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Ordinance No. 5I• ORDINANCE NO. 5 AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF APRIL, 1948, FOR THE PURPOSE OF ELECTING FOUR (4) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NO. 1,3,4, and 5; PROVIDING FOR ELECTION OFFICERS, DESIGNATING THE PLACES AND MANNER OF HOLD- ING SAID ELECTION, PRESCRIBING THE HOURS AND PROVID- ING FOR TIE POSTING AND PUBLICATION OF NOTICE. PURSUANT to Section 12 of Article II, of the charter of the city of Baytown, providing for the manner of election and the term of office of the members of-the city council of the city of Baytown: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: THAT the regular ?municipal election of the city of Baytown prescribed in said section of the charter of the city of Baytown shall be held between the hours of seven o'clock a.m. and seven o'clock p.m. on the sixth day of April, A. D. 1948,in said city for the purpose.of electing the following members of the city council: One councilman from District No. 1; One councilman from District No. 3; one councilman from District No. 4; and one councilman from District No. 5. 0 Section 2: THAT said city is hereby divided into election precincts and their polling places will be and election officials shall be, for the pur- poses of this election, as follows: Precinct No. Polling Place Officials No. 99 Thad Felton's Ford Agency HenrZ Cathriner Judge and Presiding Officer No. 100 No. 101 Wilkenfeld's Furniture Co. City Hall -1- Mrs. C. J. Bailey Assistant Judge Mrs. Sam Herbert .Assistant Judge _George Mallory Judge and Presiding Officer Mrs. B. Nettles Assistant Judge Mrs. Jessie Lunsford Assistant Judge Mrs. J. W. Riggs Judge and Presiding Officer Mrs. E. E. Slagle _ Assistant Judge T Mrs. C. A. Bolster Assistant Judge • 0 • 11 Precinct No. No. 102 No. 149 Polling Place Fire Station No. 2 San Jacinto Elementary School Officials M. V. Berry Jude and Prebidino Officer Mrs. H. B. Broom Assistant Judge Mrs. Knox Bunting Assistant Judge J. Rodger Read Judge and Presiding Officer W:. gj- .1tiLU,can Assistant Judge Mrs. W. H. Platt Assistant Judge Section 3: THAT this election shall be held in accordance with and shall be governed by the election laws of the State of Texas. In all city elec- tions the mayor, city clerk, or the governing body shall do and perform each act' in other elections required to be done and performed respectively by the county judge, the county clerk, or the commissioner's court. The notice or proclamation of this and all other city elections shall be issued and posted at the polling places not later than 30 days before the date of said election. Section 4: THAT one councilman shall be elected from each of the respective-Districts No. 1,3,4 and 5 of the city of Baytown by a majority vote of the city at large; that said districts are and shall be as established, defined, and outlined in the report of the commission appointed by the city council for the purpose of dividing the city of Baytown into six districts of approximately equal population, the report of said commission being dated the 5th day of February, A. D., 1948, and adopted and approved by the city council of the city of Baytown on.the 5th day of February, 1948. Each councilman so elected shall be a bona fide resident of the district represented by him; Districts 2 and 6 as established and defined in the aforementioned report of said commission are represented by two holdover councilmen and none shall be elected in this election from these two districts; Of the four councilmen to be elected at this election, the three councilmen -elect receiving the large& number of votes shall hold office for the term of two years and the one councilman-elect receiving the smallest number of votes shall hold office for a term of one year; that in case of tie vote between two or more candidates whose termsshall be either one or two years, then the candidates who are tied shall decide said vote by to t as provided in the charter of said city. Section . THAT the qualifications of the members of the city council shall be as follows: The mayor and. each of the six councilmen shall be citizens of the United States of America-. and a qualified voter of the State of Texas; -2- shall have resided for at least two years next preceding the election within the corporate limits of Baytown; shall be a bona fide owner of real estate within the corporate limits of Baytown; and shall not be.in arrears in the payments of any taxes or other liability 0 due the city. • 0 Section 6: THAT any eligible and qualified person may have his name printed upon the official ballot as an independent candidate for the office of councilman from his respective district by filing his sworn application with the mayor at least 30 days prior to the date of this election. The application shall state the specific office or place being sought by the applicant and that the applicant is eligible and qualified under the laws of the State of Texas to become a candidate for and hold the office being sought, if elected. follows: Section 7: (a) The form of the sworn application shall be substantially as "To the :Mayor of the City of Baytown, Texas, Greetings: III, , hereby make application to have my name printed on the official ballot as an independent candidate for the office of councilman representing District No. to be voted upon at the city election to be held on the 6th day of April, 1948; and I hereby certify that I am quali- fied to hold such office, if elected. "State of Texas County of Harris it , being duly sworn, deposes and says that the statements contained in the foregoing appli- cation are true. Signed "Subscribed and sworn to before me this the day of , 1948. (SEAL) Notary Public in and for Harris County, Texas. It (b) Such sworn application may be accompanied with a petition signed by qualified electors„ although such petition is not required. (c) Such sworn application shall be accompanied with an executed copy of the "Loyalty Affidavit" as required by Article 2978a, Vernon's Texas Statutes, in sub- stantially the following form: III I , of the City of Baytown, County of Harris, State of Texas, being a candidate for the office of Councilman, do solemnly swear that I believe in and approve of our present representative form of government, and if elected, I will support and defend our present representative form of government and will resist any effort or movement from any source which seeks to subvert or destroy the same or any part thereof, and I will support and defend the Constitution and Laws of the United States and of the State of Texas. (Candidate's Signature) "Sworn to and subscribed before me at Baytown, Texas, this the day of A.D.J. 1948• ( SEAL) Notary Public in and for Harris County, Te -3- • Section S: THAT the form of the ballot for said election shall be substantially as follows: OFFICIAL BALLOT FOR COUNCILMAN DISTRICT NO. 1 FOR COUNCILMAN DISTRICT No. 3 ® FOR COUNCILMAN DISTRICT NO. 4 FOR COUNCILMAN DISTRICT NO. 5 Section 9: THAT the names of all those who have filed.their sworn applications-to have their names printed.on the official ballot as candidates shall be posted by the City Clerk in a conspicuous place at the City Hall for the inspection of the public for at least ten days before she orders the ballots to be printed. All objections to the regularity or validity of the application of any person shall be made within five days after such posting, by written notice filed with the City Clerk, setting forth the grounds of objections. In case no such objection is filed within the time prescribed, the regularity or validity of the application of no person whose name is so posted, shall be thereafter contested. The City Clerk shall preserve in her office for a period • of two years all applications, notice of objections and other related papers. Section 10: THAT any person eligible to the office of councilman . who has filed his sworn application in accordance with the provisions of this ordinance shall have his name printed on the official ballots. Any such person may cause his name to be withdrawn at any time before the official ballots are —4— • actually printed, by filing in writing with the City Clerk a request to that effect over his own signature, duly attested to by a Notary Public. No name so withdrawn shall be printed on the ballots. Not later than twenty (20) days before the date of this election the City Clerk shall have the official ballots printed. Section 11: Each qualified voter who desires to cast an absentee vote and who expects to be absent on the day of the city general election shall be entitled to an official ballot and the right to cast such ballot in accordance with the provisions of Article 2956, Vernon's Texas Statubes. Section 12: The Chief of Police shall be directed to post a properly executed copy of -the election proclamation and notice at each polling place within the city. Said notice shall be posted not less than thirty (30) days before the date of said election. The mayor is hereby directed-to give further notice • of said election by publishing a copy of the election proclamation and notice in a newspaper of general circulation within said city, said publication to be made not later than thirty (30) full days prior to the date set for said election. INTRODUCED; READ AND PASSED by affirmative vote of the majority of the members of the city council of the City of Baytown, this -- day of February, 1948. E. D. Cleveland, Mayor AT City Clerk I.• -5-