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ORD 1989-32 - Calls Election 01-20-90, Four Council Members at Large 10-24-1989zt ORDINANCE NO. 89 -$2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 20TH DAY OF JANUARY, 1990, FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S AT -LARGE POSITIONS ONE, TWO, THREE AND FOUR; PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID 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 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 20th day of January, 1990, in the City for the purpose of electing four Councilmembers, one from each of the City's four at -large positions one, two, three and four. Section 2. The City is hereby divided into nine (9) election precincts, each such precinct to have the same boundaries as County election precinct numbers 101, 102, 105, 201, 202, 206, 301, 306, and 401. The polling places and election officials for these election precincts shall be as follows: Election Precinct Polling Place Officials No. 101 Fire Station #2 Betty Dunlap 2109 Sam Houston Avenue Judge and Pres. Officer Jeanne P. Young Alternate Judge No. 102 Walker County Courthouse Lillian Nimmo 1100 University Ave. Judge and Pres. Officer No. 105 No. 201 Betty Olm Alternate Judge First Baptist Church Elnora Hudley 1530 10th Street Judge and Pres. Officer Ethel Wilson Alternate Judge Holiday Inn W. P. McLaughlin 1407 Interstate 45 Judge and Pres. Officer Josephine Burger Alternate Judge No. 202 No. 206 No. 301 No. 306 No. 401 First Presbyterian Church John Holcombe 1801 19th Street Judge and Pres. Officer Joan Summers Alternate Judge Education Service Center Charles Luning Region VI Judge and Pres. Officer 3332 Possum Walk Road (Montgomery Road /FM 1374) Barbara Luning Alternate Judge Martin Luther King Neighborhood Center (Emancipation Park) 300 Avenue F Faith Memorial Baptist Church 314 16th Street Walker County Appraisal District Office 1819 Sycamore Avenue Becky Abbott Judge and Pres. Officer Bill Abbott Alternate Judge Joe Martinez Judge and Pres. Officer Naomi Juarez Alternate Judge Sherrell Goodrow Judge and Pres. Officer Thelma Loving Alternate Judge 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. One Councilmember shall be selected from each of the respective at -large position numbers one (1), two (2), three (3) and four (4) of the City by a majority vote of the registered voters residing within the City. The Councilmember to be elected shall hold office for a period of two (2) years. Section 5. Each of the four Councilmembers shall be citizens of the United States, qualified voters of the State of Texas, residents within the present corporate limits of Huntsville for at least twelve months, and current in payment of taxes and assessments due to the City. • • Section 6. 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; be signed and sworn to by the candidate and indicate the date that the candidate swears to the application and include: the candidate's name; the candidate's occupation; the office sought, including any place number or other distinguishing number; 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 their 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 City as of the date the candidate swears to the application; and the statement: "I, , of Walker County, Texas, being a candidate for the office of Councilmember, swear that I will support and defend the constitution and laws of the United States and of the State of Texas. I am aware of the nepotism law, article 5996a through 5996g Texas Revised Civil Statutes. I am further aware of the State conflicts of interest law, Texas Local Government Code chapter 171, and the provision of the City Charter of the City of Huntsville pertaining to personal interests in contracts and nepotism, sections 14.09 and 14.10." 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 7. 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, TEXAS ELECTION CODE. The form of the ballot for said election shall be as follows: OFFICIAL BALLOT GENERAL ELECTION CITY OF HUNTSVILLE, TEXAS JANUARY 20, 1990 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 Number One (Vote for one) 18 Councilmember, At -Large Position Number Two (Vote for one) Councilmember, At -Large Position Number Three (Vote for one) Councilmember, At -Large Position Number Four (Vote for one) Section 8. City Secretary, Ruth DeShaw, is hereby appointed as the Clerk of Absentee Voting, and the Office of the City Secretary City Hall 1212 Avenue M Huntsville, Texas 77340 is hereby designated as the place for absentee voting for the election. During the lawful absentee voting period, such clerk shall keep such place for absentee voting open for absentee voting from 8:00 A.M. to 12:00 Noon and from 1:00 P.M. to 5:00 P.M. on each day except Saturdays, Sundays, and official state holidays. Section 9. Suler E. Ryan is hereby appointed as the presiding judge of the Absentee Ballot Board, and is hereby directed to perform the duties required of such by chapter 87 of the TEXAS ELECTION CODE. Section 10. An election judge or clerk shall be entitled to compensation for services rendered at a precinct polling place at an hourly rate not to exceed $5.00. TEXAS ELECTION CODE section 32.091. The election judge or clerk who delivers the precinct election records, election equipment and unused election supplies after an election shall be entitled to compensation for that service in an amount not to exceed $25.00; provided, however, that the presiding judge shall determine how the amount fixed for service is to be allocated if more than one person delivers the records, equipment and unused supplies. TEXAS ELECTION CODE section 32.092. i9 • • Section 11. Any person paid as an election judge or clerk must attend a school of instruction offered by the City prior to the election. TEXAS ELECTION CODE section 32.111. Section 12. The Mayor and City Secretary are hereby directed to give notice of said 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 said election; and (d) by posting at City Hall and the Walker County Courthouse bulletin boards notice of said elections at least twenty (20) days before said 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 notice shall take effect from and after its passage. PASSED AND APPROVED this ��, /T/I day of CIW1Q4_� , 1989. ATTEST: h DeShaw, City Secretary APPRO ED AS TO FORM: Sco t City Attorney THE CITY OF HUNTSVILLE By ao Mond.y, Mayor