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HomeMy WebLinkAboutPO 6058: GENERAL ELECTION - MAY 8, 2010P.O. No. 6058 ;, ,~~„~„~, ,,;~,,,,~„~,,,~,. 01104/2010 talth ORDINANCE N0. AN ORDINANCE PROVIDING FOR THE CONDUCT OF THE MAY 8, 2010 GENERAL ELECTION FOR THE PURPOSE OF ELECTING THE MAYOR 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 eight (8) Councilmembers as delineated below Ettl tNflcf~tl DlarlcttPcultlon Trrnt ExptnSon of Tarm Mayor Prince 3 Years May 2010 Councilmember Chatman 1 3 Years May 2011 Councilmember Segler 2 3 Years May 2011 Councilmember Albright 3 3 Years May 2011 Councilmember Flood 4 3 Years May 2011 Councilmember Beard 5 3 Years May 2012 Councilmember Williamson 6 3 Years May 2012 Councilmember Wise 7 3 Years May 2011 Councilmember Henderson 8 3 Years May 2011 WHEREAS, the term for the Mayor will expire in May 2010; and WHEREAS, pursuant to Section 3.004, 3.006 and Section 41.001 of the Texas Election Code, the City Council shall order a General Election for the Mayor's position to be held in the City of Port Arthur on the second Saturday in May, 2010, the same being May 8, 2010, between the hours of 7'00 a.m and 7'00 p.m , for the purpose of electing the Mayor, said Order and Notice of Election being attached as Exhibit "A" Po eose 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 8, 2010, for the purpose of electing the Mayor 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 the Mayor Section 4. 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 5. That all persons are qualified to vote at said election, who are qualified voters under the Constitution and Laws of the State of Texas and the City Charter Section 6. That the term of ofi'ICe of the person elected as Mayor shall be for a period of three (3) years and until his/her respective successor shall have been elected and duly qualified Section 7. 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 Exhlblt "A" 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 8. That the Robert E "Bob" Bowers Civic Center at 3401 Cultural Center Drive, Port Arthur, Texas is hereby designated as the "Counting Station" to receive and tabulate voted ballots. Section 9. That pursuant to Section 67 003 of the Texas Election Code the City Council of the City of Port Arthur shall meet on May 18, 2010, which is not earlier than the 8~ day or later than the eleventh day, following election day (May 8, 2010) and officially canvass the returns and declare the results of said Election The respective candidate, Pursuant to Article I II Section of the City of Port Arthur Charter, a majority PO 8058 of the votes cast at said election for Mayor shall be declared to be elected A runoff election shall be held as provided in Section 2.025(a) of the Texas Election Code which provides that a Runoff shall be held on June 26, 2010, not earlier than the 20th day or later than the 45th day after the date of the canvass of the main election in the event that a candidate does not receive the majority of votes cast in the General Election for Mayor Section 10. That each candidate for an office for which this election is to be held must be at least twenty-one (21) 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 from which elected immediately preceding election day Section 11. That in accordance with Texas Election Code Sections 141.031, 143 005, and 143.007 and Section 5 of Article I II of the City Charter, each candidate shall file an application with the City Secretary not later than 5 p.m., March 8, 2010 and not earlier than February 6, 2010, 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 12. That the City Secretary shall, under her official hand and seal, certify the list of candidates to the City Council and cause the names of candidates in such election to be published in the City's official newspaper prior to commencement of early voting, and shall also post such names in a conspicuous place in her office. Section 13. That the conduct of such election shall be in accordance with the requirements of the Voting Rights Act, the Federal Help America Vote Act (HAVA) and the rules of the Department of Justice, including provisions for bilingual assistance, notices, instructions, 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 PO 6058 • Presiding Judge and an Alternate Presiding Judge, Election Day Clerks, and Deputy Early Voting Clerks 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 asset 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 beset 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 15. That In addition to the election officers to be designated and appointed, Fernando Ramirez, a registered voter of Jefferson County who reads and speaks the Spanish language fluently, as well as Khol Tran, a registered voter in Jefferson County who reads and speaks the Vietnamese language fluently, are hereby 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, Fernando Ramirez and_. Khoi Tran 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 PO 8058 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 Sect(on 16. That the Judges and the Alternate Judges shall be paid the sum of ten ($10.00) dollars per hour and the Election Clerks shall be paid the sum of eight ($8.00) 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 ofi'ICial 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 18. That this General City Election shall be held jointly with the Port Arthur Independent School District, the Sabine Pass Independent School Distract 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 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 (30~) day nor later than the tenth (10~) 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 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 That the City of Port Arthur is using the same election day locations as was done in the May 9, 2009 General Election with the exception that the Sabine PO 6058 Pass Election Day/Early Day Voting locations will be at the Sabine Pass ISD School, instead of the Sabine Pass Fire Station, which was destroyed by Hurricane Ike, and that Saint Joseph's Hall, 800 Ninth Avenue will be utilized instead of the Queen of Vietnam Church Rectory, located at 801 Ninth Avenue Section 21. That the City Attorney shall prepare and file the necessary submission to the Justice Department as required under Section 5 of the Voting Rights Act. Section 22. That this Ordinance shall take effect immediately from and after its passage Section 23. That a copy of this Ordinance shall be spread upon the Minutes of the City Council READ, ADOPTED AND APPROVED on this 9~ day of February, A.D., 2010, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote. AYES: NOES: MAYOR DELORIS PRINCE ATTEST CITY SECRETARY TERRI HANKS APPR NVEDDAS TO ORM. !~ A TING CITY ATTORNEY LECIA TIZENO APPROVED FOR ADMINISTRATION CITY MANAGER STEVE FITZGIBBONS PO 8058 EXHIBIT "A" PROPOSED ORDINANCE N0.6058 PO 6058 Exhibit "A" ORDER AND NOTICE OF A GENERAL ELECTION IN THE CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS TO THE REGISTERED VOTERS OF PORT-ARTHUR, TEXAS: I, Deloris "Bobbie" Prince, 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 8, 2010, between the hours of 7:00 a.m to 7:00 p.m., for the purpose of electing the City of Port Arthur Mayor The term of office for the Mayor will be for three (3) 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 February 8, 2010 through March 8, 2010. Notice is hereby given that the City of Port Arthur, located in Jefferson and Orange Counties, Texas will hold a Joint Election in conjunction with the Port Arthur Independent School District, the Sabine Pass Independent School District and the Sabine Pass Port Authority on Saturday, May 8, 2010, between the hours of 7'00 a.m and 700 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 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 26, 2010 and ending on May 4, 2010 City Hall, 444 Fourth Street Port Arthur Public Library, 4615 Ninth Avenue Fire Station No One,1215 Woodworth H.O.P.E. Bullding 701 Rev Dr. Ransom Howard Street Fire Station No. Three, 2232 Canal Sabine Paas Independent School District, 5642 South Gulfway Drive Early Voting by Personal Appearance will be conducted on Sunday, May 2, 2010 between the hours of 8:00 a.m. and 1:00 p.m. at the following location Saint Joseph's Hall, 800 Ninth Avenue Early Voting by Personal Appearance will be conducted on Sunday, May 2, 2010, between the hours of 1:00 p.m. and 4:00 p.m. at the following locations: City Hall, 444 Fourth Street Port Arthur Public Library, 4615 Ninth Avenue Fire Station No One,1215 Woodworth H.O.P.E. Bullding 701 Rev Dr Ransom Howard Street Fire Station No. Three, 2232 Canal Early Voting by Personal Appearance will be conducted on Friday, April 30, 2010, and on Tuesday, April 4, 2010, between the hours of 8:00 a.m. and 8:00 p.m. at the following location of the main early voting polling place City Hall, 444 Fourth Street ORDER AND NOTICE OF GENERAL ELECTION TO BEHELD MAY 8, 2010 Exhibit "A" Page 2 For an Application for a Ballot by Mail, please contact the City Secretary's Office at (409) 983-8115. Applications for a Ballot by Mail shall be Mailed to. City of Port Arthur City Secretary Terri Hanks Post Office Box 1089 Port Arthur, Texas 77641-1089 Applications for a Ballot by Mail shall be Delivered to: Or City of Port Arthur City Secretary Terri Hanks 444 Fourth Street Port Arthur, Texas 77640 Applications for Mail Ballots must be received no later than the close of business on Saturday, May 1, 2010. Notice is hereby given that Election Day Polling Places are listed on Exhibit "A-1"and will be open from 7:00 a.m. to 7:00 p.m. on Saturday, May 8, 2010 for voting in the General Election to elect the City of Port Arthur Mayor On Election Day, Voters must vote in their precinct where registered to vote. Issued this day of , 2010 Mayor Deloris "Bobbie" Prince City of Port Arthur, Texas EXHIBIT "A-1" PROPOSED ORDINANCE N0.6058 PO 8058 Exhibit °A-1" h • - ' : - h SABINE PASS SCHOOL (All or a portion of Jefferson County Election Precinct 32) STEPHEN F. AUSTIN SCHOOL (All or a portion of Jefferson County Election Precincts 33, 34, 106, 111,112,113,114,115, PAISD 35 & 107 80) TYRRELL ELEMENTARY (All or a portion of Jefferson County Election Precincts 44, 47, 93, 102, PAISD 60 & 61) STILWELL TECHNICAL CENTER (All or a portion of Jefferson County Election Precincts 45, 46, 70, 82, 95, 96, 98, 109 PAISD 43, 97, 105 & 110) ROBERT E. LEE ELEMENTARY SCHOOL (All or a portion of Jefferson County Election Precincts 48, 49 & 76) THOMAS EDISON MIDDLE SCHOOL (All or a portion of Jefferson County Election Precincts 50 & 51) DEQUEEN ELEMENTARY SCHOOL (All or a portion of Jefferson County Election Precincts 52 & 53) PORT ARTHUR CITY HALL (All or a portion of Jefferson County Election Precinct 54, 55, 57 & 81) MEMORIAL NINTH GRADE CAMPUS (FORMERLYL?NCOLNHlGH SCHOOL) (All or a portion of Jefferson County Election Precincts 58, 59 & 94) TAFT ELEMENTARY SCHOOL (All or a portion of Jefferson County Election Precinct 71 and a portion of Orange County Election Precinct 28) 5642 S. Gulfway Drive 2441- 61'~ Street 4401 Ferndale 4801 Ninth Avenue 3939 Delaware 3501 12T" Street 710 DeQueen Boulevard 444 Fourth Street 1023 Abe Lincoln 2500 Taft Avenue EXHIBIT "B" PROPOSED ORDINANCE N0.6058 PO 8058 Exhibit "B" JOINT ELECTION AGREEMENT This agreement is made this day of .2010, 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 WHEREAS, the City of Port Arthur will conduct a general municipal election, the Port Arthur Independent School District and Sabine Pass Independent School District will conduct a general school board election, and the Sabine Pass Port Authority will conduct a general port commissioner election, respectively, on Saturday, May 8, 2010 WHEREAS, Section 271 002 (c) of the Texas Election Code authorizes more than one political subdivision to enter into an agreement to hold elections jointly, and WHEREAS, the City of Port Arthur, Port Arthur Independent School District, Sabine Pass Independent School District, and Sabine Pass Port Authority will hold elections on the same day; and WHEREAS, the parties to this agreement desire that a joint election be held that is cost effective and convenient for the voters of the political subdivisions. NOW, THEREFORE, IT IS AGREED that a joint election will be held by the City of Port Arthur, Port Arthur Independent School District, Sabine Pass Independent School District and Sabine Pass Port Authority under the following terms and conditions, and the parties hereto agree with 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 there shall be one set of voting equipment to be used at the common polling places. Joint Election Agreement 1 3 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 4 That the City of Port Arthur will be responsible for the Spanish translation of the ballot. 5 That the implementation, conduct and management of said election shall be by the City Secretary of the City of Port Arthur as delineated in Port Arthur City Ordinance No and as further amended by the Port Arthur City Council 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 and Early Voting Clerk for each political subdivision for the election to be held on May 8, 2010 The implementation, conduct and management of the election shall include, but not be limited to A. The securing and placement of qualified individuals to serve as election judges, alternate judges and clerks for each polling place during Early Voting and Election Day B. The securing of locations and facilities, where the election is to be conducted C. The securing and distribution of the election materials and supplies requisite to the proper administration of the elections. D The securing of election equipment, ballots and tabulations. E. The conduct of joint early voting by personal appearance and by mail 2 Joint Election Agreement 6 The amount to be reimbursed by the Port Arthur Independent Schooi District to the City of Port Arthur for services rendered in the May 8, 2010 election are as follows A. The City of Port Arthur will first fund all costs in full, with the exception of publications of orders/notices and other expenses related to the entity's required Spanish and optional Vietnamese translations and compliance of the political subdivision with State Election Code pertaining only to school/water districts. B. The Port Arthur Independent School District will individually reimburse the City of Port Arthur for certain costs as follows • 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, with the exception of costs for Precinct Number 32 (Sabine Pass), shall be equally divided between the participating political subdivisions. C. 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/Election Day personnel/officials required for election preparation, election training and the performance of their duties during the Early Voting period and on Election Day for Precinct Number 32. Joint Election Agreement 3 • The costs of programming, voting equipment rentals, election supplies, election worker training session, Early Voting Ballot Board, Counting Station and the Counting Station Manager and Tabulation Supervisors for Precinct Number 32 (Sabine Pass) shall be equally divided between the Sabine Pass Independent School District/Sabine Pass Port Authority 7 Each political subdivision shall be responsible for any necessary submissions to the U.S. Department of Justice for preclearance under the Federal Voting Rights Acts. 8 Each political subdivision shall canvass its own returns. 9 Each political subdivision shall provide the City of Port Arthur maps showing their boundaries. 10 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. 11 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 12. That the undersigned are the duly authorized representatives of the parties' governing bodies, and their signatures represent adoption and acceptance of the terms and conditions of this agreement. APPROVED AND AGREED this day of 2010 Joint Election Agreement 4 CITY OF PORT ARTHUR Mayor Deloris "Bobbie" Prince APPROVED AS TO FORM: Acting City Attorne lecia Tizeno ATTEST: City Secretary Terri Hanks Joint Election Agreement AGREED TO: PORT ARTHUR INDEPENDENT SCHOOL DISTRICT Port Arthur Independent School District Superintendent Johnny Brown Joint Election Ageement AGREED TO: SABINE PASS INDEPENDENT SCHOOL DISTRICT Sabine Pass Independent School District Superintendent Malcolm Nash Joint Election Agreement AGREED TO: SABINE PASS PORT AUTHORIT1f Sabine Pass Port Authority President Joint Election Agreement