Ordinance No. 11,971ORDINANCE NO. 11,971
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE
6T" DAY OF NOVEMBER, 2012, FOR THE PURPOSE OF ELECTING A
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, Resolution No. 2159, 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 6`h day of November, 2012; 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, Resolution No. 2159, and
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 6t' day of November, 2012, in the City
of Baytown, Texas, for the purpose of electing the Mayor of the City of Baytown, 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
UALIFICATIONS
0 shall be a citizen of the United States of America;
0 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.
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
August 20, 2012. 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 August 31, 2012, any such person may cause his/her
name to be withdrawn by filing, in writing, with the Mayor or his designee the City Clerk, 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 15`" day of December, 2012, in the City
of Baytown, Texas.
Section 8: That the election called in Section 1 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 9: That the City shall use the polling places along with election officials for the
municipal election ordered in Section 1 hereof as designated by Harris County and Chambers
County.
Section 10: 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 11: 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 Harris and Chambers Counties. Direct recording electronic (DRE) equipment
shall be used for early voting by personal appearance. Early voting by personal appearance shall
commence on October 22, 2012, and end on November 2, 2012, in accordance with the
schedules adopted by 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. Applications for ballots to be
voted by mail should be mailed to either:
Stan Stanart Heather Hawthorne
Harris County Clerk Chambers County Clerk
P.O. Box 1525 P.O. Box 728
Houston, TX 77251 -1525 Anahuac, Texas 77514
based upon the county of residence of the qualified voter.
Section 12: The Central Counting Stations to receive and tabulate voted ballots shall be
at the locations designated by Harris and Chambers Counties.
Section 13: That the general 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 this election shall be given by posting a substantial copy of
this election ordinance at City Hall and at three other places in the City, not later than the 2151
day prior to the date set for the election; and a substantial copy of this election ordinance also
shall be published once in a newspaper of general circulation published in the City, the date of
the first publication to be not more than 30 days and not less than 10 days prior to the date set for
the election. Notice of the Election shall also be provided to the Chambers County Clerk and the
Harris County Clerk not later than the 60th day before the date of the election ordered herein.
Section 14: 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 15: 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 16: 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 of inative vote of the City Council of the
City of Baytown on this the 28th day of June, 2012. I
DONCARLOS, Mayor
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NACIO RAMIREZ, SR ity Attorney
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