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HomeMy WebLinkAboutPO 6297: SPECIAL ELECTION FOR PROPOSITION CHARTER AMENDMENT P.O. No. 6297 02/15/2013 sb ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE CONDUCT OF A SPECIAL ELECTION ON MAY 11, 2013 TO SUBMIT PROPOSITIONS AS TO WHETHER OR NOT THE CITY CHARTER SHALL BE AMENDED; PROVIDING FOR NOTICE OF ELECTION, AND PROVIDING FOR PUBLICATION OF THE ELECTION NOTICE WHEREAS, the Charter Change Committee has recommended amendments to the City Charter; and WHEREAS, pursuant to Section 9.004 Texas Local Government Code, the City Council may by ordinance submit proposed charter amendments to the municipality's qualified voters of the City for their action thereupon. 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 the provisions of Section 9.004 and Section 9.006 Texas Local Government Code, a Special Election is hereby ordered to be held on May 11, 2013, to submit the proposed Charter amendments. A copy of said Order and Notice of Election is attached as Exhibit "A ", with the proposed Charter Amendments being attached as Exhibit "A -1" thereto, and the polling locations being attached as Exhibit "A -2" thereto. Section 3. That as required by Section 52.072 of the Texas Election Code said amendments shall appear on the ballot as propositions. Section 4 . That one (1) voting place shall be provided, (as shown in Exhibit "A -2" 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 elections, who are qualified voters under the Constitution and Laws of the State of Texas and the City Charter. s. 6297 1 1 Section 6. 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 electronic voting equipment, which has been certified by the Secretary of State. Section 7. That the Robert A. "Bob" Bowers Civic Center at 3401 Cultural Center Drive is hereby designated as the "Central Counting Station" to receive and tabulate voted ballots. Section 8. That pursuant to Section 67.003 of the Texas Election Code, the City Council of the City of Port Arthur shall meet on May 21, 2013, which is within eleven (11) days following election day (May 11, 2013) and officially canvass the returns and declare the results of said Election. Section 9. 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. Section 10. That in accordance with Chapter 32 of the Election Code, and Article III, Section 4 of the City Charter, the City Council shall hereinafter appoint the following on March 19, 2013: • Presiding Judges for each polling place as set forth in Sections 32.031 and 32.032 of the Texas Election Code and with such compensation as to be set by the City Council per Sections 32.091 and 32.092 of the Texas Election Code • Manager of the Counting Station with such duties as set forth in Section 127.002 of the Texas Election Code and with such compensation as to be set by the City Council • Tabulation Supervisor of the Counting Station with such duties as set forth in Section 127.003 of the Texas Election Code and with such compensation as to be set by the City Council • Presiding Judge and Alternate Presiding Judge of the Counting Station with duties and compensation as set forth in Section 127.005 of the Texas Election Code and with such compensation as to be set by the City Council s. 6297 2 • Early Voting Ballot Board with such duties as delineated in Section 87.002 of the Election Code which includes the processing of early voting results, mail ballots and provisional ballots from the Voter Registrar and with such compensation as to be set by the City Council per Section 87.005 of the Election Code • Signature Verification Committee if requested by the Early Voting Clerk pursuant to Section 87.027 of the Texas Election Code Section 11. That in addition to the election officers to be designated and appointed, Javier Cabanillas, a registered voter of Jefferson County who reads and speaks the Spanish language fluently, as well as Huy Tran, a registered voter in Jefferson County 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 $15 per hour. Before serving as an interpreter, Javier Cabanillas and Huy Tran shall take the oath as delineated in Section 61.035 of the Election Code. The City Secretary shall place notice that Spanish and Vietnamese interpreters are available via cell phone and listing their phone numbers. If a person needs assistance, the interpreters will visit the polling locations. Written translations of election documents shall be paid in the sum of $0.10 per word, subject to the limitations of the Texas Election Code and with such qualifications as delineated in the Election Code. Section 12. That the Judges and the Alternate Judges shall be paid the sum of eleven ($11.00) dollars per hour and the Election Clerks shall be paid the sum of nine ($9.00) 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 13. 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. s. 6297 3 Section 14. 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 (30 day nor later than the tenth (10 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. Section 15. That the Notice of Election shall include the location of each polling place and shall comply with Exhibit "A" attached and made part hereof. Section 16. 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 17. That the Notice of Election for the General Election, the Joint Election with the Port Arthur Independent School District, the Sabine Pass Independent School District, the Sabine Pass Port Authority, the Port Arthur Port Navigation District, the Special Election to fill a vacancy in District 4, the Special Election to submit a proposition as to whether or not the existing Type A Sales Tax shall be utilized for various categories of projects authorized for Type B Corporations, and a Special Election to submit propositions as to whether or not the city charter shall be amended on May 11, 2013 may be combined, subject to the approval as to form by the City Attorney. Section 18. That this Ordinance shall be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of , A.D., 2013, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers s. 6297 4 NOES: DELORIS PRINCE, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: VA EC TIZ 0, ITY ORNEY o--.2 b e APPROVED FOR ADMINISTRATION: FLOYD T. JOHNSON, CITY MANAGER s. 6297 5 EXHIBIT "A" s. 6297 6 ORDER AND NOTICE OF A GENERAL, A JOINT AND SPECIAL ELECTIONS IN THE CITY OF PORT ARTHUR Notice is hereby given that the City of Port Arthur will hold a General Election, a Joint Election with the Port Arthur Independent School District, the Sabine Pass Independent School District, the Sabine Pass Port Authority, the Port Arthur Port Navigation District, a Special Election to fill a vacancy in District 4, a Special Election to submit a proposition as to whether or not the existing Type A sales tax shall be utilized for various categories of projects authorized for Type B corporations, and a Special Election to submit propositions as to whether or not the city charter shall be amended, on Saturday May 11, 2013 between the hours 7:00 a.m. and 7:00 p.m. I, Deloris "Bobbie" Prince, Mayor of the City of 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 11, 2013, between the hours of 7:00 a.m. and 7:00 p.m. for the purpose of electing a Mayor and a Councilmember for District 4. The term of office for Mayor shall be three years until his /her respective successor shall have been elected and duly qualified. The term of office for the Councilmember will be the remaining term of Councilmember Harold Doucet, Sr. through May 2014 until his /her respective successor shall have been elected and duly qualified. Candidates for Mayor may file an application with the City Secretary for a place on the ballot beginning January 30, 2013 through March 1, 2013 at 5:00 p.m. Candidates for District 4 may file an application with the City Secretary for a place on the ballot beginning February 9, 2013 through March 11, 2013 at 5:00 p.m. 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 -1 ". 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 April 29, 2013 and ending on May 7, 2013: City Hall, 444 Fourth Street Port Arthur Public Library, 4615 Ninth Avenue R. L. Eldridge Community Center, 5262 South Gulfway Drive (Sabine Pass) Early voting by personal appearance will be conducted on Friday, May 3, 2013, and on Tuesday, May 7, 2013, 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 s. 6297 7 ORDER AND NOTICE OF ELECTION TO BE HELD MAY 11, 2013 Please contact the City Secretary's Office at (409) 983 -8115 for an Application for a Ballot by Mail. Applications for a Ballot by Mail shall be mailed to: City of Port Arthur Or City of Port Arthur City Secretary Sherri Bellard City Secretary Sherri Bellard Post Office Box 1089 444 Fourth Street Port Arthur, Texas 77641 -1089 Port Arthur, Texas 77640 Applications for Mail Ballots must be received no later than the close of business on Friday, May 3, 2013. Issued this day of , 2013. Deloris "Bobbie" Prince, Mayor City of Port Arthur s. 6297 8 EXHIBIT "A -1" SHALL BE PRESENTED AT THE COUNCIL MEETING s. 6297 9 EXHIBIT "A -2" ELECTION PRECINCTS: POLLING PLACES: R. L. ELDRIDGE COMMUNITY CENTER 5262 S. Gulfway Drive (Sabine Pass) (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 PAPORT & PAISD Precincts 97 PAPORT Precinct 101) TYRRELL ELEMENTARY 4401 Ferndale (All or a portion of Jefferson County Election Precincts 44, 47, 48, 49, 76 & 93) PORT ARTHUR PUBLIC LIBRARY 4615 Ninth Avenue (All or a portion of Jefferson County Election Precincts 45, 46, 70, 82, 95, 96, 98 & 105) PORT ARTHUR CITY HALL 444 Fourth Street (All or a portion of Jefferson County Election Precincts 50, 51, 52, 53, 54, 55, 57 & 81) ABRAHAM LINCOLN MIDDLE SCHOOL 1023 Abe Lincoln (FORMERLY LINCOLN HIGH SCHOOL) (All or a portion of Jefferson County Election Precincts 58, 59 & 104) TAFT ELEMENTARY SCHOOL 2500 Taft Avenue (All or a portion of Jefferson County Election Precincts 42, 43, 71 & 102 and a portion of Orange County Election Precinct 28 PAPORT & PAISD Precincts 60 & 61) s. 6297 10