Ordinance No. 13,809ORDINANCE NO. 13,809
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 6TH DAY
OF NOVEMBER, 2018, FOR THE PURPOSES OF AMENDING ARTICLE I
"INCORPORATION; FORM OF GOVERNMENT; CORPORATE AND
GENERAL POWERS," SECTION 5 "EMINENT DOMAIN," SECTION 6
"STREET POWERS," SECTION 7 "STREET IMPROVEMENTS," AND
SECTION 9, EXTENDING LIMITS BY ACTION OF THE CITY COUNCIL"
ARTICLE II "THE COUNCIL," SECTION 12 "NUMBER, SELECTION,
TERM," SECTION 13 "QUALIFICATIONS," SECTION 21 "RIGHT OF THE
CITY MANAGER AND OTHER OFFICERS IN COUNCIL," SECTION 22
"ADMINISTRATIVE DEPARTMENTS," SECTION 23 "CITY CLERK," AND
SECTION 27 "RULES OF PROCEDURE; JOURNAL"; ARTICLE IV
"DEPARTMENT OF LAW," SECTION 39 "CITY ATTORNEY; POWERS AND
DUTIES"; ARTICLE V "THE BUDGET" SECTION 41 "PREPARATION AND
SUBMISSION OF BUDGET"; ARTICLE VII "FINANCE
ADMINISTRATION," SECTION 67 "DIRECTOR OF FINANCE; POWERS
AND DUTIES"; ARTICLE IX "NOMINATIONS AND ELECTIONS,"
SECTION 96 "CANVASSING ELECTIONS"; ARTICLE XI "FRANCHISES
AND PUBLIC UTILITIES," SECTION 117 "FRANCHISES; POWER OF
COUNCIL," SECTION 123 "FRANCHISE RECORDS," SECTION 124
"ACCOUNTS OF MUNICIPALLY OWNED UTILITIES," SECTION 125
"REGULATION OF RATES AND SERVICE" AND ARTICLE XII "GENERAL
PROVISIONS," SECTION 128 "OATH OF OFFICE," SECTION 133
"HOUSING AUTHORITY," SECTION 134 "PROVISIONS RELATING TO
ASSIGNMENT, EXECUTION AND GARNISHMENT," SECTION 138
"AMENDING THE CHARTER," SUBSECTION (E) "CHARTER REVIEW
COMMITTEE," AND SECTION 140 "CONSTRUCTION OF CHARTER" OF
THE CHARTER OF THE CITY OF BAYTOWN, TEXAS; REPEALING
ARTICLE XII "GENERAL PROVISIONS," SECTION 130 "HOSPITAL;
OPERATION" AND SECTION 131 HOSPITAL; FINANCES"; ARTICLE XII
"GENERAL PROVISIONS," SECTION 133 "HOUSING AUTHORITY"; AND
ARTICLE XII "GENERAL PROVISIONS," SECTION 136 "EFFECT OF THIS
CHARTER ON EXISTING LAW" AND SECTION 137 "INTERIM
MUNICIPAL GOVERNMENT" 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 6h day of November, 2018, 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 Hams and Chambers
Counties. The proposed amendments affect only the articles and sections listed below which are
submitted for amendment to read as follows:
CITY OF BAYTOWN PROPOSITION B
Amending Article I "Incorporation; Form of Government; Corporate and General
Powers," Section 5 "Eminent domain" of the Charter of the City of Baytown, Texas, to read as
follows:
Sec. 5. Eminent domain.
The city shall have the full right, power and authority to exercise the power
of eminent domain when necessary or desirable to carry out any of the powers
conferred upon it by this charter, or by the constitution or laws of the state of Texas.
The city may also exercise the power of eminent domain in any other manner
authorized or permitted by the constitution and laws of this state, or in the manner
and form that may be provided by ordinance of the governing body of the city.
The power of eminent domain hereby conferred shall include the right of the city to
take the fee in the lands so condemned and such power and authority shall include
the right to condemn public property for such purposes. The city shall have and
possess this power of condemnation for any municipal or public purpose, even
though not specifically enumerated herein or in this charter.
CITY OF BAYTOWN PROPOSITION C
Amending Article I "Incorporation; Form of Government; Corporate and General
Powers," Section 6 "Street powers" of the Charter of the City of Baytown, Texas, to read as
follows:
Sec. 6. Street powers.
The city shall have the power to control, regulate, lay out, establish, open,
alter, widen, narrow, straighten, change, lower, extend, grade, vacate, abandon,
discontinue, abolish, close, care for, pave, supervise, maintain and improve streets,
alleys, sidewalks, parks, squares, public places and bridges; and regulate the use
thereof and remove or require the removal from streets, sidewalks, alleys and other
public property or places of all obstructions and encroachments of every nature or
character upon any of said streets and sidewalks.
2
CITY OF BAYTOWN PROPOSITION D
Amending Article I "Incorporation; Form of Government; Corporate and General
Powers," Section 7 "Street improvements" of the Charter of the City of Baytown, Texas, to read as
follows:
Sec. 7. Street improvements.
The city shall have exclusive dominion, control and jurisdiction in, upon,
and over and under the public streets, avenues, alleys and highways of the city, and
may provide for the improvement thereof by paving, repaving, raising, draining, or
otherwise. Such exclusive dominion, control and jurisdiction in, upon, over and
under the public streets, avenues, alleys and highways of the city shall also include,
but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the
location of, all utility pipes, lines, wires, or other property.
CITY OF BAYTOWN PROPOSITION E
Amending Article I "Incorporation; Form of Government; Corporate and General
Powers," Section 9 "Extending limits by action of the city council" of the Charter of the City of
Baytown, Texas, to read as follows:
Sec. 9. Extending limits by action of the city council.
The city council shall have power by ordinance to fix, alter, and extend the
boundary limits of the city; and to annex additional territory consistent with state
law. Upon the introduction of an annexation ordinance in the city council, a
description of the ordinance sufficient to identify the property being annexed shall
be published in the official newspaper of the city one time, and the ordinance shall
not be finally acted upon until at least ten (10) days have elapsed after the first
reading thereof. Upon final passage of an annexation ordinance, the boundaries of
the city shall include the territory annexed by ordinance. When the territory is
annexed, it shall be a part of the city and bear its pro rata part of the taxes levied by
the city and the inhabitants shall be citizens of the city and shall be bound by the
acts, ordinances, resolutions and regulations of said city.
CITY OF BAYTOWN PROPOSITION F
Amending Article II "The Council," Section 12 "Number, selection, term" of the Charter
of the City of Baytown, Texas, to read as follows:
Sec. 12. Number, selection, term.
(a) Number. The city council shall be composed of a mayor and six council
members.
3
(b) Selection. The mayor shall be elected by the qualified voters from the city at
large and the six (6) council members shall be elected from single -member
districts by the qualified voters from each of the six (6) districts as provided
in subsection (c) hereof.
(c) Districts. The city shall be divided into six (6) city council single -member
districts. Each council member shall reside in the district that he/she is
elected to represent.
(d) Term. Each member of the city council shall serve for a term of three years
or until his/her successor has been elected and inducted.
(e) Staggered three-year terms. Beginning at the regular municipal election in
2007, the council members from single -member district numbers 1, 2, and 3
shall be elected for a term of three years. At the regular municipal election
in 2008, the council members from single -member district numbers 4, 5 and
6 shall be elected for a term of three years. At the regular election in 2009,
the mayor shall be elected for a term of three years.
CITY OF BAYTOWN PROPOSITION G
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 council members 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 and throughout the term of office. A member of council who
lacks any qualification for the office prescribed by this Charter or by law; or
convicted of a felony while in office, shall immediately forfeit the office.
CITY OF BAYTOWN PROPOSITION H
Amending Article II "The Council," Section 21 "Right of the city manager and other
officers in council" of the Charter of the City of Baytown, Texas, to read as follows:
Sec. 21. Right of the city manager in council.
The city manager shall have the right to take part in the discussion of all
matters coming before the council but shall have no vote therein.
CITY OF BAYTOWN PROPOSITION I
Amending- Article II "The Council," Section 22 "Administrative departments" of the
Charter of the City of Baytown, Texas, to read as follows:
4
Sec. 22. Administrative departments.
There are hereby created the following administrative departments:
Finance, Police, Fire, Law, Public Works/Utilities, Health, City Clerk,
Engineering, Human Resources, Information Technology Services, Library,
Planning and Development Services, and Parks and Recreation. The council by
ordinance may create, consolidate, change, and abolish offices, departments, or
agencies other than the offices, departments and agencies established by this
charter.
CITY OF BAYTOWN PROPOSITION J
Amending Article II "The Council," Section 23 "City clerk" of the Charter of the City of
Baytown, Texas, to read as follows:
Sec. 23. City clerk.
The council shall designate an officer of the city who shall be appointed by
the city manager, subject to the approval of the council, to serve as clerk of the
council. The city clerk shall give notices of its meetings, shall keep the journal of its
proceedings, shall authenticate by his/her signature and record in full in a book kept
for the purpose all ordinances and resolutions and shall perform such other duties as
the city manager shall assign.
CITY OF BAYTOWN PROPOSITION K
Amending Article II "The Council," Section 27 "Rules of procedure; journal" of the
Charter of the City of Baytown, Texas, to read as follows:
Sec. 27. Rules of procedure; journal.
The council shall determine its own rules and order of business. It shall
keep a journal of its proceedings and the journal shall be open to public inspection,
except as otherwise required by law.
CITY OF BAYTOWN PROPOSITION L
Amending Article IV "Department of Law," Section 39 "City attorney; powers and duties"
of the Charter of the City of Baytown, Texas, to read as follows:
Sec. 39. City attorney; powers and duties.
The city attorney shall be the chief legal adviser of the council, of all
offices, departments and agencies and of all officers and employees in matters
relating to their official powers and duties. The city attorney shall represent or
5
supervise the representation of the city in all legal proceedings. It shall be the city
attorney's duty to perform all services incident to the position as may be required
by statute, by this charter, or by ordinance.
CITY OF BAYTOWN PROPOSITION M
Amending Article V "The Budget" Section 41 "Preparation and submission of budget" of
the Charter of the City of Baytown, Texas, to read as follows:
Sec. 41. Preparation and submission of budget.
The city manager, at least sixty days prior to the beginning of each budget
year, shall submit to the council a proposed budget and an explanatory budget
message in the form and with the contents provided by sections 50 and 52. For
such purpose, at such date as the city manager shall determine, the city manager, or
an officer designated by the city manager, shall obtain from the head of each office,
department or agency estimates of revenue and expenditure of that office,
department, or agency detailed by organization units and character and object of
expenditure, and such other supporting data as may be requested. In preparing the
budget, the city manager shall review the estimates, shall conduct meetings with
department directors regarding the estimates, and may revise the estimates, as the
city manager may deem advisable.
CITY OF BAYTOWN PROPOSITION N
Amending Article VII "Finance Administration," Section 67 "Director of finance; powers
and duties" of the Charter of the City of Baytown, Texas, to read as follows:
Sec. 67. Director of finance; powers and duties.
The director of finance shall have charge of the administration of the
financial affairs of the city unless otherwise designated by the council and to that
end, the director of finance shall have authority and shall be required to:
(1) Compile the estimates of revenues and expenditures for the budget
as directed by the city manager;
(2) Supervise and be responsible for the disbursement of all moneys and
have control over all expenditures to ensure that budget
appropriations are not exceeded;
(3) Maintain a general accounting system for the city government; keep
books for and exercise financial budgetary control; keep separate
accounts for the items of appropriation contained in the city budget,
each of which accounts shall show the amount of the appropriation,
the amounts paid therefrom, the unpaid obligations against it and the
unencumbered balance; and require reports of receipts and
disbursements from each receiving and spending agency of the city
0
government to be made daily or at such intervals as the director of
finance may deem expedient;
(4) Submit to the council through the city manager monthly statements
in sufficient detail to show the exact financial condition of the city;
(5) Prepare, as of the end of each fiscal year, a complete financial
statement and report;
(6) Collect all taxes, special assessments, license fees and other
revenues of the city or for whose collection the city is responsible
and receive all money receivable by the city from the state or federal
government, or from any court, or from any office, department or
agency of the city;
(7) Serve as ex officio city treasurer and shall have custody of all public
funds belonging to or under the control of the city, and deposit all
funds coming into the director's hands in such depositories as may
be designated by the council, or, if no such resolution be adopted, by
the city manager, subject to the requirements of law as to surety and
the payment of interest on deposits, but all such interest shall be the
property of the city and shall be accounted for and credited to the
proper account;
(8) Have custody of all investments and invested funds of the city
government, or in possession of such government in a fiduciary
capacity, and have the safe -keeping of all bonds and notes of the city
and the receipt and delivery of city bonds and notes for transfer,
registration or exchange;
(9) Supervise and be responsible for implementing a process for the
purchase of all supplies, materials, equipment and other articles
used by any office, department or agency of the city government;
and
(10) Review and certify that there is an unencumbered appropriation and
available funds before an expenditure is made.
CITY OF BAYTOWN PROPOSITION O
Amending Article IX "Nominations and Elections," Section 96 "Canvassing elections" of the
Charter of the City of Baytown, Texas, to read as follows:
Sec. 96. Canvassing elections.
Returns of the elections, general and special, shall be made by the election
officers to the city council and the council shall canvass the returns and declare the
results of such election in accordance with law.
1012i—XV41116MIL/ I9`T-0)D MSI OW"
Amending Article XI "Franchises and Public Utilities," Section 117 "Franchises; power of
council" of the Charter of the City of Baytown, Texas, to read as follows:
Sec. 117. Franchises; power of council.
The city council shall have power by ordinance to grant, amend, renew and
extend all franchises of all public utilities of every character operating within the
city of Baytown, and for such purposes is granted full power. All ordinances
granting, amending, renewing, or extending franchises for public utilities shall be
considered at three separate regular meetings of the city council, and shall not be
finally passed until thirty days after the first reading; and no such ordinance shall
take effect until sixty days after its final passage; and pending such time, the full
text of such ordinance shall be published once each week for four consecutive
weeks in the official newspaper published in the city of Baytown, and the expense
of such publication shall be borne by the proponent of the franchise. No public
utility franchise shall be transferable except with the approval of the council
expressed by ordinance.
CITY OF BAYTOWN PROPOSITION O
Amending Article XI "Franchises and Public Utilities," Section 123 "Franchise records" of the
Charter of the City of Baytown, Texas, to read as follows:
Sec. 123. Franchise records.
The city shall compile and maintain a public record of public utility
franchises.
CITY OF BAYTOWN PROPOSITION R
Amending Article XI "Franchises and Public Utilities," Section 124 "Accounts of municipally
owned utilities" of the Charter of the City of Baytown, Texas, to read as follows:
Sec. 124. Accounts of municipally owned utilities.
Accounts shall be kept for each public utility owned or operated by the city,
in such manner as to show the true and complete financial results of such city
ownership and operation, including all assets, appropriately subdivided into
different classes, all liabilities subdivided by classes, depreciation reserve, other
reserves, and surplus; also revenues, operating expenses including depreciation,
interest payments, rental, and other disposition of annual income. The accounts
shall show the actual capital cost to the city of each public utility owned, also the
cost of all extensions, additions and improvements, and the source of the funds
expended for such capital purposes. They shall show as nearly as possible the cost
of any service furnished to or rendered by any such utility to any other city or
governmental department. The council shall cause to be made by a certified public
accountant and shall publish a report showing the financial results of such city
ownership and operation, giving the information specified in this section or such
data as the council shall deem expedient.
CITY OF BAYTOWN PROPOSITION S
Amending Article XI "Franchises and Public Utilities," Section 125 "Regulation of rates and
service" of the Charter of the City of Baytown, Texas, to read as follows:
Sec. 125. Regulation of rates and service.
The city council shall, to the extent permitted by law, have full power to
regulate the rates and service of every public utility operating in the city of
Baytown.
CITY OF BAYTOWN PROPOSITION T
Amending Article XII "General Provisions," Section 128 "Oath of office" of the Charter of the
City of Baytown, Texas, to read as follows:
Sec. 128. Oath of office.
Every officer of the city shall, before entering upon the duties of the office,
take and subscribe to the following oath of affirmation, to be filed and kept in the
office of the city clerk:
I, , do solemnly swear (or affirm), that I will
faithfully execute the duties of the office of , of
the city of Baytown, state of Texas, and will to the best of my ability
preserve, protect, and defend the constitution and laws of the United
States and of this state. So help me God.
CITY OF BAYTOWN PROPOSITION U
Repealing Article XII "General Provisions," Section 130 "Hospital; operation" and Section 131
Hospital; finances" of the Charter of the City of Baytown, Texas, in their entireties.
CITY OF BAYTOWN PROPOSITION V
Repealing Article XII "General Provisions," Section 133 "Housing authority" of the Charter of the
City of Baytown, Texas, in its entirety.
0
CITY OF BAYTOWN PROPOSITION W
Amending Article XII "General Provisions," Section 134 "Provisions relating to assignment,
execution and garnishment" of the Charter of the City of Baytown, Texas, to read as follows:
Sec. 134. Provisions relating to assignment, execution and garnishment.
The property, real and personal, belonging to the city is not subject to sale
or appropriation under any writ of execution or cost bill. Funds belonging to the
city, in the hands of any person, firm or corporation, shall not be subject to
garnishment, attachment, or sequestration; nor shall the city be liable to
garnishment on account of any debt it may owe or funds or property it may have on
hand or owing to any person. Neither the city nor any of its officers or agents shall
be required to answer any such writ of garnishment on any account whatever. The
city shall not be obligated to recognize any assignment of wages or funds by its
employees, agents, or contractors, except as required by law.
CITY OF BAYTOWN PROPOSITION X
Repealing Article XII "General Provisions," Section 136 "Effect of this charter on existing law" of
the Charter of the City of Baytown, Texas, in its entirety.
CITY OF BAYTOWN PROPOSITION Y
Repealing Article XII "General Provisions," Section 137 "Interim municipal government" of the
Charter of the City of Baytown, Texas, in its entirety.
CITY OF BAYTOWN PROPOSITION Z
Amending Article XII "General Provisions," Section 138 "Amending the charter," Subsection (e)
"Charter review committee" of the Charter of the City of Baytown, Texas, to read as follows:
Sec. 138. Amending the charter..
(e) Charter review committee. The city council may appoint a charter review
committee in which each member of the city council shall nominate one
citizen, who is not a member of the city council.
(1) Duties of the committee: It shall be the duty of such charter review
committee to:
a. Inquire into the operations of the city government under the
charter provisions and determine whether any such
provisions should be revised;
b. Propose any recommendations it may -deem desirable to
ensure compliance with the provisions of this charter by the
several departments of the city government;
10
C. Propose, if it deems desirable, amendments to this charter to
improve the effective application of said charter to current
conditions; and
d. Report its findings and present its proposed amendments, if
any, to the city council.
(2) Action by the city council: The city council shall receive any report
presented by the charter review committee, shall post any such
report on the city's internet website if the city maintains a website,
shall consider any recommendations made, and if any amendments
or amendment be presented as a part of such report, may order such
amendment or amendments to be submitted to the voters of the city
in the manner provided by the applicable statute of the State of
Texas.
(3) Term of office: Members of the charter review committee shall serve
from their date of appointment until the first date after such
appointment by which the city council is required to call its regular
municipal election for the office of the mayor. If during such term
no report is presented to the city council, then all records of the
proceedings of such committee shall be filed with city clerk and
shall become a public record.
CITY OF BAYTOWN PROPOSITION AA
Amending Article XII "General Provisions," Section 140 "Construction of charter" of the Charter
of the City of Baytown, Texas, to read as follows:
Sec. 140. Construction of charter.
(a) Words in the present or past tense include the future tense.
(b) The masculine gender includes the feminine and neuter genders.
(c) A grammatical error does not invalidate a provision in the charter. If the
sentence or clause is meaningless because of the grammatical error, words
and clauses may be transposed to give the charter meaning.
(d) The singular includes the plural and the plural includes the singular unless
expressly provided otherwise.
(e) Unless expressly provided otherwise, a reference to any portion of a statute,
rule or regulation applies to all reenactments, revisions or amendments of
the statute, rule or regulation.
(f) Whenever a section of this charter requires or authorizes an officer or
employee of the city to do some act or perform some duty, it shall be
construed to authorize the officer or employee to designate, delegate and
authorize subordinates to perform the act or duty, unless the terms of the
section specifically provide otherwise.
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.
Section 3: That the form of the ballot for said election shall be substantially as follows:
11
OFFICIAL BALLOT
12
CITY OF BAYTOWN PROPOSITION B
[] FOR
The amendment of Article I "Incorporation; Form of
Government; Corporate and General Powers," Section 5
[] AGAINST
"Eminent domain" of the Charter of the City of Baytown,
Texas, to remove the reference to the power of eminent
domain of railroad companies.
CITY OF BAYTOWN PROPOSITION C
[] FOR
The amendment of Article I "Incorporation; Form of
Government; Corporate and General Powers," Section 6
[] AGAINST
"Street powers" of the Charter of the City of Baytown, Texas,
to remove obsolete language and conform the section to state
law.
CITY OF BAYTOWN PROPOSITION D
[] FOR
The amendment of Article I "Incorporation; Form of
Government; Corporate and General Powers," Section 7
[] AGAINST
"Street improvements" of the Charter of the City of Baytown,
Texas, to remove the outdated reference to a 1927 law.
CITY OF BAYTOWN PROPOSITION E
The amendment of Article I "Incorporation; Form of
[] FOR
Government; Corporate and General Powers," Section 9
"Extending limits by action of the city council" of the Charter
[] AGAINST
of the City of Baytown, Texas, to allow the first and second
readings of an annexation ordinance at consecutive council
meetings and to conform to state law.
CITY OF BAYTOWN PROPOSITION F
[] FOR
The amendment of Article H "The Council," Section 12
"Number, selection, term" of the Charter of the City of
[] AGAINST
Baytown, Texas, to remove the outdated language used to
transition from two-year to three-year terms.
CITY OF BAYTOWN PROPOSITION G
[] FOR
The amendment of Article H "The Council," Section 13
"Qualifications"
of the Charter of the City of Baytown, Texas,
[] AGAINST
to require council members to maintain qualifications for
office throughout their term and provide for the forfeiture of
office for failing to do so.
CITY OF BAYTOWN PROPOSITION H
[] FOR
The amendment of Article II "The Council," Section 21
"Right of the city manager and other officers in council" of the
[] AGAINST
Charter of the City of Baytown, Texas, to remove the
requirement that department heads have "seats in the council."
CITY OF BAYTOWN PROPOSITION I
[] FOR
The amendment of Article II "The Council," Section 22
"Administrative departments" of the Charter of the City of
[J AGAINST
Baytown, Texas, to list the current titles of City departments
listed and to give council the ability to consolidate
departments as it deems advisable.
CITY OF BAYTOWN PROPOSITION J
[] FOR
The amendment of Article II "The Council," Section 23 "City
clerk" of the Charter of the City of Baytown, Texas, to
[] AGAINST
conform the appointment process of the City Clerk to that of
other department directors.
[] FOR
CITY OF BAYTOWN PROPOSITION K
The amendment of Article II "The Council," Section 27
[] AGAINST
"Rules of procedure; journal' of the Charter of the City of
12
13
Baytown, Texas, to conform the availability of records to state
law.
CITY OF BAYTOWN PROPOSITION L
[] FOR
The amendment of Article IV "Department of Law," Section
39 "City attorney; powers and duties" of the Charter of the
[] AGAINST
City of Baytown, Texas, to reflect the city's use of outside
council when appropriate.
CITY OF BAYTOWN PROPOSITION M
The amendment of Article V "The Budget" Section 41
[] FOR
"Preparation and submission of budget" of the Charter of the
City of Baytown, Texas, to reflect that the city manager
[] AGAINST
develops the budget with input from department director and
that public hearings are performed in accordance with state
law.
CITY OF BAYTOWN PROPOSITION N
The amendment of Article VII "Finance Administration,"
Section 67 "Director of finance; powers and duties" of the
[] FOR
Charter of the City of Baytown, Texas, to reflect that
services may be outsourced, to conform to practice regarding
[] AGAINST
the director's report of disbursements and receipts; to reflect
that the director is responsible for the finances of the City has
a whole; to conform the manner in which depository contracts
are approved; and to conform to the financial practices of the
City.
CITY OF BAYTOWN PROPOSITION O
[] FOR
The amendment of Article IX "Nominations and Elections,"
Section 96 "Canvassing elections" of the Charter of the City
[] AGAINST
of Baytown, Texas, to conform the timing of the election
canvass to state law.
CITY OF BAYTOWN PROPOSITION P
[] FOR
The amendment of Article XI "Franchises and Public
Utilities," Section 117 "Franchises; power of council" of the
[] AGAINST
Charter of the City of Baytown, Texas, to require council at
three council meetings, to consider, rather than read aloud, an
ordinance granting a franchise.
CITY OF BAYTOWN PROPOSITION O
[] FOR
The amendment of Article XI "Franchises and Public
Utilities," Section 123 "Franchise records" of the Charter of
[] AGAINST
the City of Baytown, Texas, to remove the obsolete provision
that required public utilities to file with the city their franchise
agreements that were in effect in 1948.
CITY OF BAYTOWN PROPOSITION R
The amendment of Article XI "Franchises and Public
[] FOR
Utilities," Section 124 "Accounts of municipally owned
utilities" of the Charter of the City of Baytown, Texas, to
[] AGAINST
conform to current practice the number of times a certified
public accountant will review the accounts of the city's
utilities.
CITY OF BAYTOWN PROPOSITION S
[] FOR
The amendment of Article XI "Franchises and Public
Utilities," Section 125 "Regulation of rates and service" of the
[] AGAINST
Charter of the City of Baytown, Texas, to conform the city's
rate regulation authority to state law.
[] FOR
CITY OF BAYTOWN PROPOSITION T
The amendment of Article XII "General Provisions," Section
[] AGAINST
128 "Oath of office" of the Charter of the City of Baytown,
Texas, to conform the oath of office to state law.
13
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.
14
CITY OF BAYTOWN PROPOSITION U
[] FOR
The amendment of Article XII "General Provisions," Section
130 "Hospital; operation" and Section 131 Hospital; finances"
[] AGAINST
of the Charter of the City of Baytown, Texas, to repeal such
sections in their entireties since this subject is governed by
state law.
CITY OF BAYTOWN PROPOSITION V
[] FOR
The amendment of Article XII "General Provisions," Section
133 "Housing authority" of the Charter of the City of
[] AGAINST
Baytown, Texas, to repeal such section in its entirety since
this subject is governed by state law.
CITY OF BAYTOWN PROPOSITION W
p FOR
The amendment of Article XII "General Provisions," Section
134 "Provisions relating to assignment, execution and
[] AGAINST
garnishment" of the Charter of the City of Baytown, Texas, to
update existing language and to conform to state law.
CITY OF BAYTOWN PROPOSITION X
[] FOR
The amendment of Article XII "General Provisions," Section
136 "Effect of this charter on existing law" of the Charter of
[] AGAINST
the City of Baytown, Texas, to repeal such section in its
entirety since this section is obsolete.
CITY OF BAYTOWN PROPOSITION Y
[] FOR
The amendment of Article XII "General provisions," Section
137 "Interim municipal government" of the Charter of the
[] AGAINST
City of Baytown, Texas, to repeal such section in its entirety
since such section is obsolete.
CITY OF BAYTOWN PROPOSITION Z
[] FOR
The amendment of Article XII "General Provisions," Section
"Amending
138 the charter," Subsection (e) "Charter review
[] AGAINST
committee" of the Charter of the City of Baytown, Texas, to
allow, but not require, the appointment of a charter review
committee every three years.
CITY OF BAYTOWN PROPOSITION AA
[] FOR
The amendment of Article XII "General Provisions," Section
140 "Construction of charter" of the Charter of the City of
[] AGAINST
Baytown, Texas, to add code construction provisions dealing
with singular/plural, delegation of authority, and references to
law.
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.
14
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 22, 2018, and end on November 2, 2018, 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, TX 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 60th day before the date
of the election ordered herein.
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.
15
INTRODUCED, READ and PASSED by th
City of Baytown on this the 12th day of July, 2018.
ATTEST:
r ti
LEV
ICIA BRYSCH, City C
APPROVED AS TO FORM:
I ACIO RAMIREZ, SR., C' ttorney
R:•Karemfiles City Council.Ordinances\2018Uuly 12•CallingCharterElectionNovember2018 - Option B.docx
16
the