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Ordinance No. 9,985ORDINANCE NO. 9985 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 7TH DAY OF MAY, 2005, FOR THE PURPOSES OF ELECTING THREE COUNCILMEMBERS FROM DISTRICT NOS. ONE, TWO AND THREE; ESTABLISHING A DATE FOR A RUNOFF ELECTION; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY VOTING BALLOT BOARD FOR EARLY BALLOTS; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. WHEREAS, pursuant to Article 11, Section 12 of the Charter of the City of Baytown, Texas, Ordinance No. 9488, the Texas Election Code and the Order of the Court in Ca,npos, et al. v. 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, the City Council herein calls its municipal election to be held on the 7`h day of May, 2005; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: That the regular municipal election of the City of Baytown, as prescribed in Article II, Section 12 of the 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 o'clock a.m. and seven o'clock p.m. on the 7`h day of May, 2005, in the City of Baytown, Texas, for the purpose of electing the following members of the City Council: Councilmember from District No. One; Councilmember from District No. Two; and Councilmember from District No. Three. Section 2: That one Councilmember shall be elected from each of the following Election Districts: District No. One, District No. Two, and District No. Three, by a majority vote, that said districts are as established, defined and outlined in Ordinance No. 9488, and subsequent ordinances adding newly annexed territories to the proper council districts. Each Councilmember elected from a district shall be a bona fide resident of the district to be represented. Section 3: That the qualifications of the members of the City Council shall be as follows: :7 U OFFICE QUALIFICATIONS No. 13 • shall be a citizen of the United States of America; (Consisting of that portion of Harris County Voting • shall be a qualified voter of the State of Texas; Councilmember . shall have resided for at least six months next preceding the election within the district from No. 28 which he /she was elected; and (Consisting of that portion of Harris County Voting • shall meet such other requirements as set forth in Chapter 141 of the Texas Election Code. Section 4: That any eligible and qualified person may have his/her name printed upon the official ballot as an independent candidate for the office of Councilmember from his/her respective district by filing a sworn application with the Mayor of the City of Baytown no later than March 7, 2005. The form of the sworn application for the candidates for the office of Councilmember shall be as set forth by Section 141.031 of the Texas Election Code. Section 5: That the form of the ballot for said election shall be substantially as follows: OFFICIAL BALLOT FOR COUNCILMEMBER DISTRICT NO. (Appropriate District No. to be completed for each ballot) Section 6: That any person eligible for the office of Councilmember who has filed his/her own sworn application in accordance with the provisions of this ordinance shall have his /her name printed on the official ballot. On or before March 15, 2005, any such person may cause his /her name to be withdrawn by filing, in writing, with the Mayor, a request to that effect over his/her own signature, duly attested to by a Notary Public. No names so withdrawn shall be printed on the ballot. No later than seventeen (17) days before the date of the election, the City Clerk shall have the official ballot printed. Section 7: That should a runoff election be necessary, the runoff election, pursuant to Sections 41.001 and 41.031 of the Texas Election Code, shall be held between the hours of seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m. on the 11`h day of June, 2005, in the City of Baytown, Texas. Section 8: That the City is hereby divided into Election Precincts, having the following polling places for the purpose of the elections ordered herein: PRECINCT NO. POLLING PLACE No. 13 William B. Travis Elementary School (Consisting of that portion of Harris County Voting 100 Robin Road Precinct No. 13 within the City — Districts 1 and 3) Baytown, Texas No. 28 Jessie Lee Pumphrey Elementary (Consisting of that portion of Harris County Voting 4901 Fairway Drive Precinct Nos. 28 and 739 within the City -- Districts I Baytown, Texas 2 • 0 PRECINCT NO. POLLING PLACE and 3) No. 99 Sterling Municipal Library (Consisting of that portion of Harris County Voting Mary Elizabeth Wilbanks Avenue Precinct No. 99 within the City — Districts 1 and 2) Baytown, Texas No. 100 St. John's Methodist Church (Consisting of that portion of Harris County Voting 501 S. Alexander Drive Precinct No. 100 within the City — Districts 1 and 2) Baytown, Texas No. 102 San Jacinto Elementary (Consisting of that portion of Harris County Voting 2615 Virginia Precinct No. 102 within the City — District 1) Baytown, Texas No. 248 Carver Elementary School (Consisting of that portion of Harris County Voting 600 Pruett Precinct No. 248 within the City — Districts I and 2) Baytown, Texas No. 96 Ross S. Sterling High School (Consisting of that portion of Harris County Voting 300 W. Baker Precinct Nos. 96 and 103 within the City — District 3 ) Baytown, Texas Section 9: Each qualified voter who desires to cast an early 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. Early voting will be conducted in the City Council Chamber of the City Hall of the City of Baytown, located at 2401 Market Street. The City Clerk is hereby appointed the early voting clerk. Section 10: That the regular municipal election shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. In the City election, the Mayor and the City Clerk of the City Council shall do and perform each act as 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 election shall be issued and posted on the bulletin board used for posting notices of meetings not later than the twenty-first (21s) day before the date of the election ordered herein. Section 11: The Board Conference Room of the Administration Building of the Goose Creek Consolidated Independent School District, located at 4544 Interstate 10 East, is hereby established as the Central Counting Station to receive and tabulate voted ballots. However, should the Goose Creek Consolidated School District not hold an election on the 7`h day of May, 2005, the Council Chambers and Hullum Conference Room of the City Hall of the City of Baytown, located at 2401 Market Street, shall be 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. Leatha Whitaker is hereby appointed Presiding Judge for the Central Counting Station. Section 12: There is hereby created an Early Voting Ballot Board which shall process early voting results. Leatha Whitaker is hereby appointed Presiding Judge of the Early Voting Ballot Board. 3 Section 13: The Mayor is hereby directed to give notice of said elections by publishing a copy of the Election Proclamation and Notice in a newspaper of general circulation within the City of Baytown, Texas; said publication to be made no earlier than the 30`h day or later than the tenth day prior to the date of said elections. Section 14: In all matters relating to the ordering, giving notice, and holding the elections, the City shall comply with the applicable parts of the Texas Election Code, including particularly Chapter 272 of the Texas Election Code pertaining to bilingual requirements, and the Federal Voting Rights Act of 1965, as amended. Section 15: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown on this the 27th day of January, 2005. CALVIN MUNDINGER, Mayor ATTEST: m� G ..R W. SMIT H, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., Attorney ® RAKaren \Files \City Council\Ordinances\2005\January 27\ CallingMunicipa lElectionMay2005.doc 4