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HomeMy WebLinkAboutPO 7041: SPECIAL ELECTION ON MAY 7, 2022, SLE OF VARIOUS LAND LOCATED ON PLEASURE ISLAND (REQUESTED BY COUNCILMEMBERS MOSES, JONES AND MAYOR PRO TEM FRANK P.O. No. 7041 02/11/2022 vrt/gt ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE CONDUCT OF A SPECIAL ELECTION ON MAY 7, 2022 TO SUBMIT A PROPOSITION REGARDING THE SALE OF VARIOUS LAND LOCATED ON PLEASURE ISLAND IN THE CITY OF PORT ARTHUR AND PROVIDING FOR PUBLICATION OF THE ELECTION NOTICE (REQUESTED BY COUNCILMEMBERS MOSES, JONES AND MAYOR PRO TEM FRANK) WHEREAS, the City Council desires to submit a proposition to the voters of the City of Port Arthur as to the sale of various land located on Pleasure Island in the City of Port Arthur, to be sold according to the specific requirements of the City Charter, Texas Local Government Code, Texas Parks and Wildlife Code, as described in Exhibit "A-1" to the Order attached hereto as Exhibit "A"; and WHEREAS, pursuant to Texas Parks and Wildlife Code Section 26.01(a) a municipality of this state may not approve any program or project that requires the use of any public land designated and used prior to the arrangement of the program or project as a park, recreation area, scientific area, wildlife refuge, or historic site, unless the municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use of such land; and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, recreation area, scientific area, wildlife refuge, or historic site, resulting from the use; and s.po7041_Sale of Land on Pleasure Island WHEREAS, pursuant to Texas Parks and Wildlife Code Section 26.02 the program or project requires notice and a public hearing before approval, the notice must be given in writing to City of Port Arthur. The notice must state clearly the proposed program or project and the date and place for the public hearing. The notice must be given at least 30 days before the date for the public hearing. The notice must also be given to the public by publishing a notice once a week for three consecutive weeks. The last days of publication must not be less than one week or more than two weeks before the date of the hearing. The notice must be published in a newspaper of general circulation, which paper must be published at least six days a week in Jefferson County. WHEREAS, pursuant to Texas Local Government Code Section 253.001(b) land owned, held, or claimed as a park may not be sold unless the issue of the sale is submitted to the qualified voters of the municipality at an election and is approved by a majority of the votes received at the election; and WHEREAS, pursuant to Texas Local Government Code Section 253.001 (d) the proceeds of the sale may be used only to acquire and improve properly for the purposes for which the sold property was used; and WHEREAS, pursuant to Article XIV, Section 7 of the City Charter, the following proposition is being presented to the voters as to the sale of various land on Pleasure Island; and WHEREAS, the City shall obtain certified appraisals for the land in order to obtain fair market value for said sale; and s.po7041_Sale of Land on Pleasure Island WHEREAS, pursuant to Texas Parks and Wildlife Code Section 26, a public hearing is also required; 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 first Saturday in May 2022, the same being May 7, 2022, 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". 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 May 7, 2022, to submit a proposition as to the sale of various land on Pleasure Island in the City of Port Arthur, at their appraised value. A copy of said Order and Notice of Election is attached hereto as Exhibit "A", with the proposition being attached in substantially the same form 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 sale of various land located on Pleasure Island pursuant to Chapter 26 of the Texas Parks and Wildlife Code, as delineated in the proposition and will take due consideration of the comments of the citizens at the , 2022 public hearing at 9:00 a.m. Section 4. That the City Secretary shall post notices of the date, time, place, and subject of the Public Hearing in the official newspaper of the City on s.po7041_Sale of Land on Pleasure Island 2022, , 2022 and , 2022 and otherwise as required by law. Additional notice will also be given pursuant to Chapter 26 of the Texas Wildlife Code. Section 5. That one (1) voting place shall be provided, (as shown in Exhibit"A- 2" 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 6. 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 7. 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 8. That said election shall be by Electronic Voting System as authorized in Texas Election Code Sec. 123.001. Early voting shall be conducted in accordance with the Joint Election Agreement and Election Services Contract between Jefferson County and the City of Port Arthur at the locations shown on Exhibit "A-1" attached hereto; and shall be under the control and supervision of the Jefferson County Clerk. Section 9. That the Jefferson County Clerk shall conduct the Joint Election. Section 10. That pursuant to Section 67.003 of the Texas Election Code, the City Council of the City of Port Arthur shall meet within eleven (11) days following election s.po7041_Sale of Land on Pleasure Island day (May 7, 2022) 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 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 12. That this Special City election shall be held jointly with Jefferson County in accordance with Chapter 271 of the Texas Election Code. The Jefferson County Clerk agrees to coordinate, supervise, and handle all aspects of administering said joint election in accordance with the provisions of the Texas Election Code. Section 13. 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 14. That the Notice of Election shall include the location of each polling place and shall comply with Exhibit"A" and "A-2" attached and made part hereof. Section 15. That this Ordinance shall take effect immediately from and after its passage. s.po7041_Sale of Land on Pleasure Island Section 16. That a copy of this Ordinance shall be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of February, A.D., 2022, 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 APPROVED AS TO FORM: VA% h- Valecia Tizeno, ty Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager s.po7041_Sale of Land on Pleasure Island EXHIBIT "A" s.po7041_Sale of Land on Pleasure Island Exhibit"A" ORDER AND NOTICE OF A SPECIAL/JOINT 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/Joint Election for the purpose of submitting a proposition as to the sale of various land located on Pleasure Island in the City of Port Arthur on Saturday, May 7, 2022, 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 Joint Election to be held in the City of Port Arthur, Texas, on Saturday, May 7, 2022, between the hours of 7:00 a.m. and 7:00 p.m., for the purpose of electing a Mayor and to submit a proposition as to the sale of various land located on Pleasure Island in the City of Port Arthur. The term of office for the Mayor shall be for a period of three years 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 January 19, 2022 through February 18, 2022 at 5:00 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. The location of each polling place is shown on Exhibit "A-1". 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©portarthurtx.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 Regardless of delivery applications for Mail Ballots by mail must be received, regardless of the delivery method, no later than the close of business on Tuesday, April 26, 2022. Issued this day of , 2022. Thurman Bartle, Mayor City of Port Arthur s.po7041_Sale of Land on Pleasure Island EXHIBIT "A-1" s.po7041_Sale of Land on Pleasure Island Proposition: Shall the City Council be authorized to sell a fee title or interest in land that the municipality owns, holds, based upon a certified appraisal, to-wit: Various land located on Pleasure Island in the City of Port Arthur legally described as: 35.24 ACRES OF LAND OUT OF THE H. L. MCKEE SURVEY ABSTRACT NO. 930, CITY OF PORT ARTHUR SURVEY ABSTRACT NO. 931 & ABSTRACT NO. 932 JEFFERSON COUNTY, TEXAS s.po7041_Sale of Land on Pleasure Island EXHIBIT "A-2" s.po7041_Sale of Land on Pleasure Island May 7th Uniform Election May 1,2022 Countywide Polling Piaces (Version unlfnrme del 7 de nuyo) P arc.taro d-2022) (Losorm de voromfm en rode elcondodo) Precincts Voting at ' Loealiort ❑ty,State,Lip toile • Election.Day Polling Places(Localltaciones) ADDRESS(OI ecci6n) , ' (Ciuitat,Estado,Cddigo (frednt devohnAn - postal) `en el Lptnivaclon). ALL(locos) Amelia Elementary School(Gymnasium) 565 S.Major Dr Beaumont,TX 77707 ALL(tudos) Beaumont Municipal Airport(Conference Room)455 Keith Ad. Beaumont,TX 77713 ALL(Weis) Bevil Oaks City HaB 13560 Shier Oaks Blvd. Bevil Oaks,TX 77713 `ALL(locos) 815D Administration Building(Boardroom) 3395 Harrison Ave. Beaumont,TX 77706 r ALL(todos) Dishmari Elementary(Gymnasium) 3475 Champions Dr. Beaumont,TN 77707 ALL(lodos) O.G Mike Taylor Career Center(Fast Floor Old 2330 North St Beaumont,TX 77702 Library) Precinct 1 Service Center(Front Conference ALL(locos) ) 20205 W,Hwy.90 Chine,TX 77613 Room , .4.1.4,(todos) Rogers Park Community Center 6540 Gladys Ave. Beaumont,TX 77706 ALL(lodos) Roy Guess Elementary(xdy near 8055 Voth Rd. Beaumont,TX 777C8 Gymnasium) ALL((odor) Hebert Library(Community Room) 2025 Merriman St. Port Neches,TX 77651 ALL(locos) Jefferson kb y�County WOO 10 Fire Station(Front 2024 Spur-lock Rd Nederland,TX 77627 ALL(lodos) Groves Public Library(Front Meeting Room) 5600 West Washington Groves,TX 77619 ALL(codas) Jerry Ware Airport Terminal(Gouferenre Room off 5000Jerry Ware Dr. Beaumont,TX 77705 Math Lobby) ALL(locos) Play Chesser Office Building(Courtroom) 19217 FM 365 Beaumont,TX 77705 ALL(sodas) Jefferson County E5D 64(Main Meeting Room) 12880 FM 365 Beaumont,TX 77705 Marion&Ed Hughes Public Library(Meeting ALL(uudas) Room) 2712 Nederland Ave. Nederland,TX 77627 Port Neches City Hall(Council Chambers-Roam ALL((odds.) 10Q) 1005 Merriman Port Neches,TX 77651 • ALL(rod) Groves Activity Building(Lounge) 6150 39th Street Groves,TX 77619 AU(lodos) DeQueen Elementary(Fifth Grade'loll) 740 Dedueen Blvd. Port Arthur,TX 77640 ALL_(iodise) Zion till Baptist Church(Education Building) 5648 Roosevelt Ave. Port Arthur,TX 77640 ALL(/odos) Jefferson County Sub-Courthouse(Foyer) 525 Lakeshore Dr. Port Arthur,1X 77640 ALL(tasks) Forma Dowling Elementary Campus(Library) 6301 Pat Ave Port Arthur,TX 77640 ALL(sodas) 4440 Collins Retirement Center(Sadkl Sendce 4440 Gulfway Dr. Port Arthur,TX 77642 ALL(Judos) Port Arthur Library(Lucy Stdefel Gonery) 4615 9th Ara Port Arthur,TX 77642 , .4LL.(dodos) Queen of Vietnam Catholic Church(St.Joseph 8019th Ave Port Arthur,TX 77642 HOG) ALL(rocks) R.L Gabby Eldridge Center 5262 S.G❑Ifway D, Sabine Pass,TX 77655 ALL(lodo.i) Travis Elementary(library) 1115 Lakeview Ave. Port Arthur,TX 77642 ALL(sodas) Willie Ryman.Community Center 3248 39th Street Port Arthur,TX 77642 ALL(todos) Alice Keith Park Recreation Center 4075 Highland Ave. Beaumont,TX 77705 ALL(locos) Charlton-Pollard Elementary(Gymnasium) 825 Jackson 5t Beaumont,TX 77701 Lamar ALL(ludas) RomJUnlvarshty ManFagrro Center,([ardtnal Club ALL S.MLK NWT Beaumont,TX 77705 ALL(todos) Hamshire VFD and Community Center 12318 2nd St. Hemshire,TX 77622 ALL(Woe) Jefferson County Courthouse(Lobby) 1085.Pearl St Beaumont,TX 77701 ALL(locos) MLR Middle School(Gymnasium) 1400 Avenue A Beaumont,TX 77701 • ALL(lodus) John Paul Davis Community Center 3580 E.Lucas Dr. 3eaumom,TX 77703 ALL(locos) Precinct Service Center(Conference Room) 7780 Boyt Rd. .Beaumont,TX 77713 ALL(forks) Sterling Pruitt Center(Multi-purpose Room) 2930 Gulf St. Beaumont,TX 77703 ALL(Mcos) Theodore Johns Library(Meeting Room) 4255Fanne:tRd. Beaumont,TX 77705 ~**Denotes Change