HomeMy WebLinkAboutPO 5588: 4A SALES TAXinteroffice
MEMORANDUM
To: Mayor, City Council, and City Mana~r ·
From: Mark T. Sokolow, City Attorney /~ ~
Date: February 10, 2006
Subject: P. O. No. 5588 - February 14, 2006 Council Meeting
Attached is P. O. No. 5588 providing for the conduct of a
special election to submit propositions as to whether or not the
existing Section 4A sales tax shall be utilized for various
categories of projects as described in Section 4B of Article
5190.6, Vernon's Texas Code Annotated, and providing for
publication of the election notice. This office has consulted
with Mr. Goodson. The propositions have been reduced from eight
to five propositions as illustrated herein:
PROPOSITIONS AS TO BE pR~NTED ON THE BALLOT:
PROPOSITION NO. ONE:
Shall the existing Section 4A Sales and Use Tax within
the City of Port Arthur be utilized for children's and
amateur sports, and athletic purposes and events,
including ball parks, soccer fields, football fields, and
related concession, and automobile parking facilities,
related area transportation facilities and related roads,
streets, and water and sewer facilities, which is a
category of projects under Section 4B of Article 5190.6
Vernon's Texas Code Statutes?
PROPOSITION NO. TWO:
Shall the existing Section 4A Sales and Use Tax within
the City of Port Arthur be utilized for tourist and
convention purposes and events including civic and
convention centers, and related concession, and
automobile parking facilities, related area
transportation facilities and related roads, streets, and
water and sewer facilities, which is a category of
projects under Section 4B of Article 5190.6 Vernon's
Texas Code Statutes?
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pROPOSITION NO. THR~E:
Shall the existing Section 4A Sales and Use Tax within
the City of Port Arthur be utilized for the development
and expansion of affordable housing as defined by 42
U.S.C. Section 12745, which is a category of projects
under Section 4B of Article 5190.6 Vernon's Texas Code
Statutes?
PROPOSITION NO. FOUR:
Shall the existing Section 4A Sales and Use Tax within
the City of Port Arthur be utilized for programs to
replace malfunctioning or leaking water lines and other
water facilities, which is a category of projects under
Section 4B of Article 5190.6 Vernon's Texas Code
Statutes?
PROPOSITION NO. FIVE:
Shall the existing Section 4A Sales and Use Tax within
the City of Port Arthur be utilized for the cleanup of
contaminated property which is a category of projects
under Section 4B of Article 5190.6 Vernon's Texas Code
Statutes? The use of sales and use tax proceeds for the
cleanup of contaminated property.
PROPOSITIONS WITH CHANGES NOTED AS pREVIOUSLY PRESENTED TO CITY
COUNCIL IN P.O. NO. 5584 (Election Ordinance) on Januar~ 31, 2006
PROPOSITION NO. ONE:
Shall the existing Section 4A Sales and Use Tax within
the City of Port Arthur be utilized for ~
amatucur (insludin~ children's and amateur~ sports, and
athletic purposes and events, including ~ ball
parks, soccer fields, football fields, and related store,
restaurant, concession, and automobile parking
facilities, related area transportation facilities and
related roads, streets, and water and sewer facilities,
which is a category of projects under Section 4B of
Article 5190.6 Vernon's Texas Code Statutes?
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pROPOSITION NO. TWO:
Shall the existing Section 4A Sales and Use Tax within
the City of Port Arthur be utilized for tourist and
convention purposes and events including civic and
convention centers, ccnccrt ~- ~ ~ ............. ~ ~ ~ ~ + ~ ^~
~-~ ...... * concession,
facl ....... and related stere, ~ ...........
and automobile parking facilities, related area
transportation facilities and related roads, streets, and
water and sewer facilities, which is a category of
projects under Section 4B of Article 5190.6 Vernon's
Texas Code Statutes?
Stat~t~~
PROPOSITION NO. FOUR:
~mprcvcmcnts or ............... arc ......... any . f
PROPOSITION NO. FIVE:
Shall the existing Section 4A Sales and Use Tax within
pfc ......... -~
the City of Port Arthur be utilized for the --~^- ~-
development and expansion of affordable housing as
defined by 42 U.S.C. Section 12745, which is a category
of projects under Section 4B of Article 5190.6 Vernon's
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Texas Code Statutes?
Shall tho ..~ o~ 4A o~^~ and r~ Ta~ ~
the City of ~^~ ~ ~'~ u ...........
~'~" ~O ....... O, lnc ...... ~
PROPOSITION NO. SEVEN:
Shall the existing Section 4A Sales and Use Tax within
the City of Port Arthur be utilized for the .... ~ ......
and1,,~,,'~+"+~^~ of water .............. ~ ...... ,
programs to replace malfunctioning or leaking water lines
and other water facilities, which is a category of
projects under Section 4B of Article 5190.6 Vernon's
Texas Code Statutes?
PROPOSITION NO. EIGHT:'
Shall the existing Section 4A Sales and Use Tax within
the City of Port Arthur be utilized for the cleanup of
contaminated property which is a category of projects
under Section 4B of Article 5190.6 Vernon's Texas Code
Statutes? The use of sales and use tax proceeds for the
cleanup of contaminated property.
Since we are so close to the February 28 public hearing, the
City Council may wish to delay taking action on this Ordinance
until February 28, 2006.
MTS:ts
cc: VIA FACSIMILE (409) 835-2115
Guy Goodson, GERMER & GERTZ
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P.O. ~o. 5588
02/~0/o6 ~
0~DZ~,~i'C~ NO.
AN ORDINANCE PROVIDING FOR THE CONDUCT OF A SPECIAL
ELECTION ON MAY 13, 2006 TO SUBMIT pROPOSITIONS AS TO
WHETHER OR NOT THE EXISTING SECTION 4A SALES TAX SHALL BE
UTILIZED FOR VARIOUS CATEGORIES OF PROJECTS AS DESCRIBED
IN SECTION 4B OF ARTICLE 5190.6, VERNON'S TEXAS CODE
ANNOTATED, AND PROVIDING FOR PUBLICATION OF THE ELECTION
NOTICE
WHEREAS, pursuant to Section 4A (s) of Article 5190.6 Vernon's
Texas Code Statues, the City Council is authorized to call a
Special Election on the usage of Section 4A sales tax for
categories of projects under Section 4B Article 5190.6 Vernon's
Texas Code Statutes; and
WHEREAS, the City Council desires to submit propositions to
the voters thereon, said propositions being described in Exhibit
~A-i" to the Order attached hereto as Exhibit ~A".
NOW THEREFORE, BE IT ORDAINED BY TEE CITY COUNCIL OF TEE CITY
OF PORT ARTHUR, TEXAS=
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That a Special Election is hereby ordered to be
held on May 13, 2006 to submit the propositions as to the usage of
Section 4A funds for Section 4B categories of projects as
delineated in Exhibit "A-l" to Exhibit "A".
Section 3. That the City Council will take due
consideration as to the proposed cost and impact of the project or
category of projects as delineated in the propositions and will
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take due consideration of the comments of the citizens at the
February 28, 2006 public hearing.
Section 4. That pursuant to Section 4A (s) of Article
5190.6 Vernon's Texas Code Statues, the City Council is
authorized to call an Election on the usage of Section 4A sales
tax for categories of projects under Section 4B Article 5190.6
Vernon's Texas Code Statutes.
Section 5. 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 6. 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 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. 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 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.
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sectio~ 9. That pursuant 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 10. 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 11. 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 12. 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 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. 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
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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 14. 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 lS. 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 ~6. 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 17. 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
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provisional ballots from the Voter Registrar.
Section 18. 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 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 (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 20. 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 21. That this Ordinance shall take effect
immediately from and after its passage.
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Section 22. 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., 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 FOP. M:
CITY ATTORi~EY
APPROVED FOR ADMINISTRATION:
STEVE FITZGIBBONS, CITY MANAGER
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EXHIBIT "A"
O]~DER ~ NOTICE OF A SPECIAL ELECTION IN THE CITY OF
PORT ARTHUR, TEXAS AS TO SUBMIT pROPOSITIONS pERTAINING
TO TEE USAGE OF SECTION 4A FUNDS FOR SECTION 4B
CATEGORIES OF PROJECTS
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 use Section 4A funds for Section
4B categories of projects.
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
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Applications for ballot by mail shall be mailed to:
City Secretary of the City of Port Arthur or City Secretary of the City of Port Arthur
444 Fourth Street P.O. Box 1089
Port Arthur, Texas 77640 Port 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
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EXHIBIT "A-I"
PROPOSITION NO. ONE:
Shall the existing Section 4A Sales and Use Tax within
the City of Port Arthur be utilized for children's and
amateur sports, and athletic purposes and events,
including ball parks, soccer fields, football fields, and
related concession, and automobile parking facilities,
related area transportation facilities and related roads,
streets, and water and sewer facilities, which is a
category of projects under Section 4B of Article 5190.6
Vernon's Texas Code Statutes?
PROPOSITION NO. TWOs
Shall the existing Section 4A Sales and Use Tax within
the City of Port Arthur be utilized for tourist and
convention purposes and events including civic and
convention centers, and related concession, and
automobile parking facilities, related area
transportation facilities and related roads, streets, and
water and sewer facilities, which is a category of
projects under Section 4B of Article 5190.6 Vernon's
Texas Code Statutes?
PROPOSITION NO. THREE:
Shall the existing Section 4A Sales and Use Tax within
the City of Port Arthur be utilized for the development
and expansion of affordable housing as defined by 42
U.S.C. Section 12745, which is a category of projects
under Section 4B of Article 5190.6 Vernon's Texas Code
Statutes?
PROPOSITION NO. FOUR:
Shall the existing Section 4A Sales and Use Tax within
the City of Port Arthur be utilized for programs to
replace malfunctioning or leaking water lines and other
water facilities, which is a category of projects under
Section 4B of Article 5190.6 Vernon's Texas Code
Statutes?
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PROPOBITION NO. FIVEs
Shall the existing Section 4A Sales and Use Tax within
the City of Port Arthur be utilized for the cleanup of
contaminated property which is a category of projects
under Section 4B of Article 5190.6 Vernon's Texas Code
Statutes? The use of sales and use tax proceeds for the
cleanup of contaminated property.
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EXHIBIT "B- 1"
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CITY ELECTION pRECINCTS~ pOLLING PLACES:
SABINE PASS HIOH SCHOOL 5641 S. Oulfw&¥ Drive
(All 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}
TYRHELL ELEMENTARY 4401 Ferndale
(Ail or a portion of Jefferson
County Election Precincts 44, 47,
93, 102, PAISD 60 & 61}
STILWELL 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?H Street
(All or a portion of Jefferson
County Election Precincts 50 &
51)
DEQUHHN ELEMENTARY SCHOOL 710 DeQueen Boulevard
(Ail or a portion of Jefferson
County Election Precincts 52 &
53)
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~ ~ADE CENTER
{FOI~(EHLY 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)
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