Ordinance No. 13,337ORDINANCE NO. 13,337
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE IV
"BOARDS AND COMMISSIONS," DIVISION 2 "PARKS AND
RECREATION BOARD," SECTION 2 -281 "CREATED; MEMBERSHIP ";
DIVISION 3 "PLANNING AND ZONING COMMISSION," SECTION 2 -316
"CREATED," SECTION 2 -320 "APPOINTMENTS," AND SECTION 2 -325
"QUORUM; VOTING "; DIVISION 5 "COMMUNITY DEVELOPMENT
ADVISORY COMMITTEE," SECTION 2 -386 "CREATED; COMPOSITION,"
SECTION 2 -387 "REPRESENTATION," AND SECTION 2 -388
"APPOINTMENTS "; DIVISION 7 "CULTURAL ARTS COUNCIL," SECTION
2 -457 "APPOINTMENTS; QUALIFICATIONS "; AND SECTION 2 -458
"TERMS "; AND DIVISION 9 "ANIMAL CONTROL ADVISORY
COMMITTEE," SECTION 2 -512 "COMPOSITION; TERMS "; CHAPTER 18
"BUILDINGS AND BUILDING REGULATIONS," ARTICLE II "BUILDING
CONSTRUCTION STANDARDS," DIVISION 2 "CONSTRUCTION BOARD
OF ADJUSTMENTS AND APPEALS," SECTION 18 -56 "ESTABLISHED;
COMPOSITION; APPOINTMENT "; CHAPTER 54 "LIBRARY," ARTICLE III
"LIBRARY BOARD," SECTION 54 -61 "CREATED; MEMBERSHIP" AND
SECTION 54 -62 "QUALIFICATIONS; VACANCIES "; AND CHAPTER 102
"VEHICLES FOR HIRE," ARTICLE III "TOW TRUCKS," DIVISION 1
"GENERALLY," SECTION 102 -138 "TOW TRUCK COMMITTEE;
HEARINGS," SUBSECTION (A) OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO REMOVE YOUTH APPOINTMENTS TO THE
CITY'S BOARDS, COMMISSIONS, AND COMMITTEES; CONTAINING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 2 "Administration," Article IV "Boards and Commissions,"
Division 2 "Parks and Recreation Board," Section 2 -281 "Created; membership" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 2. PARKS AND RECREATION BOARD
See. 2 -281. Created; membership.
(a) There is created an advisory board which shall assist and advise the city council on the
proper operation of the city's parks and recreational facilities. The board shall be known
as the parks and recreation board.
(b) The parks and recreation board shall be composed of seven members appointed by the
Mayor and subject to the approval of the city council.
(c) Members shall hold office for three -year staggered terms. All members of the board shall
be residents of the city. If vacancies occur in the board, such vacancies shall be filled in
the same manner as original appointments, except such terms shall only be for the
remainder of the unexpired term. Appointment of new board members will be done by
the mayor with the approval of the city council, prior to September 1, as terms of office
will run from September 1 to August 31.
Section 2: That Chapter 2 "Administration," Article IV "Boards and Commissions,"
Division 3 "Planning and Zoning Commission," Section 2 -316 "Created" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 3. PLANNING AND ZONING COMMISSION
Sec. 2-316. Created.
An agency of the city council is created which shall be known as the planning and zoning
commission, and such commission shall consist of nine voting members.
Section 3: That Chapter 2 "Administration," Article IV "Boards and Commissions,"
Division 3 "Planning and Zoning Commission," Section 2 -320 "Appointments" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 3. PLANNING AND ZONING COMMISSION
See. 2-320. Appointments.
(a) Five voting members of the planning and zoning commission shall be appointed during
odd - numbered years, and four voting members shall be appointed during even - numbered
years. One voting member shall be appointed from the city's extraterritorial jurisdiction
and the remaining members shall be appointed from within the corporate limits of the
city. Additionally, at least one voting member shall be a representative of the real estate,
development or building industry, who is not an employee or official of a political
subdivision or governmental entity. Terms of voting members shall begin on January 1
and extend for two calendar years.
(b) The city council shall appoint seven of the voting commission members. The city
manager shall nominate, subject to city council confirmation, two voting members. One
of the city manager's nominees shall be a representative of the city's extraterritorial
jurisdiction and the other shall be a representative of the real estate, development or
building industry, who is not an employee or official of a political subdivision or
governmental entity. In making the initial appointments, the city council shall designate
four of their appointments to serve two years and three of their appointments to serve one
year. The city manager shall designate which of his initial nominees are to serve for a
two -year term and which shall serve for a one -year term. Thereafter all appointments
shall be for two years. However, the city council may remove a member at any time by a
vote of the city council in public session.
(c) As the terms of office of the individual members terminate, the city council shall, as soon
as possible, appoint members and/or confirm the city manager's and/or mayor's
appointment to fill such vacancies for the new terms. The council, if interim vacancies
occur, shall appoint or confirm the city manager's or mayor's appointment of a successor
for the remainder of the term.
Section 4: That Chapter 2 "Administration," Article IV "Boards and Commissions,"
Division 3 "Planning and Zoning Commission," Section 2 -325 "Quorum; Voting" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 3. PLANNING AND ZONING COMMISSION
See. 2 -325. Quorum; voting.
A quorum shall consist of a majority of the entire membership of the planning and zoning
commission, and any issue to be voted on shall be resolved by a majority of those voting
members present. The chairperson shall be entitled to vote upon any question, but shall have no
veto power.
Section 5: That Chapter 2 "Administration," Article IV "Boards and Commissions,"
Division 5 "Community Development Advisory Committee," Section 2 -386 "Created;
composition" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 5. COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
Sec. 2 -386. Created; composition.
There is created a community development advisory committee which shall consist of
seven members. The members of this committee shall be residents of the city and shall be
appointed by the city council.
Section 6: That Chapter 2 "Administration," Article IV "Boards and Commissions,"
Division 5 "Community Development Advisory Committee," Section 2 -387 "Representation" of
the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 5. COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
Sec. 2-387. Representation.
The community development advisory committee shall have representation of low- to
moderate - income areas of the city, as defined by the Department of Housing and Urban
Development. Minority groups will at least be represented in proportion to such citywide
percentage representation. The committee shall consist of at least one member from each of the
six council districts.
Section 7: That Chapter 2 "Administration," Article IV "Boards and Commissions,"
Division 5 "Community Development Advisory Committee," Section 2 -388 "Appointments" of
the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 5. COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
See. 2-388. Appointments.
Members of the community development advisory committee shall be appointed in
January of each year. The members shall be appointed for two -year terms. Five members shall
be appointed in odd - numbered years and four members appointed in even - numbered years. All
members shall serve at the pleasure of the city council.
Section 8: That Chapter 2 "Administration," Article IV "Boards and Commissions,"
Division 7 "Cultural Arts Council," Section 2 -457 "Appointments; qualifications" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 7. CULTURAL ARTS COUNCIL
Sec. 2 -457. Appointments; qualifications.
(a) The cultural arts council shall consist of five members to be appointed by the city
council. The members of such board shall serve at the pleasure of the city council and
may be removed by the city council with or without cause.
(b) All members of the cultural arts council shall be active in city cultural arts organizations.
Section 9: That Chapter 2 "Administration," Article IV "Boards and Commissions,"
Division 7 "Cultural Arts Council," Section 2 -458 "Terms" of the Code of Ordinances, Baytown,
Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 7. CULTURAL ARTS COUNCIL
See. 2-458. Terms.
The terms of the persons appointed as members of the cultural arts council shall be as
follows:
(1) Of the initial five members appointed by the city council, three shall be appointed
to serve three -year terms, one shall be appointed to serve a two -year term, and one
shall be appointed to serve a one -year term. Subsequent terms shall be for three
years.
(2) Appointments to vacancies shall be for the unexpired term of the position to
which the appointment is made.
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(3) Members shall serve until their successors have been appointed.
Section 10: That Chapter 2 "Administration," Article IV "Boards and
Commissions," Division 9 "Animal Control Advisory Committee," Section 2 -512 "Composition;
terms" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 9. ANIMAL CONTROL ADVISORY COMMITTEE
Sec. 2 -512. Composition; terms.
(a) The animal control advisory committee shall be composed of the director of health, the
chief of police, one licensed veterinarian, one representative from an animal welfare
organization, and one interested citizen.
(b) The initial appointments shall be as follows:
(1) licensed veterinarian .................................... ............................... 2 -year term
(2) representative of an animal welfare organization ....................... 1 -year term
(3) interested citizen ........................................... ..............................1 -year term
Subsequent appointments shall be for two -year terms.
Section 11: That Chapter 18 "Buildings and Building Regulations," Article II
"Building Construction Standards," Division 2 "Construction Board of Adjustments and
Appeals," Section 18 -56 "Established; composition; appointment" of the Code of Ordinances,
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. BUILDING CONSTRUCTION STANDARDS
DIVISION 2. CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
Sec. 18 -56. Established; composition; appointment.
(a) There is established a board to be called the construction board of adjustments and
appeals, which shall consist of seven members as follows:
(1) Member at large;
(2) Member at large;
(3) General contractor;
(4) Engineer;
(5) Architect;
(6) Master plumber; and
(7) Master or journeyman plumber.
(b) The board shall be appointed by the city council to serve four -year terms.
Section 12: That Chapter 54 "Library," Article III "Library Board," Section 54 -61
"Created; membership" of the Code of Ordinances, Baytown, Texas, is hereby amended to read
as follows:
CHAPTER 54. LIBRARY
ARTICLE III. LIBRARY BOARD
Sec. 54 -61. Created; membership.
(a) There shall be appointed an advisory board which shall assist the city in the proper
establishment and operation of a library as set forth in this article, and such board shall be
known as the library board. The city manager shall appoint advisory board members with
the approval of the city council. Such board consists of seven members.
Four of the members shall be appointed during odd - numbered years, and three of the
members shall be appointed during even - numbered years. The members shall be
appointed for two -year terms.
(b) Library board members may serve not more than three consecutive terms.
Section 13: That Chapter 54 "Library," Article III "Library Board," Section 54 -62
"Qualifications; vacancies" of the Code of Ordinances, Baytown, Texas, is hereby amended to
read as follows:
CHAPTER 54. LIBRARY
ARTICLE III. LIBRARY BOARD
Sec. 54 -62. Qualifications; vacancies.
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(a) All members of the library board shall be qualified voters and residents of the city.
(b) If vacancies occur in the board, such vacancies shall be filled in the same manner as
original appointments, except such terms shall only be for the remainder of the unexpired
term.
Section 14: That Chapter 102 "Vehicles for Hire," Article III "Tow Trucks,"
Division 1 "Generally," Section 102 -138 "Tow truck committee; hearings," subsection (a) of the
Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 102. VEHICLES FOR HIRE
ARTICLE III. TOW TRUCKS
DIVISION 1. GENERALLY
Sec. 102 -138. Tow truck committee; hearings
(a) There is created a tow truck committee. The term "committee," as used in this article
shall mean the tow truck committee. The committee shall be composed of five citizens
not in the tow truck business. Three of the initial five committee members shall be
designated by the city council to serve one -year terms. The terms of the remaining initial
committee members and all subsequent terms of all committee members shall be for two
years.
Section 15: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 16: If any provision, section, exception, subsection, paragraph, sentence, clause
or phrase of the ordinance or the application of same to any person or the set of circumstances,
shall for any reason be held unconstitutional, void or invalid, such invalidity shall not effect the
validity of the remaining provisions of this ordinance or their application to other persons or sets
of circumstances and to this end all provisions of this ordinance are declared to be severable.
Section 17: This ordinance shall take effect from and after its passage by the City
Council.
INTRODUCED, READ, AND PASSED by the affirmati vote of the City Council of
Baytown, this the 27th day of October, 2016.
... �.
APPROVED AS TO FORM:
GNACIO RAMIREZ, Sr., ' y Attorney
STEPHEN H. DONCARLOS, Mayor
R:1Karen\Fi1eslCity CouncillOrdinances\2016' +.October 271YouthAppointmentsRemoved.doc