HomeMy WebLinkAboutPO 7122: CONDUCT OF MAY 6 2023 GENERAL ELECTION P.O. No. 7122
02/13/23 ht
updated
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE CONDUCT OF A GENERAL
ELECTION ON MAY 6, 2023 FOR THE PURPOSE OF ELECTING SIX(6)
COUNCILMEMBERS, 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; 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 six (6) Councilmembers as delineated below:
District/ Term Expiration of Term
Position
Thurman Bartle Mayor 3 year May 2025
Ingrid Holmes 1 3 year May 2023
Cal J. Jones 2 3 year May 2023
Thomas Kinlaw, III 3 3 year May 2023
Kenneth Marks 4 3 Year May 2023
Charlotte Moses 7 3 year May 2023
Donald Frank, Sr. 8 3 year May 2023
WHEREAS, the term for Council members of Districts 1, 2, 3, 4 and Positions 7 and
8 will expire May 2023; and
WHEREAS, pursuant to the City Charter Amendments approved by the voters of
the City of Port Arthur on November 2020, beginning May 2023, the two (2) At-large
Councilmembers, (i.e., Positions 7 & 8), shall be respectively designated as At-Large
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Position 5 and At-Large Position 6. All references in the Charter to Council Positions 7 and 8
are hereby replaced with At Large Position 5 and Large Position 6, respectively; and
WHEREAS,the November 2020 Charter Amendment also provided that for purpose
of staggering the terms of office, beginning on May 2023, At-Large Positions 5 &6 shall be
elected to a four-year term. At the conclusion of that term, in May 2027, the two At-Large
positions shall resume to be elected to a three-year term in the same manner as the Mayor
and the Councilmembers for Districts 1 through 4; 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 Council positions to be held in the
City of Port Arthur on the first Saturday in May of 2023, the same being May 6, 2023,
between the hours of 7:00 a.m. and 7:00 p.m. for the purpose of electing Councilmembers
for Districts 1, 2, 3, 4 and At-Large Positions 5 and 6, said Order being attached as Exhibit
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 6, 2023,
for the purpose of electing Councilmembers for Districts 1, 2, 3, 4 and At-Large Positions 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 expiring Council seat.
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Section 4. That the Notice of the election shall be published in a newspaper of
general circulation at least once, not earlier than the 30th day or later than the 10th day
before election day.
Section 5. 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 6. That one voting place shall be provided within each of the precincts or
combined precincts into which the City is divided for voting purposes.
Section 7. The term of office for Districts 1, 2, 3 &4 shall be for three years and
At-Large Positions 5 & 6 shall be for a period of four years and until his/her respective
successor shall have been elected and duly qualified.
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
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 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 third 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
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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, at least one registered voter of Jefferson County who reads and speaks the
English and Spanish languages fluently, as well as at least one registered voter of Jefferson
County who reads and speaks the English and Vietnamese languages fluently, shall be
appointed to serve at a central location to provide assistance for the Spanish and
Vietnamese speaking voters on Election Day and during Early Voting. Before serving as an
interpreter, he/she shall take the oath as delineated in Section 61.035 of the Election Code.
Section 15. That the Judges and the Alternate Judges shall be paid the sum of
eighteen ($16.00) dollars per hour and the Election Clerks shall be paid the sum of
fourteen ($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 Section 52.002 of the Texas Election Code.
Section 17.That this General City Election shall be held jointly with the Port Arthur
Independent School District, the Sabine Pass Independent School 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 contained in Exhibit "B", which the
Mayor is authorized to sign.
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Section 18. 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 (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 19. 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 20. That a copy of this Ordinance shall be spread upon the Minutes of the
City Council and shall take effect immediately from and after its passage.
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:
Councilmembers:
NOES:
THURMAN BARTIE, MAYOR
ATTEST:
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SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
VALECIA TIZENO,,C 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 GENERAL ELECTION
IN THE CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS
Notice is hereby given that the City of Port Arthur will hold a General/Joint Election
for the purpose of electing Councilmembers for Districts 1, 2, 3, 4 and At-Large Positions 5
and 6 in conjunction with the Port Arthur Independent School District, the Sabine Pass
Independent School District and the Sabine Pass Port Authority and a General Election
pertaining to the adoption of a sales and use tax for projects related to recreational or
community facilities, as authorized pursuant to section 505.152 of the Texas Local
Government Code on Saturday, May 6, 2023, 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 General 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.,
for the purpose of electing Councilmembers for Districts 1, 2, 3, 4 and At-Large Positions 5
and 6.
The term of office for Districts 1, 2, 3 & 4 shall be for three years and At-Large
Positions 5 & 6 shall be for a period of four 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 January 18, 2023 through February 17, 2023
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 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 April 24, 2023 and ending on May 2, 2023:
City Hall, 444 Fourth Street
Port Arthur Public Library, 4615 Ninth Avenue
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Exhibit"A"
Page 2
ORDER AND NOTICE OF GENERAL 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 Bartie, Mayor
City of Port Arthur website: www.portarthurtx.gov
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EXH I BIT ""A- 1"
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EXHIBIT"A-1"
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 County Election
PRECINCTS 32)
PORT ACRES ELEMENTARY 6900 JADE AVENUE
(All or a portion of Jefferson County Election Port Arthur, Texas 77640
PRECINCTS 33 & 34)
TYRRELLS ELEMENTARY 4401 FERNDALE
(All or a portion of Jefferson County 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 County 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 County 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 County Election Port Arthur, Texas 77640
PRECINCTS 57, 58, 59 and 104)
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EXHIBIT "B"
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Exhibit"B"
JOINT ELECTION AGREEMENT
This agreement is made by and between the City of Port Arthur and the Port
Arthur Independent School District, the Sabine Pass Independent School District and
the Sabine Pass Port Authority by authority of Chapter 271.001 of Election Code for
the implementation and conduct of the May 6, 2023 election.
WHEREAS, this agreement is subject to the approval of all participating parties
and shall be binding on said parties upon written approval; and
WHEREAS, the City of Port Arthur will conduct a joint municipal election, the
Port Arthur Independent School District will conduct a general school board trustee
election, , the Sabine Pass Independent School District will conduct a general school
board trustee election and the Sabine Pass Port Authority will conduct a general
commissioner election, respectively, on Saturday, May 6, 2023; and
WHEREAS, the City of Port Arthur owns the Verity electronic voting system
which has been duly approved by the Secretary of State, pursuant to Section 122.031-
122.039, and Section 122.091 of the Texas Election Code; and
WHEREAS, the parties to this agreement desire that a joint election be held on
the same day, and to use the City's electronic voting system in their elections as well
as compensate the City for such use and to share in certain other expenses connected
with such elections in accordance with the provision of Section 31.098 of the Texas
Election Code; and
WHEREAS, said elections will be cost effective and convenient for the voters of
the political subdivisions.
NOW, THERFORE, IT IS AGREED that a joint election will be held by the City of
Port Arthur, the Port Arthur Independent School District, the Sabine Pass
Independent School District, and the Sabine Pass Port Authority under the following
terms and conditions, and the parties hereto agree to said conditions:
1. That there shall be one ballot that contains all appropriate races and
propositions available for qualified voters of each political subdivision.
2. That said elections shall be held in accordance with the Constitution and laws
of the State of Texas and the City Charter, and all duly qualified voters of the
City of Port Arthur, the Port Arthur Independent School District, the Sabine
Pass Independent School District, and the Sabine Pass Port Authority shall be
entitled to vote; provided, however, that no voter shall be given a ballot
containing any office or proposition on which the voter is ineligible to vote.
3. That there shall be at least one set of voting equipment to be used at the
common polling places.
4. 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 their governing body.
5. That the City of Port Arthur will be responsible for the Spanish translation of
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the ballot.
6. That the election forms and records shall be combined in a manner convenient
and adequate to record and report the results of the election for the City of Port
Arthur, the Port Arthur Independent School District, the Sabine Pass
Independent School District, and the Sabine Pass Port Authority. The joint
tabulation of the precinct results shall be in a manner to facilitate the
independent canvass of returns by all entities.
7. That the implementation, conduct and management of said election shall by
the City Secretary of the City of Port Arthur as delineated in Port Arthur City
Ordinance No. 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 as well as Early Voting Clerk for each political
subdivision for the joint election to be held on May 6, 2023 and runoff election,
if necessary. The implementation, conduct and management of the elections
shall include, but not be limited to:
a. The securing of qualified individuals to serve as election judges and
clerks for each polling place within a voting precinct.
b. The securing of locations and facilities where the election is to be
conducted.
c. The securing of election materials and supplies requisite to the proper
administration of the elections, and the programming and preparation
of voting equipment to be used in the election.
d. Providing election equipment, ballots and tabulations.
e. The conduct of joint early voting by personal appearance and by mail.
f. The Chief Election Administrator shall serve as general custodian of
election records in the joint election.
8. Election expenses incurred as the result of the services rendered by the City of
Port Arthur in the May 6, 2023 election shall be apportioned as follows:
a. The City of Port Arthur will first fund all costs in full, other than
publications of each entity's order and notice of election and other
expenses related to the required Spanish and optional Vietnamese
translations and compliance of the political subdivision with the Texas
Election Code, and that all parties to this agreement shall pay a pro-rata
share of the following (but not limited to) election expenses:
• The implementation and conduct of Election Day and Early Voting,
inclusive of election preparation, supplies and personnel.
• The cost for election personnel to attend an election school held by the
designated Chief Election Administrator and the expenses of conducting
the training.
• Delivery of election equipment and supplies to the polling locations.
• The cost for applicable polling location expenses.
• The cost incurred for materials and postage for the distribution of ballots
by mail.
• Any additional equipment deemed necessary and/or desirable for the
holding of said election.
• 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.
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• The costs of programming, voting equipment rentals, election supplies,
Counting Station and the Counting Station Manager and the Tabulation
Supervisors.
• The cost incurred or the employment and/or use of such personnel as
the Chief Election Administrator deems necessary to program and
operate the automatic tabulating equipment in accordance with
Sections 124.066, 127.001-006 and 127.121.122 of the Texas Election
Code.
b. The Port Arthur Independent School District, the Sabine Pass
Independent School District and the Sabine Pass Port Authority will
individually reimburse the City of Port Arthur for certain costs as follows:
• The costs of compensation for Early Voting and Election Day
personnel/officials required for election preparation, election training
and the performance of their duties during the election period for
Precincts 32 and 58
c. It is understood that the City of Port Arthur may incur costs and
expenses in connection with the making of arrangements and
preparations for the election, and that in the event the joint election to
be held is enjoined or canceled, or if for any reason whatsoever the
parties to this agreement shall decide not to proceed with the joint
election to be held at the expense of the City of Port Arthur, or if the date
of the election to be held by the respective parties is postponed or
changed, the parties shall pay a pro-rata share of applicable expenses
incurred up to the date of written notification of cancelation.
9. In connection with the performance of this contract, neither the City of Port
Arthur nor the Chief Election Administrator shall be liable to third parties for
any default of the parties to this agreement in connection with the holding of
the joint election, including the failure by such entities to pay any expenses
hereunder, and such Entities shall not be liable to third parties for any default
of the City of Port Arthur or the Chief Election Administrator in connection with
the holding of the joint election.
10.Each political subdivision shall be responsible for the preparation of election
resolutions, ordinances, and other pertinent documents for the adoption or
execution by the proper officer of said party, and no party hereto shall have
the responsibility or duty in connection with such preparations by any other
party thereto.
11.The contracting parties shall prepare the Notice and Order of Election and
submit the documents to the entities for execution by the proper officers.
12.Each political subdivision shall canvass its own returns.
13.Each political subdivision shall provide the City of Port Arthur maps showing
their boundaries.
14.Each political subdivision shall be responsible for remedying any ADA
compliance issues as to buildings that it owns that will be utilized for polling
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places and to make necessary accommodations.
15.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.
16.The parties to this agreement shall pay the City of Port Arthur their pro-rata
share of expenses after the receipt of the bill from the Chief Election
Administrator detailing actual costs.
17.That the undersigned are the duly authorized representatives of the parties'
governing bodies, and their signature represents adoption and acceptance of
the terms and conditions of this agreement.
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APPROVED AND AGREED to this day of 2023.
CITY OF PORT ARTHUR
Mayor Thurman Bill Bartie
APPROVED AS TO FORM:
Valecia Tizeno, City Attorney
ATTEST:
Sherri Bellard, City Secretary TRMC
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APPROVED AND AGREED to this day of 2023.
PORT ARTHUR INDEPENDENT SCHOOL DISTRICT
Dr. Mark Porterie, Superintendent
Port Arthur Independent School District
ATTEST:
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APPROVED AND AGREED to this day of 2023.
SABINE PASS INDEPENDENT SCHOOL DISTRICT
, Superintendent
Sabine Pass Independent School District
ATTEST:
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APPROVED AND AGREED to this day of 2023.
SABINE PASS PORT AUTHORITY
, Manager
Sabine Pass Port Authority
ATTEST:
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