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HomeMy WebLinkAboutOrdinance 10298\. r, '~, a ~~ , r.'" ORDINANCE NO. 10298 AN ORDINANCE ORDERING A RUNOFF ELECTION FOR CITY COUNCIL DISTRICT N0. 5 BY THE QUALIFIED VOTERS OF THAT DISTRICT, ON SAT URDAY, THE 20TH DAY OF MAY, A.D. 1989, FOR THE PURPOSE OF ELECTING A COUNCILMEMBER FOR THE CITY OF FORT WORTH, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. T hat, in compliance with the Charter of the City of Fort Worth and in accordance with the Constitution and laws of the State of Texas, a runoff election be and the same is hereby ~,. ._ called and ordered for Saturday, May 20, 1989, as authorized by Section 41.001 of the~T.exas Election Code, as amended, at which election the qualified voters of City Council District No. 5 may vote for the purpose of electing a Councilmember from District 5. SECT ION I I . That the City Secretary of said City shall prepare ballots to be used in voting mactzines in said election, on which ballots shall be printed the names of the runoff candidates. SECTION III. ~ That the order in which the names of such candidates are to be printed on the runoff ballot shall be determined by a drawing to be conducted by the City Secretary. The City Secretary shall post in her office a notice of the date, hour and place of the drawing. The notice must remain posted for 24 hours immediately preceding the scheduled time of the drawing. Upon receipt of a candidate's written request, accompanied by a stamped, self-addressed envelope, the City Secretary shall mail written notice of the date, hour and place of the drawing to the candi- date. Each candidate affected by the drawing is entitled to be present or to have a representative present at the drawing. SECT ION IV. That Ruth Howard, City Secretary of the City of Fort Worth, shall conduct and shall be the clerk for absentee voting at said elections. That Robert Parten, Tarrant County Elections Administrator, will serve as chief deputy absentee voting clerk. Absentee voting shall be conducted by two methods: A. Voting by personal appearance; and B. Voting by mail. Absentee voting shall be by use of an electronic voting system as prescribed by Paragraph ViT hereof. Said absentee voter shall vote by blackening in the box beside the name of the candidate for whom he wishes to vote ; provided , however , that , i f the voter places a plus sign (+) or a check mark (~,~) or any other mark, which clearly shows the voter's intent in the square beside the name of the candidate for whom the voter desires to vote, it shall be counted as a vote for that candidate, provided that no more names are thus marked than there are places to be filled. That the failure of a voter to mark his or her ballot in strict conformity with these directions or failure to vote a full ballot shall not invalidate the ballot, and the vote shall be counted if the intent is clearly ascertainable, unless the law prohibits counting the vote. It is specifically provided that the election officers shall not refuse to count an absentee ballot because of the voter having marked his or her ballot by marking through the -2- :a n ames of the candidates for whom he or she does not wish to vote; and that in this connection the attention of the Absentee Ballot Board is directed to the provisions of Section 65.009 of the Texas Election Code, as amended. SECTION V. Absentee voting by personal appearance shall be conducted on weekdays only, beginning on or before Monday, May 15, 1989, and continuing through Tuesday, May 16, 1989. Such absentee voting shall be conducted at the following locations at the following times: Location Office of the City Secretary 3rd Floor, Fort Worth Municipal Bldg. 1000 Throckmorton Street Fort Worth, Texas 76102 Poly Sub-Cour thouse Tarrant County 3212 Miller Avenue Fort Worth, Texas 76119 Mueller Building 600 West Weatherford Fort Worth, Texas 76102 Time 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 4:30 p.m. 8:00 a.m. to 4:30 p.m. In addition, absentee voting by personal appearance also shall be conducted on Saturday, May 13, 1989, between the hours of 9:00 a.m. and 1:00 p.m., in the Office of the City Secretary, Third Floor, Fort Worth Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. SECT ION VI . The Absentee Ballot Board is hereby created to process absentee voting results, and Barney Koons is hereby appointed as Presiding Judge. The Presiding Judge shall appoint at least two other members to such Board. -3- s:. s SECT ION VII . A. An electronic voting system, as defined in Chapter 121 of the Texas Election Code, as amended, shall be used for voting at the regular polling places at said election and for counting the- ballots and the tabulation of the results. The conduct of the election and the use of the electronic voting system shall be in accordance with the Texas Election Code, as amended. B. The Office of the Tarrant County Election Administrator, Tarrant County Courthouse, 100 Weatherford, Fort Worth, Texas, is hereby established as the Central Counting Station for the ballots cast in said election. C. Robert Parten, having knowledge and experience in the conduct of elections with the electronic voting system for which the Central Counting Station is established, and being a regis- tered voter of the City of Fort Worth, is hereby appointed as the Manager of the Central Counting Station. The Manager shall be in charge of overall administration of the Central Counting Station and the general supervision of the personnel working at said Station. D. Rick O'Neal, being trained in the operation of the auto- matic tabulating equipment installed at the Central Counting Station, is hereby appointed Tabulation Supervisor. The Tabulation Supervisor shall be in charge of the oper at.on of the automatic tabulating equipment. E. The appointments of Wendy Sharp, Donna Calton and Connie Beckham as Assistants to the Tabulation Supervisor are hereby approved. They shall assist the Tabulation Supervisor in the oper- -4- ,:. ation of the automatic tabulating equipment as directed by the Tabulation Supervisor. F. Patricia Benavides is hereby appointed as Presiding Judge of the Central Counting Station. She shall maintain order at the Central Counting Station and shall have such authority as may be prescribed by the Texas Election Code, as amended. SECTION VIII. That the City Secretary is hereby ordered and directed to prepare and issue ballots for absentee voting and for electronic voting and to stamp same "Official Ballot." Said ballots shall be printed in English and in Spanish for use in said runoff elec- tion. SECT ION IX. That the City Secretary of the City of Fort Worth shall fur- Wish election officials said ballots and voting equipment, to- gether with any other forms, blanks or instructions in accordance with the Charter of the City of Fort Worth, Texas, and the laws of the State of Texas insofar as same are applicable. SECT ION X. That the polls shall be kept open from seven o'clock A.M. until seven o'clock P.M., on May 20, 1989, and that due return shall be made to the City Council showing the number of votes cast for each candidate for membership on the City Council. SECT ION XI . That the candidate receiving a majority of all the votes cast for the office for which he is a candidate shall be elected to such office; but that, in the event of a tie, the candidates _~_ ,r~ ~ t for that office shall cast lots to determine the winner. The casting of such lots shall be supervised by the Mayor. SECT ION XI I . That the single member districts in which runoff elections will be conducted (described and defined with particularity in Ordinance Nos. 7323, 7392, 7441, 7869, 7963, 8047, 8261, 8682, 8712, 8719, 8909, 9304, 9548, 9618, 9804 and 10257) and the pre- cincts therein, are set out with particularity on Exhibit "A" attached hereto and made a part hereof. SECT ION XI I I . Only qualified electors residing within the boundary of District No. 5 shall be eligible to vote for a candid ate for Member of Council, Place No. 5. SECT ION XIV. That the location of the polling places for the runoff elec- tion of City Councilmember for District No. 5, except insofar as they may be changed by the City Council, are set forth on Exhibit "B" attached hereto and made a part hereof. SECTION XV. That the City Council shall appoint a Presiding Judge and an Alternate Presiding Judge for each precinct or portion thereof within the City Council Single Member District No. 5. Each Presiding Judge shall appoint not less than two nor more than eight qualified election clerks to serve and assist in conducting said elections, provided that, if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. _6_ ,.- SECT ION XVI . That said elections shall be held under the provisions of the Charter of the City of Fort Worth, Texas, and the Constitution and laws of the State of Texas, insofar as same may be applicable. SECTION XVII. This ordinance shall constitute the proclamation, call, notice and ordinance calling and ordering said runoff election. SECT ION XVI I I . That insofar as permitted by the time limitations prescribed by the City Charter, notice of said election shall be given by: (1) publishing a copy of this ordinance, in English and in Spanish, at least once, as soon as practicable after the canvassing of the votes from the first election, in a newspaper published in said City; and (2) within the time limitations permitted by the City Charter, posting a copy of this ordinance, in English and in Spanish, on the City's bulletin board used for posting notices of the meetings of the Fort Worth City Council. SECTION XIX. That the way and manner of holding said election, the notice to be given therefor, the polling places, the personnel and the officers who are to hold same, and all details connected with the holding of the election shall be provided for and arranged by the City Secretary; that the proper notice and publication of this notice, proclamation and ordinance shall only be cumulative of and in addition to the statutory notice of said election as here- in provided; and that any omission or irregularity in the posting -7- 1 a ~, ~ ~~ and publication of this notice, proclamation and ordinance, or in the signing of same, and any non-compliance with the Texas Election Code due to conflicting City Charter provisions, shall not in any way affect or invalidate such election. SECTION XX. That in all respects, and insofar as time requirements of the City Charter permit, said elections shall be conducted in accordance with. the Texas Election Code, as amended. SECT ION XXI . That it is hereby officially found and determined that the meeting at which this ordinance was adopted and said election was called was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Annotated Civil Statutes, Article 6252-17, as amended. SECTION XXII. That this ordinance, election order, proclamation and notice shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. Bob Bolen Mayor of the City of Fort Worth, ATT E City Secretary of the City of Fort Worth, Texas -8- .6~ D~PurYC ty Attorney o the City of Fort Worth, Texas Date: S'-'!0° SQ i ADOPTED: S~" ~ ~ ~ q EFFECTIVE: S' ~ - ISM{ APPROVED AS TO FORM AND EGALITY: PASSED AND ADOPTED this, the ~ day of , 1989, at a regular, public meeting of the City Council of the City of Fort Worth. -9- REVISED 5-11-89 Fort Worth Precincts by Single P1ember Districts March 1, 1988 Tarrant County District Voting Precincts 5 1011, 1074, 1075, 1098, 1106, 1127, 1132, 1149, 1152, 1184, 1188, 1211, 1297, 1299, 1346, 2270 "EXHIBIT A" • w, .,. .. ~ ~-> ,~ POLLING PLACE LOCATION LIST CITY OF FORT WORTH ELECTION MAY 20, 1989 DISTRICT PRECINCT LOCATION 5 1011 Liberation Church 3540 East Rosedale 76105 5 1074 YWCA 3401 Avenue I 76105 5 1075 Fort Worth Police Sector Building 1100 Nashville 76105 5 1098 S S Dillow Elementary School ` 4000 Avenue N 76105 5 1106 East Berry Branch Library 4300 East Berry 76105 5 1127 Martin Luther King Center 5565 Truman Drive 5 1132 Truevine Baptist Ghurch 3732 Miller 76119 5 1299 Glenn Park Elementary School 1149 3601 Pecos Street 76119 5 1297 A. M Pate Elementary School 1152 3800 Anglin Drive 76119 5 1184 Bethel Baptist Church 4801 East Loop 820 76119 5 1188 Dunbar High School 5700 Ramey Avenue 76112 5 1211 Dunbar Middle School 2501 Stalcup Road 76119 5 1346 Dunbar 6th Grade Center 5100 Willie Street 76105 5 2270 Fire Station No 24 3101 Forest Avenue 76112 "EXHIBIT B" L~~