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Ordinance No. 3,32920225 -1 ORDINANCE NO. 3329 AN ORDINANCE REPEALING ORDINANCE NO. 3308; ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 3RD DAY OF APRIL, 1982, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. ONE (1),FOUR (4) AND FIVE (5); PROVIDING FOR THE ELECTION OFFICERS; DESIGNAT- ING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. WHEREAS, action taken by the Justice Department of the United States has overturned the redistricting of the State of Texas, and WHEREAS, the voting precinct lines which were to be used in the upcoming municipal election were based on the newly drawn legislative lines that have been overturned; and WHEREAS, Harris County is now unable to provide new election precincts for the upcoming election, and WHEREAS, the City Council of the City of Baytown has determined that the municipal election scheduled for April 3, 1982 should be conducted using the election precincts that were used for the 1981 Municipal Election. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Ordinance No. 3308 is hereby repealed and declared to be of no further force or effect. Section 2: 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 Article 2.01 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 3rd day of April, 1982, in said City for the purpose of electing the following members of the City Council: 20225 -1a Councilman from District No. One; Councilman from District No. Four; and Councilman from District No. Five. Section 3: 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 NO. 12 Alamo Elementary NO. 13 Scout House 6106 Bayway Drive Behind Wooster Fire Station NO. 28 and a portion of NO. 96 NO. 99 NO. 100 NO. 101 Pumphrey Elementary Lamar Elementary OFFICIALS Ken Donovan Judge & Presiding Officer Monte G'Sell Alternate Judge Al Rieck Judge & Presiding Officer Mrs. Blanche Riek Alternate Judge J. F. McChesney, Jr. Judge & Presiding Officer John L. Priddy Alternate Judge Gerald Dickens Judge & Presiding Officer Jack Hester Alternate Judge Ashbel Smith W. 0. Tidmon Elementary Judge & Presiding Officer Mrs. W. 0. Tidmon Alternate Judge Horace Mann Jr. NO. 102 Baytown Employees Federation Bldg. (next to Brunson Food Market) NO. 149. San Jacinto Elementary -2- Mrs. S.V. Robberson Judge & Presiding Officer Mr. S.V. Robberson Alternate Judge Andres Contreras Judge & Presiding Officer Mrs. b.larie Gainer Alternate Judge Mrs. Marjie Kloesel Judge & Presiding Officer Mrs. Fred J. Morti Alternate Judge 20225 -1b PRECINCT NO. POLLING PLACE OFFICIALS NO. 165 Travis Elementary Troy E.Peterson Judge & Presiding Officer Mrs. Peary Hiebert Alternate Judge NO. 248 Carver Jones Mrs. Woodrow W. Lewis Elementary Judge & Presiding Officer Mrs. Johanna Wilson Alternate Judge NO. 249 James Bowie Wilyne Laughlin Elementary Judge & Presiding Officer Ronald McLeod Alternate Judge NO. 386 Stephen F. Austin Mrs. Henry P4. Hunt Elementary Judge & Presiding Officer Mr. henry M. Hunt Alternate Judge NO. 414 Cedar Bayou Junior Charles M. Albright Judge & Presiding Officer Mrs. Charles M. Albright Alternate Judge NO. 456 Harris County Joy A. Rails Courthouse Annex Judge & Presiding Officer Sandra Northcutt Alternate Judge The above listed precincts being those as used in the April 1981 municipal election. 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. -3- 20225 -1c Section 4: That one Councilman shall be elected from each of the respective Districts Taos. One (1), Four (4) and Five (5), of the City of Baytown 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 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 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. 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 American and qualified voters of the State of Texas; shall have resided for at least six (6) 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 indepen- dent candidate for the office of Councilman from his respec- tive 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 -4- 20225 -1d 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 of Councilman shall be substantially as follows: "To the Mayor of the City of Baytown, Texas, Greetings: I, application to have my name printed on ballot as an independent candidate for Councilman representing District No. upon at the City election to be held o April, 1982, and I hereby certify that to hold such office, if elected. THE STATE OF TEXAS COUNTY OF HARRIS , hereby make the official the office of to be voted a the 3rd day of I am qualified Signed by Applicant , 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, on this the day of , 1982. NOTARY PUBLIC IN AND FOR HARRIS COUNTY, T E X A S (NOTARY SEAL) (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 shall be accompanied with an executed copy of the "Loyalty Affidavit" as required by the Election Laws of Texas, in substantially the following form: -5- 20225 -le Tli , 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 SUBSCRIBED AND SWORN TO BEFORE ME at Baytown, Texas, this the day of , 1982. NOTARY PUBLIC IN AND FOR HARRIS COUNTY, T E X A S (NOTARY SEAL) Section 8: That the form of the ballot for said election shall be substantially as follows: OFFICIAL BALLOT 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 official ballot as candidates shall. be posted by the City Clerk in a conspicuous place at the City Hall for the inspec- tion 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 -6- 20225 -1f 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 not 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 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 case 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 -7- 20225 -1g not more than twenty -five (25) days nor less than ten (10) 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, this the 25th d, -,y of February , 1982. `Cvi lit /% r _-Iw r • a ATTEST: 1 EILEEN P. HALL, City Clerk APPROVED: RANDALL B. ST ONG, C' Attorney