Ordinance No. 13,500ORDINANCE NO. 13,500
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 7"
DAY OF NOVEMBER, 2017, FOR THE PURPOSE OF ELECTING
COUNCILMEMBERS FOR COUNCIL DISTRICTS FOUR (4), FIVE (5) AND SIX
(6) 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, pursuant to Article II, Section 12 of the Charter of the City of Baytown,
Texas, Ordinance No. 9488, Resolution No. 2159, the Texas Election Code and the Order of the
Court in Campos, et al. v. City ofBaytown, et al., providing for the manner of election and the term
of office of the members of the City Council of the City of Baytown, the City Council herein calls
its municipal election to be held on the 7t' day of November, 2017; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the regular municipal election of the City of Baytown, as prescribed in
Article H, Section 12 of the Charter of the City of Baytown, Resolution No. 2159, and 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 7a' day of November, 2017, in the City of
Baytown, Texas, for the purpose of electing the following members of the City Council:
Council Member from District No. Four (4),
Council Member from District No. Five (5),
and Council Member from District No. Six (6).
Section 2: That one Councilmember shall be elected from each of the following single
member election districts:
District No. Four (4),
District No. Five (5), and
District No. Six (6),
by a majority vote, that said districts are as established, defined and outlined in Ordinance No.
9488, and subsequent ordinances adding newly annexed territories to the proper council districts.
Each Councilmember elected from a district shall be a bona fide resident of the district to be
represented.
Section 3: That the qualifications of Councilmember shall be as follows:
OFFICE
QUALIFICATIONS
• shall be a citizen of the United States of America;
• shall be a qualified voter of the City,
Councilmember
shall have resided for at least six months next preceding the election within the district from
which he was elected; and
shall meet such other requirements as set forth in Chapter 141 of the Texas Election Code.
Section 4: That any eligible and qualified person may have his/her name printed upon
the official ballot as an independent candidate for the office of Council Member from
his/her respective district by filing a sworn application with the Mayor of the City of
Baytown or his designee the City Clerk no later than August 21, 2017. The form of the sworn
application for the candidates for the office of Council Member shall be as set forth by Section
141.031 of the Texas Election Code.
Section 5: That the form of the ballot for said election shall be substantially as follows:
OFFICIAL BALLOT
FOR COUNCIL MEMBER DISTRICT NO.
(Appropriate District No. to be completed for each ballot)
Section 6: That any person eligible for the office of Council Member who has filed
his/her own sworn application in accordance with the provisions of this ordinance shall have
his/her name printed on the official ballot. On or before August 28, 2017, any such person may
cause his/her 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. No
names so withdrawn shall be printed on the ballot.
Section 7: That should a runoff election be necessary, the runoff election, pursuant to
Sections 41.001 and 41.031 of the Texas Election Code, shall be held on (i) the same date and time
that Harris County holds its run-off election or (ii) if Harris County does hold a run-off election on
the 9a' day of December, 2017, between the hours of seven o'clock (7:00) a.m. and seven o'clock
(7:00) p.m., in the City of Baytown, Texas.
Section 8: 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 9: That the City shall use the polling places along with election officials for the
municipal election ordered in Section 1 hereof as designated by Harris County and Chambers
County.
Section 10: 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.
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Section 11: 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 Hams 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 23, 2017, and end on November 3, 2017, 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
Harris County Clerk
P.O. Box 1525
Houston, TX 77251-1525
Heather Hawthorne
Chambers County Clerk
P.O. Box 728
Anahuac, Texas 77514
Section 12: The Central Counting Stations to receive and tabulate voted ballots shall
be at the locations designated by Harris and Chambers Counties.
Section 13: That the general municipal election shall be held in accordance with, and
shall be governed by, the election laws of the State of Texas. In the municipal 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 'r 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 Chambers County Clerk not
later than the 60`h day before the date of the election ordered herein.
Section 14: 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 15: 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 16: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown, Texas.
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INTRODUCED, READ and PASSED by the affirmative ote of the City Council of the
City of Baytown on this the 13'' day of July, 2017.
_ U
S PHEN H. DONCARLOS, Mayor
A T:
e °
L I IA BRYSCH, Ci Jerk
°
,oO•eeemo°pO°ash
APPROVED AS TO FORM:5`}
ACIO RAMIREZ, SR., C' ttomey
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