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Ordinance No. 15,536 ORDINANCE NO. 15,536 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE UNOPPOSED CANDIDATE JACOB POWELL ELECTED TO THE OFFICE OF COUNCIL MEMBER DISTRICT NO. FIVE(5) OF THE CITY OF BAYTOWN AND CANCELING THE ASSOCIATED MUNICIPAL ELECTION PREVIOUSLY ORDERED TO BE HELD ON THE 7TH DAY OF NOVEMBER, 2023, FOR THE PURPOSE OF ELECTING THE COUNCIL MEMBER OF COUNCIL DISTRICT NO. FIVE (5) OF THE CITY OF BAYTOWN; ORDERING THE CITY CLERK TO INCLUDE ON THE BALLOT FOR THE CITY'S MUNICIPAL ELECTION TO BE HELD ON THE 7TH DAY OF NOVEMBER, 2023, A HEADING ENTITLED "UNOPPOSED CANDIDATES DECLARED ELECTED" UNDER WHICH THE OFFICE OF COUNCIL MEMBER OF COUNCIL DISTRICT NO. FIVE (5) AND JACOB POWELL'S NAME SHALL APPEAR; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, through Ordinance No. 15,470 adopted on June 8, 2023, the City Council called its municipal election to be held on the 70' day of November, 2023, for the purpose of electing Council Members of Council District Nos. Four (4), Five (5) and Six (6) of the City of Baytown; and WHEREAS, only one candidate filed for such office for Council Member of Council District No. Five(5); and WHEREAS, the deadline has now passed for filing for a place on the ballot and for declaring write-in candidacy in such election; and WHEREAS, Section 2.051,et seq. of the Texas Election Code provides for the cancellation of an election if each candidate whose name is to appear on the ballot is unopposed; and WHEREAS, the City Clerk, the authority responsible for having the official ballot prepared, has certified in writing that the candidate for the Office of Council Member of Council District No. Five (5) is unopposed for election and that no candidate's name is to be placed on a list of write-in candidates for that office under applicable law; and WHEREAS, the City Clerk has delivered to the City Council of the City of Baytown, a Certificate of Unopposed Candidate, which certification is attached hereto as Exhibit "A" and is incorporated herein for all intents and purposes; and WHEREAS, under these circumstances, Chapter 2, Subchapter C of the Texas Election Code authorizes the City Council to declare the candidate elected to office and cancel the election; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown, Texas, declares that Jacob Powell, who is unopposed in the November 7, 2023,municipal election, is elected to the office of Council Member of Council District No. Five (5) of the City of Baytown and directs that a certificate of election following the time the election would have been canvassed be issued. Section 2: That the Municipal Election ordered by the City Council of the City of Baytown in Ordinance No. 15,470, to be held on the 7th day of November, 2023, for the purpose of electing the Council Member of Council District No. Five (5) is hereby canceled in accordance with Section 2.053(b)of the Texas Election Code. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown on this the 14th day of September, 2023. NDON CAPETILL , Mayor EST: I���� .J•`�-:��' �; h Yf ANGEL JACK- , City Clerk APPROVED AS O ORM: SCOTT Lf OND, City Attorney R:Karen Anderson ORDINANCES\2023\2023.09.14•.CancelmgMunicipalElectionDistnct5.docx 2 EXHIBIT "A" BMTOWN CERTIFICATE OF UNOPPOSED CANDIDATE STATE OF TEXAS § COUNTY OF HARRIS § TO: THE MAYOR AND CITY COUNCIL, CITY OF BAYTOWN, TEXAS In accordance with Section 2.052, Texas election Code, I, Angela Jackson, City Clerk for the City of Baytown, Texas, and the authority responsible for having the official election ballot prepared, herby certify that the following candidate is unopposed for election to office, for the election scheduled on November 7, 2023. Office: Candidate: Council Member, District No. Five (5) Jacob Powell WIT Y MY HAND AND SEAL of the City on this 14th day of September, 2023. ��epYTOWry Tc`' .• % v co 4!' �s ••lY �+e'•�noeoac°•�!�` F OF ANGEL JACKSON, CITY CLERK Page 1