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Home My WebLink AboutPO 5586: SPECIAL ELEC 5/13/06intero£ ice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney ~ ~ Date: February 10, 2006 Subject: P. O. No. 5586 - February 14, 2006 Council Meeting Attached is P. O. No. 5586 providing for the conduct of a Special Election on May 13, 2006 to submit a proposition as to the legal sale of mixed beverages in restaurants by food and beverage certificate holders only, and providing for publication of the election notice. MTS:ts Attachment cc: City Secretary z .po5586 .memo P.O. No. 5586 02/10/06 tB O~DINANCE NO. AI~ ORDINANCE PROVIDING FOR THE CONDUCT OF A SPECIAL ELECTION ON MAY 13, 2006 TO SUBMIT A PROPOSITION AS TO THE LEGAL SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY, AND PROVIDING FOR PUBLICATION OF THE ELECTION NOTICE WHEREAS, the City Council desires to submit to the voters a proposition as to the legal sale of mixed beverages in restaurants by food and beverage certificate holders only, as previously noted in Ordinance No. 05-78, with said proposition being delineated in Exhibit ~A-I" to the Order attached as Exhibit ~A". 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 pursuant to Ordinance No. 05-78, a Special Election was ordered and is hereby ordered to be held on May 13, 2006 to submit the following proposition as to the legal sale of mixed beverages in restaurants by food and beverage certificate holders only: PROPOSITION: Election Code 501.035 "The legal sale of mixed beverages in restaurants by food and beverage certificate holders only." Section S. That one (1) voting place shall be provided, (as shown in Exhibit "B-i" to the proposed Order and Notice of z.po5586 Election, attached hereto as Exhibit "A") within each of the precincts or combined precincts into which the City is divided for voting purposes. Section 4. 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 5. 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. This includes the usage of the iVotronic Voting System vS.0.1.0 and the Model 100 v5.00 by Election Systems and Software which have been certified by the Secretary of State. Section 6. 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 7. That the City Council of the City of Port Arthur shall meet on May 23, 2006, which is within eleven (11) days following election day (May 13, 2006) and officially canvass the returns and declare the results of said Election. Section 8. That Christopher Mouton, a qualified voter of Jefferson County, Texas, is hereby appointed as manager of the Central Counting Station and said manager's duties shall be as set forth in Sec. 127.002 of the Texas Election Code. Section 9. That Ken Seholm and Paul Helegda, qualified z.po5586 voters of Jefferson County, Texas, are hereby appointed as Tabulation Supervisors of the Central Counting Station and said Supervisor's duties are set forth in Sec. 127.003 of the Texas Election Code. Section 10. That Harold Joseph, Sr., a qualified voter of the City of Port Arthur, Texas, is hereby appointed as Presiding Judge of the Central Counting Station, and said Judge's duties and compensation are set forth in Sec. 127.005 of the Texas Election Code. Section 11. 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. 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 accordance with the Election Laws at a sum of $8.00 per hour. Translators of election documents shall be paid in the sum of $25.00 per hour, subject to the limitations of the Texas Election z.po5586 Code. Section 12. That in accordance with Chapter 32 of the Election Code, and Article III, Section 4 of the City Charter, the city Council hereinafter shall appoint a Presiding Judge and an Alternate Presiding Judge and Clerks for each polling place. Section 13. 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 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 14. 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 15. That an Early Voting Ballot Board, consisting of the Presiding Judge and Clerks from Precinct No.'s 44, 47, 93 and 102, and any other election precincts deemed necessary, be established to process early voting results, mail ballots and provisional ballots from the Voter Registrar. Section 16. That the 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 and handle all aspects of said Joint Election in accordance with the provisions of the Texas Election Code. z.po5586 Section l?. 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 "A" attached and made part hereof. Section 18. That the Notices of Election for the General and Special Elections on May 13, 2006 may be combined at the discretion of the Mayor, subject to the approval as to form by the City Attorney. Section 19. 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 20. That this Ordinance shall take effect immediately from and after its passage. Section 2~. That a copy of this Ordinance shall be spread upon the Minutes of the City Council. z .po5586 READ, ADOPTED AND APPROVED on this day of , A.D., 2006, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , Councilmembers ; ; ; NOES: OSCAR ORTIZ, MAYOR ATTEST: EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTP. ATION: STEVE FITZGIBBONS, CITY MANAGER Z .po5586 ORDER ~ NOTICE OF A SPECIAL ELECTION IN THE CITY OF PORT ARTHUR, TEXAS AS TO A LOCAL OPTION ELECTION TO LEGALIZE TEE SALE OF MIXED BEVERAGES IN RESTAURANTS BY FOOD AND BEVERAGE CERTIFICATE HOLDERS ONLY I, Oscar G. Ortiz, Mayor of the City of Port Arthur, Texas, as authorized by the City Council, do hereby Order and give Notice of a Special Election to be held in the City of Port Arthur, Texas, on Saturday, May 13, 2006, between the hours of 7:00 a.m. and 7:00 p.m., for the purpose of submitting a ballot to legalize the sale of mixed beverages in restaurants by food and beverage certificate holders only as described in Exhibit ~A-i". 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-i". 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 May 1, 2006 and ending on May 9, 2006: City Hall, 444 Fourth Street Port Arthur Public Library, 4615 Ninth Avenue Fire Station No. 1, 1215 woodworth H.O.P.E. Building, 701 Rev. Dr. Ranson Howard Street Fire Station No. 3, 2232 Canal sabine Pass High School, 5641 S. Gulfway Drive Early voting by personal appearance will be conducted on Sunday, May 7, 2006, between the hours of 8:00 a.m. and 1:00 p.m. at the following location: St. Joseph's Hall, 800 Ninth Avenue Early voting by personal appearance will be conducted on Sunday, May 7, 2006, 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. 1, 1215 Woodworth H.O.P.E Building, 701 Rev. Dr. Ransom Howard Street Fire Station No. 3, 2232 Canal Early voting by personal appearance will be conducted on Thursday, May 4, 2006, and on Tuesday, May 9, 2006, 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 Applications for ballot by mail shall be mailed to: z.po§586 CiW Secretary of~e CiW ofPo~Arthur or CiW Se~aryof~e CiW of Po~ Arthur 444FourthS~eet P.O. Box1089 Po~Arthur, Tex~77640 Po~ Arthur, Texas 77641-1089 Applications for mail ballots must be received no later than the close of business on Friday, May 5, 2006. Issued this day of , 2006. Oscar G. Ortiz, Mayor City of Port Arthur z .po5586 EXH'r B'r T ~A- 1" PROPOSITION: Election Code 501.035 "The legal sale of mixed beverages in restaurants by food and beverage certificate holders only." z .po5586 EXHIBIT ~'B-i" z.pOS~86 CITY ELECTION PRECINCTS~ POLLIN~ SABINE PASS HIgH SCHOOL 5641 S. ~ulfw&y Drive (All or a portion of Jefferson County Election Precinct 32) STEPHEN F. AUSTIN SCHOOL 2441 - 61'~ Street (Ail or a portion of Jefferson County Election Precincts 33, 34, 106, 111, 112, 113, 114, 115, PAISD 35, 80 & 107) TYRRELL ELEMENTARY 4401 Ferndale (All or a portion of Jefferson County Election Precincts 44, 47, 93, 102, PAISD 60 & 61) STILWELL TECHNICAL CENTER 4801 Ninth Avenue (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 3939 Delaw&re (Ail or a portion of Jefferson County Election Precincts 48, 49 76) THOMAS EDISON MIDDLE SCHOOL 3501 12?a Street (All or a portion of Jefferson County Election Precincts 50 & 51) DEQUEEN ELEMENTARY SCHOOL 710 DeQueen Boulevard (Ail or a portion of Jefferson County Election Precincts 52 & 53) WOODROW WILSON MIDDLE SCHOOL 1500 Lakeshore Drive (All or a portion of Jefferson County Election Precinct 54, 55, 57 & 81} MEMORIAL HIgH SCHOOL 1023 Abe Lincoln 9?a ~RADE CENTER (FORMERLY LINCOLN HIgH SCHOOL) (All or a portion of Jefferson County Election Precincts 58, 59 & 94) TAFT ELEMENTARY SCHOOL 2500 Taft Avenue (Ail or a portion of Jefferson County Election Precinct 71 and a portion of Orange County Election Precinct 28) z .po5586