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Ordinance No. 10,560ORDINANCE NO. 10,560 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONTINGENT UPON A STATE-WIDE ELECTION BEING HELD ON THE 12th DAY OF MAY, 2007, CONCERNING A CONSTITUTIONAL AMENDMENT AS PROPOSED IN SENATE JOINT RESOLUTION NO. 13, REPEALING ORDINANCE NO. 10,549, WHICH CALLED THE MUNICIPAL ELECTION TO BE HELD ON THE 12™ DAY OF MAY, 2007, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS FROM DISTRICT NOS. ONE, TWO AND THREE; ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 12™ DAY OF MAY, 2007, FOR THE PURPOSES OF ELECTING COUNCILMEMBERS FROM DISTRICT NOS. ONE, TWO AND THREE; ESTABLISHING A DATE FOR A RUNOFF ELECTION; DESIGNATING THE MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; ESTABLISHING CERTAIN PROVISIONS RELATED THERETO; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, on February 22, 2007, the City Council of the City of Baytown, Texas, passed Ordinance No. 10,549, which ordered the municipal election to be held on the 12th day of May, 2007, for the purpose of electing Council Members from District Nos. One, Two and Three; and WHEREAS, since such time, a state-wide election has been proposed for May 12, 2007, concerning a constitutional amendment authorizing the legislature to provide for a reduction of the limitation on the total amount of ad valorem taxes that may be imposed for public school purposes on the residence homesteads of the elderly or disabled to reflect any reduction in the rate of those taxes for the 2006 and 2007 tax years; and WHEREAS, WHEREAS, Due to the high demand on election equipment and personnel and for efficiency in government, the Council has authorized the City to enter into joint election agreements with Harris and Chambers Counties to conduct its May 12lh municipal election should a state-wide election be held; and WHEREAS, since the joint election with the counties affects many of the provisions contained in Ordinance No. 10,549, the City Council desires to repeal such former ordinance and call the special election again pursuant to the terms hereof; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: The provisions of this Ordinance are contingent upon a state-wide election being held May 12, 2007, concerning a constitutional amendment as proposed in Senate Joint Resolution No. 13. Should the State not hold an election on such date, Ordinance No. 10,549 shall remain in full force and effect. Section 2: That the City Council of the City of Baytown, Texas, hereby repeals Ordinance No. 10,549 adopted on February 22, 2007, which ordered the municipal election to be held on the 12lh day of May, 2007, for the purpose of electing Council Members from District Nos. One, Two and Three. Section 3: 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 12lh day of May, 2007, 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 3: That one Councilmember shall be elected from each of the following single member 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 4: That the qualifications of the members of the City Council shall be as follows: OFFICE | QUALIFICATIONS Councilmember shall be a citizen of the United States of America; shall be a qualified voter of the State of Texas; 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 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 12, 2007. 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 COUNCILMEMBER DISTRICT NO. (Appropriate District No. to be completed for each ballot) Section 7: 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 20, 2007, 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 16lh day of June, 2007, in the City of Baytown, Texas. Section 9: That the election called in Section 3 hereof shall be held as a joint election with Harris County and Chambers County pursuant to the joint election agreements to be entered into with each county. Section 10: That the City shall use the polling places of Harris County and Chambers County for the purposes of the election ordered herein. The City shall use the polling places and election officials for the municipal election ordered in Section 3 hereof as designated by Harris County and Chambers County. Section 11: Direct recording electronic (DRE) equipment shall be used for voting at the designated election precincts, and electronic counting devices and equipment shall be used for counting the ballots at the election. Section 12: 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 Early Voting Clerks at the places designated by the City and Harris and Chambers Counties. Paper ballots shall be used for early voting by mail in Harris County and Opti Scan mail ballots shall be used for early voting by mail in Chambers County. Direct recording electronic (DRE) equipment shall be used for early voting by personal appearance. Early voting by personal appearance shall commence on April 30, 2007, and end on May 8, 2007, in accordance with the schedules adopted by Harris and Chambers Counties. Section 13: 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 municipal election, the Mayor and the City Clerk of the City of Baytown 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 (21st) day before the date of the election ordered herein. Section 14: The Central Counting Stations to receive and tabulate voted ballots shall be at the locations designated by Harris and Chambers Counties. Section 15: 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 30lh day or later than the tenth day prior to the date of said elections. The City Clerk is further authorized to give or cause to be given notices required for the election, and to take such other and further action as is required to conduct the election in compliance with the Texas Election Code. Section 16: 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 17: 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 8lh day of March, 2007. / STEPHENfH. DONCARLOS, Mayor CODDY, City Clerk APPROVED AS TO FORM: TGNACIORAMIREZj^Jt., City Attorney R:^Karen\Filcs\City Council\Ordinanccs\2007\March8\CallingMunicipalElectionMay2007.doc 4