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Ordinance No. 1,533ORDINANCE NO.1533 AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 2NDDAY OF APRIL,1974,FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN ROM THE RESPECTIVE DISTRICTS NOS.ONE (1),FOUR (4) AND FIVE (5);PROVIDING FOR ELECTION OFFICERS;DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION;PRESCRIBING THE HOURS;PROVIDING FOR A CANVASSING BOARD FOR ABSENTEE BALLOTS; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Pursuant to Article II,Section 12,of the Charter of the CityofBaytown, providing for the manner of election and the term of office of the members of the City Council of the Cityof Baytown. BEIT ORDAINED BY THE CITY COUNCIL OF THE CITY OFBAYTOWN,TEXAS: Section 1:That the regular Municipal Electionof the City of Baytown,pre scribed 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 2nd day of April,1974,in said City for the purpose of electing the following members of the CityCouncil: Councilman from District No.One; Councilman from District No.Four;and Councilman from District No.Five. Section 2:That said City is hereby divided into Election Precincts and their polling places will be and election officials shall be,forthe purpose of this Election as follows: PRECINCT NO.POLLING PLACE OFFICIALS No.12 Alamo Elem.School Bill G.Rogers Judge &Presiding Officer C.C.Laugh!in Assistant Judge Mrs.Bill Rogers Assistant Judge /S No.13 David G.Burnet Elem.Irving St.John Judge &Presiding Officer Mrs.Dorothy St.John Assistant Judge W.P.Smith Assistant Judge No.99 Lingo Oldsmobile Jack G.Hester Judge &Presiding Officer Mrs.Jack Assistant Mrs.C.W. G.Hester Judge Grantham Assistant Judge No.100 AshbelSmith School W.0.Tidmon Judge &Presiding Officer Mrs.W.0.Tidmon Assistant Judge Mrs.E.R.Rutiedqe Assistant Judge No.101 Horace Mann Jr.High Mrs.S.V.Robberson Judge &Presiding Officer Mrs.G.E. Assistant Mrs.B,B, Dabnev Judge Elliott,Sr. Assistant Judge -2- No.102 Baytown Junior High A.Contreras Judge &Presiding Officer -3- Mrs.Namie Katribe Assistant Judge Mrs;J.W.Sprayberry Assistant Judge No.149 San Jacinto El em.Mrs.Margie Kloesel Judge &Presiding Officer Mrs.Fred Marti,Jr. Assistant Judge T.Trent Assistant Judge No.165 Travis El em.School J.Rodger Read Judge &Presiding Officer J.R.McChesney,Jr. Assistant Judge Louise Whitten Assistant Judge No.248 Carver-Jones Elem.School Mrs.Hoodrow W.Lewis Judge &Presiding Officer Mrs.Johanna Wilson Assistant Judge Mrs.Virqie Devereaux Assistant Judge No.249 James Bowie El em.Wayne McClurq Judge &Presiding Officer Mrs.Wayne McClurq Assistant Judge Mrs.Bonnie Woods Assistant Judge No.396 Stephin F.Austin Mrs.SandraBoothe Judge &Presiding Officer Mrs.ClaudeTompkins Assistant Judge Mrs.H.M.Hunt Assistant Judge No.414 Cedar Bayou El em.Charles M.Albright Judge &Presiding Officer Robert L.Gold Assistant Judge Mrs.Charles Albright 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 elections the Mayor,City Clerk or the City Council shall do and perform each act asin other elections required tobe 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 shallbe issued and posted atthe polling places not later than thirty (30)days before the date of said Election. -4- Section 4:That one Councilman shall be elected from each of the re spective Districts Numbers One (1),Four (4)and Five (5)of the City of Baytown by a majority vote of the City atlarge;that said Districts areand shall be es tablished,defined and outlined in the report of the Commission appointed by the City Council forthe purpose ofdividing the City of Baytown into six 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 been amended.Each Councilman so elected shall be a bona fide resident of the District represented by him;District Two (2),Three (3)and Six (6),as established in the aforementioned reportofsaid Commission,are represented by three holdover Councilmen andnone shall be elected at this Election from thosethree Districts. Said three Councilmen to be elected at this election shall hold office for a period of two years.There shall be no Election for Mayor untilthe year 1975 under the Charter of the City of Baytown. 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 qualified voters of the State of Texas;shall have resided for at least six months next preceding the Election 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 asan independent candidate for the office of Councilman from his respective district filing his sworn application with the Mayor of the City of Baytown at least thirty (30)days prior tothe date of this election.The applicants shall state the specific office or place being sought bythe 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. -5- Section 7:(a)The form of the sworn application for candidates 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 forthe office of Councilman representing District No. to be voted upon at the City Election to be held on the 2nd day of April,1974,and I hereby certify that I am qualified to hold such office,if elected. Signed by Applicant THE STATE OF TEXAS J COUNTY OF HARRIS 5 _,being duly sworn,deposes and says that the statements contained in the foregoing application are true. Signed by Applicant Subscribed and sworn to before meat Baytown,Texas,this day of ,1974. NOTARYPUBLIC IN AND FOR HARRIS COUNTY (NOTARY SEAL)TEXAS" (b)Such sworn application may be accompanied with a petition signed by qualified electors,although such petition is not required. (c)Such sworn applications for candidates for the office of Councilman shallbe accompanied with an executed copy of the "Loyalty Affidavit" as required by the Election Laws ofTexas,in substantially the following form: -6- "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 pre sent 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 Con stitution and Laws of the United States and of the State of Texas. Candi date's Si gnature Subscribed and sworn to before me,at Baytown,Texas,this day of ,1974.~~ (NOTARY SEAL) NOTARY PUBLIC IN AND FOR HARRISCOUNTY TEXAS" Section 8:That the form of the ballot for said Election shall be sub stantially as follows: OFFICIAL BALLOT FOR COUNCILMAN DISTRICT NO.1 FOR COUNCILMAN DISTRICT NO.4 FOR COUNCILMAN DISTRICT NO.5 Section 9:That the names of those who have filedtheir sworn applications to have their names printed on the official ballot as candidates shall be posted by the City Clerk in a conspicuous place atthe City Hall for the inspection of the public for at least ten (10)days before sheorders the ballots to be printed. -7- All objections to the regularity or validityof the application of any person shall be made within five (5)days after such posting,by written notice filed with the City Clerk,setting forth the objections.In case no such objection is filed within the time prescribed,the regularity or validity of the application of any person 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. Section 10:That any person eligible to the office of Councilman who has filed his own sworn application in accordance with the provisions 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 names so withdrawn shall be printed on the ballot.No later then twenty 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 tobe absent on the day of the City's General Election,shall be en titled 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 Mayor Pro Tern is hereby designated as the member of the City Council to canvass the voting machine used in absentee voting,together with the Mayor and City Clerk as provided for in Article 7.14,Section 7,of the Election Code,Vernon's Annotated Civil Statutes. Section 13:The Chiefof Police is hereby directed to post a properly executed copy of the ElectionProclamation and Notice at each Polling Place within the City,said Notice shall be postednot 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 news paper of general circulation within said City;said publication tobe made no later than thirty (30)full days prior to the date of said Election. -8- INTRODUCED,READ and PASSED by the affirmative vote of the City Council of the City of Baytown,Texas,this 24th day of January,1974. >^7T?Vt--^ ATTEST: EDNA OLIVER,City Clerk APPROVED: "OH GENTRY,Mayor ,City Attorney -9-