Ordinance No. 11,556ORDINANCE NO. 11,556
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE
14TH DAY OF MAY, 2011, FOR THE PURPOSES OF ELECTING
COUNCILMEMBERS FOR COUNCIL DISTRICTS FOUR (4), FIVE (5) AND
SIX (6) OF THE CITY OF BAYTOWN; CALLING A SPECIAL ELECTION
TO BE HELD ON THE 14TH DAY OF MAY, 2011, FOR THE PURPOSES OF
CONSIDERING WHETHER SCOTT SHELEY SHOULD BE REMOVED
FROM THE OFFICE OF COUNCILMEMBER, DISTRICT TWO (2);
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 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 14th day of May, 2011; and
WHEREAS, pursuant to Article X, Section 111 of the Charter of the City of Baytown,
Texas, the City Council herein calls a special recall election to be held on the 14'h day of May,
2011; 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 14'h day of May, 2011, in the City of Baytown, Texas, for
the purpose of electing the following members of the City Council:
Councilmember from District No. Four (4);
Councilmember from District No. Five (5); and
Councilmember from District No. Six (6).
Section 2: That one Councilmember shall be elected from each of the following single
member election districts:
District No. Four (4),
District No. Five (5), and
District No. Six (6),
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:
OFFICE
QUALIFICATIONS
a shall be a citizen of the United States of America;
• 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
which he was elected; 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 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 14, 2011. 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 22, 2011, any such person may cause
his/her name to be withdrawn by filing, in writing, with the Mayor or his designee, 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 25`" day of June, 2011, in the City of
Baytown, Texas.
Section 8: That a special election of the City of Baytown as prescribed in Article X,
Section 111 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 10 day of May, 2011, in the City of Baytown, Texas, for the purposes
of considering whether Scott Sheley should be removed from the office of Councilmember,
District Two (2).
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Section 9: That the form of the ballot for said election shall be substantially as follows:
OFFICIAL BALLOT
PROPOSITION NO. 1
[ ] YES Shall Scott Sheley be removed from the office of
[ ] NO Councilmember, District No. 2 by recall?
Section 10: That the City is hereby divided into Election Precincts, having the following
polling places for the purpose of the elections ordered herein as well as the city -wide elections to
be held by the Baytown Crime Control and Prevention District and the Baytown Fire Control,
Prevention, and Emergency Medical Services District:
PRECINCT
LOCATION
No. 11 (Consisting of that portion of
Chambers County Community Bldg —Cedar Bayou
Harris County Voting Precinct No. 11
Annex, 7711 SH146, Baytown, TX, 77520
within the City)
Nos. 121533 (Consisting of that portion of
John M. Stuart Career Center, 300 Wye Drive, Baytown
Harris County Voting Precinct Nos. 12 and
TX, 77521
533 within the City)
No. 13 (Consisting of that portion of
W. B. Travis Elementary School, 120 Robin Road,
Harris County Voting Precinct No. 13
Baytown, TX, 77520
within the City)
Nos. 281739 (Consisting of that portion of
Raintree Apartments, 3300 Rollingbrook Drive,
Harris County Voting Precinct Nos. 28 and
Baytown, TX 77521
739 within the City)
Nos. 631387 (Consisting of that portion of
Highlands Elementary School, 200 East Wallisville Road,
Harris County Voting Precinct Nos. 63 and
Highland, TX 77562
387 within the City)
No. 99 (Consisting of that portion of
Sterling Municipal Library, Mary Elizabeth Wilbanks
Harris County Voting Precinct No. 99
Avenue, Baytown, TX, 77520
within the City)
No. 100 (Consisting of that portion of
Saint Johns United Methodist Church, 501 South
Harris County Voting Precinct No. 100
Alexander Drive, Baytown, TX, 77520
within the City)
No. 102 (Consisting of that portion of
San Jacinto Elementary School, 2615 Virginia, Baytown,
Harris County Voting Precinct No. 102
TX 77520
within the City)
Nos. 10314561740 (Consisting of that
Ross S. Sterling High School, 300 West Baker Road,
portion of Harris County Voting Precinct
Baytown, TX 77521
Nos. 103, 456, and 740 within the Ci
No. 248 (Consisting of that portion of
George W. Carver Elementary
Harris County Voting Precinct No. 248
600 South Pruett, Baytown, Texas 77520
within the City)
No. 249 (Consisting of that portion of
Lorenzo DeZavala Elementary
Harris County Voting Precinct No. 249
305 Tri City Beach Road, Baytown, Texas 77520
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PRECINCT
LOCATION
within the City)
No. 250 (Consisting of that portion of
Harlem Elementary School, 3333 Interstate 10 East,
Harris County Voting Precinct No. 250
Baytown, TX 77521
within the City)
No. 386 (Consisting of that portion of
George Gentry Junior School, 1919 East Archer Road,
Harris County Voting Precinct No. 386
Baytown, TX, 77521
within the City)
No. 414 (Consisting of that portion of
Cedar Bayou Junior School, 2610 Elvinta Street,
Harris County Voting Precinct No. 414
Baytown, TX, 77520
within the City)
No. 532 (Consisting of that portion of
James Bowie Elementary School, 2200 Clayton Drive,
Harris County Voting Precinct No. 532
Baytown, TX, 77520
within the City)
Section 11: 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 12: 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 and their alternates shall also receive $10.00 per hour for attending training and
$25.00 for delivering election records and supplies.
Section 13: 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 14: 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 and the Goose Creek Consolidated Independent
School 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 May 2, 2011, at eight
o'clock (8:00) a.m., and end at seven o'clock (7:00) p.m. on May 10, 2011. Early voting by
personal appearance shall be conducted during the regular business hours of the City Clerk's
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Office each weekday from eight o'clock (8:00) a.m. until five o'clock (5:00) p.m.; provided,
however, that the City Clerk shall have regular business hours on May 7, 2011, May 8, 2011,
May 9, 2011 and May 10, 2011, as follows:
May 7, 2011 .........................
7:00 a.m. to 7:00 p.m.
May 8, 2011 .........................1:00
p.m. to 6:00 p.m.
May 9, 2011 .........................
7:00 a.m. to 7:00 p.m.
May 10, 2011 .......................
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 (2151) 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
144' day of May, 2011, the City Council Chambers and the 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 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 Leticia Brysch
3. Tabulation Supervisor: City Clerk Leticia Brysch
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 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 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 Leticia Brysch
3. Tabulation Supervisor: City Clerk Leticia Brysch
4. Programmer: Representative from Harris County Clerk's 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 30"' 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 I'dection 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 20: This ordinance shall take effect inimediately from and after its passage by
the City Council of the City of Baytown, rl 'exas.
KIRODUCED, READ and PASSED by tile affix iative vote of the City Council of the
City of Baytown on this the 27"' day of January, 2011.
STFPI IE'N 11. DONCARLOS, Mayor
A"" ST:
I-E,TICIA BRYSCH, Ch/y Clerk
APPROVED AS TO FORM:
eRJA ACIO RAMIREZ, SR., Ci ttorney
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