HomeMy WebLinkAboutORD 19-005ORDINANCE NO. 19-005
AN ORDINANCE OF THE CITY OF BEAUMONT,,
TEXAS, PROVIDING FOR A GENERAL ELECTION TO
BE HELD ON THE 4TH OF MAY, 2019 FOR THE
PURPOSE OF ELECTING A MAYOR, FOUR (4) WARD
COUNCILMEMBERS (WARDS I, II, III AND IV) AND
TWO (2) COUNCILMEMBERS-AT-LARGE; 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 first
Saturday in May, 2019, the, same being the 4th day of said month, at which election all
qualified voters residing within the corporate limits of the City of Beaumont may vote for
the purpose of electing a Mayor, Councilmembers to Wards I, II, 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, and Section 143.007 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 seventy-
eighth (78th) 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. of the seventy-fourth (74th) day
before Election Day.
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 provisions
of the Texas Election Code and as outlined in the 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 City of Beaumont
with a Mayor, four (4) Ward Councilmembers, and two (2)
Councilmembers-at-Large, the Port of Beaumont will have two (1) Port
Commissioner and one (1) At -Large Port Commissioner and the
Beaumont Independent School District will have two (2) Single -Member
Trustee Districts 1 & 4 and two (2) At -Large Trustees
c) The Jefferson County Clerk's office shall be responsible for the
appointment of all election judges and the location of polling places.
d) One set of ballot boxes shall be used and records for all elections shall be
combined.
e) The City Clerk of the City of Beaumont is designated as the general
custodian of all election records for the joint election.
f) Early voting shall be held jointly, and the Jefferson County Clerk shall
serve as the joint early voting clerk. The joint early voting shall be
conducted on the dates designated herein, 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 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. The remaining procedures for conducting
early voting by mail shall be completed by the County Clerk of Jefferson
County.
g) Each participating entity will be responsible for all required election orders,
resolutions, notices, and any other pertinent documents required by its
respective governing body. Preparation of necessary bilingual materials
and notices will also be the responsibility of each participating entity.
h) The judges and clerks shall be compensated at a rate of $10.00 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
supplies 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).
RPrfinn 5
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 6
That an electronic voting system, as described by Title 8 of the Texas Election
Code, shall be used for said election.
Section 7
That 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,
7963 Viterbro Road, Nederland, Texas; Manager of the Central Counting Station Wayne
Ozio, Tabulation Supervisor Jeff Ross; and Assistant Tabulation Supervisor Paul
Helejda.
Section 8
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 9
That the County Clerk of Jefferson County is hereby appointed Clerk for early
voting; and pursuant to Sec. 83.034 of the Texas Election Code, the appointment of
Theresa Goodness as Deputy Early Voting Clerk is approved, said appointments being
without additional compensation. Early voting by personal appearance shall be
conducted at the main early voting location, Jefferson County Court House, 1001 Pearl
St., Beaumont, Texas, 77701, with four branch early voting locations at BISD
Administration Building, 3395 Harrison, Beaumont, TX 77706, Rogers Park Recreation
Center, 6540 Gladys, Beaumont, TX 77706, Theodore Johns Library, 4255 Fannett Rd.,
Beaumont, TX 77701 and John Paul Davis Community Center, 3580 E. Lucas,
Beaumont, TX, 77706. Early voting ballot applications and ballots voted by mail shall
be sent to the Jefferson County Clerk's Office, P.O. Box 1151, Beaumont, Texas,
77704-1151. The County 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 twelfth (12th) day through the fourth (4th) day preceding the
date of such election; provided, however, except as authorized by Sections 85.005 (a)
and (d), Texas Election Code, said County Clerk shall not permit anyone to vote early
by personal appearance on any day or time not designated herein for early voting and
,l
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 for early voting purposes.
Early Voting Dates and Times
Monday
April 22, 2019
8:00 a.m. to 5:00 p.m.
Tuesday
April 23, 2019
8:00 a.m. to 5:00 p.m.
Wednesday
April 24, 2019
8:00 a.m. to 5:00 p.m.
Thursday
April 25, 2019
8:00 a.m. to 5:00 p.m.
Friday
April 26, 2019
8:00 a.m. to 5:00 p.m.
Saturday
April 27, 2019
7:00 a.m. to 7:00 p.m.
Sunday
April 28, 2019
POLLS WILL BE CLOSED
Monday
April 29, 2019
7:00 a.m. to 7:00 p.m.
Tuesday
April 30, 2019
7:00 a.m. to 7:00 p.m.
Section 10
That early votes by personal appearance and by mail shall be counted by an
early voting ballot board consisting of a presiding judge and (5) five clerks, the County
Clerk may authorize as many additional clerks as are deemed necessary. 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 11
If any person or persons appointed herein do not appear, are unable to perform
their duties, or fail to perform their duties, the County Clerk shall have the discretion and
authority to appoint any substitute personnel to fill the position(s).
Section 12
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 of the City Clerk,
801 Main St., Suite 125, Beaumont, Texas, 77701 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, ora representative designated by the candidate,
shall have a right to be present and observe the drawing.
Cantinn 11
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.
Section 14
That all ordinances or parts of ordinances inconsistent or in conflict herewith are,
to the extent of such inconsistency or conflict, hereby repealed.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
January, 2019.
' l /A � r
Pr Becky Ames -