HomeMy WebLinkAboutPO 6511: SPECIAL ELECTION ON APRIL 2, 2016 P.O. No. 6511
01/04/2016 sb
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE CONDUCT OF A SPECIAL
ELECTION ON APRIL 2, 2016, IN ORDER TO FILL A VACANCY IN
DISTRICT FOUR(4) 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
Councilmembers:
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
Robert Williamson 6 3 year May 2018
Charlotte M. Mosely 7 3 year May 2017 (unexpired term)
Kaprina Frank 8 3 year May 2017
WHEREAS, the term for Councilmember District 4 will expire May 2017; and
WHEREAS, Councilmember Stephen A. Mosely who represents District 4, has duly
filed for Jefferson County Commissioner; and
WHEREAS, pursuant to Article 11, Section 11 of the Texas Constitution, said
announcement triggers an automatic resignation; and
WHEREAS, pursuant to Article 16, Section 17 of the Texas Constitution,
Councilmember Mosely may continue to serve until a successor is duly qualified; and
WHEREAS, it is therefore necessary to hold a Special Election on April 2, 2016 as to
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fill the vacancy for District 4; and
WHEREAS, the newly elected person for District 4 shall serve out the remaining
term of Councilmember Mosely 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 April 2, 2016
for the purpose of electing a person to fill the position for District 4 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 District 4.
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.
Section 6. That the term of office for the persons that files in District 4 shall be
for the remaining term of Council District 4 (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.
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Section 8. That said election shall only provide one kind of voting system, no
paper ballots will be provided, as mandated by Texas Election Code Sec 123.005.
Section 9. 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 10. That pursuant to Section 67.003 of the Texas Election Code, the City
Council of the City of Port Arthur shall meet on April 13, 2016, which is within eleven (11)
days following election day (April 2, 2016) 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 District 4 shall be declared to be elected. A runoff election shall be
held as provided in Section 2.025(a) of the Texas Election Code on May 28,
2016, after the final canvass is completed in the event that a candidate does not receive
the majority of votes cast in the Special Election to Fill a Vacancy for District 4.
Section 11. 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.
Section 12. 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., February 1, 2016 and
not earlier than January 13, 2016, 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.
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Section 13. 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 14. That the conduct of such election shall be in accordance with the
requirements of the Texas Election Code, including provisions for bilingual assistance,
notices, instructions, electronic ballots,and other written materials and information relating
to the electoral process, for which presentation and assistance is required.
Section 15. That in accordance with Chapter 32 of the Election Code, and Article
III, Section 4 of the City Charter,the City Council shall hereinafter appoint the following on
January 26, 2016:
• Presiding Judges for each polling place as set forth in Sections 32.031 and 32.032 of
the Texas Election Code and with such compensation as to be set by the City
Council per Sections 32.091 and 32.092 of the Texas Election Code.
• Manager of the Counting Station with such duties as set forth in Section 127.002 of
the Texas Election Code and with such compensation as to be set by the City
Council.
• Tabulation Supervisor of the Counting Station with such duties as set forth in
Section 127.003 of the Texas Election Code.
• Presiding Judge and Alternate Presiding Judge of the Counting Station with duties
and compensation as set forth in Section 127.005 of the Texas Election Code and
with such compensation as to be set by the City Council.
• Early Voting Ballot Board with such duties as delineated in Section 87.002 of the
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Election Code which includes the processing of mail ballots and provisional ballots
from the Voter Registrar and with such compensation as to be set by the City
Council per Section 87.005 of the Election Code.
• Signature Verification Committee if requested by the Early Voting Clerk pursuant to
Section 87.027 of the Texas Election Code.
Section 16. That In addition to the election officers to be designated and
appointed, Karina Shields, a registered voter of Jefferson County who reads and speaks the
Spanish language fluently, as well as Huy Tran, a registered voter in Jefferson County who
reads and speaks the Vietnamese language 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 $15 per hour. Before serving as an
interpreter, Karina Shields and Huy Tran shall take the oath as delineated in Section 61.035
of the Election Code. The City Secretary shall place placards that Spanish and Vietnamese
interpreters are available via cell phone and listing their phone numbers. If a person needs
assistance, the interpreters will visit the polling locations. Written translations of election
documents shall be paid in the sum of $0.10 per word, subject to the limitations of the
Texas Election Code and with such qualifications as delineated in the Election Code.
Section 17. That the Judges and the Alternate Judges shall be paid the sum of
fifteen ($15.00) dollars per hour and the Election Clerks shall be paid the sum of thirteen
($13.00) dollars per hour, 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 18. That the City Secretary is hereby directed to cause the official ballots
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for use at said Election to be prepared in the manner prescribed by Article III, of the
Charter and the Texas Election Code.
Section 19. 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 20. That the Notice of Election shall include the location of each polling
place and shall comply with Exhibit"A" attached and made part hereof.
Section 21. That this Ordinance shall take effect immediately from and after its
passage.
Section 22. 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., 2016, at a Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote:
AYES: Mayor ,
Councilmembers ;
NOES: .
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DELORIS PRINCE, MAYOR
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
C
VALECIA TIZENO, 4L4A Y ATTORNEY
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 (to fill a
vacancy) on Saturday, April 2, 2016, 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 Saturday, April 2, 2016, between the hours of
7:00 a.m. and 7:00 p.m., for the purpose of electing a Councilmember for District 4. The
term of office for the Councilmember will be the remaining term of Councilmember Stephen
A. Mosely through May 2017 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 13, 2016 through February 1, 2016 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. beginning on March 16, 2016 and ending on March 29, 2016:
City Hall, 444 Fourth Street
Port Arthur Public Library, 4615 Ninth Avenue
Early voting by personal appearance will be conducted on Thursday, March 24,
2016, and on Tuesday, March 29, 2016, between the hours of 7:00 a.m. and 7:00 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 SPECIAL ELECTION
TO BE HELD APRIL 2, 2016
Please contact the City Secretary's Office at (409) 983-8115 for an Application for a
Ballot by Mail or submit your request by e-mail at mailballotapplications@portarthurtx.gov.
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 delivered by the voter in person must be received no later than 5:00
p.m. on Friday, March 15, 2016. Applications for Mail Ballots by mail must be received no
later than the close of business on Tuesday, March 22, 2016.
Issued this day of , 2016.
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:
MEMORIAL 9TH GRADE CAMPUS
(Formerly known as Stephen F. Austin) 2441 - 61st Street
(All or a portion of Jefferson
County Election Precincts 33 & 34
PORT ARTHUR PUBLIC LIBRARY 4615 Ninth Avenue
(All or a portion of Jefferson
County Election Precincts 82,
96, 98 & 105
PORT ARTHUR CITY HALL 444 Fourth Street
(All or a portion of Jefferson
County Election Precinct 55, 59 & 81
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