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HomeMy WebLinkAboutOrdinance 13468ORDINANCE NO ~,3 ~_ AN ORDINANCE CALLING AND ORDERING A SPECIAL ELECTION TO BE HELD ON AUGUST 8, 1998, FOR THE PURPOSE OF ELECTING A CITY COUNCILMEMBER FOR DISTRICT 5 FOR THE CITY OF FORT WORTH WHEREAS, the City Council of the City of Fort Worth consists of nine members, one of whom is the Mayor who is elected from the City at large, and eight of whom are councilmembers who are elected from singlemember districts within the City; and WHEREAS, Eugene McCray, City Councilmember, District 5, died on Thursday, May 21, 1998, and WHEREAS, pursuant to Section 4 of Chapter III of the City Charter, the City Council is required to call a special election to fill the vacancy in the office of City Councilmember, District 5, which election shall be held on the first available election date specified in the Texas Election Code, which date is August 8, 1998, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION I ~._ That 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 special election is hereby called and ordered for Saturday, August 8, 1998, as authorized by Section 4 of Chapter III of the City Charter and by Chapter 201 of the Texas Election Code, at which election all qualified voters of City Council District 5 may vote for the purpose of electing a Councilmember from District 5 SECTION Il That the City Secretary of said City shall prepare ballots to be used in voting machines in said election, on which ballots shall be printed the names of the candidates for the position of Councilmember, District 5 The City Council singlemember districts are described and defined in City Ordinance No 7323, as amended SECTION Ill That no person's name shall be placed on the official ballot as a candidate for membership on the City Council District 5, unless such person has filed his or her sworn application, as required by the laws of the State of Texas, with the City Secretary not later than 5 00 p m of the 31 S` day before election day There must also appear on the face of said application the singlemember district wherein said candidate resides and from which district said candidate is seeking election That no person's name shall be placed on the official ballot as a candidate for membership on the City Council, District 5, unless such person is a qualified elector of the City and shall have resided continuously within the State for at least twelve- (12) months immediately preceding the date of the regular filing deadline for a candidate's application for a place on the ballot, which date is July 8, 1998, and continuously within District 5, for a period of at least six (6) months immediately preceding the date of the election, which date is August 8, 1998 In determining whether a person has complied with the durational residency requirements established by and referred to in this ordinance and in the City Charter for the office of City Councilmember, the provisions of Sections 141 001, 141 003, and 114 004 of the Texas Election Code, a and Chapter IV, Section 3 of the City Charter, shall apply SECTION IV That it shall further appear to the said City Secretary, before said candidate's name is entered on said ballot, that said candidate has filed an affidavit of loyalty with the City Secretary, as required by Article 141 031 of the Texas Election Code SECTION V ' That, in the event that there are two or more candidates for election to City Council District 5, the order in which the names of such candidates are to be printed on the 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 continuously for 72 hours immediately preceding the scheduled time of the drawing, except that for arun-off election, or an election held to resolve a tie vote, 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 candidate Each candidate affected by the drawing is entitled to be present or to have a representative present at the drawing SECTION VI That Robert Parten, Tarrant County Elections Administrator, shall conduct and shall be the Clerk for Early Voting at said election That Gloria Pearson, City Secretary of the 3 City of Fort Worth, will serve as Chief Deputy Early Voting Clerk. Early voting shall be conducted by two methods. A. Voting by personal appearance, and B Voting by mail An electronic voting system, defined as Chapter 121 of the Texas Election Code, shall be used for early voting. SECTION VII Early voting by personal appearance shall be conducted beginning July 22, 1998, and continuing through August 4, 1998 Such early voting shall be conducted at the following locations. Fort Worth Municipal Building Handley-Meadowbrook Community Center South Lobby 6201 Beaty Street 1000 Throckmorton Street Fort Worth, Texas 76112 Fort Worth, Texas 76102 Muller Building 600 West Weatherford Fort Worth, Texas 76102 Griffin Sub-Courthouse 3212 Miller Avenue Fort Worth, Texas 76119 Early voting by personal appearance will be conducted at all of the above locations on the following dates and at the following times. July 22-24 Wednesday-Friday July 27-31 Monday-Friday August 1 Saturday August 2 Sunday August 3-4 Monday-Tuesday 800am -S~OOpm. 800am -5~OOpm 7.OOam -700pm 11.00 a. m. - 4.00 p m. 700am -7.OOpm. 4 SECTION VIII The Early Voting Ballot Board is hereby created to process early voting results, and Jeanne Lyon is hereby appointed as Presiding Judge The Presiding Judge shall appoint at least two other members~to such Board SECTION IX. A. An electronic voting system, as defined in Chapter 121 of the Texas Election Code, 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 B The Office of the Tarrant County Elections 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 registered 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 Linda Funkhouser and Gayle Hamilton, being trained in the operation of the automatic tabulating equipment installed at the Central Counting Station, are hereby 5 appointed Tabulation Supervisors The Tabulation Supervisors shall be in charge of the operation of the automatic tabulating equipment. E The appointment of Leo Angell as Assistant to the Tabulation Supervisors is hereby approved He shall assist the Tabulation Supervisors in the operation of the automatic tabulating equipment as directed by the Tabulation Supervisors F Jeanne Lyon is hereby appointed as Presiding Judge of the Central Counting Station The Presiding Judge shall maintain order at the Central Counting Station and shall have such authority as may be prescribed by the Texas Election Code SECTION X. That the City Secretary is hereby ordered and directed to prepare and issue ballots for said election and to mark same "OfFcial Ballot." Said ballots shall be printed in English and in Spanish for use in said election SECTION XI That the City Secretary of the City of Fort Worth shall furnish election officials said ballots and voting equipment, together 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 SECTION XII That the polls shall be kept open from seven o'clock A.M until seven o'clock P M , on August 8, 1998, and that due return shall be made to the City Council showing the 6 number of votes cast for each candidate for membership on the City Council for District 5 SECTION XIII That any candidate receiving a majority of all the votes cast in said election shall be elected to the office of City Councilmember, .District 5, but that, in the event of a tie or in the event that no candidate receives a majority of all the votes cast for the office sought, the Mayor, on the first day after the completion of the official tabulation and canvass of the returns, shall issue a call, proclamation and notice for a second election, as required by law, to be held on August 29, 1998, to fill that place, at which second election the two candidates receiving the highest number of votes for such office in the first election, at which no one was elected by receiving a majority of all the votes cast for all candidates for such office, shall again be voted for SECTION XIV That the voting precincts contained in City Council District 5 are set out with particularity on Exhibit "A", attached hereto and made a part hereof SECTLON XV Only qualified electors residing within the kioundary of District 5 shall be eligible to vote for a candidate for City Council, District 5 SECTION XVI That the location of the polling places for the election of City Councilmember District No 5, except insofar as they may be changed by the City Council, are set forth on Exhibit "6" attached hereto and made a part hereof SECTION XVII That the City Council shall appoint a Presiding Judge and an Alternate Presiding Judge for each precinct or portion thereof within City Council District 5 Each Presiding Judge shall appoint not less than two nor more than eight qualified election clerks to serve and assist in conducting said election, providing that, if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. SECTION XVIII That said election 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 Each and every candidate for the position of City Councilmember, District 5, shall be a qualified elector of the City SECTION XIX. This ordinance shall constitute the proclamation, call, notice and ordinance calling and ordering said election SECTION XX. That notice of said election shall be given by• (1) publishing a copy of this ordinance, in English and in Spanish, at least once, not earlier than the 30~' day or later than the 10th day before election day, in a newspaper published in said City; and (2) not later than the 21st day before election day, posting a copy of this ordinance in, English s and in Spanish, on the City's bulletin board used for posting notices of the meetings of the Fort Worth City Council SECTION XXI 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 herein provided, and that any omission or irregularity in this notice or in the publication or posting of this notice, proclamation and ordinance, or in the signing of same, shall not in any way affect or invalidate such election SECTION XXII That in all respects, said election shall be conducted in accordance with the Texas Election Code and with the City Charter of the City of Fort Worth SECTION XXIII That 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 Chapter 551 of the Texas Government Code 9 SECTION XXIV 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 (~e.~~, Kenneth Barr, Mayor of the City of Fort Worth '~~ I ` ft of Fort Worth, Texas LEGALITY Wade Adkins, City Attorney of the City of Fort Worth, Texas Date 3,~ t R q S ADOPTED 8 EFFECTIVE rw.c- ~ R9`~~ PASSED AND ADOPTED this, the 2"d day of June, 1998, at a regular public meeting of the City Council of the City of Fort Worth io THE STATE OF TEXAS § COUNTY OF TARRANT § 1, Gloria Pearson, City Secretary of the City of Fort Worth, Texas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No ~~~~~ duly presented and adopted by the City Council of the City of Fort Worth, Texas, at a regular session held on the 2nd day of June, A.D 1998, as same is of record in the minutes of said City Council WITNESS my hand and the official seal of the City of Fort Worth, this~~ day of June, A.D 1998 ~~~~~~ ,~~ ~F~~Y ~~~~~~ .'' ~ ".~- a~vr Ma '~k~~' -.~ :~, fri R w is+y~ f ~f i` I"~,7 r~ l,~ ,w„"w loria Pearson City Secretary of the City of Fort Worth, Texas 11 Single Member District #5 1074 1098 1099 1106 1127 1132 1149 1152 3175 1184 1188 1211 1270 1297 1299 1311 1312 1346 338$ 3409 1415 2420-0 3428 3455 3456 1477 3489 3490 2514-0 (29 Precincts) Exhibit "A" City of Fort Worth Special Election -August 8, 1998 (as of 5/22/98) Precincts District Polling Locaton 1074 5 D McRae Elementary School 3316 Avenue N Fort Worth, Texas 76105 1098 5 S S. Dillow Elementary School 4000 Avenue N Fort Worth, Texas 76105 1099,1312,1415 5 Handley-Meadowbrook Community Center 6201 Beaty Street Fort Worth, Texas 76112 1106 5 East Berry Branch Library 4300 East Berry Street Fort Worth, Texas 76119 1127 5 Martin Luther King Community Center 5565 Truman Drive Fort Worth, Texas 76112 1132,1477 5 Truevine Baptist Church 3732 Miller Avenue Fort Worth, Texas 76119 1149,1184 5 W M. Green Elementary School 4612 David Strickland Drive Fort Worth, Texas 76119 3175,3409,2420 5 St. John Baptist Church 3324 House Anderson Road E u I ess, Texas 76040 1188 5 Paul Laurence Dunbar High School 5700 Ramey Avenue Fort Worth, Texas 76112 1 Exhibit "B" City of Fort Worth Special Election -August 8, 1998 (as of 5/22/98) Precincts District Polling Locaton 1211,1152 5 Sunrise Elementary School 3409 Stalcup Road Fort Worth, Texas 76119 1270 5 Fort Worth Fire Station 24 3101 Forest Avenue Fort Worth, Texas 76112 1297 5 A. M. Pate Elementary School 3800 Anglin Drive Fort Worth, Texas 76119 1299 5 Glen Park Elementary School 3601 Pecos Drive Fort Worth, Texas 76119 1311,3428,3489,3490,2514 5 Handley Middle School 2801 Patino Road Fort Worth, Texas 76112 1346 5 Dunbar 6th Grade Middle School 5100 Willie Street Fort Worth, Texas 76105 3455,3388,3456 5 Fort Worth Fire Station 33 14650 Statler Boulevard Fort Worth, Texas 76155 2 Exhibit "B"