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HomeMy WebLinkAboutPO 7138: AMENDING ORDINANCE NO. 23-03 MAY 6, 2023 GENERAL ELECTION P.O. No. 7138 03/22/2023 sb ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 23-03 FOR THE PURPOSE OF CANCELLING THE CONDUCT OF A JOINT ELECTION WITH THE SABINE PASS INDEPENDENT SCHOOL DISTRICT; PROVIDING FOR THE CONDUCT OF THE 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; 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 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 s.po7138 Page 1 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 "A". Pursuant to Charter Amendments approved by the voters of the City of Port Arthur on November 3, 2020, beginning May 2023, the two (2) at large positions, shall be respectively designated as At-Large Position 5 and At-Large Position 6, respectively and it also provided for the staggering of the terms of office. WHEREAS, pursuant to Ordinance No. 23-03, the City Council also authorized joint elections with the Port Arthur Independent School District, Sabine Pass Independent School District and the Sabine Pass Port Authority to be held on May 6, 2023. WHEREAS, the Sabine Pass Independent School District has provided formal notice to the City that it wishes to cancel its election. 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 Ordinance No. 23-03 is herein amended as to cancel the Joint Election with the Sabine Pass Independent School District , as evidenced in the submitted documents attached hereto as Exhibit "B". Section 4. 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. s.po7138 Page 2 Section 5. 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 6. 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 7. 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 8. The term of office for Districts 1, 2, 3 &4 shall be for three years and 4 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 9. 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 10. That said election shall only provide one kind of voting system as mandated by Texas Election Code Sec 123.005. Section 11. 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 12. 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 s.po7138 Page 3 canvass the returns and declare the results of said Election. In the event that a candidate does not receive the majority of votes cast in the General Election, a runoff election shall be held as provided in Section 2.025(a) of the Texas Election Code. Section 13. That the conduct of such election shall be in accordance with the requirements of the Section 272.001 and Section 272.004 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 14. 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 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 s.po7138 Page 4 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 15. 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 16. 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 17. 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 18.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 s.po7138 Page 5 I 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 4 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 4 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. Section 21. 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 s.po7138 Page 6 ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED S TO FORM: VaL VALECIA TIZENO, ATTORNEY APPROVED FOR ADMINISTRATION: RONALD BURTON, CITY MANAGER s.po7138 Page 7 EXHIBIT "A" • s.po7138 Page 8 I Exhibit"A" ORDER AND NOTICE OF A GENERAL/JOINT 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 and the Sabine Pass Port Authority 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/Joint 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. 4 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, 444 Fourth Street Port Arthur Public Library, 4615 Ninth Avenue Extended hours of Early Voting by personal appearance will be conducted on Monday, May 1, 2023, and Tuesday, May 2, 2023, between the hours of 8:00 a.m. and 6:00 p.m. at the following location of the main early voting polling place: City Hall, 444 Fourth Street s.po7138 Page 9 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 ICity of Port Arthur website: www.portarthurtx.gov I s.po7138 Page 10 EXHIBIT "A- 1" I s.po7138 Page 11 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 32A & 32B) PORT ACRES ELEMENTARY 6900 JADE AVENUE (All or a portion of Jefferson County Election Port Arthur, Texas 77640 PRECINCTS 29, 33, 34, 35, 80 & 101) TYRRELL 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) PORT ARTHUR PUBLIC LIBRARY 4615 NINTH AVENUE (All or a portion of Jefferson County Election Port Arthur, Texas 77642 PRECINCTS 45, 46A, 46B, 46C, 46D, 70, 81, 82A, 82B, 82C, 82D, 95, 96, 97 & 98) 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 32C, 32D, 57, 59 and 104) s.po7138 Page 12 EXHIBIT "B" s.po7138 Page 13 AW12-2 Prescribed by Secretary of State Section 2.051 -2.053,Texas Election Code 2,14 ORDER OF CANCELLATION ORDEN DE CANCELACION The Sabine Pass ISD hereby cancels the election scheduled to be held on (official name of governing body) Mai 6,2023 in accordance with Section 2.053(a)of the Texas (date on which election was scheduled to be held) Election Code. The following candidates have been certified as unopposed and are hereby elected as follows: El Sabine Pass[SD por la presente cancela la elecciOn que,de to contrario. (nombre oftcial de la entidad gobernanle) se hubiera celebrado el Mayo 6.2023 de c•onfornudad,con (fecha en que se hubiera celebrado la eleceion) la Seccion 2.053(a) del COdigo de Elecciones de Texas. Los siguientes candidatos han sido certificados como candidatos unicos y por la present e quedan elegidos como se haya indicado a continuation: Candidate(Candidato) Office Sought(Cargo al que presenta candidature) Julie Saunders Board Member Charlene Deslatte Board Member A copy of this order will be posted on Election Day at each polling place that would have been used in the election. El Dia de las Elecciones se exhibird una copia de esta orden en Codas las mesas electorates que se hubieran utilizedo en la election. resident (Presidente) • Seer ary(Seeretario) _ (seal)(sello) :�•' ,,'', '• ,✓larch 20.2023 l J ,. Date of adoption (Fecha de adoption) See reverse side for instructions Instrucciones en el reverso