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HomeMy WebLinkAboutPO 5587: CHARTER CHANGESMEMORANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney /~ ~ ~ Date: February 10, 2006 Subject: P. O. No. 5587 - February 14, 2006 Council Meeting Attached is P. O. No. 5587. The propositions as to proposed charter changes will need to be inserted by individual motion at the Council Meeting. For example, a council member needs to make a Motion to adopt P.O. 5587. Once that Motion has been seconded, another motion can be made to amend P.O. 5587 to add a proposition thereto as described in this memo or such other proposed change to the City Charter as the Council so desires. Once that Motion to Amend has been approved as to that proposition, additional motions to amend can be made as to add additional propositions to P.O. 5587. Herein are the suggested propositions that the Council can add if the City Council so desires as it pertains to charter changes. Nevertheless, not all of them can be added to this election as some of them conflict: z .po5587 .memo 1 The Council can place one or the other of the following two propositions on the Ballot. Both of these propositions cannot be placed on the ballot, since they conflict. PROPOSITION Shall the last line of Section I of Article II of the City Charter be deleted as to remove the prohibition that neither the Mayor nor any Councilmember shall serve more than three {3) consecutive terms in the same office. PROPOSITION Shall the last line of Section 1 of Article II of the City Charter be amended as follows: ~Neither the Mayor nor any Councilmember from Districts I through 6 shall serve more than three consecutive three year terms in the same Council Position. The Councilmembers from Districts 7 and 8 shall not serve more than five consecutive terms in the same Council Position." z .po5587 .memo 2 The Council can place one (1) or the other of the following two (2) propositions on the Ballot. Both of these propositions cannot be placed on the ballot, since they conflict. PROPOSITION Shall Section lA of Article II of the City Charter be amended as follows: "Section iA. Council Positions 7 and 8 Until May 2008, Council Positions 7 and 8 shall have two (2) year terms. The elections of Council Positions 7 and 8 shall be in the year 2008 and thereafter by a majority vote, and they shall have three (3) year terms. This provision supercedes any conflicting portion of the City Charter in relation to the election of Council Positions 7 and 8." PROPOSITION Shall Section iA of Article II of the City Charter be amended as follows: "Section iA Council Position 7 and 8. Council Positions at Large (2). Council Positions 7 and 8 shall be elected at large for two (2) year terms. The candidates shall have resided twelve (12) months in the State and twelve months in the City immediately preceding the election date. The terms for each position shall be two (2) years. These positions shall be voted on as one race by all voters of the City. Each voter is entitled to cast two votes. A voter may not cast more than one vote per candidate. If a voter casts more than two (2) votes, none of the voter's votes may be counted in that election. If a voter casts fewer votes than entitled, all of the voter's votes are counted in that election. The two candidates receiving the most votes shall be elected to these positions. This provision supersedes any conflicting portion of the City~ Charter in relation to the election of Council Positions 7 and 8." z .po5587 .memo 3 pROPOSITION= Shall Section lB be added to Article II of the City Charter: ~Section lB Residency for Council Positions 7 and 8 The Councilmembers for Positions 7 and 8 may reside in any district. This provision supersedes any conflicting portion of the City Charter in relation to the election of Council Positions 7 and 8." PROPOSITION: Shall Section 7 of Article XIV of the City Charter be amended as follows: ~Section 7. Sale or Lease of Property. ~No right, title or interest of the City and to any property shall be sold or leased unless authorized by the City Council by a Resolution if it is a lease and by an Ordinance if it is a sale." PROPOSITION: Shall the fourth sentence of Section 1 of Article XIV of the City Charter be amended as follows: ~All contracts for expenditures shall be authorized in accordance with the minimum standards as delineated under state law." PROPOSITION: Shall the first two sentences of Section 3 of Article II of the City Charter be amended as it pertains to salaries and car allowances for the Mayor and City Council. "The Mayor and Councilmembers shall receive a salary and car allowance as delineated in an Ordinance set by the City Council at such time as they approve the fiscal year budget for the City, with due opportunity for public comment." z .po5587 .memo 4 MTS:tS Attachment cc: City Secretary VIA FACSIMILE (409) 835-2115 Mr. Guy Goodson Attorney for EDC VIA FACSIMILE (409) 962-4%45 Mr. Floyd Batiste CEO of EDC z .po5587 .memo P.O. No. 5587 02/~0/06 ts ORDINANCE NO. AN ORDINANCE PROVIDINH FOR THE CONDUCT OF A SPECIAL ELECTION ON MAY 13, 2006 TO SUBMIT PROPOSITIONS AS TO AMENDINH THE CITY CHARTER AND PROVIDINH FOR PUBLICATION OF THE ELECTION NOTICE WHEREAS, the City Council desires to submit propositions to the voters thereon, said propositions being described in Exhibit 'A-l" to the Order attached hereto as Exhibit 'A" as it pertains to amending the City Charter. 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 Section 9.004 and Section 9.005 Local Government Code as well as Section 52.072 of the Texas Election Code, a Special Election is hereby ordered to be held on May 13, 2006 to submit the propositions as to amending the City Charter, as delineated in Exhibit 'A-l" that is attached to Exhibit Section S. That one (1) voting place shall be provided, {as shown in Exhibit ~B-I" to the proposed Order and Notice of Election) 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. Z .po5587 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 v8.0.1.0 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 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 lO. That Harold Joseph, Sr., a qualified voter of the City of Port Arthur, Texas, is hereby appointed as Presiding z .po5587 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 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 z.po5587 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, supervise and handle all aspects of administering said joint election in accordance with the provisions of the Texas Election Code. Section 17. 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 z.po5587 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 by 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 and shall notify the Justice Department that the Charter changes involving a new standard, practice, or procedure will not be effective until the Attorney General interposes a ~no objection" letter or a Declaratory Judgment has been obtained. Section 20. That this Ordinance shall take effect immediately from and after its passage. Section 21. That a copy of this Ordinance shall be spread upon the Minutes of the City Council. Z .po5587 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 ADMINISTRATIONs STEVE FITZGIBBONS, CITY MANAGER z .po5587 EXHIBIT "A" z,po5587 Oi~DER AND NOTICE OF A SPECIAL ELECTION IN THE CITY OF PORT ART~u~, TEXAS AS TO PROPOSITIONS TO AMEND THE CITY CHA~TER 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 propositions to the voters as delineated in Exhibit ~A-I", as to amend the City Charter. 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 .po5587 CiW Secr~aryof~e CiW ofPo~Arthur or CiW S¢~etaryof~e CityofPo~ Arthur 444 Fourth S~e~ P.O. Box 1089 P0~Arthur, Texas 77640 P0aArthur, Texas77641-1089 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.po5557 EXHIBIT "A- 1" (Propositions to amend the City Charter will be added to P. 0. 5587 by individual motion) z .po5587 EXHIBIT "B- 1" z.po5587 SABINE PASS HIGH SCHOOL 5641 S. Oulfw&y Drive (All or a portion of Jefferson County Election Precinct 32} STEPHEN F. AUSTIN SCHOOL 2441 - 61Bt 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) STIL~LL TECHNICAL CENTER 4801 Ninth Avenue (Ail 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?s 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 & WOODHOW WILSON MIDDLE SCHOOL 1500 Lakeshore Drive (Ail or a portion of Jefferson County Election Precinct 54, 55, 57 & 81) MEMORIAL HIGH SCHOOL 1023 Abe Lincoln 9?a GRADE CENTER (FORMERLY LINCOLN HIGH SCHOOL) (All 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) z.po5587