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HomeMy WebLinkAboutORD 11-024 (ORD 11-004 ORD 11-017) ORDINANCE NO. 11-024 AN ORDINANCE AMENDING ORDINANCE NO. 11-004 BY ELIMINATING ONE(1)POLLING LOCATION AND THREE(3) PRECINCTS PREVIOUSLY SELECTED FOR USE BY BEAUMONT INDEPENDENT SCHOOL DISTRICT (BISD) VOTERS DURING THE MAY 14,2011 GENERAL ELECTION. WHEREAS, on January 25, 2011, Council passed Ordinance No. 11-004 to call the May 14, 2011 General Election; and, WHEREAS,on February 1,2011,Ordinance No. 11-004 was amended by Ordinance No. 11-017 to change the Earl Voting polling location for Ward 1 and Election Da polling 9 Y 9P 9 Yp 9 location for Precincts 28 and 92; and WHEREAS,the previously approved polling location forThe Beaumont Independent School District voters was Jerry Ware Terminal, located at 5000 Jerry Ware, Beaumont, Texas; WHEREAS,the previously approved precincts forThe Beaumont Independent School District voters were Precincts 35, 74 and 114; and, WHEREAS, The Beaumont Independent School District (BISD) has determined, through verification with the Voter Registrar's Office,that the three(3)precincts have no BISD voters, nor are they within the city limits of the City of Beaumont; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT Ordinance No. 11-004 be and the same is hereby amended to eliminate the previously approved polling location of Jerry Wayne Terminal, located at 500 Jerry Ware, Beaumont, Texas, as well as Precincts 35, 74 and 114. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. e �to, G l ` ... '� - ayor Becky Ames - ORDINANCE NO.11-004 AN ORDINANCE OF THE CITYOF BEAUMONT,TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 14TH OF MAY, 2011 FOR THE PURPOSE OF ELECTING A MAYOR, FOUR(4)COUNCILMEMBERS (WARD I, II, III AND IV) AND TWO (2) COUNCILMEMBERS-AT-LARGE; 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; PROVIDING FOR A JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT AND PORT OF BEAUMONT; 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 second Saturday in May, 2011, the same being the 14th 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 a Mayor, Councilmembers to Wards I, 11, III and IV and two (2) Councilmembers- At-Large for full term. 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, Section 143.007, and Section 144.004 of the Texas Election Code, and Article IV, Section 5 of the Charter of the City of Beaumont, with the City Clerk, not later than five o'clock (5:00) p.m. on the sixty-second (62nd) 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 fifth (51') day after the date an application for a place on the ballot is required to be filed, 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 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 shall be divided with each governmental entity paying an equitable share of said expenses. b) Single ballot forms shall be used which shall contain the Mayor, four (4) Ward Councilmembers and two (2) Councilmembers-At-Large, five (5) Beaumont Independent School District Trustee positions, a Proposition and two (2) Port of Beaumont Commissioners. c) The City of Beaumont shall be responsible for the appointment of all election judges. d) Location of polling places is attached hereto as Exhibit"A." e) One set of ballot boxes shall be used and records for all elections shall be combined. f), The City Clerk of the City of Beaumont is designated as 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 between the hours of 8:00 a.m. to 5:00 p.m. including any extended or weekend hours, at the early voting place or places at which the early voting clerk regularly conducts early voting for the City. The regular early voting clerk shall receive applications for early voting ballots to be voted by mail in accordance with Texas Election Code, Section 81.001, et. Seq. I 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 and any other changes 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 judges and clerks shall be compensated at a rate of$8.00 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, elections supplies, and ballot boxes when he/she makes delivery of the returns of the election. Section 4. Legally qualified voters residing within the corporate limits of the City of Beaumont shall be entitled to a vote at said election for the respective candidate(s). 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 the Exhibit°A"are appointed presiding judges and alternates forthe respective polling places with authority to select and appoint clerks. Pursuant to Sections 32.031 and 32.032 of the Texas Election Code, the presiding judge for each election precinct shall appoint a minimum of one(1)clerk,and the City Clerk may authorize as many additional clerks as are deemed necessary for the proper conduct of the election. Section 6. The 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. That an electronic voting system, as described by Title 8 of the Texas Election Code, shall be used for said election. Section 8. That the following are hereby appointed officers of said election to serve at the Central Counting Station, which is hereby established at the City of Beaumont Civic Center,701 Main Street,Beaumont,Texas;Tabulation Supervisor,Sheri Menges and Staff of Election Systems and Software (ES&S); Presiding Judge of the Central Counting Station, Tina Broussard, City Clerk, TRMC. Section 9. The official ballots, ballot cards,and ballot labels, respectively,for the election shall be prepared in accordance with Title 5 of the Texas Election Code. Section 10. That the City Clerk is hereby appointed clerk for early voting; and pursuant to Sec. 83.034 of the Texas Election Code,the appointment of Stephanie Gandy as Deputy Early Voting Clerk is approved, said appointment being without additional compensation. The City Clerk may authorize as many additional clerks as are deemed necessary for the proper conducting of the election. Early voting by personal appearance shall be conducted at the main early voting location, City Hall, 1' Floor Conference Room, 801 Main Street, Beaumont,Texas,77701,with four branch early voting locations at Calvary Baptist Church, 3650 Dowlen Rd., Beaumont,TX 77706, R.C. Miller Library, 1605 Dowlen Rd., Beaumont, TX 77707, North End Community Center,3580 E. Lucas, Beaumont,TX 77703,Theodore i I Johns Library, 4255 Fannett Rd., Beaumont, TX 77705. 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 or an official State Holiday beginning on the seventeenth (17'h)day through the fourth (4 )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 11. That early votes by personal appearance and by mail shall be counted by an early voting ballot board consisting of a presiding judge and one clerk, and the City Clerk may authorize as many additional clerks as are deemed necessary. Lucille Bryant is hereby appointed Presiding Judge of the Early Voting Ballot Board;and she shall appoint the clerk. 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 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 the 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. That is 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,/ exas, 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. i 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 25th day of January, 2011. ayor Beck Ames - EXHIBIT "A" 2011 GENERAL ELECTION ORDINANCE PRECINCT/BISD POLLING LOCATION JUDGE ALTERNATE /PORT 001, 003 Brown Alternative Cntr. Thelma Fielder Joyce Franklin 1900 Pope St. Beaumont,TX 77703 002 Smith Middle School Mary S.Williams Patricia Pittman 4415 Concord Rd. Beaumont,TX 77703 004 Administration Building Dr. Bruce Drury Harold Steward 3395 Harrison Avenue Beaumont,TX 77703 005 1"Christian Church Ray Nelson Mary Simmons 5290 N. Caldwood Beaumont,TX 77707 006 Central Senior High Sch. Celeste Johnson Judy Richardson 88 Jaguar Beaumont, TX 77702 007 O.C. "Mike"Taylor Career Rebecca Iles Ellen MclNtosh Center 2330 North Street Beaumont,TX 77702 008 Magnolia Baptist Church William Bostic Jed Dollinger 2830 Pine St. Beaumont, TX 77703 010 Scott Olive Baptist Church Nanette Cantue Laquita Mitchell 1050 Ewing Beaumont,TX 77701 011 Jefferson County Court Rose O.Solomon Lorenzo Lee Owens House 1149 Pearl Beaumont,TX 77701 012, 013 S. E.Texas Family Resource Connie Patterson Brandi Lewis Center 2060 Irving Beaumont, TX 77701 014 East Mt. Olive Baptist Church Kimberly Lewis Harold Lewis 1197 Corley Beaumont,TX 77701 015 King Middle School Rosa Baptist Clara Muller 1400 Avenue A Beaumont, TX 77701 I EXHIBIT "A" 016 Fletcher Elementary School Charlie Mingo Johnny Howard 1055 Avenue F Beaumont,TX 77701 017,026,090 Municipal Airport Barbara Shipper Rebecca Moreira 455 Keith Rd., Hwy 90 Beaumont,TX 77713 018 Ozen High School Margaret Bostic Leroy Bostic 3443 Fannett Rd. Beaumont,TX 77705 019 BISD Administration,Annex Pauline Mouton Nelson Mouton 1025 Woodrow Beaumont,TX 77705 020 Pietzsch Elementary Rosa Thomas Wilburean Benard 4301 Highland Ave. Beaumont,TX 77705 021, 067 Alice Keith Rec. Center Willmeretta Lowe Sonya Pickens 4050 Reed Rd. Beaumont, TX 77705 022 Guess Elementary School Janet Dietz Gladys O'Brien 8055 Old Voth Rd, Beaumont,TX 77713 023 Rosedale Baptist Church James Boykin Karlene Boykin 7110 Concord Beaumont,TX 77708 027,078,086 Vincent Middle School Jon Tritsch Theresa Hefner-Babb 350 Eldridge Beaumont,TX 77707 028, 092 First Baptist Church Alberta Jones Geraldine Beckett 7301 Blewett Rd. Beaumont,TX 77705 031 Labelle Fire Station Barbara Fox Mary Dixon 12880 FM 365 Beaumont, TX 77708 035, 074, 114 Jerry Ware Airport Terminal Beth Craigen Kerry Ehrensberger 5000 Jerry Ware Beaumont, TX 77705 039 Blanchette Middle School Samuel Peterson Maudry Plummer 2400 Lela St. Beaumont, TX 77705 062(see 073) George Marshall Middle Sch. Wanda Pumphrey Doris Campbell 6455 Gladys Beaumont, TX 77706 063 Martin Elementary School Thelma Noble Juanita Walker 3500 Pine St. Beaumont,TX 77703 064 Theodore Johns Library Mary B. Francis Brenda White 4255 Fannett Beaumont, TX 77705 065 Regina-Howell School Linda McClung Mary Grimes 5850 Regina Lane Beaumont, TX 77706 066 Bevil Oaks Civic Center Mabel Matthews Teddy Taylor Couch 7390 Sweetgum Bevil Oaks, TX 77713 067(see 21) Alice Keith Rec. Center Wilmeretta Lowe Sonya Pickens 4050 Reed Rd. Beaumont, TX 77706 068 Austin Middle School Helen W. Stone Paula Sadler 3410 Austin Beaumont, TX 77706 072 Wesley United Methodist Cindy Grimes Anna Delano 3810 N. Major Dr. Beaumont,TX 77713 073, 062 George Marshall School Wanda Pumphrey Doris Campbell 6455 Gladys Beaumont, TX 77706 074(see 35) Jerry Ware Airport Terminal Beth Craigen Kerry Ehrensberger 5000 Jerry Ware Beaumont, TX 77705 075 Lamar-Health&Human Howard Rogers Verona Harrell Performance Complex A 4400 S MLK Jr. Parkway Beaumont,TX 77705 077 St. Pius X Church Bessie Williams Mary Doyle 5075 Bigner Road Beaumont,TX 77708 078(See 27) Vincent Middle School John Tdtsch Theresa Hefner-Babb 350 Eldridge Beaumont,TX 77707 079,100 Dishman Elementary Bob Bearb Beth Ann Mistrot 3475 Champions Dr. Beaumont,TX 77707 084,085 USW Union Hall Dora Nisby Alexander Simmons 2490 S. 11"'St. Beaumont,TX 77701 086(See 27) Vincent Middle School John Tritsch Theresa Hefner-Babb 350 Eldridge Beaumont,TX 77707 087,088,099 Pine Burr Baptist Church Sherrie Fitzgerald Edna Collins 5095 Pine Burr Blvd. Beaumont, TX 77708 089 Ridgewood Retirement Ctr. Katherine Campbell Gloria Kyle 2520 IH 10E Beaumont,TX 77703 104& 116 Calvary Baptist Church Jane Walker JoAnn Bordeman 3650 Dowlen Rd. Beaumont, TX 77706 Early Voting Beaumont City Hall Lucille Bryant Wallace Bryan (Main) 801 Main St. 1'`Floor Conference Rm. Beaumont,TX 77701 Early Voting Calvary Baptist Church Helen Stone Paula Sadler (Branch) 3650 Dowlen Beaumont,TX 77706 Early Voting R. C. Miller Library Jane Walker Bob Bearb (Branch) 1605 Dowlen Beaumont, TX 77707 Early Voting North End Community Center Thelma Fielder Joyce Franklin (Branch) 3580 E. Lucas Beaumont, TX 77703 Early Voting Theodore Johns Library Carolyn Prudhomme Kerry Ehrensberger (Branch) 4255 Fannett Rd. Beaumont, TX 77705 �I ORDINANCE NO.11-017 AN ORDINANCE AMENDING ORDINANCE NO. 11-004 BY CHANGING THE EARLY VOTING LOCATION PREVIOUSLY SELECTED FOR WARD I AND BY CHANGING THE ELECTION DAY POLLING LOCATION FOR PRECINCTS 28 AND 92. WHEREAS, on January 25, 2011, Council passed Ordinance No. 11-004 to call the May 14, 2011 General Election; and, WHEREAS, the previously approved polling location for Early Voting in Ward I was Calvary Baptist Church, 3650 Dowlen Road, Beaumont, Texas; and, WHEREAS, the previously approved Election Day polling location for Precincts 28 and 92 was First Baptist Church, 7301 Blewett Road, Beaumont, Texas; and, WHEREAS, the above referenced facilities have rescinded their verbal commitment to the City of Beaumont for the use of the locations for voting purposes; and, WHEREAS, the revised Early Voting location for Ward I will be the BISD Administration Building, 3395 Harrison Avenue, Beaumont, Texas; and, WHEREAS, the revised Election Day polling location for Precincts 28 and 92 will be the Jefferson County Pct. 4 Service Center, 7780 Boyt Road, Beaumont, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT Ordinance No. 11-004 be and the same is hereby amended to reflect the revised Early Voting location for Ward I will be the BISD Administration Building, 3395 Harrison Avenue, Beaumont, Texas; and, THAT the revised Election Day polling location for Precincts 28 and 92 will be the Jefferson County Pct. 4 Service Center, 7780 Boyt Road, Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of February, 2011. ti - Mayor Becky Ames - i i