HomeMy WebLinkAboutPO 5583: GENERAL ELEC. 5/13/06interoffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City Attorney ~ ~
Date: February 10, 2006
Subject: P. O. No. 5583 - February 14, 2006 Council Meeting
Attached is P. O. No. 5583 providing for the May 13, 2006
General Election for the purpose of electing councilmembers from
Districts 5, 6, 7, and 8 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. The Mayor asked that we breakup P. O. No. 5583.
Previously, it included the Council Positions and the
propositions. Presently, it pertains to just the Council
Positions. P. O. No. 5586 pertains to the mixed beverage issue.
P. O. No. 5587 pertains to the charter changes. P. O. No. 5588
pertains to the usage of Section 4A funds. P. O. NO. 5589
pertains to the sale of Fairlea Park.
MTS:ts
Attachment
cc: City Secretary
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P.O. No. 5583
02/10/06 ts updated
O~DINANCE NO.
AN ORDINANCE PROVIDING FOR THE CONDUCT OF THE MAY 13,
2006 GENEI~AL ELECTION FOR THE PURPOSE OF ELECTING
COUNCILMEMBERS FROM DISTRICTS 5, 6, 7, AND 8 IN THE CITY
OF PORT ARTh0'~, 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:
District Term Expiration of Term
Mayor Ortiz 3 years May 2007
Councilmember Lewis I 3 years May 2008
Councilmember Barker 2 3 years May 2008
Councilmember Henderson 3 3 years May 2008
Councilmember Flood 4 3 years May 2008
Councilmember Beard 5 3 years May 2006
Councilmember Thompson 6 3 years May 2006
Councilmember Prince 7 2 years May 2006
Councilmember Sinegal 8 2 years May 2006
WHEREAS, the terms for Councilmembers in Districts 5, 6, 7,
and 8 will expire in May 2006; 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
of Port Arthur on the second Saturday in May, 2006, the same being
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May 13, 2006, between the hours of 7:00 a.m. and 7:00 p.m., for the
purpose of electing Councilmembers for Districts 5, 6, 7, and 8,
said Order being 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 a General Election is hereby ordered to be
held on May 13, 2006 for the purpose of electing Councilmembers
from Districts 5, 6, 7, and 8. A copy of said Order and Notice of
Election are 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 Councilmembers for
Districts 5, 6, 7, and 8.
Section 4. That one (1) voting place shall be provided,
(as shown in Exhibit "A-l" 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 office of the persons elected
as Councilmembers for Districts 5 and 6 shall be for a period of
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three (3) years and until his/her respective successor shall have
been elected and duly qualified.
Section 7. That the term of office of the persons elected
at the May 2006 General Election as Councilmembers for Districts 7
and 8 shall be for a period of two (2) years and until his/her
respective successor shall have been elected and duly qualified.
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" attached hereto; and shall be under the control and supervision
of the City Secretary. This includes the usage of the iVotronic
Voting System v8.0.1.0 and the Model 100 vS.00 by Election Systems
and Software which have been certified by the Secretary of State.
Section 9. 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 10. That pursuant to Section 67.003 of the Texas
Election Code, 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. The respective candidates
receiving a majority of the votes cast at said election for
Councilmembers 5 and 6 and a plurality of votes for Councilmembers
7, and 8 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 24, 2006, after the final canvass is completed in the event
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that a candidate does not receive the majority of votes cast in the
General Election for Councilmembers 5 and 6.
Section 11. 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, and six
(6) months in the District from which elected immediately preceding
election day.
Section 12. 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 13, 2006 and not
earlier than February 13, 2006, 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 13. 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 14. That Christopher Mouton, a qualified voter of
Jefferson County, Texas, is hereby appointed as manager of the
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Central Counting Station and said manager's duties shall be as set
forth in Sec. 127.002 of the Texas Election Code.
Section 15. 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
Supervisor's duties are set forth in Sec. 127.003 of the Texas
Election Code.
Section 16. 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 17. 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
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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
Code.
Section ~8. 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 Jud§e 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 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 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, 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 22. That this General City election and any City
Special Election as to the submission of proposition or
propositions 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
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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 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 (10tn) 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 24. That the Notice of Election for the General and
Special Elections (if any) 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 25. 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 26. That this Ordinance shall take effect
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immediately from and after its passage.
Section 27. 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., 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 ADMINISTI~ATION:
STEVE FITZGIBBONS, CITY MANAG~K
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EXHIBIT "A"
to the Ordinance
OI~DER AND NOTICE OF A ~EN~ ELECTION IN THE
CITY OF PORT ARTHUK, TEXAS AS TO COUNCIL
POSITIONS 5, 6, 7, AND 8
I, Oscar G. Ortiz, Mayor of the City o[ 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 13, 2006, between the hours of 7:00 a.m. and 7:00
p.m., for the purpose of electing Councilmembers for Districts 5,
6, 7, and 8. The term of office of the Councilmembers from
Districts 5 and 6 will be for three (3) years and until his/her
respective successor shall have been elected and duly qualified.
The term of office of the Councilmembers from Districts 7 and 8
will be for two (2) years and until his/her respective successor
shall have been elected duly and duly qualified. Candidates may
file an application with the City Secretary for a place on the
ballot beginning on February 13, 2006 through March 13, 2006.
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 "A-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, 564I 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
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main early voting polling place:
City Hall, 444 Fourth Street
Applications for ballot by mail shall be mailed to:
CiW Sectary of ~e CiW of Po~ Arth~ or CiW Secretary of ~e CiW of Po~ Arthur
444 Fourth S~e~ P.O. Box 1089
Po~ Arth~, Texas 77640 Po~ Arth~, 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
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EXHIBIT "A- 1"
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CITY ELECTION PRECINCT~= POLLING PLACES=
SABINE PASS HIGH SCHOOL 5641 S. Gulfway Drive
(Ail or a portion of Jefferson
County Election Precinct 32)
STEPHEN F. AUSTIN SCHOOL 2441 - 61't Street
(All 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 Delaware
(All or a portion of Jefferson
County Election Precincts 48, 49 &
76)
THOMAS EDISON MIDDLE SCHOOL 3501 12?" Street
(All or a portion of Jefferson
County Election Precincts 50 &
51)
DEQUEEN ELEMENTARY SCHOOL 710 DeQueen Boulevard
(All or a portion of Jefferson
County Election Precincts 52 &
WOODROW WILSON MIDDLE SCHOOL 1500 Lakeshore Drive
{All or a portion of Jefferson
County Election Precinct 54, 55,
57 & 81)
M~MORIAL HIGH SCHOOL 1023 Abe Lincoln
9~m GRADE CENTER
(FOP/~ERLY LINCOLN HIGH SCHOOL)
(Ail or a portion of Jefferson
County Election Precincts 58, 59
& 94)
TAFT ELEMENTARY SCHOOL 2500 Taft Avenue
{All or a portion of Jefferson
County Election Precinct 71 and a
portion of Orange County Election
Precinct 28)
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EXHIBIT "B"
to the Ordinance
JOINT ELECTION AGREEMENT
THIS A~REEMENT is made this day of , 2006, 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, and possibly Special Elections for the submission of
propositions, and 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
commission election, respectively, on Saturday, May 13, 2006; and
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, the Port Arthur Independent School
District, the Sabine Pass Independent School District, and the 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 A~REED 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, and the Sabine Pass Port
Authority under the following terms and conditions, and the parties hereby
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.
3. That each political subdivision shall be responsible for
the preparation, adoption, 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.
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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 the City Secretary of the City of Port
Arthur, as delineated in Port Arthur City Ordinance No.
ordering a General Election and City Ordinance No.
ordering Special Elections for May 13, 2006. 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 13, 2006. 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 receipt of the election equipment and ballots from
Jefferson County, and it is expected that the
Jefferson County will perform the ballot tabulations.
E. The conduct of joint early voting by personal
appearance and by mail.
6. The amount to be reimbursed by the Port Arthur Independent
School District to the City of Port Arthur for services
rendered by the May 13, 2006 elections 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.
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B. The Port Arthur Independent School District will
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 ~nd on Election Day, with the exception of
costs for Precinct Number 32 (Sabine Pass), shall be
equally divided between the City of Port Arthur and
the Port Arthur Independent School District.
· The costs of programming, voting equipment rentals,
election supplies, Central Counting Station, and the
Central Counting Station Manager and the Tabulation
Supervisors, with the exception of costs for
Precinct Number 32 (Sabine Pass), shall be equally
divided between the City of Port Arthur and the Port
Arthur Independent School District.
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 (Sabine Pass)
shall be equally divided between the City of Port
Arthur, the 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 the
City of Port Arthur, the Sabine Pass Independent
School District and the Sabine Pass Port Authority.
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7. Each political subdivision shall be responsible for any
necessary submissions to the U. S. Department of Justice
for pre-clearance 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 with 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.
SIGNED AND AGREED TO on this day of 2006.
CITY OF PORT ARTHUR
BY:
Mayor Oscar G. Ortiz
APPROVED AS TO FORM=
City Attorney, Mark T. Sokolow
ATTEST:
City Secretary, Evangeline Green
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AND A~REED TO on this day of 2006.
PORT ARTHUR INDEPENDENT SCHOOL DISTRICT
BY:
SIGNED AND AGREED TO on this day of 2006.
SABINE PASS INDEPENDENT SCHOOL DISTRICT
BY:
Mr. Walter L. Fenn, Superintendent
SIGNED AND AGREED TO on this day of 2006.
SABINE PASS PORT AUTHORITY
BY:
Mr. Carl Snider, President
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