HomeMy WebLinkAboutPO 7322: AMENDING ORD 25-10 CANCELLING THE JOINT ELECTION WITH SABINE PASS INDEPENDENT SCHOOL DISTRICT P.O. No. 7322
03/06/2025 sb
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 25-10 FOR PURPOSE
OF CANCELLING THE CONDUCT OF A JOINT ELECTION WITH THE
SABINE PASS INDEPENDENT SCHOOL DISTRICT; PROVIDING FOR
THE CONDUCT OF THE MAY 3, 2025 GENERAL ELECTION FOR THE
PURPOSE OF ELECTING A MAYOR, IN THE CITY OF PORT ARTHUR,
TEXAS; PROVIDING FOR A JOINT ELECTION WITH THE PORT
ARTHUR 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, 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/At-Large Term Expiration of
Position Term
Thurman Bartie Mayor 3 years May 2025
Councilmembers
Willie "Bae" Lewis 1 3 years May 2026
Tiffany Hamilton Everfield 2 3 years May 2026
Doneane Beckcom 3 3 years May 2026
Harold Doucet 4 3 years May 2026
Thomas Kinlaw, III At-Large Position 5 4 years May 2027
Donald Frank, Sr. At-Large Position 6 4 years May 2027
WHEREAS, the term for Mayor will expire May 2025; and
WHEREAS, pursuant to Section 3.004 and Section 41.001 of the Texas Election
Code, the City Council shall order a General Election to be held on the first Saturday in May
2025, the same being May 3, 2025, between the hours of 7:00 a.m. and 7:00 p.m. for the
purpose of electing a Mayor, said order being attached as Exhibit "A".
WHEREAS, the governing body for the Sabine Pass Independent School District has
submitted a cancellation notice, as delineated in Exhibit"B", and will no longer be included
} in the May 3, 2025 General/Joint Election.
s.po7322 Page 1
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 3, 2025,
for the purpose of electing a Mayor. A copy of said Order in substantially the same form as
attached hereto as Exhibit"A".
Section 3. That Ordinance No. 25-10 is herein amended as to cancel the Joint
Election with Sabine Pass Independent School District, as evidenced in the submitted
documents attached hereto as Exhibit "B" and designate the Joint Election with the Port
Arthur Independent School District, the Port of Port Arthur Navigation District, and the
Sabine Pass Port Authority.
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 Mayor position.
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 one (1) voting place shall be provided, (as shown in Exhibit"A-1"
to the proposed Order and Notice of Election, attached hereto in substantially the same
form as Exhibit"A") within each of the precincts or combined precincts into which the City
is divided for voting purposes.
Section 7. That the term of office of the person elected as Mayor shall be for
three (3) years and until his/her respective successor shall have been elected and duly
qualified.
s.po7322 Page 2
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 3rd day or later than the 11th
day after election day. The City Council of the City of Port Arthur shall meet on Wednesday,
May 14, 2025, which is the 11th day following the election day (May 3, 2025), and officially
canvass the returns and declare the results of said Election. In the event that a candidate
does not receive the majority of votes in the General Election, a runoff election shall be
held as provided in Section 2.025(a) of the Texas Election Code.
Section 12. That each candidate for an office for which this election is to be held
must be at least eighteen (18) years of age, a citizen and qualified voter of the State of
Texas and the City of Port Arthur, shall have resided twelve (12) months in the State and
twelve (12) months in the City of Port Arthur and six (6) months in their District from which
elected immediately preceding election day.
Section 13. That in accordance with Texas Election Code Sections 141.031,
143.005, and 143.007 and Section 5 of Article III of the City Charter, each candidate shall
s.po7322 Page 3
file an application with the City Secretary not later than 5 p.m., February 14, 2025 and not
earlier than January 15, 2025, stating that he/she is fully qualified under the laws of the
State of Texas and the Charter of said City to hold the office he/she seeks. Each application
shall include a statement that the candidate is aware of the nepotism law, Chapter 573
Government Code, V.T.C.A., as required by Election Code Section 141.031.
Section 14. 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 15. 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
s.po7322 Page 4
• 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
Section 16. 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 17. That the Judges and the Alternate Judges shall be paid the sum of
eighteen ($18.00) dollars per hour and the Election Clerks shall be paid the sum of sixteen
($16.00) 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 18. 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 19. That this General Election shall be held jointly with the Port Arthur
Independent School District, the Sabine Pass Port Authority, and the Port of Port Arthur
Navigation District 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
s.po7322 Page 5
of administering said joint election in accordance with the provisions of the Texas Election
Code, as outlined in the terms of the executed agreement attached hereto as Exhibit"C".
Section 20. 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 21. 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 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., 2025, at a Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote: AYES:
Mayor:
Councilmembers:
NOES:
s.po7322 Page 6
THURMAN BILL BARTIE, MAYOR
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
ROXANN PAIS COTRONEO, CITY ATTORNEY
APPROVED OR ° ' MINISTRATION:
41110MOIP""
RONALD BURTON '? MANAGER, CPM
s.po7322 Page 7
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 a Mayor in conjunction with the Port Arthur Independent School
District, the Sabine Pass Port Authority, and the Port of Port Arthur Navigation District in
accordance with Chapter 271 of the Texas Election Code on May 3, 2025.
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 3, 2025, between the hours of 7:00 a.m. and 7:00
p.m., to elect a Mayor.
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 Tuesday, April 22, 2025 and ending on Tuesday,
April 29, 2025. Extended voting hours will be conducted at City Hall and the Port Arthur
Public Library between the hours of 8:00 a.m. and 6:00 p.m. on Monday, April 28, 2025
and Tuesday, April 29, 2025.
City Hall, 444 Fourth Street, Port Arthur, Texas 77640
Port Arthur Public Library, 4615 Ninth Avenue, Port Arthur, Texas 77642
s.po7322 Page 8
Exhibit"A"
Page 2
ORDER AND NOTICE OF GENERAL/JOINT ELECTION
TO BE HELD MAY 3, 2025
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 22, 2025.
Issued this day of , 2025.
Thurman Bill Bartie, Mayor
s.po7322 Page 9
Exhibit"A"
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-BS3)
PORT ARTHUR ALTERNATIVE CENTER 6301 PAT AVENUE
(OLD DICK DOWLING SCHOOL) PORT ARTHUR, TEXAS 77640
(All or a portion of Jefferson County Election
PRECINCTS 33, 34, 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 35, 45, 46, 70, 81, 82, 95, 96, 97 and 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 32-BS1, 32-BS2,57, 59 and 104)
s.po7322 Page 10
EXHIBIT "B"
(to be presented)
s.po7322 Page 11
Lindsay Harris
From: Christel Picou <cpicou@sabinepass.net>
Sent: Friday, February 14, 2025 5:10 PM
To: Lindsay Harris
Cc: Sherri Bellard
Subject: [NON-CoPA] Re: [NON-CoPA] Joining in on the May election
Good evening, Sabine Pass will not need to join in the City of Port Arthur's May election. We have no opposing
candidates.
Thank you!
Christel Picou
Business Manager
Sabine Pass ISD
On Mon, Jan 6, 2025 at 4:38 PM Lindsay Harris<lindsay.harris@portarthurtx.gov>wrote:
Received,
Lindsay Harris
Executive Secretary
City of Port Arthur
City Secretary Office
444 4th Street
Port Arthur, TX 77640-6450
P.O. Box 1089
Port Arthur, TX 77641-1089
Office: (409) 983-8115
Fax: (409) 983-8128
E-mail: lindsay.harrisportarthurtx.gov
Web: http://www.portarthurtx.gov
City Secretary I Port Arthur, TX (portarthurtx.gov)
i
Sherri Bellard
From: Christel Picou <cpicou@sabinepass.net>
Sent: Friday, March 7, 2025 11:03 AM
To: Sherri Bellard
Subject: [NON-CoPA] Re: Cancelling Sabine Pass ISD Election
This is on our agenda for our March 17th meeting. Our February meeting was before the February
deadline.
On Fri, Mar 7, 2025 at 10:49 AM Sherri Bellard <sherri.bellard@portarthurtx.gov>wrote:
Ms. Picou:
Please see the attached 2020 Order of Cancelation for Sabine Pass ISD. Appreciate the timely email
however I need the order today if at all possible to meet our deadline to place this on the agenda.
Respectfully,
Sherri Bellard
City Secretary, TRMC
City of Port Arthur
Phone: (409) 983-8115
Fax: (409) 983-8128
444-4th Street
Port Arthur,TX 77640
P.O. Box 1089
Port Arthur,TX 77641-1089
1
EXHIBIT "C"
JOINT ELECTION AGREEMENT
This agreement is made by and between the City of Port Arthur, the Port
Arthur Independent School District, the Sabine Pass Independent School
District, the Sabine Pass Port Authority, and the Port of Port Arthur Navigation
District by authority of Chapter 271.001 of Election Code for the
implementation and conduct of the May 3, 2025 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 general 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, the Sabine Pass Port Authority will
conduct a general commissioner election, and the Port of Port Arthur
Navigation District will conduct a general commissioner election respectively,
on Saturday, May 3, 2025; 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, the Sabine Pass Port Authority, and the Port
of Port Arthur Navigation District 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
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,the Sabine Pass Port Authority, and the Port of Port
Arthur Navigation District shall be entitled to vote; provided,
s.po7311 Page 11
8. Election expenses incurred as the result of the services rendered
by the City of Port Arthur in the May 3, 2025 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.
• 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, the Sabine Pass Port
Authority, and the Port of Port Arthur Navigation District will
individually reimburse the City of Port Arthur for certain
costs as follows:
S po731i =ag 3
• 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.
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 places and to make necessary
accommodations.
s .co7311 rage 14
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.
s.po7311 Paoe 15
APPROVED AND AGREED to this —._- day of 74 � 2025.
CITY OF PORT ARTHUR
Mayor Thurman Bill Bartie
APPROVED AS TO FORM:
Roxann Pais Cotroneo, City Attorney
ATTEST:
erri Be ard, City Secretary TR'1C
;_nni31l
4
APPROVED AND AGREED to this R � day of -+4 `' 2025.
i
PORT ARTHUR INDEPENDENT SCHOOL DISTRICT
Dr. Mark Porterie, Superintendent
Port Arthur Independent School District
ATTEST:
APPROVED AND AGREED to this /' day of IArwr 2025.
PORT OF PORT ARTHUR NAVIGATION DISTRICT
arry Kelle o Director CEO
Port of rt Arth r Navigation District
ATTEST:
)61Zy l rec v? (4- bit aivc
APPROVED AND AGREED to this ,/ _ dayof / i. 2025,
SABINE PASS PORT AUTHORITY
, -
Sabine Pass Port Authority
ATTEST:
° )