HomeMy WebLinkAboutPO 6497 - CANVASSING THE SPECIAL ELECTION - UPDATED P.O. No. 6497
11/10/15 SB
UPDATED
ORDINANCE NO.
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF THE SPECIAL ELECTION HELD ON NOVEMBER 3, 2015
FOR THE PURPOSE OF FILLING A VACANCY IN CITY COUNCIL
POSITION 7 AND ORDERING A RUNOFF ELECTION FOR DECEMBER
15, 2015, AND PROVIDING FOR PUBLICATION OF THE ELECTION
ORDER
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/Position Term Expiration of Term
Mayor Deloris "Bobbie" Prince Mayor 3 year May 2016
Coundlmembers
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 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, on August 18, 2015, the City Council adopted Ordinance No. 15-36 that called for a
Special Election for the purpose of filling a vacancy for Position 7; and
WHEREAS, on September 5, 2015, the City Secretary certified that the following candidates filed
for office:
For Position 7: Reginald D. Trainer
Charlotte M. Moses
Thomas J. (Tom) Henderson
Antoine "Ton" Freeman
WHEREAS, on August 18, 2015, the City Council adopted Ordinance No. 15-37 approving a Joint
Election Agreement with the Jefferson County Clerk; and
WHEREAS, in accordance with the Charter of the City of Port Arthur and the laws of the State of
Texas applicable thereto, a Special Election was held on Tuesday, November 3, 2015, A.D.; and
WHEREAS, the returns of said Special Election have been made by the County Clerk, to the City
Council of the City of Port Arthur, and the City Council has examined said returns; and
WHEREAS, a Runoff can be called no later than the fifth day after the final canvass pursuant to
Section 2.024 of the Election Code; and
WHEREAS, the City Council has a duty to canvass the returns, pursuant to Chapter 67 of the
Election Code.
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 the returns of said Special Election, after being canvassed by the City Council,
are found and declared to be true and correct. There were cast at said election for the respective
candidates the number of votes as shown on the tabulated statements that are attached hereto and
made a part hereof as Exhibit "A" and as delineated below:
For District 5: Reginald D. Trainer 562
Charlotte M. Moses 1022
s. 6497 2
Thomas J. (Tom) Henderson 355
Antoine "Ton" Freeman 273
Section 3. That based on the representations of the County Clerk, that she conducted the
Election in accordance with state, local and federal law, and based on the presumption under the law that
the election judges are presumed to have done their duty, the City Council has determined that the
Special Election was duly called, ordered, and held in accordance with the laws of the State of Texas, the
Charter of the City of Port Arthur, and Ordinance No. 15-36, that the Order for the conduct of the Special
Election and the returns thereof, have been made by the proper officials, and that the November 3, 2015
election resulted in the need for a Runoff, with no candidate receiving the required majority vote of fifty
percent.
Section 4. That it is declared that there were more than two (2) candidates for the office of
Councilmember from Position 7 and no candidate received a majority of all votes cast for the office of
Councilmember from Position 7. Reginald D. Trainer and Charlotte M. Moses are presently the two (2)
candidates who received the highest number of votes for Position 7.
Section 5.That pursuant to Ordinance No. 15-37, the City of Port Arthur has exercised the option
to extend the terms of the contract with the County Clerk to hold a runoff election which will be held on
December 15, 2015.
Section 6. That the Mayor shall cause notice of the runoff election to be given in accordance with
Section 4.003 of the Texas Election Code by publishing a copy of the Notice of Runoff 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 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 7. That the Notice of Election shall include the location of each polling place and shall
comply with Exhibit "B" and "B-1" attached and made a part hereof.
s. '6497 3
•
Section 8. That pursuant to Section 67.003 of the Election Code, the City Council of the City of
Port Arthur shall meet on December 23, 2015 at 10:30 a.m., and officially canvass the returns and
declare the results of said Runoff Election for Councilmember from Position 7. The respective candidate
receiving a majority of the votes cast at said Runoff Election shall be declared to be elected as
Councilmember from Position 7.
Section 9. That this being an Ordinance for which publication is not required under the Charter
of the City of Port Arthur, it shall not be published, but shall take effect and be in force immediately from
and after its passage.
Section 10. That a copy of the caption of this Ordinance 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
s. 6497 4
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
VALECIA TIZENO, CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
BRIAN MCDOUGAL, CITY MANAGER
s. 6497 5
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EXHIBIT "B"
s. 6497
Exhibit "B"
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 Runoff Election on Tuesday,
December 15, 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 Runoff Election (to fill a vacancy) to be held in the City of
Port Arthur, Texas, on Tuesday, December 15, 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, May 2017 or until his/her respective successor
shall have been elected and duly qualified.
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"B-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 November 30 — December 9,
2015 and December 10 - 11, 2015 from 7:00 a.m. to 7:00 p.m.:
Port Arthur Sub-Courthouse — Main Location
525 Lakeshore Drive, Port Arthur, Texas
Port Arthur Public Library
4615 Ninth Avenue, Port Arthur, Texas
Exhibit "B"
649-
Page 2
ORDER AND NOTICE OF RUNOFF ELECTION
TO BE HELD DECEMBER 15, 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,
December 4, 2015.
Issued this day of , 2015.
Deloris "Bobbie" Prince, Mayor
City of Port Arthur
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