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Ordinance No. 5,24389]313 -1 ORDINANCE NO. 5243 AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 20TH DAY OF MAY 1989, FOR THE PURPOSE OF ELECTING FIVE (5) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. ONE (1), TWO (2), THREE (3), FOUR (4), AND FIVE (5); ELECTING ONE COUNCILMAN FROM THE CITY AT LARGE, AND A MAYOR FROM THE CITY AT LARGE; PROVIDING FOR THE ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN ABSENTEE BALLOT BOARD FOR ABSENTEE BALLOTS; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Pursuant to Article II, Section 12, of the Charter of the City of Baytown, the Texas Election Code, and the Agreed Order for Interim Elections in Campos, et al vs. City of Baytown, et al, 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, and pursuant to Sections 41.001 and 41.031 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 20th day of May, 1989, in said City for the purpose of electing the following members of the City Council: Councilman Councilman Councilman Councilman Councilman Councilman Mayor at 1 from from from from f rom At L. arge District District District District District arge; and No. One; No. Two; No. Three; No. Four; No. Five; Section 2: That said City is hereby divided into Election Precincts and their polling places shall be and election officials shall be, for the purpose of this election as follows: PRECINCT NO. POLLING PLACE OFFICIALS NO. 12 YMCA Ken Donovan Judge & Presiding Officer Marge Hartrick Alternate Judge NO. 13 Westminister A. L. Rieck Presbyterian Judge & Presiding Church Officer Blanche Rieck Alternate Judge NO. 28 Pumphrey Elementary Jo Ann York Judge & Presiding Officer John L. Priddy _ Alternate Judge NO. 99 Lamar Elementary Gerald Dickens Judge & Presiding Officer H. H. Nitschmann Alternate Judge NO. 100 Ashbel Smith Steve Fischer Elementary Judge & Presiding Officer Kathy Fischer Alternate Judge NO. 101 Horace Mann Junior Lou Venia Robberson Judge & Presiding Officer S. V. Robberson Alternate Judge NO. 102 Baytown Employees Remigio J. Garcia__ Federation Bldg. Judge & Presiding (Next to Brunson Officer Food Market.) Mike Munoz Alternate Judge NO. 149 San Jacinto Mar ie Kloesel Elementary Judge & Presiding Officer Clara Marti Alternate Judge NO. 165 Travis Elementary Troy-E.-Peterson Judge & Presiding Officer 2 - Mary Hiebert Alternate Judge NO. 248 Carver -Jones Atriss Lewis Elementary Judge & Presiding Officer Willene Rideau Alternate Judge NO. 249 Redeemer Lutheran Philip D. Prater Church Judge & Presiding Officer JoAnn Prater Alternate Judge No. 386 Stephen F. Austin Greg Garrett Elementary Judge & Presiding Officer Becky Guest__ Alternate Judge NO. 414 Cedar Bayou Charles M. Albright Junior Judge & Presiding Officer Mary Albright Alternate Judge NO. 456 and Harris County Ed Frazier that part of Courthouse Annex Judge & Presiding Harris County No. 8, 701 Baker Officer Precinct #96 Road inside the city Ann Frazier limits Alternate Judge NO. 532 James Bowie John R. McMillion Elementary Judge & Presiding Officer Ruben DeHo os Alternate Judge NO. 533 Alamo Elementary Bambi Rios Judge & Presiding Officer Jeanette Isaacks Alternate Judge Section 3: That this election shall be held in accordance with, and shall be governed by, the election laws of the State of - 3 - Texas, except where otherwise directed by the Court in its above described order. In all City elections, the Mayor and City Clerk of the City Council shall do and perform each act as in other elections required to be done and performed, respectively, by the County Judge and the County Clerk of the Commissioners' Court. The notice of proclamation of this and all other City elections shall be issued and posted on the bulletin board used for posting notices of meetings not later than the twenty -first (21st) day before the date of said election. Section 4: That one Councilman shall be elected from each of the respective Districts Nos. One (1), Two (2), Three (3), Four (4), and Five (5), by a majority vote, that said districts are as established, defined and outlined in the Agreed Order for Interim Elections in Campos, et al vs. City of Baytown, et al, Cause No. H -85 -1021, In the U. S. District Court for the Southern District of Texas, Houston Division, which divided the City of Baytown into five (5) districts of approximately equal population. Each Councilman elected from a district shall be a bona fide resident of the district represented by him. One Councilman shall be at large by a majority vote and a Mayor for the City shall be elected at large by majority vote. Section 5: That the qualifications of the members of the City Council shall be as follows: The Mayor and each of the six (6) 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 (6) months next preceding the election within the corporate limits of Baytown for at large positions and shall have resided for at least six (6) months next preceding the election within the district from which they were elected for the district positions; shall not be in arrears in the payment of any taxes or other liability due the City; and shall meet such other requirements as set forth in Section 141.001 of the Texas Election Code. 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 or for the office of Councilman at large, by filing his sworn application with the Mayor of the City of Baytown no later than April 21, 1989. The form of the sworn application for the candidates for the office of Councilman shall be as set forth by Section 141.031 of the Texas Election Code. - 4 - Section 7: That the form of the ballot for said election shall be substantially as follows: OFFICIAL BALLOT FOR MAYOR AT LARGE FOR COUNCILMAN AT LARGE FOR COUNCILMAN DISTRICT NO. (Appropriate District No. to be completed for each ballot) Section 8: That any person eligible for 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 anytime before the official ballots are actually printed by filing, in writing, with the Mayor, 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 9: Each qualified voter who desires to cast an absentee vote shall be entitled to an official ballot and the right to cast such ballot in accordance with the provisions of the Texas Election Code. Section 10: The City Council Chamber and Conference Room area in City Hall of the City of Baytown, 2401 Market Street is hereby established as the Central Counting Station to receive and tabulate voted ballots. The City Clerk is hereby appointed Manager of the Central Counting Station and also Tabulation Supervisor. Rayborn Johnson is hereby appointed Presiding Judge for the Central Counting Station. Section 11: There is hereby created an Absentee Ballot Board which shall count all absentee ballots. Rayborn Johnson is hereby appointed Presiding Judge of the Absentee Ballot Board. - 5 - Section 12: 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 earlier than the thirtieth (30th) day or later than the tenth (10th) day prior to the date of said election. SECTION 13: Ordinance Number 5196, approved on February 9, 1989, is hereby repealed. Section 14: This ordinance shall take effect immediately 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, on this the 4th day of April, 1989. EMMETT 0. 1iUTTO, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED: RANDALL B. S BONG, y Attorney 5:1:5:15 - 6 -