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Home My WebLink AboutORD 07-056 ORDINANCE NO. 07-056 AN ORDINANCE CANVASSING THE RETURNS OF THE GENERAL ELECTION OF THE CITY OF BEAUMONT HELD JOINTLY WITH JEFFERSON COUNTY, ON THE 12TH DAY OF MAY, 2007, FOR THE PURPOSE OF ELECTING A MAYOR, TWO COUNCILMEMBERS-AT- LARGE, COUNCILMEMBERS WARDS I, II, III AND IV; A PARK PROPOSITION AUTHORIZING THE SALE OF HEBERT PARK, MAPLE/OAKLAND PARK AND A PORTION OF PIPKIN PARK, AND ORDERING A RUN-OFF ELECTION IN THE CITY OF BEAUMONT, TEXAS,ON THE 30T" DAY OF JUNE,2007,TO DETERMINE WHO SHALL BE COUNCILMEMBER IN WARD I. PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City Council of the City of Beaumont, in session, duly called the general election to be held joint) with Jefferson Count on the 12th of Ma 2007 and th Y Y e Y election returns of the votes cast in said election were canvassed for the following officials: Official forthe office of Mayor;Officials for the offices of Councilmember-At-Large,Officials for the offices of Councilmember Wards I, ll, III and IV. WHEREAS, after duly canvassing said returns, the City Council finds that the votes cast at said election for the candidates for said offices are as follows: Office of Mayor: Votes Percentage Becky Ames 7,364 51.46% Fanniece Hawkins 6,664 46.57% Charlie Bennett, Jr. 283 1.98% Office of Councilmember at Large: Charlie Foxworth 6,115 27.01% Gethrel "Get" Williams Wright 6,202 27.39% Allen Lee 1,458 6.44% Delores Davis 767 3.39% Leroy Lewis III 476 2.10% Dean L. Tucker 333 1.47% Ernest 'Bruce" Hendrix, Jr. 996 4.40% W.L. Pate, Jr. 6,294 27.80% Councilmember Ward I: Martha "Marty" Craig 1,284 31.55% Alan Coleman 1,885 46.31% Randall Collins 901 22.14% Councilmember Ward II: Nancy Beaulieu 4,343 100.00% Councilmember Ward III: Celestine Harris 277 14.96% Audwin Samuel 1,574 85.04% Councilmember Ward IV: Jamie Smith 1,595 59.76% Bobbie J. Patterson 1,074 40.24% Park Propositions for the Sale of: Hebert Park For the Sale 8,487 68.08% Against the Sale 3,979 31.92% Oakland/Maple Park For the Sale 8,588 70.25% Against the Sale 3,637 29.75% Pipkin Park For the Sale 7,889 63.13% Against the Sale 4,608 36.87% Whereas no candidate for Councilmember Ward I received the necessary votes required by Charter to be elected, a run-off election is required. Whereas, application has been made for a recount of the Vote Count of the Ward IV election which delays the qualification for the office of Councilmember Ward IV. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the results of said regular City election be and the same are hereby declared to have been as set out herein, and the following named persons were elected to the respective positions subject to the taking of their oaths of office as provided by the laws of the State of Texas: For Mayor: Becky Ames For Councilmember-At-Large: Gethrel Williams-Wright For Councilmember-At-Large: W.L. Pate, Jr. Councilmember Ward II: Nancy Beaulieu Councilmember Ward III: Audwin M. Samuel Park Proposition for the Sale Hebert Park Oakland/Maple Park Pipkin Park Section 2. The City Council of the City of Beaumont further finds that notice of said election was duly and properly given as required by law, and that said election was duly held and returns thereof were duly made by the proper officials of said election and in all things according to law. Section 3. In accordance with the City Charter, the State Constitution and general laws of the State of Texas, a runoff election is hereby called and ordered for June 30, 2007, at which election all legally qualified voters residing in Ward I of the City of Beaumont may vote for the purpose of electing a Councilmember for Ward I. The Mayor is hereby authorized to sign an Order and Notice of Municipal Runoff Election prescribed by the State of Texas. The Notice of Municipal Runoff Election shall be posted and published in accordance with the provisions of the Texas Election Code and the City Charter. Section 4. Said election shall be held jointly with Jefferson County in accordance with Chapter 271 of the Texas Election Code and as outlined in the terms of an agreement heretofore entered into with Jefferson County. Section 5. That said runoff 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 purposed. 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 Clerk may authorize as many additional clerks as are deemed necessary for the proper conduct of the election. 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, 2748 Viterbro Road, Nederland, Texas: Manager of the Central Counting Station, Christopher Mouton; Tabulation Supervisors, Paul Helejda and Ken Sheholm: Presiding Judge of the Central Counting Station, Pat Anders; Alternate Judge, Donna Ferchak. Section 8. All ballots shall be prepared in accordance with Texas Election Code. Electronic and optical Scan ballots shall be used for early voting by mail and for provisional ballots. The iVotronic Voting System v8.0.1.0 (Direct Recording Electronic)shall be used for early voting by personal appearance and voting on Election Day. The City Council hereby adopts for use in early voting and Election Day voting the iVotronic Voting System v8.0.1.0 (DRE) as approved by the Secretary of State. Section 9. That the County Clerk,whose mailing address is P.O. Box 1151, Beaumont, Texas 77704, is hereby appointed clerk for early voting; and pursuant to Sec. 73.034 of the Texas Election Code, the appointment of Theresa Goodness as Deputy Early Voting Clerk is approved, said appointment being without additional compensation. The 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 at the Jefferson County Court House, 1001 Pearl Street, Beaumont,Texas, or at the following branch early voting location: BISD Administration Building, 3395 Harrison Avenue, Beaumont, Texas. The dates and times early voting is to be conducted is as follows: Monday, June 18, 2007 8:00 a.m. to 5:00 p.m. Tuesday, June 19, 2007 8:00 a.m. to 5:00 p.m. Wednesday, June 20, 2007 8:00 a.m. to 5:00 p.m. Thursday, June 21, 2007 8:00 a.m. to 5:00 p.m. Friday, June 22, 2007 8:00 a.m. to 5:00 p.m. Saturday, June 23, 2007 7:00 a.m. to 7:00 p.m. Sunday, June 24, 2007 12:00 p.m. to 5:00 p.m. Monday, June 25, 2007 7:00 a.m. to 7:00 p.m. Tuesday, June 26, 2007 7:00 a.m. to 7:00 p.m. Early voting ballot applications and ballots voted by mail shall be sent to the County Clerk's Office, P.O. Box 1151, Beaumont, Texas, 77704. Section 10. That early votes by personal appearance and by mail shall be conducted by an early voting ballot board consisting of a presiding judge and one clerk,and the County Clerk may authorize as many additional clerks as are deemed necessary. Joe B. Wilson is hereby appointed Presiding Judge of the Early Voting Ballot Board. 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. 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 Clerk shall post a notice in the office, at least twenty four (24) 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 if any section,subsection, sentence, clause, or phrase ofthis ordinance,orthe 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 by 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 22"d day of May, 2007. i.. Mp/�1�.��1�,1 � 0 W- - Mayor Guy N. Goodnson - i It t,k� (�' AV