ORD 1998-35 - Resignation Of Ann James 11-17-1998ORDINANCE NO. 98 -35
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, ACCEPTING THE RESIGNATION OF ANN
JAMES, COUNCILMEMBER, WARD FOUR; ORDERING A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON THE 16TH DAY OF
JANUARY, 1999, FOR THE PURPOSE OF ELECTING A
COUNCILMEMBER FOR THE UNEXPIRED TERM OF
COUNCILMEMBER, WARD FOUR; PROVIDING FOR ELECTION
OFFICERS; DESIGNATING THE PLACES AND MANNER OF
HOLDING THE ELECTION; AND PROVIDING FOR THE POSTING
AND PUBLICATION OF NOTICE.
WHEREAS Ann James submitted her resignation from City Council to the City Secretary on
November 12, 1998;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
SECTION 1. City Council accepts the resignation of Ann James, Councilmember, Ward Four.
SECTION 2. A special election of the City of Huntsville, prescribed by Section 4.19 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 16th day of January, 1999, in the City for the purpose
of electing a Councilmember for the unexpired term of Ward 4.
SECTION 3. Ward 4 is hereby divided into two (2) election precincts. The polling places and
election officials for these election precincts shall be as follows:
Precinct Polling Place Judge /Alternate Judge
205, Ward 4 Elkins Lake Recreation Corp. Lee Howard/
634 Cherry Hills Otis Goss
401, Ward 4 Second Baptist Church Velma Coleman/
720 South Sam Houston Avenue Coralie Blount
SECTION 4. 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.
SECTION 5. One Councilmember shall be selected from Ward 4 of the City by a majority of
the registered voters of Ward 4 of the City. The Councilmember shall be selected
for the unexpired term of Ann James, for Councilmember Ward 4 of the City.
The Councilmember elected shall hold office for the remainder of the unexpired
term.
SECTION 6. The Councilrnember shall be a citizen of the United States, a qualified and
registered voter of the State of Texas, a resident 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 or her 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 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 MayorlCouncilmember, swear that I will support and defend the
constitution and laws of the United States and of the State of Texas." Such
application must be filed with the Mayor or City Secretary not later than 5:00 p.m.
of the 31st day before election day.
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
Special Election
City of Huntsville, Texas
January 16, 1999
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, Ward Number Four (Vote for one)
❑ (candidates' name)
❑ (candidates' name)
SECTION 9. City Secretary, Danna Welter, is hereby appointed as Early Voting Clerk, and
the City Hall, 1212 Avenue M, Huntsville, Texas 77340 is hereby designated as
the place for early voting for the election. During the lawful early voting period,
such clerk shall keep such place for early voting open for early voting from 8:00
a.m. to 5:00 p.m. on each day except Saturdays, Sundays, and official state
holidays.
SECTION 10. James Mathis is hereby appointed as the presiding judge of the early ballot board,
and is hereby directed to perform the duties required of such by Chapter 87 of
the Texas Election Code.
SECTION 11. 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 twenty -five (25)
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 (20) 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 (20) 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 12. This ordinance shall take effect from and after its passage.
PASSED AND APPROVED this 17th day of November, 1998.
THE CI Y OF HUN VILLE
__g 'J
William B. Green, Mayor