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Ordinance 2016-11 - Ord. 2016-11 - calling 5-7-16 special election to fill a vacancy - 1-19-16 ORDINANCE NO. 2016-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A MUNICIPAL SPECIAL ELECTION TO FILL A VACANCY TO BE HELD ON THE 7TH DAY OF MAY 2016,FOR THE PURPOSE OF ELECTING A 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 municipal special election to fill a vacancy of the City of Huntsville, prescribed by Section 4.17 of the City Charter,shall be held between the hours of seven(7:00)o'clock am.and seven(7:00)o'clock p.m. on the 7"'day of May 2016,in the City,for the purpose of electing a Councilmember At-Large Position 1. SECTION 2. The City is hereby divided into seven (7) election precincts. The polling places for all election precincts shall be the Walker County Annex, 1301 Sam Houston Avenue,Room 101,Huntsville,Texas,77340. 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, Taxes, for this The City Secretary and Mayor are hereby authorized to perform all duties and take all actions as required by any election agreement(s)and/or the contract(s)for election services that may be authorized by City Council. SECTION 4. A Councilmember At-Large Position 1 shall be selected to hold office for the remainder of the current term. Applications for a place on the ballot shall be accepted from the passage of this ordinance until 5 p.m.on Monday,March 7,2016,in accordance with the Texas Election Code. SECTION 5. The Councilmember At-Large Position 1 shall be a citizen of the United States and a qualified and registered voter of the State of Texas;a resident within the present corporate limits of Huntsville for at least twelve months immediate) preceding the election;and current in payment of taxes and assessments due to the Y P 8 � PaYm City. SECTION 6. The order in which the names of the candidates are to be printed on the ballot shall be determined b a drawing of the Ci Sec as provided b Section 52.094 of the Texas Election Code. Y 8 h'Secretary P Y The form of the ballot for the election shall be as follows: OFFICIAL BALLOT Special Election City of Huntsville,Texas May 7,2016 INSTRUCTION NOTE: Vote for the candidate of your choice in each race by placing an"X"in the square �I beside the candidate's name. j Councilmember At-Large Position 1(Vote for one) 0 (candidate's name) 0 (candidate's name) SECTION 7. Diana L. McRae,the Walker County Election Officer/Tax Assessor-Collector, is the Early Voting Clerk (EVC), and Julie Cooper, Walker County Elections Manager, is appointed Deputy Early Voting Clerk (DEVC)for the joint early voting approved by Commissioners'Court,as with respect to early voting in person and voting by mail,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 "t s 4 be conducted at the times, dates and polling places as provided for in the Walker County 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, April 25 through Tuesday, May 3, 2016; from 3 7:00 a.m.-7:00 p.m.on Tuesday,April 26 and Tuesday, May 3,2016;except official state holidays. !' SECTION 8. The Mayor and City Secretary are hereby directed to give notice of the special election, per EC i 2.026,by: a) causing said notice of such election to be published at least fifteen (15) days prior to the date of such election in the newspaper; b) by filing with the City Secretary, for posting on the City Hall bulletin board, a copy of said notice at least fifteen(15)days before the election;and 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 9. 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 10. That the Mayor and/or the City Secretary of the City of Huntsville are hereby authorized to execute and/or issue,for and 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 11. 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) in carrying out the provisions of this Ordinance, whether or not expressly authorized herein. I 1 SECTION 12. This ordinance shall take effect from and after its passage. PASSED AND APPROVED this 19`h day of January 2016. E CIT Y,OF HUNTSVILLE { 1 n inger,Mayo i A EST: APPROVED AS TO FORM: Le Voodward,City Secreta r ` Le Schneider,City Attorney z AFFP councilmen postidn #1 $ Affidavit of Publication STATE OF TEXAS } COUNTY OF WALKER } SS Rita Haldeman, being duly sworn, says: That he is Publisher of the The Huntsville Item, a daily newspaper of general circulation, printed and published in Huntsville, Walker County, Texas: that the publication, a copy of which is attached hereto, was published in the said newspaper on the following dates: January 26, 2016, April 12, 2016 That said newspaper was regularly issued and circulated on those dates. SIGNED: Publisher 1`t='19; Subscribed to and sworn to me this 12 rday of April 2016. William F. Hamilton, Notary Public, Walker County, Texas My commission expires: April 08, 2019 00010671 00004440 *** LEGALS III *** LEGAL NOTICE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A MUNICIPAL SPECIAL ELECTION TO FILL A VACANCY TO BE HELD ON THE 7TH DAY OF MAY 2016, FOR THE PURPOSE OF ELECTING A COUNCILMEMBER AT -LARGE POSITION 1; DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. UNA ORDENANZA DEL CONSEJO DE LA CIUDAD DE HUNTSVILLE, TEXAS QUE DECRETA LA ELECCION ESPECIAL MUNICIPALE QUE TENDRAN LUGAR EL DIA 7 DE MAYO DEL 2016 CON UNA ELECCION ESPECIAL CON EL PROPOSITO DE ELEGIR EL MIEMBRO DE PLAZA LIBRA POSICION 1 DEL CONSEJO: DESIGNANDO LUGARES Y MODO DE LAS ELECCIONES; Y PROPORCIONANDO EL AVISO Y PUBLICACION DE TAL NOTICIA. Passed & approved by the City Council of Huntsville, Texas on January 19, 2016. Lee Woodward, City Secretary. 1-26,4-12 4 g:;4kf.: WILLIAM F. 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