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ORD 2005-03 - Call Election May 7, 2005 [02-01-2005]ORDINANCE NO. 2005 -03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 7TH DAY OF MAY, 2005, 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; 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 7th day of May, 2005, in the City for the purpose of electing a Mayor at -large and four Councilmembers, one from each of the City's four wards: (1) one, (2) two, (3) three and (4) four. SECTION 2. The City is hereby divided into seven (7) election precincts. The polling places for these election precincts shall be as follows (using election precinct lines effective after January 21, 2003): Precinct Polling Place lace 101, Ward 3 First Baptist Church 1530 10th Street 102, Ward I Walker County Courthouse 1100 University Avenue 201, Ward 2 First Presbyterian Church 1801 19`" Street 205, Ward 4 Elkins Lake Rec. Corp. 634 Cherry Hills 206, Ward 2 Region VI Education Building 3332 Montgomery Rd. /FM 1374 301, Ward 3 Martin Luther King Center 300 Avenue F 401, Ward 4 Second Baptist Church 720 South Sam Houston Ave. 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 to be 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 or place 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 Councilmember, swear that I will support and defend the constitution and laws of the United States and of the State of Texas." Such application may be filed with the Mayor or City Secretary beginning �on the 91 st day before the election and must be filed not later than 5:00 p.m. on the 61st 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 May 7, 2005 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 (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 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 main 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. Diane Keough 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 thirty (30) 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 -one (21) 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 -one (2 1) 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 1st day of February 2005. THE CITY OF HUNTSVILLE —Ad-" 4MQ_ 4 Steed Smith, Mayor Pro Tern ATTEST: i Danna Welter, City Secretary AP OVED: G0� Thomas A. Leep r, City Attorney