Ordinance No. 11,056ORDINANCE NO. 11,056
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN.
TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE
9r► -t DAY OF MAY, 2009, FOR THE PURPOSES OF ELECTING THE
MAYOR OF THE CITY OF BAYTOWN; 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. i,. City of Baytown, et al., providing for the manner of election and the tetra 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 9"' day of May, 2009; 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 9`t' day of May, 2009. in the City of Baytown. Texas, for the
purpose of electing the Mayor, at large.
Section 2: That the Mayor for the City shall be elected at large by majority vote.
Section 3: That the qualifications of the Mayor 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 Bayto%Nm; and
• 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 Mayor by filing a sworn
application with the Mayor of the City of Baytown or his designee the City Clerk no later than
March 9, 2009. The form of the sworn application for the candidates for the office of Mayor
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 MAYOR.
Section 6: That any person eligible for the office of Mayor 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. 2009, 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 13`h day of June. 2009, 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 election ordered herein:
PRECINCT
LOCATION
No. 11 (Consisting of that portion
of
Chambers County Community Building —Cedar Bayou
Chambers County Voting Precinct Nos. 5
Annex
and 1 I within the City)
7711 Highway 146, Baytown. Texas 77520
No. 12 (Consisting of that portion
of
John M. Stuart Career Center
Harris County Voting Precinct Nos. 12
and
300 YMCA Drive, Bayto,,ti-n. Texas 77521-4183
533 within the City)
No. 13 (Consisting of that portion
of
William B. Travis Elementary School
Harris County Voting Precinct No.
13
100 Robin Road, Baytown. Texas 77520 -1097
within the City)
No. 28 (Consisting of that portion
of
Pumphrey Elementary School
Harris County Voting Precinct Nos. 28
and
4901 Fairway Drive, Baytown. Texas 77521 -2998
739 within the City)
No. 99 (Consisting of that portion
of
Sterling Municipal Library
Harris County Voting Precinct No.
99
Mary Elizabeth Wilbanks Ave.. Baytown. Texas 77520
within the City)
No. 100 (Consisting of that portion
of
St. John's United Methodist Church
Harris County Voting Precinct No.
100
501 South Alexander Dr., Baytown, Texas 77520 -7573
within the City)
No. 102 (Consisting of that portion
of
San Jacinto Elementary School
Harris County Voting Precinct No.
102
2615 Virginia. Baytown, Texas 77520
within the City)
No. 248 (Consisting of that portion
of
Carver Elementary School
Harris County Voting Precinct No.
248
600 S. Pruett, Baytown, Texas 77520
within the City)
No. 249 (Consisting of that portion
of
DeZavala Elementary School
Harris County Voting Precinct No.
249
305 Tri -City Beach, Baytown. Texas 77520
within the City)
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PRECINCT
LOCATION
No. 250 (Consisting of that portion of
Harlem Elementary School
Harris County Voting Precinct No. 250
3333 Interstate 10 East, Baytown. Texas 77521
within the City)
No. 386 (Consisting of that portion of
George Gentry Junior School
Harris County Voting Precinct No. 386
1919 East Archer Road. Baytown. Texas 77521 -9385
within the City)
No. 63/387 (Consisting of that portion of
Highlands Elementary School
Harris County Voting Precinct Nos. 63 and
200 East Wallisville Road„ Highlands, Texas 77562-
387 within the City)
3896
No. 414 (Consisting of that portion of
Cedar Bayou Junior School
Harris County Voting Precinct No. 414
2610 Elvinta, Baytown, Texas 77520 -3813
within the City)
No. 456 (Consisting of that portion of
Ross S. Sterling High School
Harris County Voting Precinct Nos. 103,
300 W. Baker Rd., Baytown, Texas 77521
456 and 740 within the City)
No. 532 (Consisting of that portion of
James Bowie Elementary School
Harris County Voting Precinct No. 532
2200 Clayton Drive, Baytown. Texas 77520 -3643
within the City)
Section 9: 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 10: 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 ($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 $10.00 per hour for attending training and $25.00 for picking
up election supplies.
Section 11: 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 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 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 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 April 27, 2009, at seven o'clock (7:00) a.m.. and end at seven o'clock (7:00) p.m. on May 5,
2009. 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 live o'clock (5:00)
p.m.; provided, however, that the City Clerk shall have regular business hours on May 2, 2009,
May 3, 2009, May 4, 2009 and May 5, 2009, as follows:
May 2, 2009 ......................... 7:00 a.m. to 7:00 p.m.
May 3, 2009 .........................1:00 p.m. to 6:00 p.m.
May 4, 2009 ......................... 7:00 a.m. to 7:00 p.m.
May 5, 2009 ......................... 7:00 a.m. to 7:00 p.m.
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 City 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 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 (21') day before the date of the election ordered herein.
Section 14: 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 9`h
day of May, 2009, 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 I -Iall of the City of
Baytown, located at 2401 Market Street, shall be the Central Counting Station to receive and
tabulate voted ballots.
Section 15: 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: City Clerk Kaythie Darnell
3. Tabulation Supervisor: City Clerk Kaythie Darnell
4. Clerks: To be named by the Presiding Judge
5. Programmer: Representative from Harris County Clerk's Office
Section 16: There is hereby created an Early Voting Ballot Board which shall process
early voting results. William H. Ehlig, Jr., is hereby appointed Presiding .fudge 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.
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Section 17: 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: City Clerk Kaythie Darnell
3. Tabulation Supervisor: City Clerk Kaythie Darnell
4. Programmer: Representative from Harris County Clerks Office
Section 18: 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 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 election.
Section 19: In all matters relating to the ordering, giving notice, and holding the
election. 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 afti ive vote of the City Council of the
City ol'Baytown on this the 22nd day of January, 2009.
A
0� R, ` ...
KA)7E DARNELL. City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ. SR.. Ci , 2 ttomey
S
H. DONCARLOS.
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