Ordinance No. 12,284ORDINANCE NO. 12,284
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE
5TH DAY OF NOVEMBER, 2013, FOR THE PURPOSE OF ELECTING
COUNCILMEMBERS FOR COUNCIL DISTRICTS ONE (1), TWO (2) AND
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, 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 of Baytown, 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 5th day of November, 2013; 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 II, 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 5th day of November, 2013, in the City
of Baytown, Texas, for the purpose of electing the following members of the City Council:
Councilmember from District No. One (1),
Councilmember from District No. Two (2), and
Councilmember from District No. Three (3).
Section 2: That one Councilmember shall be elected from each of the following single
member election districts:
District No. One (1),
District No. Two (2), and
District No. Three (3),
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:
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 Councilmember 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 26, 2013. The form of the sworn application for the
candidates for the office of Councilmember 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 COUNCILMEMBER DISTRICT NO.
(Ai)pro-priate District No to be completed for each ballot)
Section 6: That any person eligible for the office of Councilmember 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 September 3, 2013, 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 14th day of December, 2013, 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 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.
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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QUALIFICATIONS
OFFICE
Councilmember
• shall be a citizen of the United States of America;
• shall be a qualified voter of the State of Texas;
. 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 Councilmember 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 26, 2013. The form of the sworn application for the
candidates for the office of Councilmember 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 COUNCILMEMBER DISTRICT NO.
(Ai)pro-priate District No to be completed for each ballot)
Section 6: That any person eligible for the office of Councilmember 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 September 3, 2013, 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 14th day of December, 2013, 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 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.
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 Harris County. Direct recording electronic (DRE) equipment shall be used for
early voting by personal appearance. Early voting by personal appearance shall commence on
October 21, 2013, and end on November 1, 2013, in accordance with the schedules adopted by
Harris County.
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 12: The Central Counting Stations to receive and tabulate voted ballots shall be
at the locations designated by Harris County.
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 21s'
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 not later
than the 60th 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. , 41'
INTRODUCED, READ and PASSED by the of ative vote of the City Council of the
City of Baytown on this the 11th day of June, 2013.
HEN H. DONCARLOS, Mayor
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APPROVED AS TO FORM:
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ACIO RAMIREZ, SR., C ty Attorney
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