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MEMORANDUM
To:
From:
Date:
Subject:
Mayor, City Council, City Manager
Mark T. Sokolow, City Attorney ~ ~
January 28, 2005
P. O. No. 5490 - February 1, 2005 Council Meeting
Attached is P. O. 5490 providing for the conduct of the May
7, 2005 General Election for the purpose of electing Council
Members from Districts 1, 2, 3, and 4 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, 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 and making other changes as needed for the 2005
Council Elections.
MTS:ts
Attachmenn
cc: City Secrenary
z. po5490, memo
P.O. No. 5490
01/18/05 ts
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE CONDUCT OF THE MAY 7, 2005
GENERAL ELECTION FOR THE PURPOSE OF ELECTING
COUNCILMEMBERS FROM DISTRICTS 1,2,3, AND 4 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, 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 eight
delineated below:
District
Mayor 0rtiz
Councilmember Hannah 1
Councilmember Barker 2
Councilmember Henderson 3
Councilmember Flood 4
Councilmember Beard 5
Councilmember Thompson 6
Councilmember Prince 7
Councilmember Sinegal 8
(8) Councilmembers as
Term Expiration of Term
3 years May 2007
3 years May 2005
3 years May 2005
3 years May 2005
3 years May 2005
3 years May 2006
3 years May 2006
2 years May 2006
2 years May 2006
WHEREAS, the terms for Councilmembers in Districts 1, 2, 3,
and 4, will expire in May 2005; 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 certain City Council positions to be held in the City
z.po5490 I
of Port Arthur on the first Saturday in May, 2005, the same being
May 7, 2005, between the hours of 7:00 a.m. and 7:00 p.m., for the
purpose of electing Councilmembers for Districts 1, 2, 3, and 4,
said Order being attached as Exhibit "A".
NOW__THEREFORE, BE IT ORDAINED BY THE CITY cOUNCIL OF THE CITY
TEXAS:
That the facts and opinions in the preamble are
OF PORT ARTHUR,
Section 1.
true and correct..
Section 2.
held on May 7,
Districts 1,
That a General Election is hereby ordered to be
2005 for the purpose of electing Councilmembers from
2, 3, and 4. A copy of said Order and Notice of
Election are attached hereto as Exhibit
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 Councilmembers for
Districts 1, 2, 3, and 4.
Section 4. That one (1) voting place shall be provided,
(as shown in Exhibit "B") 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 office
as Councilmembers for Districts 1,
period of three {3) years and until
of the person elected
2, 3, and 4 shall be for a
his/her respective successor
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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 Exhibit
"A" attached hereto; and shall be under the control and supervision
of the City Secretary.
Section 8. That the Mid-County Office Building located at
2748 Viterbo Road, Nederland, Texas, the Central Counting Station
established by Jefferson County, Texas, is hereby designated as the
"Central 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 Tuesday, May 17, 2005, which is within eleven (1t) days
following election day (May 7, 2005) and officially canvass the
returns and declare the results of said Election. The respective
candidates receiving a majority of the votes cast at said election
for Councilmembers 1, 2, 3, and 4 shall be declared to be elected.
A runoff election shall be held as provided in Section 2.025(a) of
the Texas Election Code on June 11, 2005, after the final canvass
is completed in the event that a candidate does not receive the
cast in the General Election for Councilmemhers
majority of votes
1, 2, 3, and 4.
Section 10.
this election is
That each candidate for an office for which
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
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State and twelve (12 months in the City of Port Arthur, and six
(6) months in the District 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 III
of the City Charter, each candidate shall file an application with
the City Secretary not later than 5 p.m., March 7,2005 and not
earlier than February 7, 2005, 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
official hand and seal, certify the
Secretary shall, under her
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
in her office.
Section 13. That Larry
such names in a conspicuous place
Borel, a qualified voter of
Jefferson County,
Central Counting Station and said manager's duties
forth in Sec. 127.002 of the Texas Election Code.
Texas, is hereby appointed as manager of the
shall be as set
Section 14. That Ken Seholm and Paul Helegda, qualified
voters of Jefferson County, Texas, are hereby appointed as
Tabulation Supervisors of the Central Counting Station and said
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Supervisor's duties
Election Code.
Section 15. That
the City of Port Arthur,
are set forth in Sec. 127.003 of the Texas
Harold Joseph, Sr., a [ualified voner of
Texas, is hereby appointed as Presiding
Judge of~the Central Counting Station,
compensation are set forth in Sec. 127.005
Code.
Section 16.
and said Judge's duties and
of the Texas Elecnlon
That pursuant to Section 127.061 (Sub-chapter
C) of the Texas Election Code,
deliver electronic system ballots
Central Counting Station.
Section 17.
accordance with the requirements
Federal Help America Vote Act
Department of Justice, including
assistance, notices, instructions,
sealed ballot boxes shall be used to
from the polling place to the
That the conduct of such election shall be in
of the Voting Rights Act, the
(HAVA) and the rules of the
provisions for bilingual
ballots, and other written
materials and information relating to the electoral process, for
which presentation and assistance is required. In addition to the
election officers to be designated and appointed, Fernando Ramirez,
a qualified resident/voter of the City of Port Arthur, who reads
and speaks the Spanish language fluently, as well as Khoi Tran, a
qualified resident/voter of the City of Port Arthur, 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
z.po5490 5
accordance with the Election Laws at a sum of $8.00 per hour.
translators of election documents, compensation shall be paid
the sum of $25.00 per hour,
Election Code.
Section 18. That
Election Code, and Article III,
City Council hereinafter shall
As
in
subject to the limitations of the Texas
in accordance with Chapter 32 Of the
Section 4 of the City Charter, the
appoint a presiding Judge and an
alternate presiding judge and clerks for each polling place.
Section 19. That the Judges and 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
Judge who delivers the returns of the
paid the amount of twenty-five ($25.00)
Texas Election Code. The
Election shall be further
dollars for that service.
Section 20. 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 21. That an Early Voting Ballot Board,
of the Presiding Judge and Clerks from Precinct No.'s
and 102, and any other election precincts deemed necessary,
established to process early voting results,
provisional ballots from the Voter Registrar.
consisting
44, 47, 93
be
mail ballots and
Section 22. That the election shall be held jointly with
the Port Arthur Independent School District, the Sabine Pass
Independent School District, the Port of Port Arthur Navigation
District, and the Sabine Pass Port Authority in accordance with
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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 ~greement contained in Exhibit "C", which the Mayor is
authorized to sign.
Section 23. 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. The Notice of Election shall
include the location of each polling place and shall comply with
Exhibit WA" attached and made part hereof.
Section 24. 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 25. That this Ordinance shall take effect
immediately from and after its passage.
Section 26. That a copy of this Ordinance shall be spread
upon the Minutes of the City Council.
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READ, ADOPTED AND APPROVED on this day of
A.D., 2005, a5 a Regular Meeting of the City
Council of the City of Port Arthur, Texas, by 5he following rose:
AYES: Mayor , Councilmembers ;
_ ;
;
NOES:
ATTEST:
OSCAR ORTIZ, MAYOR
EVANGELINE GREEN, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
STEVE FITZGIBBONS, CITY MANAGER
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EXHIBIT "A'
ORDER AND NOTICE OF A GENERAL ELECTION
IN THE CITY OF PORT ARTHUR, TEXAS
I, Oscar G. Ortiz, Mayor of the City of Port Arthur, Texas, as authorized by the City Council, do hereby Order
and give Notice ora General Election to be held in the City of Port Arthur, Texas, on Saturday, May 7, 2005, between
the hours of 7:00 a.m. and 7:00 p.m., for the purpose of electing Councilmembers for Districts 1,2, 3, and 4. The term
of office of the Councihnembers from Districts 1, 2, 3, and 4 will be for three (3) years and until his/her respective
successor shall~nave been elected and duly qualified. Candidates may file an application with the City Secretary for
a place on the ballot beginning on February 7, 2005 through March 7, 2005.
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. The location of each polling place is shown on
Exhibit "B". 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 20, 2005 and ending on May 3, 2005:
City Hall, 444 Fourth Streel
Port Arthur Public Library, 4615 Ninth Avenue
Fire Station No. 1. 1215 Woodworth
Fire Station No. 2. 1201 Grannis ~at Thomas Blvd)
Fire Station No. 3. 2232 Canal
Sabine Pass Fire Station # 4. 5030 S. Gulfway Drive
Early voting by personal appearance will also be conducted on Sunday, May l, 2005, between the hours of
8:00 a.m. and 1:00 p.m. at the following location:
St. Joseph's Hall, 800 Ninth Avenue
In addition, early voting by personal appearance will also be conducted on Sunday, May 1, 2005, between the
hours of 1:00 p.m. and 4:00 p.m. at the following locations:
City Hall, 444 Fourth Streel
Port Arthur Public Library, 4615 Ninth Avenue
Fire Station No. 1. 1215 Woodworth
Fire Station No. 2. 1201 Graunis {at Thomas Blvd.)
Fire Station No. 3.2232 Canal
Applications for ballot by mail shall be mailed to:
City Secretary of the City of Port Arthur
444 Fourth Street
Port Arthur, Tcxas 77640
or
City Secretary of the City of Port Arthur
P. O. Box 1089
Port Arthur. Texas 77641-1089
Applications for mail ballots must be received no later than the close of business on Friday, April 29, 2005.
Issued this 1st day of February, 2005.
Oscar G. Ortiz. Mayor
City, of Port Arthur
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CITY ELECTION PRECINCTS
SABINE PASS FIRE STATION NO. 4
(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
PAISD 35, 80 & 107 & PAPORT 101 & 103)
TYRRELL ELEMENTARY SCHOOL
(All or a portion of Jefferson County
Election Precincts 44, 47, 93, 102
PAISD & PAPORT 60 & 61 )
STILWELL TECHNICAL CENTER
(All or a portion of Jefferson County Election
Precincts 45, 46, 70, 82, 95, 96, 98 105. 109
PAISD 80 & PAISD & PAPORT 43 & 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 )
WOODROW WILSON MIDDLE SCHOOL
(All or a portion of Jefferson County Election
Precincts 54, 55, 57 & 81 )
MEMORIAL HIGH SCHOOL
9TM GRADE CENTER
(FORMERLY LINCOLN HIGH 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 )
Exhibit "B"
POLLING PLACES
5030 South Gulfway Drive
2441 - 61st Street
4401Ferndale
4801 Ninth Avenue
3939 Delaware
3501 - 12t~ Street
710 DeOueen Boulevard
1500 Lakeshore Drive
1023 Abe Lincoln
2500TaffAvenue
.IOZNT ELECTI'ON AGREEMENT
Exhibit "C"
This agreement is made this day of ,2005, by and between the
City of Port Arthur and the Port Arthur Independent School District, the Sabine Pass
Independent School District, the Port of Port Arthur Navigation 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 Port of Port Arthur Navigation District and Sabine Pass
Port Authority will conduct a general port commissioner election, respectively, on Saturday,
May 7, 2005.
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, Port of Port Arthur Navigation 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, Port
of Port Arthur Navigation District and Sabine Pass Port Authority under the following terms and
conditions, and the parties hereto agree with said conditions:
That there shall be one ballot that contains all appropriate races and propositions
available for qualified voters of each political subdivision.
That there shall be one set of voting equipment to be used at the common
polling places.
That each political subdivision shall be responsible for the preparation, adoption
and publication, and Spanish translation of their own Notice of Election, Order of
Ejection, 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.
That the implementation, conduct and management of said election shall be 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 "B". 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 head on May
7, 2005. The implementation, conduct and management of the election shall
include, but not be limited to:
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.
The securing of locations and facilities, where the election is to be
conducted.
The securing and distribution of the election materials and supplies
requisite to the proper administration of the elections.
The receipt of the election equipment and ballots from Jefferson County
and it is expected that the Jefferson County wil perform the ballot
tabulations.
I:. The conduct of joint early voting by personal appearance and by mail.
'the amount to be reimbursed by the Port Arthur Independent School District and
the Port of Port Arthur Navigation District to the City of Port Arthur for services
rendered in the Hay 7, 2005 elections are as follows:
The City of Port Arthur will first fund all costs in full, with the exception of
publications of orders/notices and other exoenses 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.
The Port Arthur Independent School District and the Port of Port Arthur
Navigation 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 reouired for election preparation, Early Voting Ballot
Board resoonsibilities, election training and the performance of their
duties during the Early Voting period and on Election Day, with the
exception of costs for Precinct Number 32 (Sabine Pass), shall be
equally divided between the City of Port Arthur, Port Arthur
Indepen0ent School District and the Port of Port Arthur Navigation
District.
The costs of programming, voting equipment rentals, election supplies,
Central Counting Station and the Central Counting Station Hanager
and the Tabulation Supervisors, with the exception of costs for Precinct
3
Number 32 (Sabine Pass), shall be equally divided between the City of
Port Arthur, Port Arthur Independent School District and the Port of
Port Arthur Navigation 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/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 (Sabine Pass) shall be equally
divided between City of Port Arthur, Sabine Pass Independent School
District and the Sabine Pass Port Authority.
The costs of programming, voting equipment rentals, election supplies,
election worker training session, Early Voting Ballot Board, Central
Counting Station and the Central Counting Station Manager and
Tabulation Supervisors for Precinct Number 32 (Sabine Pass) shall be
equally divided between City of Port Arthur, Sabine Pass Tndependent
School District and the Sabine Pass Port Authority.
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.
Each political subdivision shall provide the City of Port Arthur maps showing their
boundaries.
4
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.
Il.
The financial obligations of the parties under this agreement are payable from
c~rrent 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 2005.
CI-I'Y OF PORT ARTHUR
APPROVED AS TO FORM:
Mayor Oscar G. Ortiz
City Attorney Hark T. Sokolow
ATTEST:
City Secretary Evangeline Green
AGREED TO:
PORT ARTHUR INDEPENDENT SCHOOL DISTRICT
Dr. Willis Mackey
Port Arthur Independent School District Superintendent
SABINE PASS INDEPENDENT SCHOOL DISTRICT
Hr. Walter L. Fenn
Sabine Pass Independent School District Superintendent
PORT OF PORT ARTHUR NAVIGATION DISTRICT
President Raymond ]ohnson
SABINE PASS PORT AUTHORITY
Carl Snider
President of Sabine Pass Port Authority