HomeMy WebLinkAboutPO 6478: SPECIAL ELECTION ON NOVEMBER 3, 2015, POSITION 7 P.O. No. 6478
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ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE CONDUCT OF A SPECIAL
ELECTION ON NOVEMBER 3, 2015, IN ORDER TO FILL A VACANCY
IN POSITION 7, PURSUANT TO ARTICLE 11, SECTION 11 OF THE
TEXAS CONSTITUTION AND 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 2016
Counci/members:
Raymond Scott, Jr. 1 3 year May 2017
Tiffany Hamilton 2 3 year May 2017
Morris Albright 3 3 year May 2017
Stephen Mosely 4 3 year May 2017
Willie "Bae" Lewis 5 3 year May 2018
Osman Swati 6 3 year May 2018
Derrick Freeman 7 3 year May 2017
Kaprina Frank 8 3 year May 2017
WHEREAS, Councilmember Freeman who represents Position 7, whose term ends
in May of 2017, has made an announcement for the position of Mayor; and
WHEREAS, the term for the Mayor will expire May 2016; and
WHEREAS, Article 11, Section 11 of the Texas Constitution provides that once an
announcement of candidacy is made, an automatic resignation is triggered; and
WHEREAS, Article 11, Section 11 of the Texas Constitution further indicates that
the vacancy must be filled by a special election within one hundred and twenty days after
the date the vacancy occurs; and
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WHEREAS, pursuant to Article 16, Section 17 of the Texas Constitution,
Councilmember Freeman may continue to serve until a successor is duly qualified; and
WHEREAS, it is therefore necessary to hold a Special Election on November 3,
2015 as to fill the vacancy for Position 7, which is within the one hundred and twenty day
Texas Constitutional requirement; and
WHEREAS, the newly elected person for Position 7 shall serve out the remaining
term of Councilmember Freeman through May of 2017.
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 a Special Election is hereby ordered to be held on November 3,
2015, for the purpose of electing a person to fill the position for Position 7 as delineated
in 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 a Council Person for
Position 7.
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.
Section 5. 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.
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Section 6. That the term of office for the persons that files in Position 7 shall
be for the remaining term of Council Position 7 (May 2017).
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 7963 Viterbo Road, Beaumont, Texas is hereby designated as
the "Central Counting Station" to receive and tabulate voted ballots as required by the
Jefferson County Clerk
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 November 16, 2015, which is within eleven
(11) days following election day (November 3, 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 Position 7 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 December 1, 2015, after the final canvass is completed in the event that a
candidate does not receive the majority of votes cast in the Special Election for Council
Position 7.
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 their District
from which elected immediately preceding election day.
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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 2, 2015
and not earlier than August 19, 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 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.
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Section 15. That the Notice of Election shal'J include the location of each polling
place and shall comply with Exhibit "A" attached and made part hereof.
Section 16. That this Ordinance shall take effect immediately from and after its
passage.
Section 17. 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 ,
•
NOES: .
DELORIS PRINCE, MAYOR
ATTEST:
CITY SECRETARY
APPROVED S TO FORM:
St
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CITY ATT RN
APPROVED FOR ADMINISTRATION:
BRIAN MCDOUGAL, CITY MANAGER
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EXHIBIT ""A"
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Exhibit"A"
ORDER AND NOTICE
OF A SPECIAL ELECTION
IN THE CITY OF PORT ARTHUR, TEXAS
JEFFERSON COUNTY TEXAS
Notice is hereby given that the City of Port Arthur will hold a Special Election on
Tuesday, November 3, 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 Special Election (to fill a
vacancy) to be held in the City of Port Arthur, Texas, on Tuesday, November 3, 2015,
between the hours of 7:00 a.m. and 7:00 p.m., for the purpose of electing a
Councilmember for Position 7. The term of office for the Councilmember will be the
remaining term of Councilmember Derrick Freeman, through November 3, 2015 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 August 19,
2015 through September 2, 2015 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. on October 19 -23, 2015 and October 26-28, 2015 and from
7:00 a.m. to 7:00 p.m. on October 29-30, 2015:
Port Arthur Public Library, 4615 Ninth Avenue
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Exhibit "A"
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ORDER AND NOTICE OF SPECIAL ELECTION
TO BE HELD NOVEMBER 3,
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:
Carolyn Guidry
Jefferson County Clerk
Post Office Box 1151
Beaumont, Texas 77704-1151
Applications for Mail Ballots must be received no later than the close of
business on Friday, October 23, 2015.
Issued this day of , 2015.
Deloris "Bobbie" Prince, Mayor
City of Port Arthur
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EXHIBIT ""A- 1"
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EXHIBIT"A-1"
ELECTION PRECINCTS: POLLING PLACES:
R. L. ELDRIDGE COMMUNITY CENTER 5262 S. Gulfway Drive
(Sabine Pass)
(All Precincts)
DEQUEEN ELEMENTARY 740 DeQueen Blvd.
(All Precincts)
EL VISTA COMMUNITY CENTER 615 Ellias Street
(All Precints)
PORT ARTHUR PUBLIC LIBRARY 4615 Ninth Avenue
(All Precints)
JEFFERSON COUNTY SUB-COURTHOUSE 525 Lakeshore Drive
(All Precincts)
MEMORIAL 9th GRADE ACADEMY 2441 61st Street
(All Precincts)
O.W. COLLINS APARTMENT COMPLEX 4440 Gulfway Drive
(All Precincts)
PORT ARTHUR RECREATION CENTER 1308 9th Avenue
(All Precincts)
TRAVIS ELEMENTARY 1115 Lakeview Avenue
(All Precincts)
WILLIE RYMAN III COMMUNITY CENTER 3248 39th Street
(All Precincts)
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