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HomeMy WebLinkAboutORD 04-013 Ordinance No. 04-013 AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 15TH OF MAY, 2004 FOR THE PURPOSE OF ELECTING A MAYOR 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 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 third Saturday in May, 2004, the same being the 15th 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 and two (2) Councilmembers-At-Large for a one (1) year term. Section 2. No person's name shall be placed upon the official ballot as a candidate for any of the above-mentioned position 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 her absence, the City Clerk, not later than five o'clock (5:00) p.m. on the sixtieth (60th) 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 fifty fourth (54th) 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 Independence School 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 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, two (2) Councilmembers-At-Large and the two (2) Beaumont Independent School District Trustee positions. 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. 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 preclearance 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 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 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; 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 Viterbro Road, Nederland, Texas: Manager of the Central Counting Station, Larry Borel; Tabulation Supervisors, Paul Helejda and Ken Seholm; Presiding Judge of the Central Counting Station, Rose Ann Jones, 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. 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 Betty Braxton 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 conduction of the election. Early voting by personal appearance shall be conducted at 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 seventeenth (17th) day 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 one clerk, and the City Clerk may authorize as many additional clerks as are deemed necessary. Etta Louis Hope 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 10. 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 11. 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 12. 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, 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 13. 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 17' day of February 2004. Evelyn M. Lord, Mayor ATTEST: Rose Ann Jones,d4y Clerk AO EXHIBIT "A"- 2004 GENERAL ELECTION ORDINANCE PRECINCT/BISD POLLING LOCATION JUDGE ALTERNATE 001-1 French Elementary School Don E.Hegele Yvonne Smith 3525 Cleveland Ave. Beaumont,TX 77703 002-1 Smith Middle School Kathie Walker Irene Walker 4415 Concord Beaumont,TX 77703 003-2 Brown Alternative Center Etta Hope Thelma Fielder 1900 Pope St. Beaumont,TX 77703 004-6 Administration Building Dr.Bruce Drury Gary Tucker 3395 Harrison Ave. Beaumont,TX 77703 005-5 Caldwood Elementary Jimmie O'Neal Dolorous Kelley 102 Berkshire Lane Beaumont,TX 77707 006-5 Central Senior High School Celeste Johnson Mary Williams 88 Jaguar Beaumont,TX 77702 007-2 O.C. "Mike"Taylor Career Judy Boutte Jean Runnels Center 2330 North Beaumont,TX 77702 008-2 Magnolia Baptist Church Edward Sigee Jo Helen Stevens 2830 Pine St. Beaumont,TX 77703 010-2 Scott Olive Baptist Church Nanette Cantue Leslie Cantue 1050 Ewing Beaumont,TX 77701 011 -3 Jefferson County Courthouse Rose Owens Lorenzo Owens 1149 Pearl Beaumont,TX 77701 012,013-3 Dunbar Elementary Lenna Winn Katherine Fontenot 825 Jackson Beaumont,TX 77701 014-3 Ogden Elementary School Lillian Frye Marilyn Frye 2300 Victoria Beaumont,TX 77701 015-3 King Middle School Annie Pumphrey Olivia Gonzales 1400 Ave.A Beaumont,TX 77701 016-2 Fletcher Elementary School Herman Davis Jr. Rose Davis 1055 Avenue F Beaumont,TX 77701 017,026,090-5,7 Municipal Airport Donna Hargraves Heather Moffat 455 Keith Road Highway 90 Beaumont,TX 77713 018-4 Ozen High School Dorothy S. Thomas Raymond Ambres 3443 Fannett Road Beaumont,TX 77705 019-3 BISD Administration,Annex Ezora Mae Bassett Open 1025 Woodrow Beaumont,TX 77705 020-3 Pietzsch Elementary Grace DeMary Isadora Thomas 4301 Highland Ave. Beaumont,TX 77705 022-1 Guess Elementary School Vickie Clement Hannah Clement 8055 Old Voth Road Beaumont,TX 77713 023-1 Rosedale Baptist Church James Boykin Karlene Boykin 7110 Concord Beaumont,TX 77708 027,078,086-5,7 Amelia Elementary Huberta Maynor Maedell Janecka 565 South Major Dr. Beaumont,TX 77707 039-4 Blanchette Elementary Maudry Plummer Isabelle Sonnier 2400 Lela Beaumont,TX 77705 062-7 Sallie Curtis Elementary Ward McCurtain Edna McCurtain 6225 North Circuit Dr. Beaumont,TX 7706 063-2 Lucas Elementary Thelma Noble Sallie Cannon 1750 East Lucas Beaumont,TX 77703 064-5 Beaumont Community Players Mary B.Francis Leona Moore 5515 Phelps Beaumont,TX 77705 065-6 Regina-Howell School Raquel Morel Open 5850 Regina Lane Beaumont,TX 77706 066-025-7 Bevil Oaks Civic Center Mildred Juinez Jones Shirley Collins 7390 Sweetgum Road Beaumont,TX 77713 067,021-4,5 South Park Middle School Viola Koenig Marjorie Applebach 4500 Highland Ave. Beaumont,TX 77705 068-6 Austin Middle School Mary Randall Steven Randall 3410 Austin Beaumont,TX 77706 072-6 Wesley United Church Oleta Holmes Lenora Caffey 3910 N Major Dr. Beaumont,TX 77713 073-7 George Marshall Middle School Ella Sanders John Clayton 6455 MLK,Jr.Pkwy Beaumont,TX 77706 075-4 Lamar University McDonald Janice Marron Brenda Touter Gym 440 MLK,Jr.Pkwy Beaumont,TX 77705 077-2 St.Pius X Church Scheiketha Simmons E.Lois Simmons 5075 Bigner Rd. Beaumont,TX 77708 079,100-5 Tennis Center John Mistrot Mary Malone 6455 College Beaumont,TX 77707 084-4 Fehl School Ora J.Magee Carolyn Calhoun 3350 Blanchette Beaumont,TX 77701 085-4 Pace Union Hall Alice Dyes Verlene Davenport 24"South 110 St. Beaumont,TX 77701 087,088,099-1,6 Pine Burr Baptist Church Open Open 5095 Pine Burr Blvd. Beaumont,TX 77708 089-1 Ridgewood Retirement Center Ruth Cole Jacquelyn Goode 2520 IH 10E Beaumont,TX 77703 104-6 Calvery Baptist Church Helen Stone Eloise Sole 3650 Dowlen Rd. Beaumont,TX 77706 116 West End YMCA Christine Gavrelos Sharon Hughes 3625 Dowlen Rd. Beaumont,TX 77706 Early Voting Beaumont City Hall Anna Bell Douglas 801 Main St.Suite 125 Beaumont,TX 77701