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HomeMy WebLinkAboutORD 98-15 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 2ND OF MAY, 1998, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO COUNCIL MEMBERS AT LARGE; PROVIDING FOR THE HOLDING OF A SPECIAL ELECTION ON THE SAME DATE FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY AND AUTHORIZING THE SALE OF CERTAIN PARK PROPERTIES; STATING THE SUBJECT MATTER OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE VOTED UPON AT SAID ELECTION; DESIGNATING POLLING PLACES AND APPOINTING ELECTION OFFICIALS FOR SUCH ELECTION; ORDERING A RUNOFF ELECTION IF NECESSARY; PROVIDING FOR A JOINT ELECTION ON MAY 2, 1998, WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a general municipal election is hereby called and ordered for the 2nd day of May, 1998, at which election all qualified voters residing within the corporate limits of the City may vote for the purpose of electing a mayor and two council members at large for full terms. Section 2. That a special election is hereby called and ordered for the 2nd day of May, 1998, at which election there shall be submitted to the qualified voters of the City for their action thereon, propositions for certain proposed amendments to the existing Charter of the City of Beaumont. Such proposed amendments are as follows: PROPOSED AMENDMENT NO. 1 Section 3 of Article III of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE III. THE CITY COUNCIL Section 3 - QUALIFICATIONS The Mayor and each of the six (6) Councilmembers shall be at least twenty-one (21) years of age, shall be a citizen of the United States, and a qualified voter of the City of Beaumont." PROPOSED AMENDMENT NO. 2 Section 6 of Article III of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE Ill. THE CITY COUNCIL Section 6 - MAYOR PRO TEMPORE The City Council shall elect one of its members as Mayor Pro Tempore for a one (1) year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of his office, and, if a vacancy occurs, shall become Mayor for the unexpired term. If the Mayor Pro Tempore is unwilling to assume the duties of Mayor in the event of a vacancy in that office, then the City Council shall appoint a Mayor Pro Tempore from its membership." PROPOSED AMENDMENT NO. 3 Section 5 of Article IV of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE IV. ELECTIONS Section 5 - ELECTIONS AND NOMINATIONS Any qualified person may have his or her name placed on the official ballot as a candidate for the office of Mayor or Councilmember by filing a sworn application for a place on the ballot pursuant to the Texas Election Code." PROPOSED AMENDMENT NO. 4 Subsection 1 of Section 2 of Article XI of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE XI. INITIATIVE, REFERENDUM AND RECALL Section 2 - PETITION 1. Any elector shall make application to the City Clerk and file an intention to circulate a petition giving the date and the proposed ordinance to be circulated. Unless the final petition, 1998 Election Order;Page 2 with the required number of signatures, is returned within sixty (60) days, it shall not be received for any purpose. For the purpose of this section only, if the 60th day falls on a Saturday, Sunday, or legal holiday, the final petition, with the required number of signatures, must be received the next business day by 5:00 p.m." PROPOSED AMENDMENT NO. 5 Subsection 3(a) of Section 2 of Article XI of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE XI. INITIATIVE, REFERENDUM AND RECALL Section 2 - PETITION 3(a). For a petition signature to be valid, a petition must comply with requirements prescribed by the Texas Election Code and any other applicable requirements prescribed by law." PROPOSED AMENDMENT NO. 6 Subsection 4 of Section 2 of Article XI of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE XI. INITIATIVE, REFERENDUM AND RECALL Section 2 - PETITION 4. Every person circulating any page of a petition shall file with the City Clerk a sworn statement containing his or her name, address, voting precinct number, voter registration number and a statement that: `I circulated the attached (number[s]) pages of this petition. I am an elector of the City of Beaumont, and the signers freely signed this petition.' (signature of circulator). SWORN to this the day of , 19_. (signature of notary public)." 1998 Election Order;Page 3 PROPOSED AMENDMENT NO. 7 Section 11 of Article XVII of the Charter of the City of Beaumont, Texas, shall be repealed. Section 3. That a special election is hereby called and ordered for the 2nd day of May, 1998, at which election there shall be submitted to the qualified voters of the City the proposition of whether the remainder of Pearlstein Park that has not been used for street purposes or that is not needed for future street purposes (approximately 1.4487 acres) be sold or otherwise conveyed and the proposition of whether Carroll Street Park shall be sold or otherwise conveyed. All monies derived from such sale or conveyance must be used for park land or facilities. Section 4. That said election shall be held jointly with the Beaumont Independent School District in accordance with Chapter 271 of the Texas Election Code. 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 these terms of agreement contained herein; however, each participating entity remains responsible for the lawful conduct of its respective elections. a) Single ballot forms shall be used for the joint election. b) The City of Beaumont shall be responsible for the appointment of all election judges and election clerks. c) Location of polling places is attached hereto as Exhibit A. d) One set of ballot boxes shall be used for all elections, and records for all elections shall be combined. e) Canvassing of votes shall be conducted separately by each political subdivision. f) The City Clerk of the City of Beaumont is designated the general custodian of election records for the joint election. g) Early voting shall be held jointly, and the City Clerk of the City of Beaumont shall serve as the joint early voting clerk. The joint early voting shall be conducted during the hours, including any extended or weekend hours, at the early voting polling place or places at which the early voting clerk regularly conducts early voting for the City. The regular early voting clerk for each political entity shall receive applications for early voting ballots to be voted by mail in accordance with the Texas Election Code, Section 81.001, 1998 Election Order;Page 4 et. seq. The remaining procedures for conducting early voting by mail shall be completed by the City Clerk of the City of Beaumont. h) Each participating entity will be responsible for all required election orders, resolutions, notices, and any other pertinent documents required by its respective governing body, including making the submissions required by the Federal Voting Rights Act of 1965 with regard to changes in polling places, conduct of the election, and any other charges which require pre-clearance by the United States Department of Justice. Preparation of necessary bilingual materials and notices will also be the responsibility of each participating entity. i) The expenses of the election shall be divided with each governmental entity paying an equitable share of said expenses. j) The judges and clerks shall be compensated at a rate of$6.00 per hour. No judge or clerk shall be paid for more than one hour of work before the polls open and no period of time subsequent to two hours after voting is concluded by all voters offering themselves for voting during regular voting hours. The election official who delivers the returns of the election shall be paid an additional $25.00 provided he/she also returns unused ballots, election supplies, and ballot boxes when he/she makes delivery of the returns of the election. Section 5. That 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. The presiding judge for each election precinct shall appoint two (2) clerks, and the City Clerk may authorize as many additional clerks as are deemed necessary for the proper conduct of the election. Section 6. That notice of said election shall be given by posting and publishing said notice as provided by the Texas Election Code. Section 7. That 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, Sandy Wilson, Jefferson County Clerk. 1998 Election Order;Page 5 Section 8. That the City Clerk is hereby appointed clerk for early voting. The City Clerk may authorize as many clerks as are 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 17th 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. That 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. That Patrice Fogarty, City Clerk, will, if necessary, appoint a judge or judges to a Resolution Board to review: (1) damaged ballots that require duplication; (2) defective ballots that have failed to be counted; and (3) potentially over-voted ballots. Section 11. That 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 16th day of May, 1998, between the hours of 7:00 a.m. and 7:00 p.m., to be held at the same voting locations 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. That the ballot of said election shall conform to the requirements of the Texas Election Code, as amended, and on such ballot shall appear propositions corresponding to each of the proposed charter amendments set forth above in Section 2, with the provision on such ballot permitting voters to vote "Yes" or "No" on each charter proposition. That the ballot of said election shall conform to the requirements of the Texas Election Code, as amended, and on such ballot shall appear propositions corresponding to each of the proposed park amendments set forth above in Section 3, with the provision on such ballot permitting voters to vote "For the Sale" or "Against the Sale" on each park proposition. 1998 Election Order;Page 6 Such propositions shall provide as follows: CHARTER PROPOSITION NO. 1 Shall Section 3 of Article III and Section 11 of Article XVII of the Charter of the City of Beaumont be amended to remove the prohibition on a person's eligibility to serve the City who is in arrears in the payment of any liability to the City? CHARTER PROPOSITION NO. 2 Shall Section 6 of Article III of the Charter of the City of Beaumont be amended to remove the requirement that the Council must fill a vacant mayor's position prior to appointing a mayor pro tempore? CHARTER PROPOSITION NO. 3 Shall Section 5 of Article IV of the Charter of the City of Beaumont be amended to bring the Charter into compliance with the Texas Election Code as it relates to becoming a candidate for mayor and councilman? CHARTER PROPOSITION NO. 4 Shall Subsection 1 of Section 2 of Article XI of the Charter of the City of Beaumont be amended to clarify that if an initiative, referendum, or recall petition is due to be returned on a Saturday, Sunday, or legal holiday, it may be returned by 5:00 p.m. on the next business day? CHARTER PROPOSITION NO. 5 Shall Subsection 3(a) of Section 2 of Article XI of the Charter of the City of Beaumont be amended to comply with the requirements of the Texas Election Code concerning a valid signature for purposes of an initiative, referendum, or recall petition? 1998 Election Order;Page 7 CHARTER PROPOSITION NO. 6 Shall Subsection 4 of Section 2 of Article XI of the Charter of the City of Beaumont be amended to obtain a sworn statement that the person who returns certain pages of an initiative, referendum, or recall petition actually circulated such pages? PARK PROPOSITION NO. 1 Shall approximately 1.4487 acres of Perlstein Park, the same being that portion not used or needed for street and utility purposes, be sold or otherwise conveyed? Any monies acquired from said sale are to be used to provide park lands or facilities. PARK PROPOSITION NO. 2 Shall Carroll Street Park be sold or otherwise conveyed? Any monies acquired from said sale are to be used to provide park lands or facilities. Section 13. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of-F4bpjar-y, 1998. Mayor David W. Moore ATTEST: Patrice Fogart: City CVerk 1998 Election Order;Page 8 EXHIBIT A - 1998 GENERAL AND SPECIAL ELECTION ORDINANCE PRECINCT POLLING LOCATION JUDGE ALTERNATE Region V Education Center Don E. Hegele Selma Fones 2295 Delaware Beaumont, Texas 77703 2 Willie Ray Smith Middle School Gertrude Walling Bettye Desoto (formerly Central 9th Grade Center) 4415 Concord Beaumont, Texas 77703 3 French Elementary Etta Lois Hope Helen Parker 1900 Pope Beaumont, Texas 77703 4 Administration Building Dr. Bruce Drury Donna Drury 3395 Harrison Beaumont, Texas 77706 5 Caldwood Elementary Jimmy O'Neal Barbara Loden 102 Berkshire Lane Beaumont, Texas 77707 6 Central Senior High School Joe Bridges Helen Kovac 88 Royal Purple Drive Beaumont, Texas 77702 7 O. C. "Mike"Taylor Career Center Judy Boutte Jean Runnels 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 Courthouse Rose Marie Owens Lorenzo Lee 1149 Pearl Owens Beaumont, Texas 77701 12, 13 Dunbar Elementary Revordia Williams Ruth Berry 825 Jackson Beaumont, Texas 77701 1998 Election Order;Page 9 14 Ogden Elementary School Alice Andrews Vergie Meeks 2300 Victoria Beaumont, Texas 77701 15 Holy Bible Faith Center Annie Pumphrey Estrelda Sonnier 1178 Ave. A Beaumont, Texas 77701 16 Fletcher Elementary School Herman Davis, Jr. Viola LeBlanc 1050 Avenue E Beaumont, Texas 77701 17 Amelia Baptist Church Pat Rutherford Tommy Rutherford 8055 Brighton Beaumont, Texas 77707 18 Ozen High School Dorothy S. Thomas Levora Anderson (formerly West Brook 9th Grade Center) 3443 Fannett Road Beaumont, Texas 77705 19 BISD Administration, Annex Leonie Bodin Leo Lemell 1025 Woodrow Beaumont, Texas 77705 20 Pietzsch Elementary Robert DeMary Grace DeMary 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 26, 90 Municipal Airport Bobby Watson Louisa Thomason Highway 90 Beaumont, Texas 27, 78, 86 Amelia Elementary Huberta Maynor Jeanette Hoffpauir 565 South Major Drive Beaumont, Texas 77707 39 Blanchette Elementary Maudry Plummer Isabelle Sonnier 2400 Lela Beaumont, Texas 1998 Election Order;Page 10 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 Community Players Mildred Neeley Katie Muirhead (Formerly Tyrrell Park 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 Deloris Schaefer 4500 Highland Avenue Beaumont, Texas 68 Austin Middle School Bobby T. Cowart Frances Strachn 3410 Austin Beaumont, Texas 72 Southern Star Gymnastics Oleta Holmes Lenora Caffey 7595 Highway 105 Beaumont, Texas 73 George Marshall Middle School Ella Sanders John Clayton 6455 Gladys Beaumont, Texas 75 Lamar University, McDonald Gym Arthur Strong Connie Brumfield 4400 MLK, JR., PKWY Beaumont, Texas 77 St. Pius X Church Schieketta E. Lois Simmons 5075 Bigner Road Simmons Beaumont, Texas 79 Tennis Center Will Carter Mary Malone 6455 College Beaumont, Texas 1998 Election Order;Page 11 84 Fehl School Ora Magee Carolyn Calhoun 3350 Blanchette Beaumont, Texas 85 OCAW Hall Alice Dyes Verlene Davenport 2490 South 11 th Street Beaumont, Texas 87, 88 Pine Burr Baptist Church Mary Ehrensberger Virginia Hammel 5095 Pine Burr Beaumont, Texas 89 Ridgewood Retirement Center Laura Lee Wheeler Ruth Cole 2520 IH 10E Beaumont, Texas 77703 104 Wesley United Methodist Mary Jane Avery Helen Stone 3890 Dowlen Road Beaumont, Texas 77706 1998 Election Order;Page 12