Ordinance No. 12,334ORDINANCE NO. 12,334
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE UNOPPOSED CANDIDATE BRANDON
CAPETILLO ELECTED TO THE OFFICE OF COUNCIL MEMBER DISTRICT
NO. 3 OF THE CITY OF BAYTOWN AND CANCELING THE ASSOCIATED
MUNICIPAL ELECTION PREVIOUSLY ORDERED TO BE HELD ON THE
5T" DAY OF NOVEMBER, 2013, FOR THE PURPOSE OF ELECTING THE
COUNCIL MEMBER OF COUNCIL DISTRICT NO. THREE (3) OF THE CITY
OF BAYTOWN; ORDERING THE CITY CLERK TO INCLUDE IN THE
BALLOT FOR THE CITY'S MUNICIPAL ELECTION TO BE HELD ON THE
5T" DAY OF NOVEMBER, 2013, A HEADING ENTITLED "UNOPPOSED
CANDIDATES DECLARED ELECTED" UNDER WHICH THE OFFICE OF
COUNCIL MEMBER OF COUNCIL DISTRICT NO. THREE (3) AND
BRANDON CAPETILLO'S NAME SHALL APPEAR; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
WHEREAS, through Ordinance No. 12,284 adopted on July 11, 2013, the City Council
called its municipal election to be held on the 5a' day of November, 2013, for the purpose of
electing Council Members of Council District Nos. One (1), Two (2) and Three (3) of the City of
Baytown; and
WHEREAS, only one candidate filed for such office for Council Member of Council
District No. Three (3); 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 Council Member of Council
District No. 3 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 Brandon
Capetillo, who is unopposed in the November 5, 2013, municipal election, is elected to the office
of Council Member of Council District No. Three (3) 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. 12,284, to be held on the 5`h day of November, 2013, for the purpose of
electing the Council Member of Council District No. Three (3) is hereby canceled in accordance
with Section 2.053(a) of the Texas Election Code.
Section 3: That the City Clerk is hereby directed to include in the ballot for the City's
Municipal Election to be held on the 5'h day of November, 2013, a heading entitled "Unopposed
Candidates Declared Elected," under which the Office of Council Member of Council District No.
3 of the City of Baytown and Brandon Capetillo's name shall appear, and to take all other action as
may be required by law.
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the aff
City of Baytown on this the 12th day of September, 2013.
ATTE
APPROVED AS TO FORM:
l
ACIO RAMIREZ, SR., y Attorney
of the City Council of the
DONCARLOS,
R: \Karen \Files \City Counci1\0rdinances \2013\September 12\ CancelingMunicipalElec tion4District3.docx