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Ordinance No. 2,424IWO ORDINANCE NO. 2424 80223 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, FINDING THAT AN EMERGENCY SITUATION EXISTS; AMENDING ORDINANCE NO. 2396 TO INCLUDE THE POSITION OF MAYOR FROM THE CITY AT LARGE; ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 1ST DAY OF APRIL, 1978, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NUMBERS ONE (1), FOUR (4), AND FIVE (5), AND THE ELECTION OF A MAYOR FROM THE CITY AT LARGE; 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. WHEREAS, on January 26, 1978, the City Council passed Ordinance No. 2396 ordering the Municipal Election to be held on the 1st day of April, 1978, for the purpose of electing three (3) councilmen from the respective Districts Numbers 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; and WHEREAS, Tuesday, February 22, 1978, Mayor Tom Gentry resigned from office effective April 10, 1978; and WHEREAS, Article 4.09 of the Election Code requires that upon such a resignation, an election shall be ordered immediately to elect a successor to the incumbent to fill the term of office unexpired from and after the effective date of the resignation; and WHEREAS, the filing deadline on the election already ordered by Council is midnight March 1, 1978; and WHEREAS, considering the above, the City Council of the City of Baytown finds that an emergency situation exists; NOW THEREFORE, 80223 -14a r" Pursuant to Article II, Section 12, of the Charter of the City of Baytown and the Texas Election Code, 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, that pursuant to Section 9b of the Texas Election Code, shall be held between the hours of seven (7:00) o'clock a.m. and seven (7:00) o'clock p.m. on the 1st day of April, 1978, in said City for the purpose of electing the following members of the City Council: Councilman from District No. One; Councilman from District No. Four; Councilman from District No. Five; 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. POLLING PLACE OFFICIALS NO. 12 Alamo Elementary Bill G. Rogers Judge & Presiding Officer C. C. Laughlin Alternate Judge NO. 13 David G. Burnet Al Rieck Elementary Judge & Presiding Officer Mrs. Blanche Rieck Alternate Judge NO. 28 Pumphrey Elementary J. F. McChesney, Jr. Judge & Presiding Officei John L. Priddy Alternate Judge -2- W 80223- PRECINCT NO. POLLING PLACE OFFICIALS NO. 99 Dutch Holland Jack G. Hester Oldsmobile Judge & Presiding Officer 011ie Tate Alternate Judge NO. 100 Ashbel Smith W. 0. Tidmon Elementary Judge & Presiding Officer Mrs. W. 0. Tidmon Alternate Judge NO. 101 Horace Mann Junior Mrs. S. V. Robberson Judge & Presiding Officer Mrs. Pansy Dabney Alternate Judge NO. 102 Baytown Junior A. Contreras Judge & Presiding Officer Mrs. J. W. Sprayberry Alternate Judge NO. 149 San Jacinto Mrs. Fred J. Marti Elementary Judge & Presiding Officer Mrs. Tony Alaniz Alternate Judge NO. 165 Travis Elementary J. Rodger Read Judge & Presiding Officer Troy E. Peterson Alternate Judge NO. 248 Carver -Jones Airs. Woodrow W. Lewis Elementary Judge & Presiding Officer Mrs. Johanna Wilson Alternate Judge NO. 249 James Bowie Elementary Wayne McClurg _ Judge & Presiding Officer M. J. Stein Alternate Judge -3- ia 80223- c PRECINCT NO. POLLING PLACE OFFICIALS NO. 386 Stephen F. Austin Elementary NO. 414 Cedar Bayou Junior Mrs. Sandra Miks Judge & Presiding Officer Mrs. Claude Tompkins Alternate Judge Charles M. Albright Judge & Presiding Officer Mrs. Charles Albright Alternate Judge Section 3: That this Election shall be held in accor- dance 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, respec- tively, by the County Judge, the County Clerk on the Commis- sioners' 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 respective Districts Numbers One (1), Four (4), and Five (5), 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 Districts of approxi- mately 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 -4- bd 80223d District represented by him; District Two (2), Three (3) and Six (6), as established in the aforementioned report of said Commission and as thereafter amended, are represented by three holdover Councilmen and none shall be elected at this Election from those three Districts. Said three Councilmen to be elected at this Election shall hold office for a period of two years. The Mayor shall hold office for a period of one year. Section 5: That the qualifications of the members of the City Council shall be as follows: The Mayor and each of 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 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 application with the Mayor of the City of Baytown at least thirty (30) days prior to the date of this Election. The applicants 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 candidates for the office of Councilman shall be substan- tially as follows: -5- 1W 80223 e "To the Mayor of the City of Baytown, Texas: I, , hereby make appli- cation to have my name printed on the official ballot as an independent candidate for the office of Council- man representing District No. to be voted upon at the City Election to be held on the lst day of April, 1978, and I hereby certify that I am qualified to hold such office, if elected. Signed by Applicant THE STATE OF TEXAS 0 COUNTY OF HARRIS 0 , being duly sworn, deposes and says that the statements contained in the foregoing appli- cation are true. Signed by Applicant Subscribed and sworn to before me at Baytown, Texas, this day of , 1978. NOTARY PUBLIC IN AND FOR HARRIS COUNTY (NOTARY SEAL) T E X A S (b) Such sworn application may be accomplished with a petition signed by qualified electors, although such petition is not required. (c) Such sworn applications 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 County of Harris, State of Texas, being a candidate for the office of Councilman, do solemnly swear that, if elected, I will support and defend the Constitution and laws of the United States and of the State of Texas. Candidate's Signature im 80223 - f W Subscribed and sworn to before me, at Baytown, Texas, this day of , 1978• NOTARY PUBLIC IN AND FOR HARRIS COUNTY (NOTARY SEAL) T E X A S (d) The form of the sworn application for candidates for the office of Mayor 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 Mayor to be elected from the City at large and to be voted upon at the City Election to be held on the 1st day of April, 1978, and I hereby certify that I am qualified to hold such office, if elected. Signed by Applicant THE STATE OF TEXAS 0 COUNTY OF HARRIS 4 , being duly sworn, deposes and says that the statements contained in the foregoing applica- tion are true. Signed by Applicant Subscribed and sworn to before me at Baytown, Texas, this day of , 1978. NOTARY PUBLIC IN AND FOR HARRIS COUNTY (NOTARY SEAL) T E X A S (e) Such sworn application may be accompanied with a petition signed by qualified electors, although such petition is not required. (f) Such sworn applications for candidates for the office of Mayor shall be accompanied with an executed -7- W 80223 -14g copy of the "Loyalty Affidavit" as required by the Election Laws of Texas, in substantially the following form: "I, , of the County of Harris, State of Texas, being a candidate for the office of Mayor, do solemnly swear that, if elected, 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 , 1978. NOTARY PUBLIC IN AND FOR HARRIS COUNTY (NOTARY SEAL) T E X A S 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. ONE FOR COUNCILMAN DISTRICT NO. FOUR FOR COUNCILMAN DISTRICT NO. FIVE Section 9: That the names of those who have filed their sworn applications to have their names printed on the am 80 22 3- 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 (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, setting forth the objections. In case no such objection is filed within the time prescribed, the regularity or validity of the appli- cation of any person whose name is so posted, shall not be thereafter contested. The City Clerk shall preserve in her office, for a period of at least two (2) years, all appli- cations, notice of objections and other related papers. Section 10: That any person eligible to the office of Councilman or Mayor 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 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 Mayor Pro Tem is hereby designated as the member of the City Council to canvass the voting machine so 80223 -14i 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 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 twenty (20) 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 twenty -five (25) full days prior to the date of said Election. Section 14: Effective Date: This ordinance shall take effect from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, Texas, this 23rd day of February , 1978. TOM GENTRY, ayor - ATTEST: EILEEN P. HALL, City Clerk - APPROVED: F� - <�6w OTT OUNDS, City Attorney -10-