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
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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.
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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
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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
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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 ~~~~~~
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a~vr Ma '~k~~'
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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
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Exhibit "B"