Ordinance No. 10,814ORDINANCE NO. 10,814
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE
10th DAY OF MAY, 2008, FOR THE PURPOSES OF ELECTING THREE
COUNCILMEMBERS FROM DISTRICT NOS. FOUR, FIVE AND SIX-
ORDERING A SPECIAL ELECTION TO BE HELD ON THE 10â„¢ DAY OF
MAY, 2008, FOR THE PURPOSES OF REAUTHORIZING THE LOCAL
SALES AND USE TAX IN THE CITY OF BAYTOWN AT THE RATE OF
ONE-FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE
FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS-
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; 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 ai, 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
and special elections to be held on the 10th day of May, 2008; NOW THEREFORE
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, 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 10th day of May, 2008, in the City of Baytown, Texas, for
the purpose of electing the following members of the City Council:
Councilmember from District No. Four;
Councilmember from District No. Five; and
Councilmember from District No. Six.
Section 2: 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 3: That the qualifications of the members of the City Council shall be as follows:
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 or his
designee the Interim City Clerk no later than March 10, 2008. 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 18, 2008, 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.
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 21st day of June, 2008, in the City of
Baytown, Texas.
Section 8: That a special 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 10lh day of May, 2008, in the City of Baytown, Texas, for the purpose
of voting for or against the following proposition:
PROPOSITION NO. 1
THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE
CITY OF BAYTOWN AT THE RATE OF ONE-FOURTH OF ONE PERCENT
TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND
REPAIR OF MUNICIPAL STREETS.
Section 9: That the proposition specified in Section 8 hereof shall be presented to the
City at large and the propositions shall be submitted in accordance with law.
follows:
Section 10: That the form of the ballot for this special election shall be substantially as
[]FOR
[ ] AGAINST
OFFICIAL BALLOT
PROPOSITION NO. 1
THE REAUTHORIZATION OF THE LOCAL
SALES AND USE TAX IN THE CITY OF
BAYTOWN AT THE RATE OF ONE-FOURTH OF
ONE PERCENT TO CONTINUE PROVIDING
REVENUE FOR MAINTENANCE AND REPAIR
OF MUNICIPAL STREETS.
Section 11: That the City is hereby divided into Election Precincts, having the following
polling places for the purpose of the elections ordered herein:
Section 12: The City Council of the City of Baytown, Texas, shall appoint a presiding
judge and an alternate judge for each precinct hereinabove designated. Furthermore, 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 13: The judges and clerks shall be compensated at the rate of THIRTEEN
AND NO/100 DOLLARS ($13.00) per hour and TEN AND NO/100 DOLLARS (S10.00) 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 $10.00 per hour for attending training and $25.00 for picking
up election supplies.
Section 14: 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 15: 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 and
branch early voting will be held in the Chambers County Community Building-Cedar
Bayou Annex, located at 7711 Highway 146. Should the City and the Lee College District (the
"College") enter into a joint election agreement, branch early voting will also be conducted at the
College's Administration Building, 909 Decker Drive. Should the City and the Goose Creek
Consolidated Independent School District (the "District") enter into a joint election agreement,
branch early voting will be conducted at the District's Administration Building located at 4544
Interstate 10 East. The Interim 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
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.; provided, however, that the Interim City
Clerk shall have regular business hours on May 3, 2008, May 4, 2008, May 5, 2008 and May 6,
2008, as follows:
May 3, 2008 7:00 a.m. to 7:00 p.m.
May 4, 2008 1:00 p.m. to 6:00 p.m.
May 5, 2008 7:00 a.m. to 7:00 p.m.
May 6, 2008 7:00 a.m. to 7:00 p.m.
Section 16: That the regular and special municipal elections 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 Interim City Clerk of the City of Baytown shall do and perform each act as
required to be done and performed respectively by the County Judges and the County Clerks of
the Commissioners' Courts of Harris and Chambers Counties, as appropriate. 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 17: 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 Independent School District not hold an election on the
10th day of May, 2008, or should the City and the District not enter into a joint election
agreement, the Council Chamber and the Executive 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 18: 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: William H. Ehlig, Jr.
2. Central Counting Station Manager: Interim City Clerk Kelvin Knauf
3. Tabulation Supervisor: Interim City Clerk Kelvin Knauf
4. Clerks: To be named by the Presiding Judge
5. Programmer: Representative from Harris County Clerk's Office
Section 19: There is hereby created an Early Voting Ballot Board which shall process
early voting results. William H. Ehlig, Jr., is hereby appointed Presiding Judge of the Early
Voting Ballot Board, and he shall appoint such other members as provided in Section 87.002(b)
of the Texas Election Code.
Section 20: A committee is hereby established of the following persons to hold three
computer accuracy tests in accordance with Section 127.092 of the Texas Election Code:
1. Central Counting Station Presiding Judge: William H. Ehlig, Jr.
2. Central Counting Station Manager: Interim City Clerk Kelvin Knauf
3. Tabulation Supervisor: Interim City Clerk Kelvin Knauf
4. Programmer: Representative from Harris County Clerk's Office
Section 21: 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 30th day or later than the
tenth day prior to the date of said elections.
Section 22: 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 23: 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 affnfpdtive vote of the City Council of the
Jaytown on this the 24lh day of January, 2008.
STEPHEN H. DONCARLOS, Mayor
Clerk
APPROVED AS TO FORM:
JACIO RAMIREZ, SR., qt)' Attorney
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