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Ordinance No. 12,885ORDINANCE NO. 12,885 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 3RD DAY OF NOVEMBER, 2015, FOR THE PURPOSE OF REAUTHORIZING THE LOCAL SALES AND USE TAX IN THE CITY OF BAYTOWN AT THE RATE OF ONE - FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY VOTING BALLOT BOARD FOR EARLY BALLOTS; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That a special municipal election of the City of Baytown, pursuant to Sections 41.001 and 41.031 of the Texas Election Code, shall be held between the hours of seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m. on the 3'd day of November, 2015, in the City of Baytown, Texas, for the purpose of voting for or against the following proposition: Proposition No. 1 THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF BAYTOWN AT THE RATE OF ONE - FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS. THE TAX EXPIRES ON THE FOURTH ANNIVERSARY OF THE DATE OF THIS ELECTION UNLESS THE IMPOSITION OF THE TAX IS REAUTHORIZED. Section 2: That the proposition specified in Section 1 hereof shall be presented to the City at large and the proposition shall be submitted in accordance with law. Section 3: That the form of the ballot for this special election shall be substantially as follows: OFFICIAL BALLOT [] FOR PROPOSITION NO. 1 THE REAUTHORIZATION OF THE LOCAL SALES AND [] AGAINST USE TAX IN THE CITY OF BAYTOWN AT THE RATE OF ONE - FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS. THE TAX EXPIRES ON THE FOURTH ANNIVERSARY OF THE DATE OF THIS ELECTION UNLESS THE IMPOSITION OF THE TAX IS REAUTHORIZED. Section 4: That the election called in Section 1 hereof shall be held as a joint election with Harris County and Chambers County pursuant to the joint election agreement to be entered into with each county. Section 5: That the City shall use the polling places along with election officials for the special election ordered in Section 1 hereof as designated by Harris County and Chambers County. Section 6: Direct recording electronic (DRE) equipment shall be used for voting at the designated election precincts, and electronic counting devices and equipment shall be used for counting the ballots at the election. Section 7: Each qualified voter who desires to cast an early vote shall be entitled to an official ballot and the right to cast such ballot in accordance with the provisions of the Texas Election Code. Early voting will be conducted by the Early Voting Clerks at the places designated by Harris County and Chambers County. Direct recording electronic (DRE) equipment shall be used for early voting by personal appearance. Early voting by personal appearance shall commence on October 19, 2015, and end on October 30, 2015, in accordance with the schedules adopted by Harris and Chambers Counties. Direct recording electronic (DRE) equipment shall be used for early voting by mail in Harris County and Opti Scan mail ballots shall be used for early voting by mail in Chambers County. Applications for ballots to be voted by mail should be mailed to: Stan Stanart Heather Hawthorne Harris County Clerk Chambers County Clerk Attn: Elections Division P.O. Box 728 P.O. Box 1148 Anahuac, Texas 77514 Houston, TX 77251 -1148 Section 8: The Central Counting Stations to receive and tabulate voted ballots shall be at the locations designated by Harris and Chambers Counties. Section 9: That the special election shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. In the special election, the Mayor and the City Clerk of the City of Baytown shall do and perform each act as required to be done and performed respectively by the County Judge and the County Clerk of the Commissioners' Court. The notice of this election shall be given by posting a substantial copy of this election ordinance at City Hall and at three other places in the City, not later than the 21 s` day prior to the date set for the election; and a substantial copy of this election ordinance also shall be published once in a newspaper of general circulation published in the City, the date of the first publication to be not more than 30 days and not less than 10 days prior to the date set for the election. Notice of the Election shall also be provided to the Harris County Clerk and the Chambers County Clerk not later than the 601h day before the date of the election ordered herein. Section 10: The City Clerk is further authorized to give or cause to be given notices required for the election, and to take such other and further action as is required to conduct the election in compliance with the Texas Election Code. 2 Section 11: In all matters relating to the ordering, giving notice, and holding the election, the City shall comply with the applicable parts of the Texas Election Code, including particularly Chapter 272 of the Texas Election Code pertaining to bilingual requirements, and the Federal Voting Rights Act of 1965, as amended. Section 12: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirm�Ie vote of the City Council of the City of Baytown on this the 25th day of June, 2015. LETICIA BRYSCH, 4;9y Clerk APPROVED AS TO FORM: dG&ACIO RAMIREZ, SR., City rney ;}S e s (—� r e 0 � p ....� � W .� .� ��C Pf H. DONCARLOS, Acobfs0l •legal KarenTiles,.City Councit- Ordinances\2015Vune 25', callingStreetMaintenanceSalesTaxElectionNovember2015 .docx 3