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HomeMy WebLinkAboutPO:5590 - MAY 13, 2006 ELECTIONTo: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney ~.~{ ~'~-'/ Date: March 3, 2006 Subject: P. O. No. 5590 - March 7, 2006 Special Council Meeting Attached is P. O. No. 5590 pertaining to the conduct of a Special Election on May 13, 2006 as to submit an additional proposition or propositions as to amending the City Charter and providing for publication of the Election Notice. Councilmember Lewis called and he indicated that he wanted, with the concurrence of Councilmembers Flood and Beard, the proposition deleting the residency requirement for Position 7 and 8 to be placed on the agenda. This proposition was on the February 14, 2006 council agenda and did not pass since there was a tie vote. Councilmember Beard called and has confirmed that he wants this matter on the agenda with a proposition pertaining to the Pleasure Island Commission. Councilmember Flood called and confirmed that he agreed with Councilmember Beard that the Pleasure Island Commission proposition should be placed on the agenda. Nevertheless, Councilmember Flood is still considering the proposition as to the residency requirement. Attached is a proposed Ordinance for the Council to consider as to adding any further amendments to the Charter. The previous Ordinance, which delineated the five propositions to be submitted on the May 13 ballot (Ordinance No. 06-08), has already been sent to the Justice Department, via correspondence dated February 16, 2006. The proposition as to the residency requirement is the following: P~OPO~ITION: 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." Councilmember Beard wants a proposition as to facilitate the coordination of the Pleasure Island Commission. On z .po5590 .memo January 17, 1998, the Council submitted a proposltion pertaining to the Pleasure Island Conunission, as follows, which was not approved by the voters. -Proposition No. 23. Shall Article XVIII of the City Charter be amended to change the Pleasure Island Commission to a quasi advisory board for the newly created Department of Pleasure Island under the direction of the City." An alternate proposition would be to add a new subsection (f) to Section 2 of Article XVIII of the City Charter to state the following: "The authority and actions of the Pleasure Island Commission are subject to such conditions and directives as are approved at the discretion of the City Council." I left a blank in the Ordinance for the City Council to insert such additional proposition or propositions that you so desire. It will need to be added to the first page of the Ordinance, as well as to Exhibit "A-i" of Exhibit "A". MTS:ts Attachment cc: City Secretary z .po5590 .memo P.O. No. 5590 03/03/06 ts ORDINANCE N0. AN ORDINANCE PERTAININ~ TO THE CONDUCT OF A SPECIAL ELECTION ON MAY 13, 2006 AS TO SUBMIT AN ADDITIONAL PROPOSITION OR PROPOSITIONS AS TO AMENDIN~ TEE CITY CHARTER AND PROVIDIN~ FOR PUBLICATION OF THE ELECTION NOTICE WHEREAS, the City Council adopted Ordinance No. 06-08 as to submit five (5) propositions as to amend the City Charter at a Special Election on May 13, 2006; and, WHEREAS, the City Council desires to submit an additional proposition or propositions to the voters thereon, described as follows: PROPOSITION: 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-i" that is attached to Exhibit z .po5590 Section 3. That one (1) voting place shall be provided, (as shown in Exhibit "B-l" 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. Section S. 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. z .po5590 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 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 z.poS590 $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 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 z.po5590 Code. Sect£0n 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 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. Bection 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. 8ectio~ 21. That a copy of this Ordinance shall be spread z.poS590 upon the Minutes of the city Council. READ, ADOPTED AND APPROVED on this day of , A.D., 2006, at a Special Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , Councilmembers ; ; ; NOES: OSCAR ORTIZ, MAYOR ATTESTs EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORIqEY APPROVED FOR ADMINISTI~ATION: STEVE FITZGIBBONS, CITY MANAGER z.po5590 EXHIBIT "A" z,po5590 OP~DER ~ NOTICE OF A SPECIAL ELECTION IN THE CITY OF PORT ~T~U~, TEXAS AS TO pROPOSITIONS TO AMEI~D THE CITY CI~A~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 sho~ 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. ~nd 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: CiD Secretary of~e CiD of Po~ Arthuror City Secretary of ~e CiD of Po~ Arthur 444 Fourth S~e~ P.O. Box 1089 Po~ Arthur, Texas 77640 PoN Arthur, Texas 77641-1089 z.po5590 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 .po5590 EXHIBIT "A- 1" z.po5590 Shall the last line of Section 1 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 Section lA of Article II of the City Charter be amended as follows: ~Section lA. 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." PROPOSITIONs 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 .pO5590 EXHIBIT "B-l" z.po5590 SABINE PASS HIGH SCHOOL 5641 S. GulEw&¥ Drive (All or a portion of Jefferson County Election Precinct 32) STEPHEN F. AUSTIN SCHOOL 2441 - 61"~ 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 (Ail 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?a Street (All or a portion of Jefferson County Election Precincts 50 & 51) DEQUEEN ELEMENTARY SCHOOL 710 DeQueen Boulev&rd (Ail or a portion of Jefferson County Election Precincts 52 & 53) WOODROW 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 9Tz G~ADE CENTER (FOltMERLY 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,po5590