Ordinance No. 13,026ORDINANCE NO. 13,026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE RESULTS OF THE SPECIAL ELECTIONS HELD
NOVEMBER 3, 2015, CONCERNING (1) THE REAUTHORIZATION OF THE
LOCAL SALES AND USE TAX IN THE CITY OF BAYTOWN AT THE RATE
OF ONE - FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE
FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS, (I0 TWENTY -
TWO (22) PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF
BAYTOWN, TEXAS, AND (III) THE ISSUANCE OF BONDS IN THE AMOUNT
OF TWELVE MILLION FIVE HUNDRED THOUSAND AND NO/] 00 DOLLARS
($12,500,000.00) FOR THE ACQUISITION OF ALL OR A PORTION OF A GOLF
COURSE LOCATED NEAR EVERGREEN ROAD AND ADDITIONAL
PROPERTY IN THE VICINITY OF SAID GOLF COURSE AND THE
CONSTRUCTION, REDEVELOPMENT, RENOVATION, IMPROVEMENT AND
EQUIPMENT OF A PUBLIC GOLF COURSE AND RELATED FACILITIES ON
SAID PROPERTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
WHEREAS, the City Council of the City of Baytown on June 25, 2015, ordered a special
election to be held on November 3, 2015, for the purpose of reauthorizing the local sales and use tax
at a rate of one - fourth of one percent for maintenance and repair of municipal streets; and
WHEREAS, the City Council of the City of Baytown on June 25, 2015, ordered another
special election to be held on November 3, 2015, for the purpose of:
1. Amending
a. Article I
"Incorporation; Form of Government; Corporate and General
Powers,"
Section 3 "Powers of the city";
b. Article I
"Incorporation; Form of Government; Corporate and General
Powers,"
Section 4 "Special provision for damage suits ";
C. Article I
"Incorporation; Form of Government; Corporate and General
Powers,"
Section 8 "Extending city limits upon petition ";
d. Article II
"The Council," Section 13 "Qualifications";
e. Article lI
"The Council," Section 14 "Compensation of members of city
council";
f. Article II "The Council," Section 15 "Presiding officer; mayor" and Section
16 "Vacancies in council";
g. Article II "The Council," Section 17 "Powers ";
h. Article II "The Council," Section 24 "Appointment of municipal judge";
i. Article II "The Council," Section 25 "Induction of council into office;
meeting of council";
j. Article V "The Budget," Section 42 "Budget a public record";
k. Article XII "General Provisions," Section 126 "Publicity of records ";
1. Article V "The Budget," Section 43 "Publication of notice of public hearing"
and renaming the same as section 43 "Public hearing and publication of
notice ";
M. Article VI "Borrowing for Capital Improvements," Section 58 "Bond
ordinance; vote required" and by renaming the same as Section 58 "Debt
issuance; vote required";
n. Article VII "Finance Administration," Section 73 "Sale of city property;
procedure ";
o. Article VII "Finance Administration," Section 74 "Purchase procedure";
p. Article VIII "Tax Administration," Section 87 "Taxes; when due and
payable";
q. Article VIII "Tax Administration," Section 89 "Tax liens";
r. Article IX "Nominations and Elections," Section 90 "Municipal elections ";
S. Article IX "Nominations and Elections," Section 94 "Election of councilmen
by majority ";
t. Article X "Initiative, Referendum and Recall," Section 104 "Submission of
electors";
U. Article X "Initiative, Referendum and Recall," Section 111 "Recall
elections ";
V. Article IX "Nominations and Elections," Section 92 "How to get name on
ballot ";
W. Article IX "Nominations and Elections," Section 93 "Council ballots"; and
X. Article XII "General Provisions," Section 132 "Zoning ordinances"; and
2. Repealing
a. Article V "The Budget," Section 44 "Public hearing on budget ";
b. Article VII "Finance Administration," Section 75 "Contracts for city
improvement";
C. Article VIII "Tax Administration," Section 81 "Division of taxes"; and
d. Article VIII "Tax Administration," Section 88 "Seizure and sale of personal
property"
of the Charter of the City of Baytown, Texas; and
WHEREAS, the City Council of the City of Baytown on August 13, 2015, ordered a special
election to be held on November 3, 2015, for the purpose of issuing bonds in the amount of
TWELVE MILLION FIVE HUNDRED THOUSAND AND NO /I00 DOLLARS ($12,500,000.00)
for the acquisition of all or a portion of a golf course located near Evergreen Road and additional
property in the vicinity of said golf course and the construction, redevelopment, renovation,
improvement and equipment of a public golf course and related facilities on said property; and
WHEREAS, on November 3, 2015, each of the above - referenced special elections was held
under and pursuant to the provisions of the ordinances calling such elections as well as the
provisions of the City's Charter and state law; and
WHEREAS, between October 21, 2015, and November 10, 2015, the early voting ballot
boards of Harris and Chambers Counties met to verify and count provisional ballots pursuant to
Chapter 65 of the Texas Election Code; and
2
WHEREAS, pursuant to Chapter 67 of the Texas Election Code, the City Council of the City
of Baytown, at a council meeting held on November 16, 2015, canvassed the returns of the special
elections concerning:
1. the reauthorization of the local sales and use tax in the City of Baytown at the rate of
one -fourth of one percent to continue providing revenue for maintenance and repair
of municipal streets;
2. twenty-two (22) proposed amendments to the charter of the City of Baytown, Texas,
and
3. the issuance of bonds in the amount of TWELVE MILLION FIVE HUNDRED
THOUSAND AND NO /100 DOLLARS ($12,500,000.00) for the acquisition of all or
a portion of a golf course located near Evergreen Road and additional property in the
vicinity of said golf course and the construction, redevelopment, renovation,
improvement and equipment of a public golf course and related facilities on said
property;
(the "Special EIections"); and
WHEREAS, the notices of the Special Elections having been duly and properly given as
required by law and as provided in the ordinance calling each such election, the Special Elections
having been duly and regularly held according to law, the returns thereof having been duly made and
the Election Judges having certified the results of the Special Elections as hereinafter set out, and the
City Council having duly and regularly canvassed the returns of the Elections, the City council finds
that the total votes cast at the Special Elections were as follows:
PROPOSITION NO. 1
The reauthorization of the local sales and use tax in the City of Baytown at the rate of
one - fourth of one percent to continue providing revenue for maintenance and repair
of municipal streets. The tax expires on the fourth anniversary of the date of this
election unless the imposition of the tax is reauthorized.
For............................. ............................... 3054 votes
Against ........................... ............................556 votes
PROPOSITION NO.2
The amendment of Article "Incorporation; Form of Government; Corporate and
General Powers," Section 3 "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.
For.. ............................... ........................... 2935 votes
Against ........................ ............................... 565 votes
PROPOSITION NO.3
The amendment of 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 modify the time period that the City is 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.
For............................ ............................... 2605 votes
Against ........................... ............................ 789 votes
PROPOSITION NO.4
The amendment of 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 conform the requirements of annexation upon a
petition to state law.
For............................. ............................... 2642 votes
Against ....................... ............................... 771 votes
PROPOSITION NO.5
The amendment of Article II "The Council," Section 13 "Qualifications" of the
Charter of the City of Baytown, Texas, to conform the qualifications for office to
state and federal law by decreasing the residency requirement to six months, by
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.
For.. ............................... ...........................1899 votes
Against .......................... ...........................1586 votes
PROPOSITION NO.6
The amendment of Article II "The Council," Section 14 "Compensation of members
of city council" of the Charter of the City of Baytown, Texas, to compensate the
members of the City Council as follows:
Mayor..................................... ............................... $1,000 /month
Council Members ...................... ............................... $500 /month
For.. ............................... ...........................1840 votes
Against...................... ............................... 1713 votes
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 less, to either:
(i) to appoint a person to fill a vacancy if the 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.
For............................. ............................... 2909 votes
Against ........................ ............................... 544 votes
PROPOSITION NO. 8
The amendment of Article II "The Council," Section 17 "Powers" of the Charter of
the City of Baytown, Texas, to remove obsolete language concerning dividing the
city into 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.
For.. ............................... ...........................2843 votes
Against........................ ............................... 580 votes
PROPOSITION NO.9
The amendment of Article II "The Council," Section 24 "Appointment of municipal
judge" of the Charter of the City of Baytown, Texas, to update the title of the judge of
the municipal court and to conform the appointment of the court clerk to state law.
For............................. ............................... 2902 votes
Against ........................ ............................... 511 votes
PROPOSITION NO. 10
The amendment of Article II "The Council," Section 25 "Induction of council into
office; meeting of council" of the Charter of the City of Baytown, Texas, to update
the uniform election date and to reduce the number of council members necessary to
call a special meeting in order to conform to state law.
For.. ............................... ........................... 2413 votes
Against........................ ............................... 999 votes
PROPOSITION NO. 11
The amendment of 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 conform the public's access to records and cost of
copies to state law.
For.. ............................... ...........................2863 votes
Against ........................ ............................... 536 votes
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 ofArticle 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 conform the requirements for
public hearings and for the public availability of the budget to state law.
For............................. ............................... 2678 votes
Against........................ ............................... 625 votes
PROPOSITION NO. 13
The amendment of 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," to delete outdated
references to state law and to remove invalid voter restrictions in order to conform to
state law.
For............................. ............................... 2672 votes
Against ........................ ............................... 692 votes
PROPOSITION NO. 14
The amendment of Article VII "Finance Administration," Section 73 "Sale of city
property; procedure" of the Charter of the City of Baytown, Texas, to conform the
procedure for selling city property to state law.
For............................. ............................... 2806 votes
Against ........................... ............................561 votes
PROPOSITION NO. 15
The repeal of Article VII "Finance Administration," Section 75 "Contracts for city
improvement" of the Charter of the City of Baytown, Texas, in its entirety and the
6
amendment of Article VII "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.
For............................. ............................... 2754 votes
Against........................ ............................... 564 votes
PROPOSITION NO. 16
The repeal of Article VIII "Tax Administration," Section 81 "Division of taxes" of
the Charter of the City of Baytown, Texas, in its entirety to remove the obsolete
section dealing not only with a division of tax in the finance department but also with
an in -house tax assessor collector.
For ............................. ............................... 2614 votes
Against ........................ ............................... 698 votes
PROPOSITION NO. 17
The amendment of Article VIII "Tax Administration," Section 87 "Taxes; when due
and payable" of the Charter of the City of Baytown, Texas, to conform the collection
and delinquency of taxes to state law.
For.. ............................... ...........................2761 votes
Against ........................ ............................... 582 votes
PROPOSITION NO. 18
The repeal of Article VIII "Tax Administration," Section 88 "Seizure and sale of
personal property" of the Charter of the City of Baytown, Texas, in its entirety to
remove the obsolete requirements concerning the seizure of personal property.
For.. ............................... ........................... 2368 votes
Against ........................ ............................... 832 votes
PROPOSITION NO. 19
The amendment of Article VIII "Tax Administration," Section 89 "Tax liens" of the
Charter of the City of Baytown, Texas, to conform tax liens of the city to state law.
For ............................. ............................... 2658 votes
Against ........................ ............................... 670 votes
7
PROPOSITION NO. 20
The amendment of 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 1 I 1 "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.
For.. ............................... ...........................2911 votes
Against........................... ............................419 votes
PROPOSITION NO. 21
The amendment of Article IX "Nominations and Elections," Section 92 "How to get
name on ballot" of the Charter of the City of Baytown, Texas, to update the process
by which names are included on the ballot to state law.
For............................. ............................... 2947 votes
Against ........................ ............................... 404 votes
PROPOSITION NO. 22
The amendment of Article IX "Nominations and Elections," Section 93 "Council
ballots" of the Charter of the City of Baytown, Texas, to conform order and names of
candidates on ballots to state law.
For.. ............................... ...........................2961 votes
Against ........................ ............................... 369 votes
PROPOSITION NO. 23
The amendment of Article XII "General Provisions," Section 132 "Zoning
ordinances" of the Charter of the City of Baytown, Texas, to update outdated
statutory references and to rely on state law for the city's zoning authority.
For............................. ............................... 2729 votes
Against ....................... ............................... 622 votes; and
PROPOSITION NO. 24
The issuance of $12,500,000 of general obligation bonds for the acquisition of all or
a portion of a golf course located near Evergreen Road and additional property in the
vicinity of said golf course, and the construction, redevelopment, renovation,
improvement and equipment of a public golf course and related facilities on said
property, and the levying of a tax in payment thereof.
8
For............................. ............................... I764 votes
Against ..................... ............................... 1819 votes; and
(Collectively "Election Returns ")
WHEREAS, the City Council of the City of Baytown finds the Election Returns set out above
to be accurate and correct and that no election protest or contest has been filed with the City Council
or instituted in connection with the Election Returns; and
WHEREAS, because the votes cast for each of the above propositions, with the exception of
Proposition No. 24, exceeded the votes cast against the same, the City Council pursuant to its
election order and Section 9.005 of the Texas Local Government Code by this ordinance enters its
order in the records of the City of Baytown declaring Proposition Nos. 1 through 23 adopted; NOW
THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby finds that the
above - referenced recitals are true and correct.
Section 2: That the City Council of the City of Baytown, Texas, based upon the results of
the special election concerning the reauthorization the local sales and use tax at a rate of one - fourth
of one percent for maintenance and repair of municipal streets held on November 3, 2015, finds that
a majority of the electors in the City of Baytown voted "For" concerning the following proposition at
the special election:
PROPOSITION NO. 1
The reauthorization of the local sales and use tax in the City of
Baytown at the rate of one - fourth of one percent to continue
providing revenue for maintenance and repair of municipal streets.
The tax expires on the fourth anniversary of the date of this election
unless the imposition of the tax is reauthorized.
and accordingly, the local sales and use tax of one -fourth of one percent in the City of Baytown is
reauthorized to provide continued revenue for maintenance and repair of municipal streets.
Section 3: That the City Council of the City of Baytown, based upon the results of the
Charter Amendment Election held on November 3, 2015, hereby enters an order in the records of the
City of Baytown declaring that the Charter Amendments enumerated hereinbelow in Sections 4
through 32 are adopted.
9
Section 4: That pursuant to the Charter Amendment Election, 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, is amended to read as follows:
ARTICLE I. INCORPORATION; FORM OF GOVERNMENT;
CORPORATE AND GENERAL POWERS
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;
10
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
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.
Section S: That pursuant to the Charter Amendment Election, 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, is amended to read as follows:
ARTICLE I. INCORPORATION; FORM OF GOVERNMENT;
CORPORATE AND GENERAL POWERS
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.
Section 6: That pursuant to the Charter Amendment Election, Article I "Incorporation;
Form of Government; Corporate and General Powers," Section 8 "Extending city Iimits upon
petition' of the Charter of the City of Baytown, Texas, is amended to read as follows:
ARTICLE I. INCORPORATION; FORM OF GOVERNMENT;
CORPORATE AND GENERAL POWERS
Sec. 8. Extending city limits upon petition.
When persons owning a majority of the Iand 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.
Section 7: That pursuant to the Charter Amendment Election, Article II "The Council,"
Section 13 "Qualifications" of the Charter of the City of Baytown, Texas, is amended to read as
follows:
ARTICLE I1. THE COUNCIL
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.
Section 8: That pursuant to the Charter Amendment Election, Article I1 "The Council,"
Section 14 "Compensation of members of city council" of the Charter of the City of Baytown, Texas,
is amended to read as follows:
ARTICLE II. THE COUNCIL
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.
12
(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.
Section 9: That pursuant to the Charter Amendment Election, Article II "The Council,"
Section 15 "Presiding officer; mayor" of the Charter of the City of Baytown, Texas, is amended to
read as follows:
ARTICLE II. THE COUNCIL
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 tern who shall act as 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.
Section 10: That pursuant to the Charter Amendment Election, Article II "The Council,"
Section 16 "Vacancies in council" of the Charter of the City of Baytown, Texas, is amended to read
as follows:
ARTICLE II. THE COUNCIL
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.
Section 11: That pursuant to the Charter Amendment Election, Article 11 "The Council,"
Section 17 "Powers" of the Charter of the City of Baytown, Texas, is amended to read as follows:
13
ARTICLE II. THE COUNCIL
See. 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 bylaw 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.
Section 12: That pursuant to the Charter Amendment Election, Article 11 "The Council,"
Section 24 "Appointment of municipal judge" of the Charter of the City of Baytown, Texas, is
amended to read as follows:
ARTICLE II. THE COUNCIL
See. 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.
14
Section 13: That pursuant to the Charter Amendment Election, Article II "The Council,"
Section 25 "Induction of council into office; meetings of council' of the Charter of the City of
Baytown, Texas, is amended to read as follows:
ARTICLE II. THE COUNCIL
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.
Section 14: That pursuant to the Charter Amendment Election, Article V "The Budget,"
Section 42 "Budget a public record" of the Charter of the City of Baytown, Texas, is amended to
read as follows:
ARTICLE V. THE BUDGET
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.
Section 15: That pursuant to the Charter Amendment Election, Article XII "General
Provisions," Section 126 "Publicity of records" of the Charter of the City of Baytown, Texas, is
amended to read as follows:
ARTICLE XII. GENERAL PROVISIONS
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.
15
Section 16: That pursuant to the Charter Amendment Election, Article V "The Budget,"
Section 44 "Public hearing on budget" of the Charter of the City of Baytown, Texas, is hereby
repealed in its entirety.
Section 17: That pursuant to the Charter Amendment Election, Article V "The Budget,"
Section 43 "Publication of notice of public hearing" of the Charter of the City of Baytown, Texas, is
amended by renaming the same as Section 43 "Public hearing and publication of notice," and is
further amended to read as follows:
ARTICLE V. THE BUDGET
Sec. 43. Public hearing and publication of notice.
A public hearing on the proposed budget shall be held and published in accordance
with law.
Section 18: That pursuant to the Charter Amendment Election, Article VI "Borrowing for
Capital Improvements," Section 58 "Bond ordinance; vote required" of the Charter of the City of
Baytown, Texas, is amended by renaming the same as Section 58 "Debt issuance; vote required" and
is further amended to read as follows:
ARTICLE VI. BORROWING FOR CAPITAL IMPROVEMENTS
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.
Section 19: That pursuant to the Charter Amendment Election, Article VII "Finance
Administration," Section 73 "Sale of city property; procedure" of the Charter of the City of Baytown,
Texas, is amended to read as follows:
ARTICLE VII. FINANCE ADMINISTRATION
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 Iaw.
16
Section 20: That pursuant to the Charter Amendment Election, Article VII "Finance
Administration," Section 75 "Contracts for city improvement" of the Charter of the City of Baytown,
Texas, is repealed in its entirety.
Section 21: That pursuant to the Charter Amendment Election, Article VII "Finance
Administration," Section 74 "Purchase procedure" of the Charter of the City of Baytown, Texas, is
amended to read as follows:
ARTICLE VII. FINANCE ADMINISTRATION
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.
Section 22: That pursuant to the Charter Amendment Election, Article V1II "Tax
Administration," Section 81 "Division of taxes" of the Charter of the City of Baytown, Texas, is
repealed in its entirety.
Section 23: That pursuant to the Charter Amendment Election, Article VIII "Tax
Administration," Section 87 "Taxes; when due and payable" of the Charter of the City of Baytown,
Texas, is amended to read as follows:
ARTICLE VIII. TAX ADMINISTRATION
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.
Section 24: That pursuant to the Charter Amendment Election, Article VIII "Tax
Administration," Section 88 "Seizure and sale of personal property" of the Charter of the City of
Baytown, Texas, is repealed in its entirety.
17
Section 25: That pursuant to the Charter Amendment Election, Article VIII "Tax
Administration," Section 89 "Tax liens" of the Charter of the City of Baytown, Texas, is amended to
read as follows:
ARTICLE VIII. TAX ADMINISTRATION
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 is due, which lien, charge, or encumbrance the
city is entitled to enforce and foreclose in accordance with law.
Section 26: That pursuant to the Charter Amendment Election, Article IX "Nominations
and Elections," Section 90 "Municipal elections" of the Charter of the City of Baytown, Texas, is
amended to read as follows:
ARTICLE IX. NOMINATIONS AND ELECTIONS
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.
Section 27: That pursuant to the Charter Amendment Election, Article IX "Nominations
and Elections," Section 94 "Election of councilmen by majority" of the Charter of the City of
Baytown, Texas, is amended to read as follows:
ARTICLE IX. NOMINATIONS AND 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.
18
Section 28: That pursuant to the Charter Amendment Election, Article X "Initiative,
Referendum and Recall," Section 104 "Submission of electors" of the Charter of the City of
Baytown, Texas, is amended to read as follows:
ARTICLE X. INITIATIVE, REFERENDUM AND RECALL
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.
Section 29: That pursuant to the Charter Amendment Election, Article X "Initiative,
Referendum and Recall," Section 1 I 1 "Recall election" of the Charter of the City of Baytown,
Texas, is amended to read as follows:
ARTICLE X. INITIATIVE, REFERENDUM AND RECALL
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 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.
Section 30: That pursuant to the Charter Amendment Election, Article IX "Nominations
and Elections," Section 92 "How to get name on ballot" of the Charter of the City of Baytown,
Texas, is amended to read as follows:
19
ARTICLE IX. NOMINATIONS AND ELECTIONS
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 Iaw.
Section 31: That pursuant to the Charter Amendment Election, Article LX "Nominations
and Elections," Section 93 "Council ballots" of the Charter of the City of Baytown, Texas, is
amended to read as follows:
ARTICLE IX. NOMINATIONS AND ELECTIONS
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.
Section 32: That pursuant to the Charter Amendment Election, Article XII "General
Provisions," Section 132 "Zoning ordinances" of the Charter of the City of Baytown, Texas, is
amended to read as follows:
ARTICLE IX. NOMINATIONS AND ELECTIONS
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 33: That the City Council of the City of Baytown, Texas, based upon the results of
the special election concerning the issuance of general obligation bonds held on November 3, 2015,
finds that a majority of the electors in the City of Baytown voted "Against' the following proposition
at the Special Elections:
20
PROPOSITION NO. 24
The issuance of $ l 2,500,000 of general obligation bonds for the acquisition of all or
a portion of a golf course located near Evergreen Road and additional property in the
vicinity of said golf course, and the construction, redevelopment, renovation,
improvement and equipment of a public golf course and related facilities on said
property, and the levying of a tax in payment thereof
and accordingly, the City of Baytown is not authorized to issue general obligation bonds for the
purposes expressed in Proposition No. 24 by virtue of such failed proposition.
Section 34: This ordinance shall take effect immediately from an-11 after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City
of Baytown this the 16'" day of November, 2015.
APPROVED AS TO FORM:
I NACIO RAMIREZ, SR., C Attorney
STEPHEN H. DONCARLOS, Mayor
V Y
a
R:',Karen'•.rilcs,City Council' Ordinanccs\2015` November 161Decla ingRrsu[ WfSbv" aintenancesal esTaxChatierAmendments &GolfCoumeBond doc
21