Ordinance No. 12,886ORDINANCE NO. 12,886
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 3RD DAY
OF NOVEMBER, 2015, FOR THE PURPOSES OF (I) AMENDING ARTICLE I
"INCORPORATION; FORM OF GOVERNMENT; CORPORATE AND
GENERAL POWERS," SECTION 3 "POWERS OF THE CITY," SECTION 4
"SPECIAL PROVISION FOR DAMAGE SUITS," AND SECTION 8
"EXTENDING CITY LIMITS UPON PETITION "; ARTICLE II "THE COUNCIL,"
SECTION 13 "QUALIFICATIONS," SECTION 14 "COMPENSATION OF
MEMBERS OF CITY COUNCIL," SECTION 15 "PRESIDING OFFICER;
MAYOR" AND SECTION 16 "VACANCIES IN COUNCIL," SECTION 17
"POWERS," SECTION 24 "APPOINTMENT OF MUNICIPAL JUDGE," AND
SECTION 25 "INDUCTION OF COUNCIL INTO OFFICE; MEETING OF
COUNCIL"; ARTICLE V "THE BUDGET," SECTION 42 "BUDGET A PUBLIC
RECORD" AND SECTION 43 "PUBLICATION OF NOTICE OF PUBLIC
HEARING"; ARTICLE VI "BORROWING FOR CAPITAL IMPROVEMENTS,"
SECTION 58 "BOND ORDINANCE; VOTE REQUIRED "; ARTICLE V
"FINANCE ADMINISTRATION," SECTION 73 "SALE OF CITY PROPERTY;
PROCEDURE" AND SECTION 74 "PURCHASE PROCEDURE "; ARTICLE VIII
"TAX ADMINISTRATION," SECTION 87 "TAXES; WHEN DUE AND
PAYABLE" AND SECTION 89 "TAX LIENS" ARTICLE IX "NOMINATIONS
AND ELECTIONS," SECTION 90 "MUNICIPAL ELECTIONS," SECTION 92
"HOW TO GET NAME ON BALLOT," SECTION 93 "COUNCIL BALLOTS"
AND SECTION 94 "ELECTION OF COUNCILMEN BY MAJORITY "; ARTICLE
X "INITIATIVE, REFERENDUM AND RECALL," SECTION 104 "SUBMISSION
OF ELECTORS" AND SECTION 111 "RECALL ELECTIONS "; AND ARTICLE
XII "GENERAL PROVISIONS," SECTION 126 "PUBLICITY OF RECORDS"
AND SECTION 132 "ZONING ORDINANCES" OF THE CHARTER OF THE
CITY OF BAYTOWN, TEXAS, AND (II) REPEALING ARTICLE V "THE
BUDGET," SECTION 44 "PUBLIC HEARING ON BUDGET" AND SECTION 75
"CONTRACTS FOR CITY IMPROVEMENT "; ARTICLE VIII "TAX
ADMINISTRATION," SECTION 81 "DIVISION OF TAXES" AND SECTION 88
"SEIZURE AND SALE OF PERSONAL PROPERTY" OF THE CHARTER OF
THE CITY OF BAYTOWN, TEXAS; DESIGNATING THE PLACES AND
MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS;
ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN
EARLY VOTING BALLOT BOARD FOR EARLY BALLOTS; PROVIDING FOR
THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That a special election of the City of Baytown, pursuant to Article XII,
Section 138 of the Charter of the City of Baytown, and Sections 41.001 and 41.031 of the Texas
Election Code, shall be held between the hours of seven o'clock (7:00) a.m. and seven o'clock
(7:00) p.m. on the 3`d day of November, 2015, in the City of Baytown, Texas, for the purposes of
voting for or against the proposed amendments set forth herein. If a proposed amendment is
approved by a majority of the qualified voters voting thereon, it shall take effect and become part
of the Charter upon its adoption and the entering of an order by the City Council declaring the
amendment adopted. The election shall be held as a joint election with Harris and Chambers
Counties. The proposed amendments affect only the articles and sections listed below which are
submitted for amendment to read as follows:
PROPOSITION NO. 2
Amending Article I "Incorporation; Form of Government; Corporate and General
Powers," Section 3 "Powers of the city" of the Charter of the City of Baytown, Texas, to read as
follows:
Sec. 3. Powers of the city.
The city shall have all the powers granted to municipal corporations and to cities by
the constitution and laws of the state of Texas together with all the implied powers
necessary to carry into execution all the powers granted. The city may:
a. acquire property within or without its corporate limits for any municipal
purpose in fee simple or any lesser interest or estate, by purchase, gift,
devise, lease, or condemnation,
b. may sell, lease, mortgage, hold, manage and control such property as its
interests may require;
C. exercise all municipal powers, functions, rights, privileges and immunities
of every name and nature whatsoever;
d. use a corporate seal; ;
e. contract and be contracted with;
f. acquire, conduct, own, levy and collect taxes for general and specific
purposes on all the subjects or objects which the city may lawfully tax;
g. borrow money on the faith and credit of the city by the sale or issue of
bonds, warrants, or notes of the city;
h. appropriate the money of the city for all lawful purposes;
i. create, provide for, construct, regulate, and maintain public works and
improvements;
j. levy and collect assessments for public improvements;
k. license any business, occupation, profession or trade;
1. define, prohibit, abate, suppress, and prevent all things detrimental to the
health, morals, comfort, safety, convenience, and welfare of the inhabitants
of the city, and all nuisances and causes of nuisances;
M. regulate the construction, height, maintenance, occupancy, and the material
used in all buildings;
n. regulate and control the use of the streets;
o. cooperate with the government of the state of Texas or any agency thereof,
the Federal Government or any agency thereof, or any political subdivision
of the State of Texas, to accomplish any lawful purpose for the
advancement of the interest, welfare, health, morals, comfort, safety and
convenience of the city or its inhabitants; and
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p. pass ordinances for maintaining and promoting the peace, welfare and
government of the city, and for the performance of the functions thereof.
The enumeration of particular powers by this charter shall not be deemed to be
exclusive, and in addition to the powers enumerated therein or implied thereby, or
appropriate to the exercise of such powers, it is intended that the city of Baytown
shall have, and may exercise, all powers of local self - government, and all powers,
not expressly prohibited by the constitution and laws of the state of Texas
PROPOSITION NO. 3
Amending Article I "Incorporation; Form of Government; Corporate and General
Powers," Section 4 "Special provision for damage suits" of the Charter of the City of Baytown,
Texas, to read as follows:
Sec. 4. Special provision for damage suits.
Before the city shall be liable to damage claim or suit for injury, death or damage,
the city manager must receive notice in writing from the person who is injured or
whose property was damaged or such persons representative within thirty (30)
days after the day that the incident giving rise to the claim occurred. The notice
must identify the claimant, including the claimant's current address and phone
number; describe the alleged injury or damage; state when, where and how the
injury or damage occurred; set forth the extent of the injury or damage as accurately
as possible, including the amount of damages sustained; and give the names and
addresses of all witnesses upon whose testimony such person is relying to establish
the injury or damage. No action at law for damages shall be brought against the city
for injury, death or damage prior to the expiration of sixty (60) days after the notice
hereinbefore described has been filed with the city manager. Nothing in this
section shall be construed to waive the city's sovereign immunity in any respect.
PROPOSITION NO.4
Amending Article I "Incorporation; Form of Government; Corporate and General
Powers," Section 8 "Extending city limits upon petition" of the Charter of the City of Baytown,
Texas, to read as follows:
Sec. 8. Extending city limits upon petition.
When persons owning a majority of the land in area in territory adjacent to
Baytown desire the annexation of such territory to Baytown, they may present a
written petition in accordance with law. The city council after the presentation of
said petition may grant the petition and by ordinance annex such territory to
Baytown in accordance with law and thenceforth the said territory shall be a part of
Baytown, and the inhabitants thereof shall in accordance with law be entitled to
all of the rights and privileges of other citizens and shall be bound by the acts,
ordinances, resolutions and regulations of said city.
PROPOSITION NO. 5
Amending Article II "The Council," Section 13 "Qualifications" of the Charter of the City
of Baytown, Texas, to read as follows:
Sec. 13. Qualifications.
The mayor and each of the six councilmen shall be a citizen of the United States of
America and a qualified voter of the city and shall have resided in the territory from
which the office is elected for at least six months immediately preceding the
election. A member of the council ceasing to possess any of the qualifications
specified in this section, or convicted of a felony while in office, shall immediately
forfeit his office.
PROPOSITION NO. 6
Amending Article II "The Council," Section 14 "Compensation of members of city
council" of the Charter of the City of Baytown, Texas, to read as follows:
Sec. 14. Compensation of members of city council.
(a) The mayor shall receive as compensation for his services the sum of ONE
THOUSAND AND NO/ 100 DOLLARS ($1,000.00) per month.
(b) Each councilman shall receive as compensation for his services the sum of
FIVE HUNDRED AND NO /100 DOLLARS ($500.00) per month.
(c) All members of the city council shall be entitled to all necessary expenses
incurred in the performance of their official duties.
PROPOSITION NO. 7
Amending Article II "The Council," Section 15 "Presiding officer; mayor" and Section 16
"Vacancies in council" of the Charter of the City of Baytown, Texas, to read as follows:
Sec. 15. Presiding officer; mayor.
The mayor shall preside at meetings of the council and shall be recognized as head
of the city government for all ceremonial purposes and by the governor for
purposes of military law, but shall have no regular administrative duties. The
mayor shall be entitled to vote upon all matters considered by the council, but he
shall have no veto power. The council shall elect a mayor pro tem who shall act as
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mayor during the absence or disability of the mayor and, if a vacancy should occur,
shall become mayor until another mayor is appointed or elected in accordance with
section 16 to fill the unexpired term.
Sec. 16. Vacancies in council.
A vacancy in the council shall be filled in accordance with law by a majority vote
of the qualified voters from the single- member district or the city at- large, as
applicable, except that if the remainder of the unexpired term of the vacated office
is twelve (12) months or less, then the council is authorized to fill the unexpired
term by appointment or by holding a special election within one hundred fifty (150)
days after such vacancy occurs if no appointment is made within thirty (30) days of
the vacancy..
PROPOSITION NO. 8
Amending Article II "The Council," Section 17 "Powers" of the Charter of the City of
Baytown, Texas, to read as follows:
Sec. 17. Powers.
All powers of the city and the determination of all matters of policy shall be vested
in the city council. Without limitation of the foregoing and among the other
powers that may be exercised by the council, the following are hereby enumerated
for greater certainty.
(1) Appoint and remove the city manager.
(2) Adopt the budget of the city.
(3) Authorize the issuance of bonds by a bond ordinance.
(4) Inquire into the conduct of any office, department or agency of the city and
make investigations as to municipal affairs.
(5) Establish boards and commissions as required by law or deemed advisable
by the city council and provide the manner for appointment thereto;.
(6) Approve or provide for the approval of subdivision plats.
(7) Adopt and modify the official map of the city.
(8) Adopt, modify, and carry out plans for the clearance of slum districts and
rehabilitation of blighted areas.
(9) Adopt, modify and carry out plans for the replanning, improvement and
redevelopment of neighborhoods and for the replanning, reconstruction or
redevelopment of any area or district which may have been destroyed in
whole or in part by disaster.
PROPOSITION NO. 9
Amending Article II "The Council," Section 24 "Appointment of municipal judge" of the
Charter of the City of Baytown, Texas, to read as follows:
Sec. 24. Appointment of municipal judge.
A judge shall be appointed by the city council to serve for a term of two years. He
may be removed for incompetency, misconduct, or malfeasance. He shall receive
such compensation as may be fixed by the council from time to time. The judge
shall be the judge of the municipal court which shall have the jurisdiction and shall
be conducted in the manner prescribed and authorized by law. All costs and fines
imposed by the municipal court, or by any court in cases appealed from judgments
of the municipal court, shall be paid into the city treasury for the use and benefit of
the city.
PROPOSITION NO. 10
Amending Article II "The Council," Section 25 "Induction of council into office; meeting
of council" of the Charter of the City of Baytown, Texas, to read as follows:
Sec. 25. Induction of council into office; meetings of council.
The regular municipal election shall be held on the applicable uniform election
date, unless another date is established by law. After canvassing the results of the
election, the council shall meet at the usual place for holding meetings, and the
newly - elected members shall qualify and assume the duties of office. Thereafter,
the council shall meet regularly at such times as may be prescribed by its rules but
not less frequently than once each month. All meetings of the council shall be open
to the public, except as authorized by law; special meetings shall be called by the
city clerk upon request of the mayor, city manager or three members of the council.
PROPOSITION NO. 11
Amending Article V "The Budget," Section 42 "Budget a public record" and Article XII
"General Provisions," Section 126 "Publicity of records" of the Charter of the City of Baytown,
Texas, to read as follows:
Sec. 42. Budget a public record.
The budget and budget message and all supporting schedules shall be a public
record maintained in the office of the city clerk open to public inspection in
accordance with law.
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Sec. 126. Publicity of records.
All records and accounts of every office, department or agency of the city shall be
open to the public unless otherwise expressly provided by law.
PROPOSITION NO. 12
Repealing Article V "The Budget," Section 44 "Public hearing on budget' of the Charter of
the City of Baytown, Texas, in its entirety and amending Article V "The Budget," Section 43
"Publication of notice of public hearing" of the Charter of the City of Baytown, Texas, and
renaming the same as section 43 "Public hearing and publication of notice," and amending such
section to read as follows:
Sec. 43. Public hearing and publication of notice.
A public hearing on the proposed budget shall be held and published in accordance
with law.
PROPOSITION NO. 13
Amending Article VI "Borrowing for Capital Improvements," Section 58 "Bond
ordinance; vote required" of the Charter of the City of Baytown, Texas, by renaming the same as
Section 58 "Debt issuance; vote required," and amending such section to read as follows:
Sec. 58. Debt issuance; vote required.
The city shall authorize the issuance of bonds by a 'Bond Ordinance" passed by the
affirmative votes of the majority of all members of its council. Revenue bonds
may be issued by the council in accordance with law. The issuance of general
obligation bonds must be approved by a majority of the qualified voters voting at an
election called for that purpose.
PROPOSITION NO. 14
Amending Article V "Finance Administration," Section 73 "Sale of city property;
procedure" of the Charter of the City of Baytown, Texas, to read as follows:
Sec. 73. Sale of city property; procedure.
Before the city makes any sale or contract for the sale of any property belonging to
the city, either in the form of land, real estate or other properties, opportunity shall
be given for competition in compliance with law.
PROPOSITION NO. 15
Repealing Article V "Finance Administration," Section 75 "Contracts for city
improvement" of the Charter of the City of Baytown, Texas, in its entirety and amending Article V
"Finance Administration," Section 74 "Purchase procedure" of the Charter of the City of Baytown,
Texas, to read as follows:
Sec. 74. Purchase Procedure.
Before the city makes any purchase or contract for supplies, materials, equipment,
or contractual services, opportunity shall be given for competition in compliance
with law. The director of finance shall have authority to make expenditures
without the approval of the city council for all budgeted items, except those for
which competition is required by law.
PROPOSITION NO. 16
Repealing Article VIII "Tax Administration," Section 81 "Division of taxes" of the Charter
of the City of Baytown, Texas, in its entirety.
PROPOSITION NO. 17
Amending Article VIII "Tax Administration," Section 87 "Taxes; when due and payable"
of the Charter of the City of Baytown, Texas, to read as follows:
Sec. 87. Taxes; when due and payable.
All taxes due the city are due upon receipt of the tax bill and are delinquent if not
paid before February 1 of the year following the year in which the tax was imposed.
All taxes not paid prior to such date shall be subject to penalties and interest as
prescribed by law.
PROPOSITION NO. 18
Repealing Article VIII "Tax Administration," Section 88 "Seizure and sale of personal
property" of the Charter of the City of Baytown, Texas, in its entirety.
PROPOSITION NO. 19
Amending Article VIII "Tax Administration," Section 89 "Tax liens" of the Charter of the
City of Baytown, Texas, to read as follows:
Sec. 89. Tax liens.
The tax levied by the city is hereby declared to be a lien, charge, or encumbrance
upon the property upon which the tax it due, which lien, charge, or encumbrance
the city is entitled to enforce and foreclose in accordance with law.
PROPOSITION NO. 20
Amending Article IX "Nominations and Elections," Section 90 "Municipal elections," and
Section 94 "Election of councilmen by majority" and Article X "Initiative, Referendum and
Recall," Section 104 "Submission of electors" and Section 111 "Recall elections" of the Charter of
the City of Baytown, Texas, to read as follows:
Sec. 90. Municipal elections.
The regular municipal election for the choice of members of the council as
provided in Article II, Section 12, shall be held each year on a state uniform
election date in accordance with law. The council may order a special election, fix
the time for holding same, and provide all means for holding such special elections.
Sec. 94. Election of councilmen by majority.
At the regular municipal election the candidates for the office of councilman, to the
number to be elected, and for the office of mayor, who shall have received the
majority of votes cast in such elections shall be declared elected.
Should any candidate fail to receive a majority of votes at the regular election for
the office for which he is a candidate, the council shall order a special election to be
held at the time and manner prescribed by law.
Sec. 104. Submission of electors.
If the council shall fail to pass an ordinance proposed by initiative petition, or shall
pass it in a form different from that set forth in the petition therefor, or if the council
fails to repeal a referred ordinance, the proposed or referred ordinance shall be
submitted to the electors at the next regular municipal election after the date the
council takes its final vote thereon; provided, however, that the statutory
prerequisites can be met.
Sec. 111. Recall election.
The city clerk shall at once examine the recall petition and if he finds it sufficient
and in compliance with the provisions of this article of the charter, he shall within
five (5) days submit it to the city council with his certificate to that effect and notify
the officer sought to be recalled of such action. If the officer whose removal is
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sought does not resign within five (5) days after such notice, the city council at the
next regular meeting shall thereupon order and fix a date for holding a recall
election. Any such election shall be held at the next regular municipal election after
the petition has been presented to the city council provided, however, that the
statutory prerequisites can be met.
PROPOSITION NO. 21
Amending Article IX "Nominations and Elections," Section 92 "How to get name on
ballot" of the Charter of the City of Baytown, Texas, to read as follows:
Sec. 92. How to get name on ballot.
Any qualified voter of the city who is otherwise qualified may have his name
printed upon the official ballot for the particular office at any election by filing his
sworn application with the city clerk within the time period provided by law.
PROPOSITION NO. 22
Amending Article IX "Nominations and Elections," Section 93 "Council ballots" of the
Charter of the City of Baytown, Texas, to read as follows:
Sec. 93. Council ballots.
The names of all candidates for mayor or the council as hereinbefore provided,
except such as may have withdrawn, died or become ineligible, shall be printed on
the official ballots without party designations. If two or more candidates for the
same office have the same or similar surnames, each of those candidates may have
printed on the ballot a brief distinguishing description or title in accordance with
law. The order of the names on the ballot shall be determined by lot.
PROPOSITION NO. 23
Amending Article XII "General Provisions," Section 132 "Zoning ordinances" of the
Charter of the City of Baytown, Texas, to read as follows:
Sec. 132. Zoning ordinances.
For the purpose of promoting the health, safety, morals or general welfare of the
city, all of the powers granted by V.T.C.A., Local Government Code §§ 211.001, et
seq., together with existing amendments and all amendments as hereinafter may be
made relating to zoning in cities, are hereby adopted and made a part of this charter.
Section 2: That the propositions specified in Section 1 hereof shall be presented to the
City at large and the propositions shall be submitted in accordance with law.
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Section 3: That the form of the ballot for said election shall be substantially as follows:
OFFICIAL BALLOT
PROPOSITION NO. 2
[] FOR The amendment of Article "Incorporation; Form of
Government; Corporate and General Powers," Section 3
[] AGAINST "Powers of the city" of the Charter of the City of Baytown,
Texas, to update the powers of the city to conform to state law.
PROPOSITION NO. 3
The amendment of Article I "Incorporation; Form of
Government; Corporate and General Powers," Section 4
[] FOR "Special provision for damage suits" of the Charter of the City
of Baytown, Texas, to modify the time period that the City is
[] AGAINST entitled to receive notice of a claim against it, to describe in
detail what must be included in the notice, and to conform the
statute of limitations for claims to state law.
PROPOSITION NO.4
The amendment of Article I "Incorporation; Form of
[] FOR Government; Corporate and General Powers," Section 8
"Extending city limits upon petition" of the Charter of the
[] AGAINST City of Baytown, Texas, to conform the requirements of
annexation upon a petition to state law.
PROPOSITION NO. 5
The amendment of Article II "The Council," Section 13
"Qualifications" of the Charter of the City of Baytown, Texas,
[] FOR to conform the qualifications for office to state and federal law
by decreasing the residency requirement to six months, by
[] AGAINST requiring the candidate to be a registered voter of the city, and
by removing the tax requirement that a candidate not be
delinquent in taxes.
PROPOSITION NO. 6
The amendment of Article II "The Council," Section 14
"Compensation of members of city council" of the Charter of
[] FOR the City of Baytown, Texas, to compensate the members of
AGAINST the City Council as follows:
[]
Mayor . ............................... $1,000 /month
Council Members ................. $500 /month
PROPOSITION NO. 7
The amendment of Article II "The Council," Section 15
"Presiding officer; mayor" and Section 16 "Vacancies in
council' of the Charter of the City of Baytown, Texas, to
allow the City Council for a vacancy of twelve (12) months or
[] FOR less, to either:
(i) to appoint a person to fill a vacancy if the
[] AGAINST appointment is made within 30 days of a
vacancy or
(ii) to hold an election to fill a vacancy within 150
days of a vacancy.
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PROPOSITION NO. 8
The amendment of Article II "The Council," Section 17
[] FOR "Powers" of the Charter of the City of Baytown, Texas, to
remove obsolete language concerning dividing the city into
[] AGAINST districts, to remove powers that are addressed elsewhere in the
charter, and to update the language to reflect current practices
performed in accordance with state law.
PROPOSITION NO. 9
The amendment of Article II "The Council," Section 24
[] FOR "Appointment of municipal judge" of the Charter of the City
of Baytown, Texas, to update the title of the judge of the
[] AGAINST municipal court and to conform the appointment of the court
clerk to state law.
PROPOSITION NO. 10
The amendment of Article II "The Council," Section 25
[] FOR "Induction of council into office; meeting of council" of the
Charter of the City of Baytown, Texas, to update the uniform
[] AGAINST election date and to reduce the number of council members
necessary to call a special meeting in order to conform to state
law.
PROPOSITION NO. 11
The amendment of Article V "The Budget," Section 42
[] FOR "Budget a public record" and Article XII "General
Provisions," Section 126 "Publicity of records" of the Charter
[] AGAINST of the City of Baytown, Texas, to conform the public's access
to records and cost of copies to state law.
PROPOSITION NO. 12
The repeal of Article V "The Budget," Section 44 "Public
hearing on budget" of the Charter of the City of Baytown,
Texas, in its entirety and the amendment of Article V "The
[] FOR Budget," Section 43 "Publication of notice of public hearing"
of the Charter of the City of Baytown, Texas, and renaming
[] AGAINST the same as section 43 "Public hearing and publication of
notice," and amending such section to conform the
requirements for public hearings and for the public
availability of the budget to state law.
PROPOSITION NO. 13
The amendment of Article VI "Borrowing for Capital
[] FOR Improvements," Section 58 "Bond ordinance; vote required"
of the Charter of the City of Baytown, Texas, to delete
[] AGAINST outdated references to state law and to remove invalid voter
restrictions in order to conform to state law.
PROPOSITION NO. 14
[] FOR The amendment of Article V "Finance Administration,"
Section 73 "Sale of city property; procedure" of the Charter of
[] AGAINST the City of Baytown, Texas, to conform the procedure for
selling city property to state law.
[] FOR PROPOSITION NO. 15
The repeal of Article V "Finance Administration," Section 75
[] AGAINST "Contracts for city improvement" of the Charter of the City of
Baytown, Texas, in its entirety and the amendment of Article
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V "Finance Administration," Section 74 "Purchase
procedure" of the Charter of the City of Baytown, Texas, to
conform the purchasing procedures of the city to state law.
PROPOSITION NO. 16
The repeal of Article VIII "Tax Administration," Section 81
[] FOR "Division of taxes" of the Charter of the City of Baytown,
Texas, in its entirety to remove the obsolete section dealing
[] AGAINST not only with a division of tax in the finance department but
also with an in -house tax assessor collector.
PROPOSITION NO. 17
[] FOR The amendment of Article VIII "Tax Administration,"
Section 87 "Taxes; when due and payable" of the Charter of
[] AGAINST the City of Baytown, Texas, to conform the collection and
delinquency of taxes to state law.
PROPOSITION NO. 18
[] FOR The repeal of Article VIII "Tax Administration," Section 88
"Seizure and sale of personal property" of the Charter of the
[] AGAINST City of Baytown, Texas, in its entirety to remove the obsolete
requirements concerning the seizure of personal property.
PROPOSITION NO. 19
[] FOR The amendment of Article VIII "Tax Administration,"
Section 89 "Tax liens" of the Charter of the City of Baytown,
[] AGAINST Texas, to conform tax liens of the city to state law.
PROPOSITION NO. 20
The amendment of Article IX "Nominations and Elections,"
Section 90 "Municipal elections" and Section 94 "Election of
[] FOR councilmen by majority" and Article X "Initiative,
Referendum and Recall," Section 104 "Submission of
[] AGAINST electors" and Section 111 "Recall elections" of the Charter of
the City of Baytown, Texas, to require elections be held on a
uniform election date after all perquisites have been satisfied
and to conform the runoff election process to state law.
PROPOSITION NO. 21
[] FOR The amendment of Article IX "Nominations and Elections,"
Section 92 "How to get name on ballot" of the Charter of the
[] AGAINST City of Baytown, Texas, to update the process by which
names are included on the ballot to state law.
PROPOSITION NO. 22
[] FOR The amendment of Article IX "Nominations and Elections,"
Section 93 "Council ballots" of the Charter of the City of
[] AGAINST Baytown, Texas, to conform order and names of candidates on
ballots to state law.
PROPOSITION NO. 23
[] FOR The amendment of Article XII "General Provisions," Section
132 "Zoning ordinances" of the Charter of the City of
[] AGAINST Baytown, Texas, to update outdated statutory references and
to rely on state law for the city's zoning authority.
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Section 4: The City Council finds and declares that each proposition stated hereinabove is
confined to one subject and that the propositions are submitted to enable the qualified voters to
vote on each amendment separately.
Section 5: That the election called in Section 1 hereof shall be held as a joint election
with Harris County and Chambers County pursuant to the joint election agreement to be entered
into with each county.
Section 6: That the City shall use the polling places along with election officials for the
municipal election ordered in Section 1 hereof as designated by Harris County and Chambers
County.
Section 7: Direct recording electronic (DRE) equipment shall be used for voting at the
designated election precincts, and electronic counting devices and equipment shall be used for
counting the ballots at the election.
Section 8: Each qualified voter who desires to cast an early vote shall be entitled to an
official ballot and the right to cast such ballot in accordance with the provisions of the Texas
Election Code. Early voting will be conducted by the Early Voting Clerks at the places designated
by Harris County and Chambers County. Direct recording electronic (DRE) equipment shall be
used for early voting by personal appearance. Early voting by personal appearance shall
commence on October 19, 2015, and end on October 30, 2015, in accordance with the schedules
adopted by Harris and Chambers Counties.
Direct recording electronic (DRE) equipment shall be used for early voting by mail in
Harris County and Opti Scan mail ballots shall be used for early voting by mail in Chambers
County. Applications for ballots to be voted by mail should be mailed to:
Stan Stanart
Harris County Clerk
Attn: Elections Division
P.O. Box 1148
Houston, TX 77251 -1148
Heather Hawthorne
Chambers County Clerk
P.O. Box 728
Anahuac, Texas 77514
Section 9: The Central Counting Stations to receive and tabulate voted ballots shall
be at the locations designated by Harris and Chambers Counties.
Section 10: That the special election shall be held in accordance with, and shall be
governed by, the election laws of the State of Texas. In the special election, the Mayor and the
City Clerk of the City of Baytown shall do and perform each act as required to be done and
performed respectively by the County Judge and the County Clerk of the Commissioners' Court.
The notice of this election shall be given by posting a substantial copy of this election ordinance at
City Hall and at three other places in the City, not later than the 21" day prior to the date set for
the election; and a substantial copy of this election ordinance also shall be published once in a
newspaper of general circulation published in the City, the date of the first publication to be not
more than 30 days and not less than 10 days prior to the date set for the election. Notice of the
Election shall also be provided to the Harris County Clerk not later than the 601h day before the
date of the election ordered herein.
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Section 11: The City Clerk is further authorized to give or cause to be given notices
required for the election, and to take such other and further action as is required to conduct the
election in compliance with the Texas Election Code.
Section 12: In all matters relating to the ordering, giving notice, and holding the
election, the City shall comply with the applicable parts of the Texas Election Code, including
particularly Chapter 272 of the Texas Election Code pertaining to bilingual requirements, and the
Federal Voting Rights Act of 1965, as amended.
Section 13: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmativ Vote of the City Council of the
City of Baytown on this the 25th day of June, 2015.
ST.LPHEN H. DONCARLOS,
A ST:
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LETICIA BRYSCH, Clerk �t��= ; ,�
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APPROVED AS TO FORM:
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ACIO RAMIREZ, SR., C ty t orney
R:\Kared,Files'City Council'. Ordinances\2015Vune 25`•. CallingCharterElectionNovember2015 .docx
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