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ORD 1994-38 - Order Municipal Election For 1-21-95 10-11-1994ORDINANCE NO. 94-38 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 21ST DAY OF JANUARY, 1995, 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; PROVIDING FOR ELECTION OFFICERS; 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 21st day of January, 1995, 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). 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: Precinct Polling Place 101 102, and that part of Ward 1 north of FM 2821 and east of Rosenwall Rd., and that part of 103 in the City, and that part of 104 in the City, and that part of 204 in the City and north of Highway 30, and that part of 302 in the City and west of Highway Loop 19. 201, and that part of 204 in the City and south of Highway 30 and north or west of FM 1374. 205, and that part of 204 in the City and southeast of F.M. 1374 206 301, and that part of 302 in the City and east of Hwy. Loop 19, and that part of 402 in the City and north of Old Phelps Rd. First Baptist Church 1530 10th Street Walker County Courthouse 1100 University Avenue First Presbyterian Church 1801 19th Street Elkins Lake Recreation Corp. 634 Cherry Hills Region VI Education Building 3332 Montgomery Rd. (FM 1374) Martin Luther King Center 300 Avenue F 401, and that part of 402 in the Second Baptist Church City and south of Old Phelps Rd. 720 South Sam Houston Avenue Judge /Alternate Judge Wanda Horton/ James Hartston Lillian Nimmo/ Elizabeth Olm Betty Dunlap/ John Holcombe Lou Howard/ Lee Howard Mary Jeanne Coers/ David Burris Russell Martinez/ Betty Haynes Doug Shearer/ Delora King 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 6. The Mayor and 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 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 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, Articles 5996a through 5996g of the Texas Revised Statutes; 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 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 January 21, 1995 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 Number One ❑ (candidates' name) ❑ (candidates' name) Councilmember, Ward Number Two ❑ (candidates' name) ❑ (candidates' name) Councilmember, Ward Number Three El (candidates' name) ❑ (candidates' name) Councilmember, Ward Number Four ❑ (candidates' name) ❑ (candidates' name) (Vote for one) (Vote for one) (Vote for one) (Vote for one) SECTION 9. City Secretary, Danna Welter, is hereby appointed as Early Voting Clerk, and the SECTION 10. 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. 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 11th day of October, 1994. THE CITY OF HUNTSVILLE Sri ,i W. H. Hodges, Ma ATTEST: Darma Welter, City Secretary APPROVED AS TO FORM: Scottl3ounds, City Attorney