Ordinance No. 12,019ORDINANCE NO. 12,019
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE UNOPPOSED CANDIDATE STEPHEN H.
DONCARLOS ELECTED TO THE OFFICE OF MAYOR OF THE CITY OF
BAYTOWN AND CANCELING THE ASSOCIATED MUNICIPAL ELECTION
PREVIOUSLY ORDERED TO BE HELD ON THE 6TH DAY OF NOVEMBER,
2012, FOR THE PURPOSE OF ELECTING THE MAYOR OF THE CITY OF
BAYTOWN; ORDERING THE CITY CLERK TO INCLUDE IN THE BALLOT
FOR THE CITY'S SPECIAL ELECTION TO BE HELD ON THE 6TH DAY OF
NOVEMBER, 2012, A HEADING ENTITLED "UNOPPOSED CANDIDATES
DECLARED ELECTED" UNDER WHICH THE OFFICE OF MAYOR AND
STEPHEN H. DONCARLOS'S NAME SHALL APPEAR; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, through Ordinance No. 11,971 adopted on June 28, 2012, the City Council
called its municipal election to be held on the 6`'' day of November, 2012, for the purpose of
electing a Mayor of the City of Baytown; and
WHEREAS, only one candidate filed for such office; and
WHEREAS, the deadline has now passed for filing for a place on the ballot and for
declaring write -in candidacy in such election; and
WHEREAS, Section 2.051, et seq. of the Texas Election Code provides for the
cancellation of an election if each candidate whose name is to appear on the ballot is unopposed;
and
WHEREAS, the City Clerk, the authority responsible for having the official ballot
prepared, has certified in writing that the candidate for the Office of Mayor is unopposed for
election and that no candidate's name is to be placed on a list of write -in candidates for that office
under applicable law; and
WHEREAS, the City Clerk has delivered to the City Council of the City of Baytown, a
Certificate of Unopposed Candidate, which certification is attached hereto as Exhibit "A" and is
incorporated herein for all intents and purposes; and
WHEREAS, under these circumstances, Chapter 2, Subchapter C of the Texas Election
Code authorizes the City Council to declare the candidate elected to office and cancel the election;
NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, declares that Stephen H.
DonCarlos, who is unopposed in the November 6, 2012, municipal election, is elected to the office
of Mayor of the City of Baytown and directs that a certificate of election following the time the
election would have been canvassed be issued.
Section 2: That the Municipal Election ordered by the City Council of the City of
Baytown in Ordinance No. 11,971, to be held on the 6`t day of November, 2012, for the purpose of
electing the Mayor of the City of Baytown is hereby canceled in accordance with Section 2.053(x)
of the Texas Election Code.
Section 3: That the City Clerk is hereby directed to include in the ballot for the City's
Special Election to be held on the 6th day of November, 2012, a heading entitled "Unopposed
Candidates Declared Elected," under which the Office of Mayor and Stephen H. DonCarlos's
name shall appear, and to take all other action as may be required by law.
Section 4: This ordinance shalt take effect immediately from and after its passage by the
City Council of the City of Baytown. I
INTRODUCED, READ and PASSED by the affirmativ vote of the City Council of the
City of Baytown on this the 6th day of September, 2012.
APPROVED AS TO FORM:
C—WNACIO RAMIREZ, SR., CO Attorney
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H. DONCARLOS, Mayor
Exhibit "A"
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CERTIFICATE OF UNOPPOSED CANDIDATE
STATE OF TEXAS
COUNTY OF HARRIS
TO: THE MAYOR AND CITY COUNCIL, CITY OF BAYTOWN, TEXAS
In accordance with Section 2.052, Texas Election Code, I, Leticia Brysch, City Clerk for the City
of Baytown, Texas, and the authority responsible for having the official election ballot prepared,
hereby certify that the following candidate is unopposed for election to office, for the election
scheduled on November 06, 2012.
Office:
1 Candidate:
Mayor at large
I Stephen DonCarlos
WITNESS BY MY HAND AND SEAL of the City on this 6^ day of September, 2012.
Certificate of Unopposed Candidate, Page t