Ordinance No. 10,262ORDINANCE NO. 10,262
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE
13TH DAY OF MAY, 2006, FOR THE PURPOSES OF ELECTING THE
MAYOR AND THREE COUNCILMEMBERS FROM DISTRICT NOS. FOUR,
FIVE AND SIX; 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; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
WHEREAS, pursuant to Article II, 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 Campos, 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 13'h day of May, 2006; 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 (7:00) a.m.
and seven o'clock (7:00) p.m. on the 13`" day of May, 2006, in the City of Baytown, Texas, for
the purpose of electing the following members of the City Council:
Mayor, at large;
Councilmember from District No. Four;
Councilmember from District No. Five; and
Councilmember from District No. Six.
Section 2: That the Mayor for the City shall be elected at large by majority vote.
Section 3: That one Councilmember shall be elected from each of the following single
member election districts:
District No. Four,
District No. Five, and
District No. Six,
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 4: That the qualifications of the members of the City Council shall be as follows:
•
•
OFFICE
QUALIFICATIONS
• shall be a citizen of the United States of America;
• shall be a qualified voter of the State of Texas;
Mayor
• shall have resided for at least six months next preceding the election within the corporate
limits of the City of Baytown; and
• shall meet such other requirements as set forth in Chapter 141 of the Texas Election Code.
• shall be a citizen of the United States of America;
• shall be a qualified voter of the State of Texas;
Councilmember
a shall have resided for at least six months next preceding the election within the district from
which he was elected; and
• shall meet such other requirements as set forth in Chapter 141 of the Texas Election Code.
Section 5: That any eligible and qualified person may have his/her name printed upon
the official ballot as an independent candidate for the office of Mayor or Councilmember from
his/her respective district by filing a sworn application with the Mayor of the City of Baytown or
his designee the City Clerk no later than March 13, 2006. 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 6: That the form of the ballot for said election shall be substantially as follows:
OFFICIAL BALLOT
FOR MAYOR.
FOR COUNCILMEMBER DISTRICT NO.
(Appropriate District No. to be completed for each ballot)
Section 7: That any person eligible for the office of Mayor or 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 17, 2006, 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 8: 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 10`h day of June, 2006, in the City of
Baytown, Texas.
Section 9: That the City is hereby divided into Election Precincts, having the following
polling places and election officials for the purpose of the elections ordered herein:
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171
PRECLNCT
LOCATION
ELECTION OFFICIALS
No. 11
Chambers County Community
Marsha Johnson, Judge
(Consisting of that portion of
Building -Cedar Bayou Annex, 7711
Tracy Fuqua Judge
Chambers County Voting
Highway 146
Precinct No. I 1 within the City)
Baytown, Texas
No. 12/533
John M. Stuart Career Center
ima Rodriguez, Judge
(Consisting of that portion of
300 Wye Drive
Leah Rodriguez, Alternate Judge
Harris County Voting Precinct
Baytown, Texas
Nos. 12 and 533 within the City)
No. 13
William B. Travis Elementary School
G. K. Fulkerson, Judge
(Consisting of that portion of
100 Robin Road
Deborah Hutchinson, Alternate
Harris County Voting Precinct
Baytown, Texas
Judge
No. 13 within the City)
No. 281739
Jessie Lee Pumphrey Elementary
Don Teter, Judge
(Consisting of that portion of
4901 Fairway Drive
Vivian Lavigne, Alternate Judge
Harris County Voting Precinct
Baytown, Texas
Nos. 28 and 739 within the City)
No. 99
Sterling Municipal Library
Gil Gerlich, Judge
(Consisting of that portion of
Mary Elizabeth Wilbanks Avenue
Carl Brandon, Alternate Judge
Harris County Voting Precinct
Baytown, Texas
No. 99 within the City)
No. 100
St, John's Methodist Church
Anita Meismer, Judge
(Consisting of that portion of
501 S. Alexander Drive
Chris Meismer, Alternate Judge
Harris County Voting Precinct
Baytown, Texas
No. 100 within the City)
No. 102
San Jacinto Elementary
Elodia Alaniz, Judge
(Consisting of that portion of
2615 Virginia
Elida Santana, Alternate Judge
Harris County Voting Precinct
Baytown, Texas
No. 102 within the City)
No. 248
Carver Elementary
Carmen Torres, Judge
(Consisting of that portion of
600 Pruett
Yolanda Whitford, Alternate Judge
Harris County Voting Precinct
Baytown, Texas
No. 248 within the City)
No. 249
DeZavala Elementary
Malcolm Henderson, Judge
(Consisting of that portion of
305 Tri -City Beach Road
Robert Kelley, Alternate Judge
Harris County Voting Precinct
Baytown, Texas
No. 249 within the City)
No. 386
Gentry Junior School
Tom Cottar, Judge
(Consisting of that portion of
1919 Archer Road
Bill Allen, Alternate Judge
Harris County Voting Precinct
Baytown, Texas
No. 386 within the City)
No. 414
Cedar Bayou Junior School Library
Pamela Lewis, Judge
(Consisting of that portion of
2410 Cedar Bayou
Susan Pruett, Alternate Judge
Harris County Voting Precinct
Baytown, Texas
No. 414 within the City)
No. 456/103
Ross S. Sterling High School
Gerri Ybarra, Judge
(Consisting of that portion of
300 W. Baker
Dora Romo, Alternate Judge
Harris County Voting Precinct
Baytown, Texas
Nos. 103, and 456
No. 532
James Bowie Elementary
Lynda Kilgore, Judge
(Consisting of that portion of
2200 Clayton
Pat Thomas, Alternate Judge
Harris County Voting Precinct
Baytown, Texas
No. 532 within the City)
® Section 10: In addition to the presiding judge and alternate judge for each precinct
hereinabove designated, the respective presiding judge for each precinct and the Early Ballot
Board as herein provided, shall be authorized to appoint a sufficient number of clerks as they
may deem necessary to assist them in said election, provided, however, that the number of clerks
appointed by said presiding judge for each polling place shall not be less than two, including the
alternate judge also serving as a clerk.
Section 11: The judges and clerks shall be compensated at the rate of TEN AND
N0 1100 DOLLARS ($10.00) per hour and EIGHT AND NO /100 DOLLARS ($8.00) per hour,
respectively. Should the City and the Goose Creek Consolidated Independent School District
(the "District ") enter into a joint election agreement and should the District hold an election on
May 13, 2006, the judges and clerks working at the precincts where the joint election is to be
held shall be compensated at the rate of THIRTEEN AND NO /100 DOLLARS ($13.00) per hour
and TEN AND NO / 100 DOLLARS ($10.00) per hour, respectively. No judge or clerk shall be
paid for more than one hour of work before the polls open and no period of time subsequent to
two hours after the voting is concluded by all voters offering themselves for voting during
regular voting hours, whichever is later. The election judges shall also receive $25.00 for
attending training and picking up election supplies.
Section 12: Direct recording electronic (DRE) equipment shall be used for voting at
the foregoing election precincts, and electronic counting devices and equipment shall be used for
counting the ballots at the election.
Section 13: 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 by the Office of the City Clerk in the City
Council Chamber of the City Hall of the City of Baytown, located at 2401 Market Street. Should
the City and the Goose Creek Consolidated Independent School District (the "District ") enter
into a joint election agreement and should the District hold an election on May 13, 2006, branch
early voting will be conducted at the District's Administration Building. The City Clerk is
hereby appointed the early voting clerk. Paper ballots shall be used for early voting by mail and
direct recording electronic (DRE) equipment shall be used for early voting by personal
appearance. Early voting by personal appearance shall commence on May 1, 2006, at seven
o'clock (7:00) a.m., and end at seven o'clock (7:00) p.m. on May 9, 2006. Early voting by
personal appearance shall be conducted during the regular business hours of the City Clerk's
Office each weekday from eight o'clock (8:00) a.m. until five o'clock (5:00) p.m., except on
May 1, 2006, and May 9, 2006. On such days, the City Clerk's regular business hours are
hereby designated as seven o'clock (7:00) a.m. to seven o'clock (7:00 p.m.).
Section 14: 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 (21") day before the date of the
election ordered herein.
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• Section 15: 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 13" day of
May, 2006, or should the City and the District not enter into a joint election agreement, 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.
•
Section 16: The following persons are hereby authorized and approved as persons
employed and designated to handle the ballots, operate the tabulating equipment, count the
ballots, and be present in the Central Counting Station:
1. Central Counting Station Presiding Judge: Betty Troutman
2, Central Counting Station Manager: City Clerk Lorri Coody
3. Tabulation Supervisor: City Clerk Lorri Coody
4. Clerks: To be named by the Presiding Judge
5. Programmer: Representative from Harris County Clerk's Office
Section 17: There is hereby created an Early Voting Ballot Board which shall process
early voting results. Betty Troutman is hereby appointed Presiding Judge of the Early Voting
Ballot Board, and she shall appoint such other members as provided in Section 87.002(b) of the
Texas Election Code.
Section 18: A committee is hereby established of the following persons to hold three
computer accuracy tests in accordance with Section 127.093 of the Texas Election Code:
1. Central Counting Station Presiding Judge: Betty Troutman
2. Central Counting Station Manager: City Clerk Lorri Coody
3. Tabulation Supervisor: City Clerk Lorri Coody
4. Programmer: Representative from Harris County Clerk's Office
Section 19: 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`" day or later than the
tenth day prior to the date of said elections.
Section 20: 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 21: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown, Texas.
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® INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown on this the 9th day of February, 2006.
CALVIN MUNDINGER, Mayor
Y, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR. ty Attorney
RAKaren \Files\City Council \Ordinances \2006\Fcbruary 9\ CallingMunicipalElectionMay2006 .doe