Ord. 2014-37 - call 11-4-14 election for at-large positions - ENGLISH - 8-140 ORDINANCE NO. 2014-37
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 4TH DAY OF NOVEMBER
2014, FOR THE PURPOSE OF ELECTING FOUR AT -LARGE COUNCILMEMBERS;
DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION; AND
PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
SECTION 1. The regular municipal election of the City of Huntsville, prescribed by Section 6.01 of the City
Charter, shall be held between the hours of seven (7:00) o'clock a.m. and seven (7:00) o'clock p.m. on the 4`l' day
of November 2014, in the City, for the purpose of electing four at -large Councilmembers.
SECTION 2. This election shall be held in accordance with, and shall be governed by, the election laws of the
State of Texas. In all City elections, the Mayor, City Secretary or City Council shall do and perform each act as
in other elections required to be done and performed, respectively, by the County Judge, the County Clerk or the
Commissioners' Court. The City Council has determined, pursuant to Chapter 31 of the Texas Election Code,
that the City is authorized to enter into an Election Services Agreement with Walker County, Texas, and,
pursuant to Chapter 271 of the Texas Election Code, the City is authorized to enter into a Joint Election
Agreement with Walker County and other participating political subdivisions for this election.
SECTION 3. Four at -large Councilmembers shall be selected as representatives of all four Huntsville wards.
The Councilmembers to be elected shall hold office for a period of two (2) years.
SECTION 4. Each of the four Councilmembers shall be citizens of the United States, qualified and registered
voters of the State of Texas; residents within the present corporate limits of Huntsville for at least twelve months
immediately preceding the election; and current in payment of taxes and assessments due to the City.
SECTION 5. Any eligible and qualified person may have his name upon the official ballot as an independent
candidate by submitting an application, which, in accordance with Texas Election Code Section 141.031, must
be in writing and be signed and sworn to by the candidate and indicate the date that the candidate swears to the
application. The application shall include: the candidate's name; the candidate's occupation; the office sought,
including the ward or place number, if any; a statement that the candidate is a United States citizen; a statement
that the candidate has not been determined mentally incompetent by a final judgment of a court; a statement that
the candidate has not been finally convicted of a felony from which the candidate has not been pardoned or
otherwise released from the resulting disabilities; the candidate's date of birth; the candidate's residence address
or, if the residence has no address, the address at which the candidate receives mail and a concise description of
the location of the candidate's residence; the candidate's length of continuous residence in the state and in the
territory from which the office sought is elected as of the date the candidate swears to the application; a
statement that the candidate is aware of the nepotism law, Texas Government Code Chapter 573; and the
statement: "I, , of Walker County, Texas, being a candidate for the office of
, swear that I will support and defend the constitution and laws of the United States and of
the State of Texas." Such application may be filed with the City Secretary beginning on July 21, 2012 and must
be filed not later than 5:00pm on August 18, 2014.
SECTION 6. The order in which the names of the candidates are to be printed on the ballot shall be determined
by a drawing of the City Secretary as provided by section 52.094 of the Texas Election Code.
The form of the ballot for the election shall be as follows:
OFFICIAL BALLOT
Regular Election
City of Huntsville, Texas
November 4, 2014
INSTRUCTION NOTE: Vote for the candidate of your choice in each race by placing an "X" in the square
beside the candidate's name.
Councilmember, At -Large Position One (Vote for one)
❑ (candidates' name)
❑ (candidates' name)
Councilmember, At -Large Position Two (Vote for one)
❑ (candidates' name)
❑ (candidates' name)
Councilmember, At -Large Position Three (Vote for one)
❑ (candidates' name)
❑ (candidates' name)
Councilmember, At -Large Position Four (Vote for one)
❑ (candidates' name)
❑ (candidates' name)
SECTION 7. Dee Brinier, Walker County Deputy Elections Administrator, is hereby appointed as Deputy
Early Voting Clerk, and the Walker County Annex, 1301 Sam Houston Avenue, Suite 101, is hereby
designated as the Main Early Voting Site for early voting for the election. Early Voting in the election by
personal appearance shall be conducted at the times, dates and polling places as provided for in the Walker
County Election Agreement between the City of Huntsville, Texas and Walker County, Texas. During the
lawful early voting period, such clerk shall keep such place for early voting open for early voting from 8:00
a.m. - 5:00 p.m., Monday through Friday, October 20 -31, 2014; from 7:00 a.m. - 7:00 p.m. on Tuesday,
October 21, 2014 and Tuesday, October 28, 2014; and from I p.m. - 5 p.m. Saturday October 25 and Sunday,
October 26, 2014; except official state holidays.
SECTION & The Mayor and City Secretary are hereby directed to give notice of the election by:
a) causing said notice of such election to be published at least forty (40) days prior to the date of such
election in the newspaper;
b) by publishing the notice at least one time, not more than thirty (30) days nor less than ten (10) days before
the election, in the newspaper;
c) by filing with the City Secretary, for posting, a copy of said notice at least twenty-one (21) days before
the election; and
d) by posting on the City Hall bulletin board notice of the election at least twenty-one (21) days before the
election.
The Mayor and City Secretary shall file with the City Secretary a copy of the notice as published, together
with the name of the newspaper and the dates of publication.
SECTION 9. It is further found and determined that in accordance with the order of this governing body the
City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located in
the City Hall, a place convenient and readily accessible to the general public, and such notice having been so
posted and remaining posted continuously for at least seventy-two (72) hours preceding the scheduled time of
such meeting. A copy of the return of such posting shall be attached to the minutes of this meeting and shall be
made a part thereof for all intents and purposes.
SECTION 10. That the Mayor and /or the City Secretary of the City of Huntsville are hereby authorized to
execute and/or issue, for an on behalf of the City, such orders, documents and forms as may, from time to
time, be promulgated by the Secretary of State of the State of Texas in conjunction with the election herein
ordained.
SECTION 11. The Mayor and/or the City Secretary and the attorney for the City are hereby authorized and
directed to make any filings required by the Federal Voting Rights Act. The Mayor and/or the City Secretary
and the attorney for the City are further authorized and directed to take any action necessary to comply with
the provisions of the Texas Elections Code, the Federal Voting Rights Act and the terms and provisions of
any Election Services Contract(s) and the Joint Election Agreement(s) in carrying out the provisions of this
Ordinance, whether or not expressly authorized herein.
SECTION 12. The City Secretary and Mayor are hereby authorized to perform all duties and take all actions
as required by any joint election agreement(s) and/or the contract(s) for election services and election
agreement that may be authorized by City Council after the passage of this Ordinance.
SECTION 13. This ordinance shall take effect from and after its passage.
PASSED AND APPROVED this 5tn day of August 2014.
THE CITY OF HUNTSVILLE
A TTIICT.
Mac oodward, May r
APPROVED AS TO FORM:
Schneider, City Attorney