HomeMy WebLinkAboutPO 6448: AMENDING ORDINANCE NO. 15-06 P.O. No. 6448
02/10/2015 sb
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 15-06 FOR PURPOSE
OF DECLARING AN UNOPPOSED CANDIDATE ELECTED FOR
DISTRICT 6 AND CANCELLING THE CONDUCT OF A JOINT ELECTION
WITH THE SABINE PASS INDEPENDENT SCHOOL DISTRICT AND
THE PORT OF PORT ARTHUR NAVIGATION DISTRICT; PROVIDING
FOR THE CONDUCT OF THE MAY 9, 2015 GENERAL ELECTION FOR
THE PURPOSE OF ELECTING TWO (2) COUNCILMEMBER IN THE
CITY OF PORT ARTHUR, TEXAS; AND PROVIDING FOR A JOINT
ELECTION WITH THE PORT ARTHUR INDEPENDENT SCHOOL
DISTRICT AND THE SABINE PASS PORT AUTHORITY IN
ACCORDANCE WITH CHAPTER 271 OF THE TEXAS ELECTION CODE,
AND PROVIDING FOR THE PUBLICATION OF THE ELECTION NOTICE
WHEREAS, the City of Port Arthur is a home rule city with a governing body
composed of a Mayor and eight (8) Councilmembers as delineated below:
District/ Term Expiration of Term
Position
Mayor Prince 3 year May 2017
Councllmembers:
Raymond Scott, Jr. 1 3 year May 2017
Tiffany Hamilton 2 3 year May 2017
Morris Albright 3 3 year May 2017
Stephen A. Mosely 4 3 year May 2017
Willie "Bae"Lewis, Jr. 5 3 year May 2015
Robert Williamson 6 3 year May 2015
Derrick Freeman 7 3 year May 2017
Kerry "Twin"Thomas 8 3 year May 2017
WHEREAS, the terms for Councilmembers of Districts 5 and 6 will expire May,
2015; and
WHEREAS, pursuant to Section 3.004 and Section 41.001 of the Texas Election
Code, the City Council shall order a General Election for Council positions to be held in the
City of Port Arthur on the second Saturday in May of 2015, the same being May 9,
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2015, between the hours of 7:00 a.m. and 7:00 p.m., for the purpose of electing
Councilmembers for Districts 5 and 6, said Order being attached as Exhibit "A".
WHEREAS, the governing body for the Sabine Pass Independent School District has
submitted a cancellation notice, as delineated in Exhibit"C,"and will no longer be included
in the May 9, 2015 General Election; and
WHEREAS, the governing body for the Port of Port Arthur Navigation District has
submitted a cancellation notice, as delineated in Exhibit"D", and will no longer be included
in the May 9, 2015 General Election.
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 Ordinance No. 15-06 is herein amended as to declare an
unopposed candidate for District 6, as evidenced in the City Secretary's Certification
document attached hereto as Exhibit "B" to cancel the Joint Election with Sabine Pass
Independent School District, as evidenced in the submitted documents attached hereto as
Exhibits"C", and the Port of Port Arthur Navigation District, as evidenced in the submitted
documents attached hereto as Exhibits"D", and designate the Joint Election with the Port
Arthur Independent School District and the Sabine Pass Port Authority.
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 General Election shall include a place for each vacant Council position.
Section 4. That one (1) voting place shall be provided, (as shown in Exhibit"A-1"
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.
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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.
Section 6. That the term of office of the person elected as for each Council
position shall be for a period of three (3) years and until his/her respective successor shall
have been elected and duly qualified.
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 electronic voting equipment certified by the
Secretary of State.
Section 8. That the Robert E. "Bob" Bowers Civic Center at 3401 Cultural Center
Drive is hereby designated as the"Counting Station"to receive and tabulate voted ballots.
Section 9. That pursuant to Section 67.003 of the Texas Election Code, the City
Council of the City of Port Arthur shall meet on Wednesday, May 20, 2015, which is within
eleven (11) days following election day (May 9, 2015) and officially canvass the returns and
declare the results of said Election. The respective candidate receiving a majority of the
votes cast at said election for Districts 5 shall be declared to be elected. A runoff
election shall be held as provided in Section 2.O25(a) of the Texas Election Code
on Saturday, June 27, 2015, after the final canvass is completed in the event that a
candidate does not receive the majority of votes cast in the General Election for Council
Districts 5.
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
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twelve (12) months in the City of Port Arthur and six (6) months in their District from which
elected immediately preceding election day.
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., Friday, February 27,
2015 and not earlier than Wednesday, January 28, 2015, stating that he/she is fully
qualified under the laws of the State of Texas and the Charter of said City to hold the office
he/she seeks. Each application shall include a statement that the candidate is aware of the
nepotism law, Chapter 573 Government Code, V.T.C.A., as required by Election Code
Section 141.031.
Section 12. That the City Secretary shall, under her 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. 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 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 this General City Election shall be held jointly with the Port
Arthur Independence School District and the Sabine Pass Port Authority in accordance with
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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 16. 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.
Section 17. That the Notice of Election shall include the location of each polling
place and shall comply with Exhibit "A-1" attached and made part hereof.
Section 18. That this Ordinance shall take effect immediately from and after its
passage.
Section 19. That a copy of this Ordinance shall be spread upon the Minutes of the
City Council.
READ,ADOPTED AND APPROVED on this day of ,
A.D., 2015, at a Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote:
AYES: Mayor
Councilmembers
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NOES:
DELORIS PRINCE, MAYOR
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
\(Ct
VALECI TIZE 0, CITY TTOR Y
APPROVED FOR ADMINISTRATION:
BRIAN MCDOUGAL, CITY MANAGER
pane
EXHIBIT "A"
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Exhibit"A"
ORDER AND NOTICE
OF A GENERAL ELECTION
IN THE CITY OF PORT ARTHUR, TEXAS
JEFFERSON COUNTY TEXAS
Notice is hereby given that the City of Port Arthur will hold a Joint Election in
conjunction with the Port Arthur Independent School District and the Sabine Pass Port
Authority on Saturday, May 9, 2015, 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 9, 2015, between the hours of 7:00 a.m. and
7:00 p.m., for the purpose of electing Councilmembers for Districts 5 and 6. The term of
office for the Councilmembers will be for three (3) years and until his/her respective
successor shall have been elected and duly qualified. Candidates may file an application
with the City Secretary for a place on the ballot beginning January 28, 2015 through
February 27, 2015.
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 27, 2015 and ending on May 5, 2015:
City Hall, 444 Fourth Street
Port Arthur Public Library, 4615 Ninth Avenue
Sabine Pass School, 5641 South Gulfway Drive
Early voting by personal appearance will be conducted on Friday, May 1, 2015, and
on Tuesday, May 5, 2015, 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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Exhibit"A"
Page 2
ORDER AND NOTICE OF GENERAL ELECTION
TO BE HELD MAY 9, 2015
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 Thursday, May , 2015.
Issued this day of , 2015.
Deloris "Bobbie" Prince, Mayor
City of Port Arthur
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EXH I BIT "A- 1"
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EXHIBIT"A-1"
ELECTION PRECINCTS: POLLING PLACES:
R. L. ELDRIDGE COMMUNITY CENTER 5262 S. Gulfway Drive
(All or a portion of Jefferson
County Election Precinct 32)
MEMORIAL 9TH GRADE ACADEMY
(Formerly known as Stephen F. Austin Middle School) 2441 - 61st Street
(All or a portion of Jefferson
County Election Precincts 33 & 34)
TYRRELL ELEMENTARY 4401 Ferndale
(All or a portion of Jefferson
County Election Precincts 43, 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 Precinct 50, 51, 52, 53, 54, 55 & 81)
ABRAHAM LINCOLN MIDDLE SCHOOL 1023 Abe Lincoln
(FORMERLY LINCOLN HIGH SCHOOL)
(All or a portion of Jefferson
County Election Precincts 57, 58, 59 & 104)
TAFT ELEMENTARY SCHOOL 2500 Taft Avenue
(All or a portion of Jefferson
County Election Precinct 42, 60, 61, 71 & 102)
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EXHIBIT " B"
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DELORIS"BOBBIE"PRINCE,MAYOR ( I// BRIAN MCDOUGAL
DERRICK FREEMAN,MAYOR PRO TEM •
V CITY MANAGER
Energy
COUNCIL MEMBERS: City of ct�y yyyy��� SHERRI BELLARD
RAYMOND SCOTT,JR. 1. 111) CITY SECRETARY,TRMC
TIFFANY L.HAMILTON \\ �1
MORRIS ALBRIGHT,III * CHAfilt ‘
VALECIA R.TIZENO
STEPHEN A.MOSELY u r CITY ATTORNEY
WILLIE"BAE"LEWIS,JR.
ROBERT E."BOB"WILLIAMSON Texas
KAPRINA RICHARDSON FRANK
CERTIFICATION
CERTIFICACION
This is to certify that the following candidates have duly filed with this office to be placed on the Ballot
of the City of Port Arthur General Election to be held on May 9, 2015.
Se certifica que los siguientes candidatos han presentado en debida forma con esta oficina para ser colocado
en la boleta electoral de la ciudad de Port Arthur General de eleccione para llenar una vacante, que se celebrara el 9 de
mayo de 2015
For Council Member District Five (5)
Para miembro del Concejo del distrito cinco (5)
Keith Richard 6001 Reba Drive, Port Arthur, Texas 77640
Willie "Bae" Lewis,Jr. 2301 Lakeshore Drive, Port Arthur, Texas 77640
For Council Member District Six (6)
Para miembro del Concejo del distrito seis(6)
Osman Swati 4710 Jimmy Johnson Blvd., Port Arthur, Texas 77642
Unopposed
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28th day of February, 201 5
DADAS POR MI MANO DE CONFORMIDAD CON EL SELLO DE LA OFICINA este 28th diia de
de febrero de 2015
• 1 id /
Sherri Bellard, City Secretary
iudad Secretario, Sherri Bellard
EXHIBIT "C"
•
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1
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AWE 2-2
Prescribed by Secretary of State
Section 2.051—2.053,Texas Election Code
2/14
ORDER OF CANCELLATION
EJEMPLO DE ORDEN DE CANCELACION
The Sabine Pass ISD hereby cancels the election scheduled to be held on 5
(official name of governing body)
May 9,2015 in accordance with Section 2.053(a)of the Texas
(date on which election was scheduled to be held)
Election Code. The following candidates have been certified as unopposed and are hereby
elected as follows;
El por he presente cancela la eleccion que, de to conlrario,
(timbre afield de In entidnd gnhernnnte)
se Izubiera celebrado el de conformidad,con
(/echo en que se hublern celebrado In e/eccihn)
la Seccion 2.053(a) del Codigo de Elecciones de Texas. Los siguientes candidatos ban sido
certifzcados coma candidatos zinicos y por la presence quedan elegidos coma se haya indicado
a continuacion:
Candidate(Candidata) Office Sought(Cargo al que presenia candidature)
Phyllis Almond Board Member
Bertha Seymour Board Member
A copy of this order will be posted on Election Day at each polling place that would have
been used in the election.
El Dia de las Elecciones se exhibirk una Copia de esta orden en todas las mesas electorates
que se hubieran utilizedo en la eleccion.
1 �
/ r G
res' ent (Presidents)
(--PIK aS 146hernt-
Secretary(Secretario)
(seal)(sello)
March 3,2015
Date of adoption (Fecha de adopcion)
See reverse side for instructions
Instrucciones en el reverso
EXHIBIT "D"
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CERTIFICATION OF UNOPPOSED CANDIDATES
CERTIFICACION DE CANDIDATOS ONICOS
To: Presiding Officer of Governing Body
Al: Presidente de la entidad gobernante
As the authority responsible for having the official ballot prepared,I hereby certify that the following
candidates are unopposed for election to office for the election scheduled to be held on May 9,2015.
Como autoridad a cargo de la preparacion de la boleta de votacion oficial,por la presente certifico
que los siguientes candidatos son candidatos unicos para eleccion para un cargo en la eleccion que
se llevara a cabo el 9 de Mayo, 2015.
List offices and names of candidates:
Lista de cargos y nombres de los candidatos:
Office(s) Cargo(s) Candidate(s) Candidato(s)
Commissioner (Comisionado) Linda Turner Spears
Commissioner (Comisionado) John Comeaux
Commissioner (Comisionado) Norris Simon, Jr.
/ 6:6&)
Signa ' (Fir ,-)
Judy Bettis
Printed name (Nombre en letra de molde)
Agent for Secretary, Board of Commissioners
Title (Puesto)
March 18, 2015 (Seal) (sello)
Date of signing (Fecha de firma)
ORDER OF CANCELLATION
ORDEN DE CANCELACION
The Port of Port Arthur Navigation District of Jefferson County,Texas hereby cancels the election
scheduled to be held on May 9, 2015 in accordance with Section 2.053(a) of the Texas Election
Code. The following candidates have been certified as unopposed and are hereby elected as follows:
El Distrito de Navegacion del Puerto de Port Arthur por la presente cancela la eleccion que, de lo
contrario, se hubiera celebrado el 9 de Mayo, 2015 de conformidad, con la Seccion 2.053(a) del
Codigo de Elecciones de Texas. Los siguientes candidatos han sido certificados como candidatos
iunicos y por la presente quedan elegidos como se haya indicado a continuacion:
Candidate (Candidato) Office Sought (Cargo al que presenta candidatura)
Linda Turner Spears Commissioner (Comisionado)
John Comeaux Commissioner (Comisionado)
Norris Simon, Jr. Commissioner (Comisionado)
A copy of this order will be posted on Election Day at each polling place that would have been used
in the election.
El Dia de las Elecciones se exhibira una Copia de esta orden en todas las mesas electorales que se
hubieran utilizado en la eleccion.
• • -
Preside (P sidente)
Agent for S y.etary %:oard of Commissioners(Secretario)
(seal) (sello)
March 18, 2015
Date of adoption (Fecha de adopcion)