Ordinance No. 13,357ORDINANCE NO. 13,357
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING THE MUNICIPAL RUNOFF ELECTION TO BE HELD ON
THE 10" DAY OF DECEMBER, 2016, FOR THE PURPOSE OF ELECTING A
COUNCIL MEMBER FOR COUNCIL DISTRICT NO. THREE (3) OF THE CITY
OF BAYTOWN; 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.
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WHEREAS, the City Council of the City of Baytown canvassed the results of the
municipal election held on November 8, 2016; and
WHEREAS, the canvass revealed that the total votes cast at the election for the office of
Council Member District No. Three (3) were as follows:
WHEREAS, based upon such canvass, a runoff election for the office of Council Member
District No. Three (3) is necessary, no candidate received a majority of the votes cast; and
WHEREAS, in accordance with Section 2.027 of the Texas Election Code, the Mayor has
certified the names to be placed on the ballot for the runoff election; and
WHEREAS, within the time period prescribed by Section 2.025 of the Texas Election
Code, the City Council desires to order the runoff election to be held on December 10, 2016, NOW
THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the runoff election of the City of Baytown, required pursuant to
Section 2.021 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 10th day of December, 2016, in the City of Baytown,
Texas, for the purpose of electing a person to the office of Council Member of District No. Three
(3).
Section 2: That the Council Member shall be elected from District No. Three (3), a single
member election district, by a majority vote. The Council Member elected from District No.
Three (3) must be a bona fide resident of such district.
Total
Percentage
Charles Johnson
1,158
42.39%
Spencer Carnes
855
31.30%
Teclesha Blanchard
719
26.32%
Totals
WHEREAS, based upon such canvass, a runoff election for the office of Council Member
District No. Three (3) is necessary, no candidate received a majority of the votes cast; and
WHEREAS, in accordance with Section 2.027 of the Texas Election Code, the Mayor has
certified the names to be placed on the ballot for the runoff election; and
WHEREAS, within the time period prescribed by Section 2.025 of the Texas Election
Code, the City Council desires to order the runoff election to be held on December 10, 2016, NOW
THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the runoff election of the City of Baytown, required pursuant to
Section 2.021 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 10th day of December, 2016, in the City of Baytown,
Texas, for the purpose of electing a person to the office of Council Member of District No. Three
(3).
Section 2: That the Council Member shall be elected from District No. Three (3), a single
member election district, by a majority vote. The Council Member elected from District No.
Three (3) must be a bona fide resident of such district.
Section 3: That the candidates in the runoff election ordered herein are the candidates
who received the highest and second highest number of votes for Council Member District No.
Three (3) at the municipal election held on November 8, 2016.
Section 4: That on November 17, 2016, the Mayor of the City of Baytown certified in
writing for placement on a runoff election ballot the names of the following runoff candidates and
delivered such certification to the City Clerk:
Charles Johnson
Spencer Carnes
Section 5: That the form of the ballot for said election shall be substantially as follows:
OFFICIAL BALLOT
FOR COUNCIL MEMBER DISTRICT NO. THREE (3)
(Order of candidate names will be determined in accordance with
Section 52.094 of the Texas Election Code)
Section 6: That the candidates certified by the Mayor shall have their names printed on
the official ballot. Within the time period established in Section 145.092(d) of the Texas Election
Code, either candidate may cause his name to be withdrawn by filing, in writing, with the Mayor or
his designee the City Clerk, a request to that effect over his/her own signature, duly attested to by a
Notary Public.
Section 7: That the election called in Section 1 hereof shall be held as a joint election
with Harris County pursuant to the joint election agreement to be entered into with such county.
Section 8: That the City shall use the polling places along with election officials for the
runoff election ordered in Section 1 hereof as designated by Harris County. According to Harris
County, the main early voting location will be at 1001 Preston, 4th Floor, Houston, Texas, with a
branch early voting location in the Mockingbird Room, Baytown Community Center, 2407
Market St., Baytown, Texas.
Section 9: 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 10: 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. Direct recording electronic (DRE) equipment shall be used for early voting by
personal appearance. Early voting by personal appearance shall commence on November 30,
2016, and end on December 6, 2016, in accordance with the following schedules adopted by Harris
County:
November 30th — December 2 "d .. ............................... 8:00 a.m. - 4:30 p.m.
December 5 th — December 6th ......... ........................... 7:00 a.m. - 7:00 p.m.
Direct recording electronic (DRE) equipment shall be used for early voting by mail in
Harris County. Applications for ballots to be voted by mail should be mailed to:
Stan Stanart
Harris County Clerk
P.O. Box 1525
Houston, TX 77251 -1525
Section 11: The Central Counting Stations to receive and tabulate voted ballots shall
be at the locations designated by Harris County.
Section 12: That the runoff election shall be held in accordance with, and shall be
governed by, the election laws of the State of Texas. In the runoff 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 on the notice board, not later than the 15t 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.
Section 13: 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.
Section 14: 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 15: This ordinance shall take effect immediately Vm and after its passage by
the City Council of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmat'Ge + to of the City Council of the
City of Baytown on this the 17th day of November, 2016.
A ST:
LETICIA BRYSCH, ty Clerk
APPROVED AS TO FORM:
H. DONCARLOS, Mayor
a��i �O ebb
1NM01) "A �o
ACIO RAMIREZ, SR., 1 y Attorney
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