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ORD 1996-18 - Order Municipal Election - [1-18-97] 10-15-1996ORDINANCE NO. 96-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 18TH DAY OF JANUARY, 1997, FOR THE PURPOSE OF ELECTING A MAYOR AT- LARGE, FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR WARDS, ONE, TWO, THREE AND FOUR; AND ONE COUNCILMEMBER FOR AT -LARGE POSITION 3; PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. WHEREAS Walker County has adopted new precinct lines effective November 6, 1996; and WHEREAS The City desires to use those precinct lines adopted by the County; 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 18th day of January, 1997, in the City for the purpose of electing a Mayor at -large and four Councilmembers, one from each of the City's four wards, one (1), two (2), three (3) and four (4), and one Councilmember at -large for the unexpired term of At -Large Position Three. SECTION 2. The City is hereby divided into seven (7) election precincts. The polling places and election officials for these election precincts shall be as follows (using election precinct lines effective after November 6, 1996): 101, Ward 3 First Baptist Church James Hartson 1530 10th Street Deloris Griffin 102, Ward 1 Walker County Courthouse Lillian Nimmo/ 1100 University Avenue Elizabeth Olm 201, Ward 2 First Presbyterian Church Betty Dunlap/ 1801 19th Street John Holcombe 205, Ward 4 Elkins Lake Recreation Corp. Lou Howard/ 634 Cherry Hills Lee Howard 206, Ward 2 Region VI Education Building Mary Jeanne Coers/ 3332 Montgomery Rd. (FM 1374) David Burris 301, Ward 3 Martin Luther King Center Betty Haynes/ 300 Avenue F Ila Martinez 401, Ward 4 Second Baptist Church Velma Coleman/ 720 South Sam Houston Avenue Coralie Blount 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. SECTION 4. A Mayor shall be selected for the City at -large by a majority vote of the registered voters of the city. The Mayor elected shall hold office for a period of two (2) years. SECTION 5. One Councilmember shall be selected from each of the respective ward numbers one (1), two (2), three (3) and four (4) of the City by a majority vote of the registered voters residing within that ward. The Councilmembers elected shall hold office for a period of two (2) years. SECTION G. One Councilmember shall be selected for the City at -large by a majority of the registered voters of the City. The Councilmember elected shall hold the office for the unexpired term of Andrew Holmes, for Councilmember At -Large Position 3. SECTION 7. The Mayor and each of the five 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 8. 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 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 Mayor / Councilmember, 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 45th day before election day. SECTION 9. 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: Councilmember, Ward Number One (Vote for one) ❑ (candidates' name) ❑ (candidates' name) Councilmember, Ward Number Two (Vote for one) ❑ (candidates' name) ❑ (candidates' name) Councilmember, Ward Number Three (Vote for one) ❑ (candidates' name) ❑ (candidates' name) OFFICIAL BALLOT Regular Election City of Huntsville, Texas January 18, 1997 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, At -Large Position Three (Vote for one) ❑ (candidates' name) ❑ (candidates' name) Councilmember, Ward Number One (Vote for one) ❑ (candidates' name) ❑ (candidates' name) Councilmember, Ward Number Two (Vote for one) ❑ (candidates' name) ❑ (candidates' name) Councilmember, Ward Number Three (Vote for one) ❑ (candidates' name) ❑ (candidates' name) Councilmember, Ward Number Four (Vote for one) ❑ (candidates' name) ❑ (candidates' name) SECTION 10. 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 11. 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 12. 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; ° 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 13. This ordinance shall take effect from and after its passage. PASSED AND APPROVED this 15th day of October, 1996. THE CITY OF HUNTS V LE William B. Green, Mayor ATTEST: (o� Danna Welter, City Secretary APPROVED: -� /zw ze"'� Scott Bounds, City Attorney AMENDED ORDER OF ELECTION FOR THE CITY OF HUNTSVILLE WHEREAS City Council previously ordered a general and special election to be held on January 18, 1997, for the purpose of electing the Mayor at -large and four Councilmembers from wards 1, 2, 3 and 4, and the Councilmember for the unexpired term of at -large position 3; and WHEREAS the filing deadline for the candidates for Councilmember of the unexpired term of at -large position 3 is different from that for the other positions; NOW, THEREFORE, The application period for the unexpired term of Councilmember at -large position 3 is extended to 5:00 p.m. on December 18, 1996 (the 31st day before the election). ISSUED this the 4th day of December, 1996. CITY OF HUNTSVILLE William B. Green, Mayor ATA ST: 0 Danna Welter, City Secretary APP VED: Cott Bounds, City Attorney