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HomeMy WebLinkAboutPO 6527: CONDUCT OF A SPECIAL ELECTION ON MAY 7, 2016 TO SUBMIT A PROPOSITION, TO AMENDED IN ACCOURDNCE WITH CHAPTER 271 OF THE TEXAS ELECTION CODE (REQUESTED BY COUNCILMEMBER LEWIS) P.O. No. 6527 02/03/2016 sb ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE CONDUCT OF A SPECIAL ELECTION ON MAY 7, 2016, TO SUBMIT A PROPOSITION AS TO WHETHER OR NOT THE CITY CHARTER SHALL BE AMENDED IN ACCORDANCE WITH CHAPTER 271 OF THE TEXAS ELECTION CODE, AND PROVIDING FOR THE PUBLICATION OF THE ELECTION NOTICE (REQUESTED BY COUNCILMEMBER LEWIS) WHEREAS, pursuant to Section 9.004 Texas Local Government Code, the City Council may on its own motion by the approval of an ordinance, submit proposed charter amendments to the municipality's qualified voters for their approval at an 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 pursuant to the provisions of Section 9.004 and Section 9.006 Texas Local Government Code, a Special Election is hereby ordered to be held on May 7, 2016, to submit the proposed Charter amendment. A copy of said Order and Notice of Election is attached as Exhibit "A", with the proposed Charter Amendment being attached as Exhibit "A-1" thereto, and the polling locations being attached as Exhibit "A-2" thereto. Section 3. That as required by Section 52.072 of the Texas Election Code said amendment shall appear on the ballot as a proposition. 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 elections who are qualified voters under the Constitution and Laws of the State of Texas and the City Charter. s.po 6527 Page 1 Section 6. 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-1"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 7. 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 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 May 18, 2016, which is within eleven (11) days following election day (May 7, 2016) and officially canvass the returns and declare the results of said Election. Section 10. 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 11. 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: 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. s.po 6527 Page 2 • 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 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 12. 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 s.po 6527 Page 3 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 13. 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 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 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 16. That the Notice of Election shall include the location of each polling place and shall comply with Exhibit "A" attached and made part hereof. s.po 6527 Page 4 Section 17. That this Ordinance shall take effect immediately from and after its passage. Section 18. 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: DELORIS PRINCE, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY AP' RO ED AS TO FORM: AdA v I�fI Z C ORNEY APPROVED FOR ADMINISTRATION: BRIAN MCDOUGAL, CITY MANAGER s.po 6527 Page 5 EXHIBIT "A" s.po 6527 Page 6 Exhibit"A" ORDER AND NOTICE OF A GENERAL, JOINT AND SPECIAL ELECTIONS IN THE CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS Notice is hereby given that the City of Port Arthur will hold a General, Joint and Special Elections for the purpose of electing a Mayor in conjunction with the Port Arthur Independent School District, the Port of Port Arthur Navigation District, the Sabine Pass Independent School District, Sabine Pass Port Authority, and a Special Election to submit a proposition as to whether or not the City Charter shall be amended, on Saturday, May 7, 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 General Election to be held in the City of Port Arthur, Texas, on Saturday, May 7, 2016, between the hours of 7:00 a.m. and 7:00 p.m., for the purpose of electing a Mayor. The term of office for Mayor shall be for a period of three years 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 20, 2016 through February 19, 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 proposed Charter Change Amendment being attached as "A-1". The location of each polling place is shown on Exhibit "A-2". 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 26, 2016 and ending on May 3, 2016: City Hall, 444 Fourth Street Port Arthur Public Library, 4615 Ninth Avenue Early voting by personal appearance will be conducted on Thursday, April 28, 2016, and on Tuesday, May 3, 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 s.po 6527 Page 7 Exhibit"A" Page 2 ORDER AND NOTICE OF GENERAL, JOINT AND SPECIAL ELECTIONS TO BE HELD MAY 7, 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@portarthurbc.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, April 22, 2016. Applications for Mail Ballots by mail must be received no later than the close of business on Tuesday, April 26, 2016. Issued this day of , 2016. Deloris "Bobbie" Prince, Mayor City of Port Arthur s.po 6527 Page 8 EXHIBIT "A- 1" s.po 6527 Page 9 PROPOSED CHARTER AMENDMENT Shall Article II - Sections 1 and 1A and Article III - Sections 3 and 7 of the Charter of the City of Port Arthur be amended, as follows? Article II - Section 1. - Number, Selection and Term of Office. The Council shall be composed of a Mayor and Eight (8) Councilmembers. The Mayor and Councilmembers from Districts One (1) through Six (6) each of whom, unless sooner removed under the provisions of this Charter shall serve for a three (3) year term from the first meeting of the Council following his election, and until a successor has been elected and duly qualified. Beginning May 2017, Councilmembers for Positions 7 and 8 shall serve for a two (2) year term, unless sooner removed under the provisions of this Charter, from the first meeting of the Council following his election, and until his successor has been elected and duly qualified. One (1) Councilmember from each of the six (6) Districts shall be elected by majority vote of the qualified voters of the respective District. The Mayor shall be elected at-large by majority vote by the qualified voters of the City. The Mayor may reside in any District. Councilmembers for Positions Numbered Seven (7) and Eight (8) shall be elected by plurality by the qualified voters of the City. These positions are purely at-large and will be determined by casting votes in one election. At the regular municipal election beginning May 2017, votes shall be cast for two candidates on one ballot. The candidate that receives the highest number of votes cast in such election shall be declared elected as Councilmember for Position Seven (7). The candidate that receives the second highest number of votes cast in such election shall be declared elected as Councilmember for Position Eight (8). These individuals may reside in any District. After May 2013, neither the Mayor nor any Councilmember shall serve more than two (2) consecutive three (3) year terms in the same office. This provision will apply to those newly elected to the Positions of Mayor and Council that take office after the May 2013 Election. Article II - Section 1A. - Council Positions 7 and 8. Until May 2008, Council Positions 7 and 8 shall have two (2) year terms. The elections of Council Positions 7 and 8 shall be in the year 2008 and thereafter by a majority vote, and they shall have three (3) year terms. Beginning May 2017, Council Positions 7 and 8 shall return to two (2) year terms. This provision supersedes any conflicting portion of the City Charter in relation to the election of Council Positions 7 and 8. s.po 6527 Page 10 Article III - Section 3: The regular election for the office of Mayor and Councilmembers to the places on the Council occupied by officers whose terms are expiring shall be held on the first Saturday in May of each year or such other date as may be required by state election laws. In every such election each qualified voter shall vote for not more than one candidate for Mayor, one (1) candidate for Council form each of the voter's two respective districts, and two (2) candidates for Council for the designated at-large positions Numbered 7 and 8. The positions of Mayor and Council Districts One (1),Two (2),Three (3), Four (4), Five (5) and Six (6) are elected by majority vote. The at-large positions numbered Seven (7) and Eight (8) are elected by plurality. Said elections shall be ordered by the governing body. The City Secretary shall give notice of such election in accordance with the State Election Code. Article III - Section 7. - Ballots For every regular election and for every special election called to fill one or more vacant offices on the Council, the City Secretary shall place upon the official ballot the name of every candidate, who shall file an application, which complies with the provisions of this Charter. The Council places to be filled shall be placed on the ballot under the designated place for which he shall have filed, and in such manner that the names of the candidates for each place shall be clearly separate and distinguishable from the names of the candidates for every other Council place; all candidates for the at-large positions Seven (7) and Eight (8) shall be grouped together and listed apart on the ballot; all candidates for office of mayor shall be grouped together and listed apart on the ballot. The order on the ballot of the names or the candidates for each respective Council office shall be determined by lot in a drawing to be held under the supervision of the City Secretary, at which drawing each candidate or his named representative shall have a right to be present. s.po 6527 Page 11 EXHIBIT"A-2" ELECTION PRECINCTS: POLLING PLACES: R. L. ELDRIDGE COMMUNITY CENTER 5262 S. Gulfway Drive (Sabine Pass) (All or a portion of Jefferson County Election Precinct 32) MEMORIAL 9TH GRADE ACADEMY (Formerly known as Stephen F. Austin) 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, 101 & 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 KNOWN AS MEMORIAL HIGH SCHOOL 9TH GRADE CAMPUS AND 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 Precincts 42, 60, 61, 71 & 102) s.po 6527 Page 12