HomeMy WebLinkAboutPO 5242: MAY 4 GENERAL ELECTIONOffice of the City Secretary
Memorandum
DATE: February 26, 2002
TO: Mayor and City ~ouncil reta~~
FROM: Jan Stroder, Acting City Sec
SUBJECT: PROPOSED ORDINANCE NO. 5242 PROVIDING
FOR CONDUCT OF MAY 4, 2002 GENERAL ELECTION
It is recommended that the City Council adopt Proposed Ordinance No. 5242
which provides for the conduct of May 4, 2002 General Election. The proposed
ordinance incorporates the following changes:
(1) Section 13. Pursuant to Section 127.061 Sub-Chapter C) of the
Texas Election Code, sealed ballot boxes shall be used to deliver electronic system
ballots from the polling place to the Central Counting Station. The procedure used in
past elections allowed for the voted ballots to be transferred to a transfer case during
the election process and at the close of voting for delivery to the Central Counting
Station. This is no longer permissible.
(2) Section 16. Judges and Clerks shall be paid $8.00 per hour. The
pay for election officials was $6.00 per hour in past elections. ($8.00 per hour is the
new rate of pay established for the County election officials.)
(3) Order And Notice Of General Election:
It is further recommended that Early Voting be conducted at Central
Mall Shopping Center, 3100 Highway 365 instead of the Port Arthur Library located
at 4615 Ninth Avenue. The Port Arthur Library lobby has become increasingly
crowded for early voting use and access to parking there has been hindered due to
construction at the intersection of Highway 73 and Ninth Avenue.
You will recall that the Rev. Michael Tran, pastor of Queen of Viet Nam
Church 801 Ninth Avenue, requested that an early voting location be established in
the residential area of the Vietnamese community. If Council supports his request
and authorizes an additional eady voting location, it is recommended that it be placed
at St. Joseph's Hall, 800 Ninth Avenue. The estimated cost for this proposal is
$1500.
"REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
P. O. No. 5242
02/13/02 - ts
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE CONDUCT OF THE MAY 4, 2002
GENERAL ELECTION FOR THE PURPOSE OF ELECTING
COUNCILMEMBERS FROM DISTRICTS 1, 2, 3, 4, AND POSITIONS 7 AND
8 IN THE CITY OF PORT ARTHUR, TEXAS; AND PROVIDING FOR A
JOINT ELECTION 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, AND PROVIDING FOR
PUBLICATION OF THE ELECTION NOTICE.
WHEREAS, the City of Port Arthur is a home role City with a governing body composed
of a Mayor and eight (8) Councilmembers as delineated below:
District
Mayor Ortiz
Councilmember Hannah 1
(replaced Councilmember
Lewis who resigned)
Councilmember Barker 2
Councilmember Henderson 3
Councilmember Gillam 4
Councilmember Linden 5
Councilmember Bowers 6
Councilmember Chaisson 7
Councilmember Allen 8
rerli1
3 years
3 years
Expiration of Term
May2004
May2002
3 years
3 years
3 years
3 years
3 years
2 years
2 years
May 2002
May2002
May 2002
May2003
May2003
May 2002
May 2002
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WHEREAS, the terms for the Councilmembers in Districts 1,2, 3, 4, and Positions 7 and
8 will expire in May 2002; and
WHEREAS, these Council persons will be elected from the new council districts as
delineated in Ordinance No. 01-46 as adopted on November 27, 2001; and
WHEREAS, Barney Knight & Associates has made a Justice Department submission on
December 17, 2001 as it pertains to the new Council districts; and
WHEREAS, pursuant to the Texas Election Code Section 3.004, the City Council shall
order a General Election for certain City Council positions to be held in the City of Port Arthur on
the First Saturday in May, 2002, the same being May 4, 2002, between the hours of 7:00 o'clock
a.m. and 7:00 o'clock p.m., for the purpose of electing Councilmembers for District 1, 2, 3, 4, and
Positions 7 and 8, said Order being attached as Exhibit "A".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1. That one voting place shall be provided, (as shown in Exhibit "B") within
each of the precincts or combined precincts into which the City is divided for voting purposes.
Section 2. That all persons are qualified to vote at said election who are qualified voters
under the Constitution and Laws of ~he State of Texas and the City Charter.
Section 3. That the term of office of the person elected as Councilmembers for Districts
1, 2, 3, and 4 shall be for a period of three (3) years and until his/her respective successor shall have
been elected and duly qualified. The term of office for persons elected as Councilmembers for
Positions 7 and 8 shall be for a period of two (2) years and until his/her respective successor shall
have been elected and duly qualified.
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Section 4. 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 Acting City
Secretary. Blue indelible pencils are hereby prescribed for use in checking voter's name.
Section 5. 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 6. That pursuant to Section 67.003 of the Texas Eiection Code, the City Council
of the City of Port Arthur shall meet on the first Tuesday following election day (May 7, 2002) and
canvass the returns and declare the results of said Election. The respective candidates receiving a
majority of the votes cast at said election for Councilmembers of District 1, 2, 3 and 4, shall be
declared to be elected. The respective candidates receiving the plurality of the votes cast for
positions numbered 7 and 8 shall be declared to be elected. A runoff election shall be held as
provided in Section 2.025 of the Texas Election Code on the fourth Saturday, (June 1, 2002) 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 Councilmembers of Districts 1, 2, 3, and 4. In case of a tie for
positions 7 and 8, a second election ~kill be held on the fourth (4th) Saturday (June 1, 2002), unless
the candidates agree to cast lots or one (1) candidate withdraws as provided for by Section 2.002 of
the Texas Election Code.
Section 7. 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
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of Port Arthur, and six (6) months in the District from which elected immediately preceding election
day.
Section 8. 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 Acting City Secretary at least forty-five (45) days but no more than seventy-five (75) days prior
to May 4,2002, 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 Governmefit Code, V.T.C.A., as required
by Election Code Section 141.031.
Section 9. That the Acting 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 coinmencement of early voting; and shall also post
such names in a conspicuous place in her office.
Section 10. That Byron Broussard, 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.
Section 11. That Ken Set~olm, a qualified voter of Jefferson County, Texas, is hereby
appointed as Tabulation Supervisor of the Central Counting Station and said Supervisor's duties are
set forth in Sec. 127.003 of the Texas Election Code.
Section 12. That Louis May, 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.
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Section 13. That pursuant to Section 127.061 (Sub-chapter C) of the Texas Election Code,
sealed ballot boxes shall be used to deliver electronic system ballots from the polling place to the
Central Counting Station.
Section 14. That the conduct of such election shall be in accordance with the
requirements of the Voting Rights Act, and rules of the Department of Justice, including provision
for bilingual assistance, notices, instructions, ballots, and other written materials and information
relating to the electoral process, for which presentation and assistance in the Spanish language is
required. In addition to the election officers to be designated and appointed, Amalia Samuels, a
qualified resident voter of the City of Port Arthur, who reads and speaks the Spanish language
fluently, is hereby appointed as election officer to be on call on a standby basis to render personal
assistance to any voter requesting personal assistance at any polling place on Election day and
during Early Voting in accordance with the Election laws.
Section 15. That in accordance with Chapter 32 of the Election Code, and Article III,
Section 4 of the City Charter, the City Council hereafter shall appoint a presiding Judge and an
alternate presiding judge and clerks for each polling place.
Section 16. That the Judges and clerks shall be paid the sum of eight ($8.00) dollars per
hour subject to the limitations of the Texas Election Code Sections 32.091 through 32.094. 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 17. That the Acting 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, and the same shall be printed not less than twenty (20) days before the
election.
Section 18. That a Special Canvassing Board for early ballots is hereby established,
which shall consist of the election officers for Precinct No.'s 44, 47, and 93.
Section 19. 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 Acting 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, and as outlined in the terms of the
agreement contained herein.
Section 20. That the Port Arthur Independent School District, the Sabine Pass
Independent School District and the Sabine Pass Port Authority will be responsible for their own
preparation, adoption and publication of all required election orders, resolutions, notices and
pertinent documents required by their governing body.
Section 21. That the terms of agreement of said joint election shall be as follows:
a. Election expenses for the joint precincts and polling places, with the exception of Sabine
Pass, shall be divided equally between the City and the Port Arthur Independent School District.
b. Election expenses of Sabifie Pass shall be divided equally between the City, Sabine Pass
Independent School District and the Sabine Pass Port Authority.
c. Single ballot forms shall contain the position for Councilmembers for Districts 1, 2, 3,
4 and Positions 7 and 8 in the City of Port Arthur, two (2) trustee positions for the Port Arthur
Independent School District, three (3) trustee positions for the Sabine Pass Independent School
District and two (2) Commissioner positions for the Sabine Pass Port Authority.
returns.
f.
d. Records for each entity shall be combined.
Election returns shall be made on joint forms, but each entity shall canvass its own
Early voting shall be conducted jointly and the Acting City Secretary of the City of Port
Arthur shall serve as the Early Voting Clerk for the joint early voting.
Section 22. That the terms of the aforesaid agreement shall be acknowledged by the
signature of a duly authorized officer of the Port Arthur Independent School District, the Sabine Pass
Independent School District and the Sabine Pass Port Authority.
Section 23. 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 Acting 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.
Section 24. That this Ordinance shall take effect immediately from and after its passage.
READ, ADOPTED and APPROVED this the __ day of A.D., 2002,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the
Mayor ;
following vote: AYES:
Councilmembers
NOES:
ATTEST:
MAYOR
ACTING CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
AGREED TO:
PORT ARTHUR INDEPENDENT SCHOOL DISTRICT
DATE:
SABINE PASS INDEPENDENT SCHOOL DISTRICT
DATE:
SABiNE PASS PORT AUTHORITY
DATE:
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EXHIBIT "A"
ORDER AND NOTICE OF A GENERAL ELECTION
IN THE CITY OF PORT ARTHUR, TEXAS
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 General Election to be held in the City of Port Arthur, Texas,
on Saturday, May 4, 2002, between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m., for the
purpose of electing Councilmembers for Districts 1, 2, 3, 4, and Positions 7 and 8. The term of
office of the Councilmembers from Districts 1, 2, 3 and 4 will be for three (3) years and until their
respective successor shall have been elected and duly qualified. The term of office of the
Councilmembers from Positions 7 and 8 will be two (2) years and until their respective successors
shall have been elected and duly qualified. Candidates may file an application with the Acting City
Secretary for a place on the ballot beginning on February 18, 2002 through March 20, 2002.
Said election shall be by Electronic Voting System as provided in Section 123.001 of the
Election Code. The location of each polling place is shown on Exhibit "B". 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 17, 2002 and ending on April 30, 2002:
City Hall, 444 Fourth Street
Central Mall Shopping Center, 3100 Hwy. 365
Lucky Seven Food Store, 200 Gilham Circle
Market Basket #45, 1700 Jefferson Drive
Alford's Supermarket, 5897 W. Port Arthur Road
Sabine Pass Fire Station #4, 5030 S. Gulfway Drive
St. Joseph's Hall, 800 Ninth Avenue
Applications for ballot by mail shall be mailed to:
Acting City Secretary of the City of Port Arthur
P. O. Box 1089
Port Arthur, Texas 77641-1089
Applications for ballot by rna'il must be received no later than the close of business on
April 26, 2002.
Issued this __ day of ,2002.
Mayor Oscar G. Ortiz
City of Port Arthur
EXHIBIT "B"
CITY ELECTION PRECINCTS
SABINE PASS FIRE STATION ~4
(All or a portion of Jefferson County Election Precinct 32)
STEPHEN F. AUSTIN SCHOOL
(All or a portion of Jefferson County Election Precincts
21, 31, 33, 34,106, lll, 112 & PAISD 35)
TYRRELL ELEMENTARY SCHOOL
(All or a portion of Jefferson County Election Precincts
44, 47, 93 & PAISD 60 & 61)
STILWELL TECHNICAL CENTER
(All or a portion of Jefferson County Election Precincts
45, 46, 70, 82, 95, 96, 98, 108, 109 & PAISD 43)
LEE ELEMENTARY SCHOOL
(All or a portion of Jefferson County Election Precincts
48, 49 & 76)
THOMAS EDISON MIDDLE SCHOOL
(Al1 or a portion of Jefferson County Election Precincts
50, 51 & 102)
DEQUEEN ELEMENTARY SCHOOL
(All or a portion of Jefferson County Election Precincts
52, 53 & 102)
WOODROW WILSON MIDDLE S~HOOL
(All or a portion of Jefferson County Election Precincts
54, 55, 57,& 81)
LINCOLN HIGH SCHOOL
(All or a portion of Jefferson County Election Precincts
58, 59, & 94)
TAFT ELEMENTARY SCHOOL
(All or a portion of Jefferson County Election Precinct
71 and Orange County Precinct 28)
POLLING PLACES
5030 S. Gulfway Drive
2441 - 61st Street
4401 Femdale
4801 Ninth Avenue
3939 Delaware
3501 - 12th Street
740 DeQueen Boulevard
1500 Lakeshore Drive
1023 Abe Lincoln
2500 Taft Avenue