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Ord. 2013-34 - calling 11-5-13 Gen. Elec. for Mayor & Wards & Spec. Elec. for At-Large 1 - 8-6-13 ORDINANCE NO. 2013-34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF NOVEMBER 2013, FOR THE PURPOSE OF ELECTING A MAYOR AT-LARGE AND FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR WARDS, ONE, TWO, THREE, AND FOUR; AND A SPECIAL ELECTION FOR THE PURPOSE OF FILLING A VACANCY FOR CITY COUNCILMEMBER AT-LARGE POSITION 1; 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 general and special municipal elections of the City of Huntsville, prescribed by Sections 6.01 and 6.09 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 5th day of November 2013, in the City, for the purpose of electing a Mayor at-large, four Ward Councilmembers, one for each of the City’s four wards: (1) one, (2) two, (3) three, and (4) four; and Councilmember At-Large Position One (1). SECTION 2. The City is hereby divided into seven (7) election precincts. The polling places for these election precincts shall be as follows: Precinct Polling Place 101 Walker County Justice Center; 717 FM 2821 West 102 Walker County Annex; 1301 Sam Houston Avenue, Ste. 101 201 Huntsville Fire Station No. 2, 2109 Sam Houston Avenue 205 Elkins Lake Recreation Conference Center; 634 Cherry Hills Drive 206 Huntsville Fire Station No. 1; 1987 Veterans Memorial Parkway 301 Huntsville ISD Transportation Building; 95 Martin Luther King 401 University Heights Baptist Church; 2400 Sycamore Avenue SECTION 3. 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 4. A Mayor at-large and Councilmembers for each of the City’s four wards shall be selected. The Mayor and Ward Councilmembers to be elected shall hold office for a period of two (2) years. SECTION 5. A Councilmember At-Large Position One (1) shall be selected to hold office for a period of one (1) year. SECTION 6. Each of the six Councilmembers (Mayor, four Ward Councilmembers, Councilmember At-Large Position 1) 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 7. 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. I am a citizen of the United States eligible to hold such office under the Constitution and laws of this state. I have not been finally convicted of a felony for which I have not been pardoned or had my full rights of citizenship restored by other official action. I have not been determined by a final judgment of a court exercising probate jurisdiction to the totally mentally incapacitated or partially mentally incapacitated without the right to vote. I am aware of the nepotism law, Chapter 572, Government Code. I further swear that the foregoing statements included in my application are in all things true and correct." Such application for the general election may be filed with the City Secretary beginning on July 27, 2013 and must be filed not later than 5:00pm on August 26, 2013 and for the special election may be filed following the passage of this ordinance by the City Council and must be filed not later than 5:00 pm on September 4, 2013. SECTION 8. 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 5, 2013 INSTRUCTION NOTE: Vote for the candidate of your choice in each race by placing an "X" in the square beside the candidate's name. Mayor (Vote for one) ( (candidates' name) ( (candidates' name) Councilmember, Ward One (Vote for one) ( (candidates' name) ( (candidates' name) Councilmember, Ward Two (Vote for one) ( (candidates' name) ( (candidates' name) Councilmember, Ward Three (Vote for one) ( (candidates' name) ( (candidates' name) Councilmember, Ward Four (Vote for one) ( (candidates' name) ( (candidates' name) OFFICIAL BALLOT Special Election City of Huntsville, Texas November 5, 2013 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) SECTION 9. Dee Brimer, 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 Joint Election Agreement and Election Services Contract between the City of Huntsville, Texas and Walker County, Texas and further adopts any additions or amendments to such concerning early voting times, dates, and polling location as approved by the Walker County Deputy Elections Administrator. 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 21-November 1, 2013; from 7:00 a.m. - 7:00 p.m. on Tuesday, October 22, 2013 and Tuesday, October 29, 2013; and from 1 p.m. - 5 p.m. Saturday October 27 and Sunday, October 28, 2013; except official state holidays. SECTION 10. 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 at City Hall and the Walker County Courthouse bulletin boards 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 11.  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 12.  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 13. 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 14. 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 15. This ordinance shall take effect from and after its passage. PASSED AND APPROVED this 6th day of August 2013. THE CITY OF HUNTSVILLE Mac Woodward, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Lee Woodward, City Secretary Leonard Schneider, City Attorney