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Ordinance No. 2,86600410 -1 ORDINANCE NO. 2866 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD THE 22ND DAY OF APRIL, 1980, FOR THE PURPOSE OF ELECTING A COUNCILMAN FROM DISTRICT NO. ONE (1); 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 the 5th day of April, 1980, the Regular Municipal Election of the City of Baytown was held in said City for the purpose of electing three Councilmen from the respective Districts Nos. 1, 4, and 5, and the returns of said Election having been duly made by the Election officials and the City Council having canvassed said returns and determined the results of said Election on this 10th day of April, 1980; and WHEREAS, it is determined from the canvassing of said returns that no candidate for Councilman from District No. One (1) received a majority of the votes cast at the regular election for the office of which they were candidates, and accordingly, pursuant to Section 94 of Article IX of the Charter of the City of Baytown, it is the duty of the City Council to order a Special Election for the purpose of submitting to a vote of the qualified voters of said City, the names of the two eligible candidates receiving the highest number of votes at the regular election for the office of Councilman from District No. One (1) in order that the voters may designate and elect one of the two candidates from District No. One (1) as Councilman; and WHEREAS, in ordering such Special Election, it is the duty of the City Council to determine the eligibility of the candidates whose names are to appear on the ballot for said election; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: 00410 -1a Section 1: That the City Council of the City of Baytown hereby finds, determines, and declares that as determined by the canvass of the election returns this day accomplished by the City Council, the two eligible candidates receiving the highest number of votes for the office of Councilman from District No. One (1) are Francis Portis and Perry M. Simmons, to wit: FOR COUNCILMAN DISTRICT NO. 1 FRANCIS PORTIS PERRY M. SIMMONS Section 2: That a Special Election of the City of Baytown, as provided in Section 94, Article IX of the Charter of said City, shall be held between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m. on the 22nd day of April, 1980, in said City for the purpose of electing a Councilman from District No. One (1) from the candidates listed as follows: FOR COUNCILMAN DISTRICT NO. 1 FRANCIS PORTIS PERRY M. SIMMONS Section 3: That said City is hereby divided into Election Precincts and their polling places will be for the purpose of the election, as follows: Election precinct 12: Election precinct 13: Election precinct 28: Election precinct 96: Election precinct 99: Election precinct 100: Election Election Election Election Election Election Election Election precinct 101: precinct 102: precinct 149: precinct 165: precinct 248: precinct 249: precinct 386: precinct 414: -2- Alamo Elementary School David G. Burnet Elementary School. Pumphrey Elementary School Pumphrey Elementary School Dutch Holland Oldsmobile Ashbel Smith Elementary School Horace Mann Junior School Baytown Junior School San Jacinto Elementary School William B. Travis Elementary School Carver -Jones Elementary School James Bowie Elementary School Stephen F. Austin Elementary School Cedar Bayou Junior School 00410 -1b Section 4: That this Election shall be held in accordance with and shall be governed by the Election Laws of the State of Texas. That the form of said ballot shall be substantially as follows: OFFICIAL BALLOT FOR COUNCILMAN FROM DISTRICT NO. 1 PERRY M. SIMMONS FRANCIS PORTIS Section 5: 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. 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. Section 6: The Mayor Pro Tem 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 Texas Election Code. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, Texas, on this 10th day of April, 1980. ATTEST: TILEEN P. HALL, City Clerk APPROVED: _ SCOTT BOUNDS',-City Attorney ze e'e, f -- fVM—ETT 0. HUTTO, Mayor -3-