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HomeMy WebLinkAboutPO 5765: ORDERING 11/6/07 ELEC.ORDINANCE NO. P.O. No. 5765 07/06/07 ts AN ORDINANCE PERTAINING TO THE VACANCY IN DISTRICT 7 AND PROVIDING FOR THE CONDUCT OF THE NOVEMBER 6, 2007 SPECIAL ELECTION FOR THE PURPOSE OF ELECTING A COUNCILMF/qBER FOR DISTRICT 7 IN THE CITY OF PORT ARTHUR, TEXAS AND PROVIDING FOR THE PUBLICATION OF THE ELECTION NOTICE WHEREAS, Councilmember Prince was elected to Position 7 in the May 2006 General Election; and WHEREAS, Councilmember Prince ran for the position of Mayor in the May 2007 General Election; and the position of WHEREAS, Councilmember Prince was elected to Mayor in the June 30, 2007 Runoff; and WHEREAS, due to the prohibition of dual office holding, Position No. 7 is vacant, and there is a need to call a Special Election for the purpose of filling the vacancy in Position 7; and WHERF~AS, pursuant to Sections 201.025 and 201.026 of the Texas Election Code, the vacancy in Position 7 occurs on the date that Deloris "Bobbie" Prince qualifies for the office of Mayor; and the Texas Election practical after the WHEREAS, pursuant to Section 201.051 of Code, the election shall be ordered as soon as vacancy occurs; and WHEREAS, the City of Port Arthur is a home governing body composed of a Mayor and eight (8) delineated below: rule city with a Councilmembers as z.po5765 1 District or Position Mayor Deloris "Bobbie" Prince Councilmember Jack Chatman 1 (Serving out the remainder of the term of Councilmember Lewis who resigned) Councilmember Cal Jones 2 (Serving out the remainder of the term of Councilmember Barker who resigned) Councilmember Henderson 3 Councilmember Flood Councilmember Beard, Jr. 5 Councilmember Williamson 6 Councilmember * 7 Councilmember Sinegal 8 in May 2008; WHEREAS, pursuant to Section 3.004 Term 3 year 3 year Expiration of Term May 2010 May 2008 3 year May 2008 3 year May 2008 3 year May 2008 3 year May 2009 3 year May 2009 2 year May 2008 2 year May 2008 the term for Councilmember in District 7 will expire and and Section 41.001 of the Texas Election Code, the City Council has the authority to order a Special Election to be held in the City of Port Arthur on the first Tuesday after the first Monday in November, the same being November 6, 2007, between the hours of 7:00 a.m. and 7:00 p.m., for the purpose of electing a Councilmember for District 7, said Order being attached as Exhibit "A"; and Councilmember Prince was elected Mayor as a result of the June 30, 2007 Runoff Election. Position 7 is therefore vacant, and there is a need to call a Special Election on November 6, 2007 called to fill the vacancy. z.po5765 2 WHEREAS, Section 4 of Article II of the existing City Charter states the following: "Section 4. Vacancies. Vacancies in the Council arising from any cause must be filled at a Special Election called for that purpose within one hundred twenty (120) days after the vacancy or vacancies occur as required by Section II of Article XI of the Texas Constitution." WHEREAS, Section 4 of Article II was amended to its existing language in the Charter Election of May 1992. Section 4 of Article II stated the following: Prior to May 1992, "Section 4. Vacancies. Vacancies in the Council arising from any cause shall be filled by a majority vote of the remaining members for the unexpired term or until the next City General Election; provided, however, that in all cases the said vacancy shall be filled by election at the next succeeding City general election for the remaining year of the unexpired term, or for the next full term, as the case may be. Ail persons appointed to fill a vacancy in the Council shall possess all qualifications required for the office." ; and WHEREAS, pursuant to Ordinance No. 92-13, adopted on February 18, 1992, by Mayor Summerlin and Councilmembers Rachel, Lewis, Baptiste, Hartley, Henderson, Guidry, and Allen, with Councilmember Pierre voting against the adoption of the Ordinance wherein changes to the Charter were submitted to the voters for their approval; and WHEREAS, Ordinance No. 92-13 provided that Section 4 would be amended as follows if approved by the voters: "AMENDMENT NO. 6. SHALL SECTION 4 OF ARTICLE II OF THE CITY CHARTER BE AMENDED TO READ AS FOLLOWS: Section 4. Vacancies. Vacancies in the Council arising from any cause must be filled at a Special Election called for that purpose within one hundred twenty (120) days after the vacancy z.po5765 3 or vacancies occur as required by Section 11 of Article XI of the Texas Constitution." ; and WHEREAS, Ordinance No. 92-13 provided that the following proposition would be submitted for voter approval: ~PROPOSITION NO. THREE. SHALL SECTIONS i AND 4 OF ARTICLE II OF THE CITY CHARTER BE AMENDED TO PROVIDE THAT EACH COUNCILMEMBER SHALL SERVE FOR A THREE YEAR TERM EXCEPT THAT COUNCILMEMBERS FOR DISTRICTS FIVE (5) AND SIX (6) SHALL SERVE A TWO YEAR TERM BEGINNING WITH THE 1992 ELECTION AND SHALL SERVE A THREE YEAR TERM BEGINNING WITH THE 1994 ELECTION; THAT THE ELECTION OF THE FOUR COUNCILMEMBERS TO BE ELECTED BY THE QUALIFIED VOTERS OF DISTRICT NOS. 1, 2, 3, AND 4 SHALL BE IN THE YEAR 1993 AND EACH THIRD YEAR THEREAFTER; THAT THE ELECTION OF THE COUNCILMEMBERS FOR DISTRICTS FIVE (5) AND SIX (6) SHALL BE IN THE YEAR 1992 AND IN THE YEAR 1994 AND EVERY THIRD YEAR AFTER THE YEAR 1994; THAT THE ELECTION OF THE MAYOR AND COUNCILMEMBER POSITIONS NUMBERED SEVEN (7) AND EIGHT (8) SH~T.T. BE IN THE YEAR 1992 AND EVERY THIRD YEAR THEREAFTER; THAT NEITHER THE MAYOR NOR ANY COUNCILMEMBER MAY SERVE MORE THAN THREE (3) CONSECUTIVE THREE (3) YEAR TERMS IN THE SAME OFFICE; AND THAT ANY VACANCY IN THE CITY COUNCIL MUST BE FILLED BY SPECIAL ELECTION WITHIN ONE HUNDRED TWENTY (120) DAYS AS REQUIRED BY SECITON 11 OF ARTICLE XI OF THE TEXAS CONSTITUTION." ; and WHEREAS, Proposition No. Three was approved by the voters; and WHEREAS, due to the change in the Charter in 1992, the City Council no longer has the discretion to appoint an interim councilmember as a result of a vacancy for the unexpired term or until the next City General Election; and WHEREAS, Position 7 will therefore remain vacant until it is filled as a result of the November 6, 2007 Special Election. z.po5765 4 NOW THEREFORE, OF PORT ARTHUR, TEXAS: Section 1. true and correct. Section 2. held on November BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY That the facts and opinions in the preamble are That a Special Election is hereby ordered to be 6, 2007 for the purpose of electing a Councilmember for District 7. 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 Special Election shall include a place for the Councilmember for District 7. Section 4. That one (1) voting (as shown in Exhibit "A-i" to Election, attached hereto as precincts or combined precincts voting purposes. place shall be provided, the proposed Order and Notice of Exhibit "A") within each of the into which the City is divided for That all persons are qualified to vote at said Constitution and Laws of the person elected 2007 Special Election as Councilmember for the remainder of the term of Position 7, Section 5. election who are qualified voters under the of the State of Texas and the City Charter. Section 6. That the term of office at the November 6, District 7 shall be for which is May 2008. z.po5765 5 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 Station" to receive and tabulate voted ballots. That pursuant to Section 67.003 of the Texas City Council of the City of Port Arthur shall "Central Counting Section 9. Election Code, the meet on November following election the returns and 14, 2007 which is within eleven (11) days day (November 6, 2007) and officially canvass Election. The of votes for declare the results of said respective candidates receiving a plurality Councilmember 7 shall be declared to be elected. Section 10. 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. z.po5765 6 Section 11. 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., September 5, 2007, and not earlier than August 6, 2007 stating that he/she is fully qualified under the laws of the State of said City to hold the office he/she seeks. include a statement that the candidate is law, Chapter 573 Government Code, V.T.C.A., Code Section 141.031. Section 12. That the City Secretary shall, under her Texas and the Charter of Each application shall aware of the nepotism as required by Election 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 13. Jefferson County, That Christopher Mouton, a qualified voter of 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 14. 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. z.po5765 7 Section 15. 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 Code. Section 16. accordance with forth in Sec. That the conduct the requirements Federal Help America Vote Act Department of Justice, including assistance, notices, instructions, 127.005 of the Texas Election of such election shall be in of the Voting Rights Act, the (HAVA) and the rules of the provisions for bilingual 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, a qualified resident/voter of the City of Port and speaks the Spanish language qualified resident/voter of the speaks the Vietnamese language Fernando Ramirez, Arthur, who reads fluently, as well as Khoi Tran, a City of Port Arthur, who reads and 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 17. That in accordance with Chapter 32 of the Election Code, and Article III, Section 4 of the City Charter, the z.po5765 8 City Council hereinafter shall appoint a Presiding Judge and an Alternate Presiding Judge and Clerks Section 18. That the Judges sum of eight ($8.00) dollars per hour for each polling place. and Clerks shall be paid the 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 19. 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 20. 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 21. 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 z.po5765 9 (21) days before the election. include the location of each polling place and Exhibit "A" attached and made part hereof. The Notice of Election shall shall comply with Section 22. 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 23. That this Ordinance immediately from and after its passage. Section 24. upon the Minutes of the City Council. READ, ADOPTED AND APPROVED shall take effect That a copy of this Ordinance shall be spread on this day of at a Meeting of the City Council of , A.D., 2007, Port Arthur, Texas, by the following vote: Councilmembers the City of AYES: Mayor NOES: ATTEST: DELORIS "BOBBIE" PRINCE, MAYOR EVANGELINE GREEN, CITY SECRETARY z.po5765 10 APPROVED AS TO FORM: CITY ATTORNEY F/I/RS~TAS~ITY ATTORNEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER z.po5765 11 EXHIBIT "A" TO THE ORDINANCE z.po5765 12 ORDER AND NOTICE OF A SPECIAL ELECTION IN THE CITY OF PORT ARTHUR, TEXAS AS TO COUNCIL POSITION 7 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 Special Election to be held in the City of Port Arthur, Texas, on Tuesday, November 6, 2007, between the hours of 7:00 a.m. and 7:00 p.m., for the purpose of electing a Councilmember for District 7. The term of office of the Councilmember from District 7 will be until May 2008, 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 August 6, 2007 through September 5, 2007. 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 October 22, 2007 and ending on November 2, 2007: 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 Fire Station No. 4, 5030 S. Gulfway Drive Early voting by personal appearance will be conducted on Sunday, October 28, 2007, 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, October 28, 2007, 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, November 1, 2007, and on Friday, November 2, 2007, between the hours of 7:00 a.m. and 7:00 p.m. at the following location of the main early voting polling place: z.po5765 13 City Hall, 444 Fourth Street Applications for ballot by mail shall be mailed to: City Secretary of the City of Port Arthur 444 Fourth Street Port Arthur, Texas 77640 or City Secretary of the City of Port Arthur P. O. Box 1089 Port Arthur, Texas 77641-1089 Applications for mail ballots must be received no the close of business on Tuesday, October 30, 2007. Issued this day of , 2007. later than Deloris "Bobbie" Prince, Mayor City of Port Arthur z.po5765 14 EXHIBIT "A-I" z.po5765 15 CITY ELECTION PRECINCTS: SABINE PASS FIRE STATION NO. 4 (Ail or a portion of Jefferson County Election Precinct 32) STEPHEN F. AUSTIN SCHOOL (Ail or a portion of Jefferson County Election Precincts 33, 34, 106, 111, 112, 113, 114, 115) TYRRELL ELEMENTARY (Ail or a portion of Jefferson County Election Precincts 44, 47, 93, 102) STILWELL TECHNICAL CENTER (Ail or a portion of Jefferson County Election Precincts 45, 46, 70, 82, 95, 96, 98, 109) ROBERT E. LEE ELEMENTARY SCHOOL (Ail or a portion of Jefferson County Election Precincts 48, 49 & 76) THOMAS EDISON MIDDLE SCHOOL (Ail or a portion of Jefferson County Election Precincts 50 & 51) DEQUEEN ELEMENTARY SCHOOL (Ail or a portion of Jefferson County Election Precincts 52 & 53) PORT ARTHUR CITY HALL (Ail or a portion of Jefferson County Election Precinct 54, 55, 57 & 81) MEMORIAL HIGH SCHOOL 9xH GRADE CENTER (FORMERLY LINCOLN HIGH SCHOOL) (Ail or a portion of Jefferson County Election Precincts 58, 59 & 94) TAFT ELEMENTARY SCHOOL (A portion of Jefferson County Election Precinct 71 and a portion of Orange County Election Precinct 28} POLLING PLACES: 5030 S. Gulfway Drive 2441 - 61st Street 4401 Ferndale 4801 Ninth Avenue 3939 Delaware 3501 12TH Street 740 DeQueen Boulevard 444 4TH Street 1023 Abe Lincoln 2500 Taft Avenue z.po5765 16