HomeMy WebLinkAboutPO 7120: SPECIAL ELECTION ON MAY 6, 2023 REGARDING CHARTER CHAPTER 271 (REQUESTED BY COUNCILMEMBER JONES) P.O. No. 7120
01/11/23 ht
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE CONDUCT OF A SPECIAL
ELECTION ON MAY 6, 2023 TO SUBMIT A PROPOSITION AS TO
WHETHER OR NOT THE CITY CHARTER SHALL BE AMENDED IN
ACCORDANCE WITH CHAPTER 271 OF THE TEXAS ELECTION CODE,
AND PROVIDING FOR THE PUBLICATION OF THE ELECTION NOTICE
(REQUESTED BY COUNCILMEMBER JONES)
WHEREAS, pursuant to Section 9.004 Texas Local Government Code, the City
Council may on its own motion by the approval of an ordinance, submit a proposed charter
amendment to the municipality's qualified voters for their approval at an election.
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 first Saturday in May
2023, the same being May 6, 2023, 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 pursuant to Section 9.004 of the Texas Local Government Code,
the ordinance ordering the election shall provide for the election to be held on the first
authorized uniform election date prescribed by the Election Code or on the earlier of the
date of the next municipal general election or presidential general election. The election
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date must allow sufficient time to comply with other requirements of law and must occur
on or after the 30th day after the date the ordinance is adopted.
Section 3. That pursuant to the provisions of Section 9.004 and Section 9.006
Texas Local Government Code, a Special Election is hereby ordered to be held on May 6,
2023, to submit the proposed Charter amendment. A copy of said Order and Notice of
Election is attached as Exhibit "A", with the proposed Charter Amendment being attached
as Exhibit "A-1" thereto, and the polling locations being attached as Exhibit "A-2" thereto.
Section 4. That the Notice of the election 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.
Section 5. That as required by Section 52.072 of the Texas Election Code said
amendment shall appear on the ballot as a proposition.
Section 6. 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 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 at the locations
shown on Exhibit"A-1"attached hereto; and shall be under the control and supervision of
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the City Secretary. This includes the usage of electronic voting equipment certified by the
Secretary of State.
Section 9. 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 10. That the Robert A. "Bob"Bowers Civic Center at 3401 Cultural Center
Drive is hereby designated as the"Counting Station"to receive and tabulate voted ballots.
Section 11. That pursuant to Section 67.003 of the Texas Election Code, each
local canvassing authority shall convene to conduct the local canvass at the time set by the
canvassing authority's presiding officer not earlier than the eighth day or later than the
11th day after election day. The City Council of the City of Port Arthur shall meet on
Wednesday, May 17, 2023, which is the 11th day following the election day (May 6, 2023),
and officially canvass the returns and declare the results of said Election.
Section 12. 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 13. 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
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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 Code
Section 14. 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, 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 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.
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Section 15. That the Judges and the Alternate Judges shall be paid the sum of
eleven ($16.00) dollars per hour and the Election Clerks shall be paid the sum of nine
($14.00) 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 16. 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 17. 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 (301 day nor later than the tenth (loth) 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 18. That the Notice of Election shall include the location of each polling
place and shall comply with Exhibit "A" attached and made part hereof.
Section 19. 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., 2023, at a Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote: AYES:
Mayor:
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Councilmembers:
NOES:
THURMAN BARTIE, MAYOR
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
VALECIA TIZENO, CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
RONALD BURTON, CITY MANAGER
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EXHIBIT "A"
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Exhibit"A"
ORDER AND NOTICE
OF A SPECIAL ELECTION
IN THE CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
Notice is hereby given that the City of Port Arthur will hold a Special Election for the
purpose of to submit a proposition as to whether or not the City Charter shall be amended
in accordance with Chapter 271 of the Texas Election Code as authorized pursuant to
section 9.004 of the Texas Local Government Code on Saturday, May 6, 2023.
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 Special Election to be held in the City of Port
Arthur, Texas, on Saturday, May 6, 2023, between the hours of 7:00 a.m. and 7:00 p.m.,
to submit a proposition as to whether or not the City Charter shall be amended.
Said election shall be by Electronic Voting System as provided in Section 123.001 of
the Election Code, Section 9.004, et eq., Local Government Code and the City Charter.The
location of each polling place is shown in 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 Monday, April 24, 2023 and ending on Tuesday, May 2, 2023.
City Hall will conduct extended hours between the hours of 8:00 a.m. and 6:00 p.m. on
Monday, May 1, 2023 and Tuesday May 2, 2023.
City Hall, 444 Fourth Street, Port Arthur, Texas 77640
Port Arthur Public Library, 4615 Ninth Avenue, Port Arthur, Texas 77642
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Exhibit"A"
Page 2
ORDER AND NOTICE OF SPECIAL ELECTION
TO BE HELD MAY 6, 2023
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 citysecretary@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
Applications for Mail Ballots by mail must be received no later than the close of
business on Tuesday, April 25, 2023.
Issued this day of , 2023.
Thurman Bill Bartle, Mayor
City of Port Arthur website: www.portarthurtx.gov
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EXH I BIT ""A- 1"
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PROPOSITION:
Shall Article II of the Charter of the City of Port Arthur be amended to reflect the
following?
Beginning May 2025,the position of Mayor shall be elected at-large,by plurality, for a
two-yearterm. Candidatesfor Mayor must reside in the City and if elected,
maintain residency during the term. Apersonelectedorappointedtothe
office of Mayor may not serve more than three consecutive two-year terms.
Shall Article II of the Charter of the City of Port Arthur be amended to reflect the
following?
Beginning May 2026, each position of City Councilmember for Districts 1, 2, 3 and 4 shall be
elected by single member district, by plurality, for a two-year term. Candidates for City
Councilmember for Districts 1, 2, 3 and 4 must reside in the District and i f
elected, maintain residency in the district during the term. Aperson
elected or appointed to the position of City Councilmember for either Districts 1, 2, 3 or 4
may not serve more than three consecutive two-year terms in the same position.
Beginning May 2027,the position of City Councilmember for District 5 shall be elected by
multi-member district,by plurality, composed of City Councilmember Districts 1 and 4, for a
to a two-year term. Candidates for City Councilmember for District 5 must reside in t h e
District and if elected, maintain residency in the District during
the term. A person elected or appointed to the office of City Councilmember for District
5 may not serve more than three consecutive two-year terms in the position.
Beginning May 2027,the position of City Councilmember for District 6 shall be elected by
multi-member district, by plurality, composed of City Councilmember Districts 2 and 4, for a
to a two-year term. Candidates for City Councilmember for Districts 6 must reside in
the District and if elected, maintain residency in the District
during the term. A person elected or appointed to the office of City Councilmember
for District 6 may not serve more than three consecutive two-year terms in the position.
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EXHIBIT"A-2"
ELECTION PRECINCTS: POLLING PLACES:
R. L. ELDRIDGE COMMUNITY CENTER 5262 S. GULFWAY DRIVE
(SABINE PASS) Port Arthur, Texas 77655
(All or a portion of Jefferson Conty Election
PRECINCTS 32)
PORT ACRES ELEMENTARY 6900 JADE AVENUE
(All or a portion of Jefferson Conty Election Port Arthur, Texas 77640
PRECINCTS 33 & 34)
TYRRELLS ELEMENTARY 4401 FERNDALE
(All or a portion of Jefferson Conty Election Port Arthur, Texas 77642
PRECINCTS 42, 43, 44, 47, 48, 49, 60, 61, 71, 76, 93 and 102)
PORT ARTHUR PUBLIC LIBRARY 4615 NINTH AVENUE
(All or a portion of Jefferson Conty Election Port Arthur, Texas 77642
PRECINCTS 45, 46, 70, 81, 82, 95, 96, 98 and 105)
PORT ARTHUR CITY HALL 444 4TH STREET
(All or a portion of Jefferson Conty Election Port Arthur, Texas 77640
PRECINCTS 50, 51, 52, 53, 54 and 55 )
ABRAHAM LINCOLN MIDDLE SCHOOL 1023 ABE LINCOLN
(All or a portion of Jefferson Conty Election Port Arthur, Texas 77640
PRECINCTS 57, 58, 59 and 104)
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