thereto. ~
Section 3. That the City Council. will take due
consideration as to the proposed cost and impact of the project or
category of projects as delineated in the proposition and .will
take due consideration, of~the comments of the citizens at the March
31, 2009 public hearing at 6:00 p:m
Section 4. That the City Secretary shall post notices of
the date, time, place, and subject of the Public Hearing in the
6
official newspaper of the City on March 7,.2009, March 14, March
21, and on March 28, 2009, and otherwise as required by law.
Section 5. That pursuant to Section 4A (s) of Article
5190.6 Vernon's Texas Code Statutes, and the~new Section. 504.152
Local Government Code, the City `Council is authorized to call an
Election on the usage of Section 4A (Type~A) sales tax for
categories of projects under-Section 4B Article 5190.6 (Type B
under Chapter 505 Local Government Code.) Vernon's Texas Code
•
z.po5993 - -
2
Statutes.
Section 6. That-one (1) voting.-place shall be provided,
(as shown in Exhibit "A-2" to the proposed. Order and Notice of
Election) within each of the precincts or combined precincts into
which the City is'divided for voting purposes.
Section 7. 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 8. 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-2"_ attached hereto; and shall be under the control and
supervision of the 'City Secretary. This includes the usage of
electronic voting equipment, which has been certified by the
Secretary of State:
^
- - ~.
Section 9. That the Robert A. "Bob" Bowers, Civic Center at
..
3401 Cultural Center Drive is hereby designated as the "Central
Counting Station"-to-receive and tabulate voted ballots.
Section 10. 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.
Section 11. That the conduct of such election shall be in
accordance with the requirements of the Voting Rights Act, the
z.po5973 _
3
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 12'. 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. 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
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 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
z.po5973
4
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
Code '
Section I3. 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 Khoi 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 Election 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. '
z.po5973' -
5
Section 14., 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 15: -That the City Secretary is hereby directed to
cause the official ballots for use at said Election to be prepared
in the manlier prescribed by Article III, of the Charter and the
Texas Election Code. '
Section 16. That this Special election shall. be held '
jointly 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. 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 agreement as approved by
Ordinance No. 09-10. ''
Section 17. That the Mayor shall cause Notice of 'this
Special 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 (30"') day nor
z.po59'l3 ~ ~ ..
6
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. l8. That the Notice of Election shall include the
location of each polling place and shall comply with Exhibit "A-2"
attached and made part hereof. That the: City of Port Arthur is
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, 8.00 Ninth
` Avenue will be utilized instead of the Queen of Vietnam Church
Rectory, located at 801 Ninth Avenue.
Section T9. That the City Attorney shall prepare and file
the necessary submission to they Justice- Department as required
under Section 5 of the Voting Rights Act.
Section 20. That the Notice of the Election for the General
and Special Election on ,May 9, 2009 may be combined, subject to the
approval as to form by the City Attorney and the Election Orders
shall-delineate the City is in both Orange and Jefferson. counties.
Section 21. That this Ordinance shall take effect
immediately from and after its passage. .
z.po5973
7
Section 22. 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'., 20D9, at a Regular Meeting of the City
Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor
Councilmembers
NOES:
ATTEST:
ACTING CITY SECRETARY
APPRO~.V~E/D~ AS T-O ~FORpM:
MAYOR
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
STEVE•FITZGIBBONS,
z.po59 /3
a
MANAGER
8
Exhibit'A°
ORDER AND NOTICE
_ OF A GENERAL ELECTION
IN THE CITY OF PORT ARTHUR, TEXAS
AS TO SUBMIT A PROPOSITION PERTAINING
TO THE ,USAGE OF SECTION 4A (TYPE A) FUNDS FOR SECTION
4B (TYPE B) CATEGORIES
Notice is hereby given that the City of Port.Arthur that is located in Jefferson and Orange Counties will hold a Joint
Election in conjunction 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 on Saturday, May 9, 2009, between the hours 7:00 a.m.
and 7:00 p.m.
I, Deloris "Bobbie" Prince, 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 Saturday, May 9, 2009, between the hours
of 7:00 a.m. and 7:00 p.m., for the purpose of submitting a proposition to the voters as delineated in Exhibit "A-1" as to use
Section 4A (Type A) funds for Section 4B (Type B) categories of projects. `
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-2". 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, 2237 Canal
Sabine Pass School, 5641 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: _
St. 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 i, 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 main early voting polling place:
City Nall, 444 Fourth Street
- ORDER AND NOTICE OF GENERAL ELECTION Exhibit "A°
TO BE HELD MAY 9, 2009 Page 2
Please contact the City Secretary's Office at (409) 983-8115 for an Applicatioh for a Ballot by Mail.
Applications for a Ballot by Mail shall be mailed to: '
City of Port Arthur Or City of Port Arthur
Ailing 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 2008.
Deloris "Bobbie" Prince, Mayor
City of Port Arthur '
5
i
S
~ , `
. .EXHIBIT"A-1~~
.1
PROPOSITION
PROPOSITION.:
"For the next three (3) years, commencing on October 1, .
2009, and. extending until September 30, 2012, shall the
existing Section 4A (Type A) Sales and Use Tax within the
City of Port Arthur be utilized -for cost of demolition of
dilapidated ~ structures and infrastructure limited to
streets and roads, rail spurs, water and sewer utilities,
electric and gas utilities, drainage, site improvements, _..
and. related improvements necessary to promote or :develop
new or expanded business .enterprises. within a project area'
from 7th Street to the Intracoastal Canal and from Martin
Luther King, Jr. Drive to Lake Charles Avenue- within the
City of Port Arthur, Texas, which is a category of projects
under Section 4B of Article- 5190.6 -Verndn's Texas Code
Annotated (Type B of Section 505.155 Local Government
,Code), with the condition that the total annual spending on
all Section 4B (Type B) Projects by the City of Port Arthur
° Section 4A Economic Development Corporation will not exceed
$750,000. Said period of time can be extended an
additional three (3) years by the City Council by a two-
thirds (=~) vote of the City Council after reviewing public
comment on the proposed cost and impact of the projects."
z.po5973~ropoaition
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 & PAPORT 60 & 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 of Jefferson
County Election Precincts 50 & 51)
DEQUEEN ELEMENTARY SCHOOL
(All or a portion of Jefferson
County Election Precincts 52 Sc 53)
PORT ARTHUR CITY HALL
(All or a portion of Jefferson 3
County_Election Precinct 54, 55, 57 & 81)
MEMORIAL NINTH GRADE CAMPUS
(fORMERL YLINCOLN HIGH SCHOOL)
(All or a portion of Jefferson
County Election Precincts 58; 59 & 94)
TAFT ELEMENTARY SCHOOL
(All or a portion of Jefferson
County Election Precinct 71 and. a portion of
Orange County Election Precinct 28)
4 '
POLLING PLACES:
5641 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 °q-2~