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ORD 2000-11 - Special Election 05-23-2000ORDINANCE NO. 2000-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS; ORDERING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 12TH DAY OF AUGUST, 2000, FOR THE PURPOSE OF ELECTING A COUNCILMEMBER FOR THE UNEXPIRED TERM OF COUNCILMEMBER, WARD FOUR; PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. WHEREAS Steed Smith was elected to Councilmember At- Large, Position Ion May 6, 2000, thereby vacating his Councilmember Ward Four seat; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1. A special election of the City of Huntsville, prescribed by Section 4.19 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 12th day of August, 2000, in the City for the purpose of electing a Councilmember for the unexpired term of Ward 4. SECTION 2. Ward 4 is hereby divided into two (2) election precincts. The polling places and election officials for these election precincts shall be as follows: Precinct 205, Ward 4 401, Ward 4, and those parts of 402 inside the City limits Polling Place Elkins Lake Recreation Corp. 634 Cherry Hills Second Baptist Church 720 South Sam Houston Avenue Zudge /Alternate Judge Kathleen Phillips/ Otis Goss Velma Coleman/ Art Greene 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 Ward Four of the City by a majority vote of the registered voters of Ward Four of the City. The Councilmember shall be selected for the unexpired term of Steed Smith, for Councilmember Ward Four of the City. The Councilmember elected shall hold office for the remainder of the unexpired term. SECTION 5. The Councilmember shall be a citizen of the United States, a qualified and registered voter of the State of Texas, a resident within the present corporate limits of Huntsville for at least twelve months immediately preceding the election, a resident of Ward Number Four, and current in payment of taxes and assessments due to the City. SECTION 6. Any eligible and qualified person may have his or her 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 31st 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 of the Texas Election Code. The form of the ballot for the election shall be as follows: OFFICIAL BALLOT Special Election City of Huntsville, Texas August 12, 2000 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, Ward Number Four (Vote for one) ❑ (candidates' name) ❑ (candidates' name) SECTION 8. 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 9. 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 10. 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 11. This ordinance shall take effect from and after its passage. PASSED AND APPROVED this 23rd day of May 2000. Z)�T"Y O UN ILLE William B. Green, Mayor AT ST: 4DannyaW�elter, City Secretary APPROVED: Paul C. Isham, City Attorney