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Home My WebLink AboutORD 97-07 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 3RD OF MAY, 1997, FOR THE PURPOSE OF ELECTING WARD COUNCILMEMBERS FOR WARDS I, II, III, AND IV; DESIGNATING POLLING PLACES AND APPOINTING ELECTION OFFICIALS FOR SUCH ELECTION; PROVIDING THE FORM OF THE BALLOT AT SUCH ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; ORDERING A RUNOFF ELECTION IF NECESSARY TO BE HELD ON THE 17TH DAY OF MAY, 1997; PROVIDING FOR A JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE PORT OF BEAUMONT NAVIGATION DISTRICT; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. In accordance with the City Charter, the Constitution, and general laws of the State of Texas, a general municipal election is hereby called and ordered for the first Saturday in May, 1997, the same being the 3rd day of said month, at which election all qualified voters residing within the corporate limits of the City may vote for the purpose of electing Councilmembers to Wards I, II, III, and IV for full terms. Section 2. No person's name shall be placed upon the official ballot as a candidate for any of the above-mentioned positions unless such person has filed his or her sworn application, as provided by Section 141.031, Section 143.004, and Section 143.007 of the Texas Election Code, and Article IV, Section 5 of the Charter of the City of Beaumont, with the Mayor, or in his absence, the City Clerk, not later than five o'clock (5:00) p.m. on the forty-fifth day before the date of such election. The City Clerk shall note on the face of each such application the date and time of its filing. A declaration of write-in candidacy must be filed with the City Clerk as provided by Section 146.054 of the Texas Election code, not later than five o'clock (5:00) p.m. on the forty-fifth (45th) day before election day, except as otherwise provided in the case of a deceased or ineligible candidate. Section 3. Said election shall be held jointly with the Beaumont Independent School District and the Port of Beaumont Navigation District in accordance with Chapter 271 of the Texas Election Code; and the City Clerk of the City of Beaumont, Texas, agrees to coordinate, supervise, and handle all aspects of administering said joint election in accordance with the provision of the Texas Election Code and as outlined in their terms of agreement contained herein: a) The expenses of the election within joint precincts shall be divided with each governmental entity paying an equal share of said expenses. b) Single ballot forms shall be used which shall contain the Councilmembers' positions, Beaumont Independent School District trustees' positions, and the Port of Beaumont Navigation District commissioners' position. c) The herein-named election officers shall conduct the elections in said election precincts. d) Records for all elections shall be combined. e) One set of ballot boxes shall be used for all elections. f) Election returns shall be made on joint forms but the City Council of the City of Beaumont shall canvass the returns of the General Municipal Election. g) The City Clerk of the City of Beaumont is designated custodian of all records and of the voting ballots. Section 4. Legally qualified voters residing within Wards I, II, III, and IV in the corporate limits of the City of Beaumont shall be entitled to a vote at said election for the respective candidate(s) for each of said wards. Election Order;Page 2 Section 5. Said election shall be held in the City of Beaumont between the hours of 7:00 a.m. and 7:00 p.m. at the places listed in Exhibit "A" attached hereto and made a part hereof for all purposes. The persons whose names appear in Exhibit "A" are appointed presiding judges and alternates for the respective polling places with authority to select and appoint clerks. Pursuant to Sections 32.032 and 32.033 of the Texas Election Code, the presiding judge for each election precinct shall appoint a minimum of two (2) clerks and a maximum of four (4) clerks for the proper conduct of the election. Section 6. Notice and order of said election shall be given by posting and publishing said notice and order as provided by the Texas Election Code. Section 7. An electronic voting system, as described by Title 8 of the Texas Election Code, shall be used for said election; and the following are hereby appointed officers of said election to serve at the Central Counting Station, which is hereby established at the Mid-County Office Building, 2748 Viterbo Road, Nederland, Texas: Manager of the Central Counting Station, John Johnson; Tabulation Supervisor, Bob Crane; Presiding Judge of the Central Counting Station, Patrice Fogarty, Beaumont City Clerk. The official ballots, ballot cards, and ballot labels, respectively, for the election shall be prepared in accordance with the Texas Election Code. Section 8. The City Clerk is hereby appointed clerk for early voting; and pursuant to Sec. 83.034 of the Texas Election Code, the appointment of Barbara Liming and Rebecca Hoge as deputy early voting clerks is approved, said appointment being without additional compensation. The City Clerk may authorize as many additional clerks as are Election Order;Page 3 deemed necessary for the proper conduction of the election. Early voting by personal appearance shall be conducted at the City Hall, City Clerk's Office, Room 125, 801 Main Street, Beaumont, Texas, 77701. Early voting ballot applications and ballots voted by mail shall be sent to the City Clerk's Office, P. O. Box 3827, Beaumont, Texas, 77704-3827. The clerk shall keep the said office open for at least eight (8) hours between 8:00 a.m. and 5:00 p.m. on each day for early voting which is not a Saturday, a Sunday, or an official State holiday beginning on the twentieth (20th) day and continuing through the fourth (4th) day preceding the date of such election; provided, however, except as authorized by Section 85.005(a), Texas Election Code, said clerk shall not permit anyone to vote early by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall she permit anyone to vote early by personal appearance at any time when her office is not open to the public. Section 9. Early votes by personal appearance and by mail shall be counted by an early voting ballot board consisting of a presiding judge and two clerks, and the City Clerk may authorize as many additional clerks as are deemed necessary. Barbara Fritschel, 4075 Laurel, Beaumont, Texas, is hereby appointed Presiding Judge of the Early Voting Ballot Board; and she shall appoint the clerks. Early votes shall be canvassed and returned by the Early Voting Ballot Board to the Central Counting Station by 7:00 p.m. on election day. Section 10. Patrice Fogarty, City Clerk and presiding judge of the Central Counting Station will, if necessary, appoint a judge or judges to a Resolution Board to review: (1) Election Order;Page 4 damaged ballots that require duplication; (2) defective ballots that have failed to be counted; and (3) potentially over-voted ballots. Section 11. In accordance with the Charter of the City of Beaumont and the laws of the State of Texas, a runoff election, if necessary, is ordered to be held on the 17th day of May, 1997, between the hours of 7:00 a.m. and 7:00 p.m., to be held at the same voting locations within the ward in which a runoff election is required and with the same election officers and judges as the general election. Notice and order of said runoff election shall be given by posting and publishing said notice and order as provided by the Texas Election Code. Section 12. If any person or persons appointed herein do not appear, are unable to perform their duties, or fail to perform their duties, the Mayor shall have the discretion and authority to appoint any substitute personnel to fill the position(s). Section 13. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City clerk, as provided by Section 52.094 of the Texas Election Code. The City Clerk shall post a notice in her office, at least seventy-two (72) hours prior to the date on which the drawing is to be held, of the time and place of the drawing, and shall also give personal notice to any candidate who makes written request for such notice and furnishes to the City Clerk a self-addressed, stamped envelope. Each candidate involved in the drawing, or a representative designated by the candidate, shall have a right to be present and observe the drawing. Section 14. If any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, Election Order;Page 5 should for any reason be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable; and the City Council of the City of Beaumont, Texas, declares it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 15. That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of February, 1997. Ir I�Nts�� Mayor David W. Moore ATTEST: on Patrice Fogarty, ity CI rk Election Order;Page 6 EXHIBIT A - 1997 GENERAL ELECTION ORDINANCE PRECINCT POLLING LOCATION JUDGE ALTERNATE 1 Region V Education Center Don E. Hegele Thelma L. Coleman 2295 Delaware Beaumont, Texas 77703 2 Central 9th Grade Center Gertrude Walling Betty Desota 4415 Concord Beaumont, Texas 77703 3 French Elementary Etta Lois Hope John Ray 1900 Pope Beaumont, Texas 77703 4 Administration Building Dr. Bruce Drury Donna Drury 3395 Harrison Beaumont, Texas 77706 5 Caldwood Elementary Bea Babel Jimmy Buxton 102 Berkshire Lane O'Neal Beaumont, Texas 77707 6 Central Senior High School Joe Bridges Helen Kovac 88 Royal Purple Drive Beaumont, Texas 77702 7 0. C. "Mike" Taylor Career Judy Boutte Jean Runnels Center 2330 North Beaumont, Texas 77702 8 Magnolia Baptist Church Willard Bell Edward Sigee 2830 Pine Street Beaumont, Texas 77703 10 Scott Olive Baptist Church Nannette Cantue Leslie Cantue 1050 Ewing Beaumont, Texas 77701 11 Jefferson County Rose Marie Owens Lorenzo Lee Courthouse Owens 1149 Pearl Beaumont, Texas 77701 Election Order;Page 7 12 Dunbar Elementary Revordia Williams Ruth Berry 825 Jackson Beaumont, Texas 77701 13 Dunbar Elementary Mrs. Maude Bell Versey M. Richard 825 Jackson Beaumont, Texas 77701 14 Ogden Elementary School Alice Andrews Vergie Meeks 2300 Victoria Beaumont, Texas 77701 15 King Middle School Annie Pumphrey Olivia Gonzales 1400 Royal Beaumont, Texas 77701 16 Fletcher Elementary Herman Davis, Jr. Rose M. Davis School 1050 Avenue E Beaumont, Texas 77701 17 Amelia Baptist Church Pat Rutherford Tommy Rutherford 8055 Brighton Beaumont, Texas 77707 18 Westbrook 9th Grade Dorothy S. Thomas Levora Anderson Center 3443 Fannett Road Beaumont, Texas 77705 19 BISD Administration, Annex Leonie Bodin Leo Lemell 1025 Woodrow Beaumont, Texas 77705 20 Pietzsch Elementary Mary LeBlanc James LeBlanc 4301 Highland Avenue Beaumont, Texas 77705 22 Guess Elementary School Vickie Clement Kathy Sedtal 8055 Old Voth Road Beaumont, Texas 77713 23 LNVA Gladys Eller Lucille Bryan 7850 Eastex Freeway Beaumont, Texas Election Order;Page 8 26, 90 Municipal Airport Bobby Watson Louisa Thomason Highway 90 Beaumont, Texas 27 Amelia Elementary Huberta Maynor Jeanette Hoffpauir 565 South Major Drive Beaumont, Texas 77707 39 Blanchette Elementary Maudry Plummer Isabelle Sonnier 2400 Lela Beaumont, Texas 62 Sallie Curtis Elementary Ward McCurtain Edna McCurtain 6225 North Circuit Beaumont, Texas 63 Lucas Elementary Thelma Nobles Mrs. Timmie Bell 1750 East Lucas Beaumont, Texas 77703 64 Tyrrell Park Mildred Neely Katie Muirhead Elementary School 5515 Phelps Beaumont, Texas 65 Regina-Howell School Peter J. Bevlaqua Verna Bevlaqua 5850 Regina Beaumont, Texas 66 Bevil Oaks Civic Center Mildred J. Jones Deborah Olson 7390 Sweetgum Road Beaumont, Texas 67, 21, 35, South Park Middle School Viola Koenig John Tritsch 74-BISD ONLY 4500 Highland Avenue Beaumont, Texas 68 Austin Middle School Bobby T. Cowart Albert J. Stewart 3410 Austin Beaumont, Texas 72 Southern Star Gymnastics Bobby J. Kinard Mrs. Oleta Holmes 7595 Highway 105 Beaumont, Texas Election Order;Page 9 73 George Marshall Middle Ella Sanders John Clayton School 6455 Gladys Beaumont, Texas 75 Lamar University, Carlton L. "Clay" Keith Goodwin McDonald Gym Henderson 4400 MLK, JR., PKWY Beaumont, Texas 77 St. Pius X Church Schieketta E. Lois Simmons 5075 Bigner Road Simmons Beaumont, Texas 78 Amelia Elementary Judy Richardson Ms. Navajo Jude 565 South Major Drive Beaumont, Texas 79 Tennis Center Will Carter Mary Malone 6455 College Beaumont, Texas 84 Fehl School Ora Magee Lamar Magee 3350 Blanchette Beaumont, Texas 85 OCAW Hall Alice Dyes Verlene Davenport 2490 South 11 th Street Beaumont, Texas 86 Oaks Educational Center Judith Matherne Maedell Janecka 850 Major Drive Beaumont, Texas 87, 88 Pine Burr Baptist Church Mary Ehrensberger Virginia Hammel 5095 Pine Burr Beaumont, Texas 89 Ridgewood Retirement Beatrice Johnson Esther R. Egins Center 2520 IH 10E Beaumont, Texas 77703 104 Wesley United Methodist Evan Wathen Lucille Wathen 3890 Dowlen Road Beaumont, Texas 77706 Election Order;Page 10