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Ordinance No. 1,068ORDINANCE NO. 1068 AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF APRIL, 1971, FOR THE PURPOSE OF ELECTING THREE COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. TWO (2), THREE (3) AND SIX (6); AND THE ELECTION OF A MAYOR FROM THE CITY AT LARGE; PROVIDING FOR ELECTION OFFICIALS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Pursuant to Article II, Section 12, 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, TEXAS. Section 1: That the regular Municipal Election of the City of Baytown, prescribed in said Section of said Charter of the City of Baytown, shall be held between the hours of seven (7:00) o'clock a.m. and seven (7:00) o'clock p.m. on the 6th day of April, 1971, in said City for the purpose of electing the following members of the City Council: Councilman from District No. Two (2); Councilman from District No. Three (3); Councilman from District No. Six (6); and Mayor from the City at large. Section 2: That said City is hereby divided into Election Precincts and their polling places will be and election officials shall be, for the purpose of this Election, as follows: Precinct No. Poilinq Place Officials No. 12 Alamo Elem. School Bill G. Rogers Judge & Presiding Officer C. C. Laughlin Assistant Judge Mrs. Bill G. Rogers Clerk No. 13 David G. Burnet Elem. Irving St John Judge & Presiding Officer Dorothy St John Assistant Judge W. P. Smith Clerk No. 99 Courtesy Ford Co. Jack G. Hester Judge & Presiding Officer Mrs. Jack G. Hester Assistant Judge Mrs. O. C. Tate Clerk W. O. Tidmon No. 100 Ashbel Smith School Judge & Presiding Officer Mrs. W. O. Tidmon Assistant Judge Mrs. E. R. Rutledge Clerk No. 101 Horace Mann Jr. High Mrs. G. E. Dabney Judge & Presiding Officer Mrs. S. V. Robberson Assistant Judge E. E. Slagle Clerk No. 102 Baytown Junior High A. Contreras Judge & Presiding Officer Mrs. J. W. Sprayberry Assistant Judge Mrs. Nami Katribe Clerk No. 103 Stephen F. Austin Elem. Mrs. Claude Tompkins Judge & Presiding Officer Mrs. H. M. Hunt Assistant Judge Mrs. W. A. Goodrich, Jr Clerk No. 149 San Jacinto Elem. Mrs. Ted L. Kloesel Judge & Presiding Officer Mrs. Fred Marti Assistant Judge Mr. I. Treat Clerk~ -2- No. 165 Travis Elem. School No. 248 Carver -Jones Elem. School No. 249 James Bowie Elem. J. Rodger Read Judge & Presiding Officer J. F. McChesney, Jr Assistant Judge Mrs. Louise Whitten Clerk Woodrow W. Lewis Judge & Presiding Officer Mrs. Virgie Devereaux Assistant Judge Mrs. Johanna Wilson Clerk Wayne McClurg Judge & Presiding Officer M. J. Stein Assistant Judge Mrs. Bonnie Woods Clerk 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 elections, the Mayor, City Clerk or the City Council shall do and perform each act as in other elections required to be done and performed, respectively, by the County Judge, the County Clerk or the Commissioners' Court. The notice of proclamation of this and all other City Elections shall be issued and posted at the polling places not later than thirty (30) days before the date of said Election. Section 4: That one Councilman shall be elected from each of the said respective Districts Nos. Two (2), Three (3) and Four (4); and a Mayor from the City at large by a majority vote of the City at large; that said Districts are and shall be 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 (6) Districts of approximately equal population, the report of said Commission being dated the 5th day of February, 1948, and adopted and approved by the City Council of the City of Baytown on the 5th day of February, 1948, and as said report has -3- been amended. Each Councilman so elected shall be a bona fide resident of the District represented by him; Districts One (1), Four (4) and Five (5), as established in the aforementioned report of said Commission, are represented by three holdover Councilmen and none shall be elected at this Election from those three Districts. Said three Councilmen and a Mayor to be elected at this Election shall hold office for a period of two years. Section 5: 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; shall have resided for at least six (6) months 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 payment of any taxes or other liability due the City. 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 or for the office of Mayor to be elected from the City at large, by filing his sworn applica- tion with the Mayor of the City of Baytown at least thirty (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. Section 7: (a) The form of the sworn application for candi- dates for the office of Councilman shall be substantially as follows: "To the Mayor of the City of Baytown, Texas, Greetings: I, , 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, 1971, and I hereby certify that I am qualified to hold such office, if elected. Signed by Applicant -4- THE STATE OF TEXAS COUNTY OF HARRIS , being duly sworn, deposes and says that the statements contained in the foregoing application are true. Signed by Applicant Subscribed and sworn to before me at Baytown, Texas, this day of 1971. jSEAQ Notary Public in and for Harris County, Texas" {b} The form of sworn application for candidates for the office of Mayor shall be substantially as follows: "To the Mayor of the City of Baytown, Texas, Greetings: is , do hereby make application to have my name printed on the official ballot as an in- dependent candidate for the office of Mayor to be elected from the City at large and to be voted upon at the City Election to be held on the 5th day of April, 1971, and I hereby certify that I am qualified to hold such office, if elected. Signed by Applicant THE STATE OF TEXAS COUNTY OF HARRIS , being duly sworn, deposes and says that the statements contained in the foregoing application are true. Signea by Applicant Subscribed and sworn to before me at Baytown, Texas, this day of 1971. [S E A Q Notary Public in and for Harris County, Texas" -5- (c) Such sworn application may be accompanied with a petition signed by a qualified elector, although such petition is not required. (d) Such sworn application for candidates for the office of Councilman shall be accompanied with an executed copy of the "Loyalty Affidavit" as required by the Election Laws of Texas, in substantially the following form: "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 Subscribed and sworn to before me, at Baytown, Texas, this day of ESEAQ , 1971. otary Public in and for Harris County, Texas" (e) Such sworn application for candidates for the office of Mayor shall be accompanied with an executed copy of the "Loyalty Affidavit" as required by the Texas Election Code of 1951, in substantially the following form: "I of the City of Baytown, County of Harris, State of Texas, being a candidate for the office of Mayor, 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 Im 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 the State of Texas. Candidate's Signature Subscribed and sworn to before me, at Baytown, Texas, this day of , 1971. [S EA L] Notary Public in and for Harris County, Texas" Section 8: That the form of the ballot for said election shall be substantially as follows: OFFICIAL BALLOT FOR MAYOR FROM THE CITY AT LARGE) FOR COUNCILMAN DISTRICT NO. TWO Section 9: That the names of 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 conspicious place at the City Hall for the inspection of the public for at least ten (10) 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 (5) days after such posting, by written notice filed with the City Clerk, set- ting forth the objections. In case no such objection is filed within the time prescribed, the regularity or validity of the application of any per- son whose name is so posted, shall be thereafter contested. The City Clerk shall preserve in her office, for a period of two (2) years, all applications, notice of objections and other related papers. -7- FOR COUNCILMAN DISTRICT NO. THREE FOR COUNCILMAN DISTRICT NO. SIX Section 9: That the names of 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 conspicious place at the City Hall for the inspection of the public for at least ten (10) 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 (5) days after such posting, by written notice filed with the City Clerk, set- ting forth the objections. In case no such objection is filed within the time prescribed, the regularity or validity of the application of any per- son whose name is so posted, shall be thereafter contested. The City Clerk shall preserve in her office, for a period of two (2) years, all applications, notice of objections and other related papers. -7- Section 10: That any person eligible to the office of Councilman or Mayor, who has filed his sworn application in accordance with the pro- visions of this ordinance shall have his name printed on the official ballot. Any such person may cause his name to be withdrawn at any time before the official ballots are 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 later than twenty (20) days before the date of the Election, the City Clerk shall have the official ballot 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's General Election, shall be entitled to an official ballot and the right to cast such ballot in accordance with the provisions of the Texas Election Code of 1951, as amended. Section 12: The Chief of Police is hereby 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 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 no later than thirty (30) full days prior to the date of said Election. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, Texas, on this 28th day of January, 1971. C. GLEN WALKER, Mayor ATTEST: EDNA OLIVER, City Clerk AP ROVED: WILLIAM R. LAUGHLIN, City attorney