Ordinance No. 13,944ORDINANCE NO. 13,944
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE RESULTS OF THE MUNICIPAL ELECTION HELD
NOVEMBER 6, 2018, CONCERNING THE ELECTION OF A MAYOR OF THE
CITY OF BAYTOWN; DECLARING THE RESULTS OF THE SPECIAL
ELECTIONS HELD NOVEMBER 6, 2018, CONCERNING (I) 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, AND (II) TWENTY-SEVEN (27) PROPOSED
AMENDMENTS TO THE CHARTER OF THE CITY OF BAYTOWN, TEXAS;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, the City Council of the City of Baytown on July 12, 2018, ordered a general
election to be held on November 6, 2018, for the purpose of electing a Mayor from the City at -large;
and
WHEREAS, the City Council of the City of Baytown on July 12, 2018, ordered a special
election to be held on November 6, 2018, 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 July 12, 2018, ordered another
special election to be held on November 6, 2018, for the purpose of:
1. Amending:
a.
Article I "Incorporation; Form of Government; Corporate and General
Powers," Section 5 "Eminent domain";
b.
Article I "Incorporation; Form of Government; Corporate and General
Powers," Section 6 "Street powers";
C.
Article I "Incorporation; Form of Government; Corporate and General
Powers," Section 7 "Street improvements";
d.
Article I "Incorporation; Form of Government; Corporate and General
Powers," Section 9, Extending limits by action of the city council";
e.
Article 11 "The Council," Section 12 "Number, selection, term";
f.
Article II "The Council," Section 13 "Qualifications";
g.
Article 11 "The Council," Section 21 "Right of the city manager and other
officers in council';
h.
Article II "The Council," Section 22 "Administrative departments";
i.
Article 11 "The Council," Section 23 "City clerk";
j.
Article II "The Council," Section 27 "Rules of procedure; journal';
k.
Article IV "Department of Law," Section 39 "City attorney; powers and
duties";
1.
Article V "The Budget" Section 41 "Preparation and submission of budget";
M.
Article VII "Finance Administration," Section 67 "Director of finance;
powers and duties";
n. Article IX "Nominations and Elections," Section 96 "Canvassing elections";
o. Article XI "Franchises and Public Utilities," Section 117 "Franchises; power
WHEREAS, on November 6, 2018, each of the above -referenced 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 25, 2018, and November 14, 2018, the early voting ballot
boards of Harris and Chambers Counties met to qualify ballots by mail and to verify and count
provisional ballots pursuant to Chapter 65 of the Texas Election Code; and
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 19, 2018, canvassed the returns of the general
and special elections concerning:
1. the election of a mayor from the City at -large;
2. 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;
3. twenty-seven (27) proposed amendments to the Charter of the City of Baytown,
Texas, and
(the "Elections"); and
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of council";
P.
Article XI "Franchises and Public Utilities," Section 123 "Franchise records";
q.
Article XI "Franchises and Public Utilities," Section 124 "Accounts of
municipally owned utilities";
r.
Article XI "Franchises and Public Utilities," Section 125 "Regulation ofrates
and service";
S.
Article XII "General Provisions," Section 128 "Oath of office";
t.
Article XII "General Provisions," Section 134 "Provisions relating to
Assignment, execution and garnishment";
U.
Article XII "General Provisions," Section 138 "Amending the charter,"
Subsection (e) "Charter review committee"; and
V.
Article XII "General Provisions," Section 140 "Construction of charter"; and
2. Repealing:
a.
Article XII "General Provisions," Section 130 "Hospital; operation";
b.
Article XII "General Provisions," Section 131 Hospital; finances";
C.
Article XII "General Provisions," Section 133 "Housing authority";
d.
Article XII "General Provisions," Section 136 "Effect of this charter on
existing law," and
e.
Article XII "General Provisions," Section 137 "Interim municipal
government"
of the Code of Ordinances,
Baytown, Texas; and
WHEREAS, on November 6, 2018, each of the above -referenced 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 25, 2018, and November 14, 2018, the early voting ballot
boards of Harris and Chambers Counties met to qualify ballots by mail and to verify and count
provisional ballots pursuant to Chapter 65 of the Texas Election Code; and
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 19, 2018, canvassed the returns of the general
and special elections concerning:
1. the election of a mayor from the City at -large;
2. 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;
3. twenty-seven (27) proposed amendments to the Charter of the City of Baytown,
Texas, and
(the "Elections"); and
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WHEREAS, the notices of the Elections having been duly and properly given as required by
law and as provided in the ordinance calling each such election, the 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 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 Elections were as follows:
FOR MAYOR
Brandon Capetillo .........................................................8.360
LeeLarson.....................................................................2.527
CITY OF BAYTOWN PROPOSITION A
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........................................................... 9,022 votes
Against .................................................... 2,507 votes
CITY OF BAYTOWN PROPOSITION B
The amendment of Article I "Incorporation; Form of Government; Corporate and General
Powers," Section 5 "Eminent domain" of the Charter of the City of Baytown, Texas, to
remove the reference to the power of eminent domain of railroad companies.
For........................................................... 7,476 votes
Against ....................................................3,371 votes
CITY OF BAYTOWN PROPOSITION C
The amendment of Article I "Incorporation; Form of Government; Corporate and General
Powers," Section 6 "Street powers" of the Charter of the City of Baytown, Texas, to remove
obsolete language and conform the section to state law.
For........................................................... 8,673 votes
Against .................................................... 2,167 votes
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CITY OF BAYTOWN PROPOSITION D
The amendment of Article I "Incorporation; Form of Government; Corporate and General
Powers," Section 7 "Street improvements" of the Charter of the City of Baytown, Texas, to
remove the outdated reference to a 1927 law.
For........................................................... 9,241 votes
Against ....................................................1,540 votes
CITY OF BAYTOWN PROPOSITION E
The amendment of 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 allow the first and second readings of an annexation ordinance at
consecutive council meetings and to conform to state law.
For.......................................................... 8,445 votes
Against .................................................... 2,060 votes
CITY OF BAYTOWN PROPOSITION F
The amendment of Article II "The Council," Section 12 "Number, selection, term" of the
Charter of the City of Baytown, Texas, to remove the outdated language used to transition
from two-year to three-year terms.
For........................................................... 7,674 votes
Against................................................... 2,947 votes
CITY OF BAYTOWN PROPOSITION G
The amendment of Article H "The Council," Section 13 "Qualifications" of the Charter ofthe
City of Baytown, Texas, to require council members to maintain qualifications for office
throughout their term and provide for the forfeiture of office for failing to do so.
For........................................................... 9,857 votes
Against....................................................... 966 votes
CITY OF BAYTOWN PROPOSITION H
The amendment of 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 remove the requirement
that department heads have "seats in the council."
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For........................................................... 7,225 votes
Against.................................................... 3,225 votes
CITY OF BAYTOWN PROPOSITION I
The amendment of Article II "The Council," Section 22 "Administrative departments" of the
Charter of the City of Baytown, Texas, to list the current titles of City departments and to
give council the ability to consolidate departments as it deems advisable.
For........................................................... 7,693 votes
Against .................................................... 2,744 votes
CITY OF BAYTOWN PROPOSITION J
The amendment of Article II "The Council," Section 23 "City clerk" of the Charter of the
City of Baytown, Texas, to conform the appointment process of the City Clerk to that of
other department directors.
For........................................................... 8,014 votes
Against .................................................... 2,267 votes
CITY OF BAYTOWN PROPOSITION K
The amendment of Article lI "The Council," Section 27 "Rules ofprocedure; journal" of the
Charter of the City of Baytown, Texas, to conform the availability of records to state law.
For........................................................... 9,026 votes
Against ....................................................1,356 votes
CITY OF BAYTOWN PROPOSITION L
The amendment of Article IV "Department of Law," Section 39 "City attorney; powers and
duties" of the Charter of the City of Baytown, Texas, to reflect the city's use of outside
counsel when appropriate.
For........................................................... 8,155 votes
Against .................................................... 2,173 votes
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CITY OF BAYTOWN PROPOSITION M
The amendment of Article V "The Budget" Section 41 "Preparation and submission of
budget" of the Charter of the City of Baytown, Texas, to reflect that the city manager
develops the budget with input from department directors and that public hearings are
performed in accordance with state law.
For........................................................... 9,546 votes
Against....................................................... 970 votes
CITY OF BAYTOWN PROPOSITION N
The amendment of Article VII "Finance Administration," Section 67 "Director of finance;
powers and duties" of the Charter of the City of Baytown, Texas, to reflect that services may
be outsourced, to conform to practice regarding 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.
For........................................................... 8,489 votes
Against ....................................................1,762 votes
CITY OF BAYTOWN PROPOSITION O
The amendment of Article IX "Nominations and Elections," Section 96 "Canvassing
elections" of the Charter of the City of Baytown, Texas, to conform the timing of the election
canvass to state law.
For........................................................... 8,836 votes
Against ....................................................1,371 votes
CITY OF BAYTOWN PROPOSITION P
The amendment of Article XI "Franchises and Public Utilities," Section 117 "Franchises;
power of council" of the 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.
For........................................................... 7,220 votes
Against .................................................... 2,907 votes
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CITY OF BAYTOWN PROPOSITION O
The amendment of Article XI "Franclses and Public Utilities," Section 123 "Franchise
records" of the Charter of 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.
For........................................................... 7,881 votes
Against .................................................... 2,246 votes
CITY OF BAYTOWN PROPOSITION R
The amendment of Article XI "Franchises and Public Utilities," Section 124 "Accounts of
municipally owned utilities" of the Charter of the City of Baytown, Texas, to conform to
current practice the number of times a certified public accountant will review the accounts of
the city's utilities.
For........................................................... 8,536 votes
Against ....................................................1,509 votes
CITY OF BAYTOWN PROPOSITION S
The amendment of Article XI "Franchises and Public Utilities," Section 125 "Regulation of
rates and service" of the Charter of the City of Baytown, Texas, to conform the city's rate
regulation authority to state law.
For........................................................... 8,378 votes
Against ....................................................1,616 votes
CITY OF BAYTOWN PROPOSITION T
The amendment of Article XII "General Provisions," Section 128 "Oath of office" of the
Charter of the City of Baytown, Texas, to conform the oath of office to state law.
For........................................................... 9,043 votes
Against .................................................... 1, 115 votes
CITY OF BAYTOWN PROPOSITION U
The amendment of Article XII "General Provisions," Section 130 "Hospital; operation" and
Section 131 Hospital; finances" of the Charter of the City of Baytown, Texas, to repeal such
sections in their entireties since this subject is governed by state law.
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For........................................................... 8,105 votes
Against ....................................................1,824 votes
CITY OF BAYTOWN PROPOSITION V
The amendment of Article XII "General Provisions," Section 133 "Housing authority" of the
Charter of the City of Baytown, Texas, to repeal such section in its entirety since this subject
is governed by state law.
For........................................................... 7,911 votes
Against .................................................... 1,981 votes
CITY OF BAYTOWN PROPOSITION W
The amendment of Article XII "General Provisions," Section 134 "Provisions relating to
assignment, execution and garnishment" of the Charter of the City of Baytown, Texas, to
update existing language and to conform to state law.
For........................................................... 8,348 votes
Against ....................................................1,523 votes
CITY OF BAYTOWN PROPOSITION X
The amendment of Article XII "General Provisions," Section 136 "Effect of this charter on
existing law" of the Charter of the City of Baytown, Texas, to repeal such section in its
entirety since this section is obsolete.
For........................................................... 8,203 votes
Against ....................................................1,682 votes
CITY OF BAYTOWN PROPOSITION Y
The amendment of Article XII "General provisions," Section 137 "Interim municipal
government" of the Charter of the City of Baytown, Texas, to repeal such section in its
entirety since such section is obsolete.
For........................................................... 8,135 votes
Against ...................................................1,754 votes; and
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CITY OF BAYTOWN PROPOSITION Z
The amendment of Article XII "General Provisions," Section 138 "Amending the charter,"
Subsection (e) "Charter review 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.
For........................................................... 7,736 votes
Against ...................................................2,216 votes; and
CITY OF BAYTOWN PROPOSITION AA
The amendment of Article XII "General Provisions," Section 140 "Construction of charter"
of the Charter of the City of Baytown, Texas, to add code construction provisions dealing
with singular/plural, delegation of authority, and references to law.
For........................................................... 8,168 votes
Against ...................................................1,791 votes; and
(Collectively "Election Returns"); and
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 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. A through AA 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, further finds that the notice
of the Election was duly and properly given as required by law and as provided in the ordinance
calling the Election and that the Election was duly and regularly held and the returns thereof duly and
regularly made by the proper officials of said Election and in all things according to law.
Section 3: That Brandon Capetillo received a majority of the votes cast at the election for
the office of Mayor, and accordingly, Brandon Capetillo is hereby declared elected to the office of
Mayor of the City of Baytown.
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Section 4: That the City Council ofthe City ofBaytown, Texas, based upon the results of
the special election concerning the reauthorization of 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 6, 2018,
finds that a majority of the electors in the City of Baytown voted "For" concerning the following
proposition at the special election:
CITY OF BAYTOWN PROPOSITION A
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 5: That the City Council of the City of Baytown, based upon the results of the
Charter Amendment Election held on November 6, 2018, hereby enters an order in the records of the
City of Baytown declaring that the Charter Amendments enumerated hereinbelow in Sections 6
through 31 are adopted.
Section 6: That pursuant to the Charter Amendment Election, Article I "Incorporation;
Form of Government; Corporate and General Powers," Section 5 "Eminent domain" 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. 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.
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Section 7: That pursuant to the Charter Amendment Election, Article I "Incorporation;
Form of Government; Corporate and General Powers," Section 6 "Street powers" 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. 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.
Section 8: That pursuant to the Charter Amendment Election, Article I "Incorporation;
Form of Government; Corporate and General Powers," Section 7 "Street improvements" 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. 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.
Section 9: That pursuant to the Charter Amendment Election, 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, is amended to read as follows:
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ARTICLE I. INCORPORATION; FORM OF GOVERNMENT;
CORPORATE AND GENERAL POWERS
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.
Section 10: That pursuant to the Charter Amendment Election, Article H "The Council,"
Section 12 "Number, selection, term" of the Charter of the City of Baytown, Texas, is amended to
read as follows:
ARTICLE II. THE COUNCIL
Sec. 12. Number, selection, term.
(a) Number. The city council shall be composed of a mayor and six council
members.
(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
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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.
Section 11: 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 H. THE COUNCIL
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.
Section 12: That pursuant to the Charter Amendment Election, 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, is amended to read as follows:
ARTICLE II. THE COUNCIL
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.
Section 13: That pursuant to the Charter Amendment Election, Article II "The Council,"
Section 22 "Administrative departments" of the Charter of the City of Baytown, Texas, is amended
to read as follows:
ARTICLE II. THE COUNCIL
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.
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Section 14: That pursuant to the Charter Amendment Election, Article II "The Council,"
Section 23 "City clerk" of the Charter of the City of Baytown, Texas, is amended to read as follows:
ARTICLE II. THE COUNCIL
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.
Section 15: That pursuant to the Charter Amendment Election, Article II "The Council,"
Section 27 "Rules of procedure; journal" of the Charter of the City of Baytown, Texas, is amended to
read as follows:
ARTICLE H. THE COUNCIL
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
Section 16: That pursuant to the Charter Amendment Election, Article IV "Department of
Law," Section 39 "City attorney; powers and duties" of the Charter of the City of Baytown, Texas, is
amended to read as follows:
ARTICLE IV. DEPARTMENT OF LAW
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 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.
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Section 17: That pursuant to the Charter Amendment Election, Article V "The Budget"
Section 41 "Preparation and submission of budget" of the Charter of the City of Baytown, Texas, is
amended to read as follows:
ARTICLE V. THE BUDGET
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.
Section 18: That pursuant to the Charter Amendment Election, Article VII "Finance
Administration," Section 67 "Director of finance; powers and duties" of the Charter of the City of
Baytown, Texas, is amended to read as follows:
ARTICLE VII. FINANCE ADMINISTRATION
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,
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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
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 maybe
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.
Section 19: That pursuant to the Charter Amendment Election, Article IX "Nominations
and Elections," Section 96 "Canvassing elections" of the Charter of the City of Baytown, Texas, is
amended to read as follows:
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ARTICLE IX. NOMINATIONS AND ELECTIONS
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.
Section 20: That pursuant to the Charter Amendment Election, Article XI "Franchises and
Public Utilities," Section 117 "Franchises; power of council" of the Charter of the City of Baytown,
Texas, is amended to read as follows:
ARTICLE XI. FRANCHISES AND PUBLIC UTILITIES
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.
Section 21: That pursuant to the Charter Amendment Election, Article XI "Franchises and
Public Utilities," Section 123 "Franchise records" of the Charter of the City of Baytown, Texas, is
amended to read as follows:
ARTICLE M. FRANCHISES AND PUBLIC UTILITIES
Sec. 123. Franchise records.
The city shall compile and maintain a public record of public utility
franchises.
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Section 22: That pursuant to the Charter Amendment Election, Article XI "Franchises and
Public Utilities," Section 124 "Accounts of municipally owned utilities" of the Charter of the City of
Baytown, Texas, is amended to read as follows:
ARTICLE M. FRANCHISES AND PUBLIC UTILITIES
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.
Section 23: That pursuant to the Charter Amendment Election, Article XI "Franchises and
Public Utilities," Section 125 "Regulation of rates and service" of the Charter of the City of
Baytown, Texas, is amended to read as follows:
ARTICLE XI. FRANCHISES AND PUBLIC UTILITIES
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.
Section 24: That pursuant to the Charter Amendment Election, Article XII "General
Provisions," Section 128 "Oath of office" of the Charter of the City of Baytown, Texas, is amended
to read as follows:
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ARTICLE XII. GENERAL PROVISIONS
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.
Section 25: That pursuant to the Charter Amendment Election, Article XII "General
Provisions," Section 130 "Hospital; operation" and Section 131 Hospital; finances" of the Charterof
the City of Baytown, Texas, are repealed in their entireties.
Section 26: That pursuant to the Charter Amendment Election, Article XII "General
Provisions," Section 133 "Housing authority" of the Charter of the City of Baytown, Texas, is
repealed in its entirety.
Section 27: That pursuant to the Charter Amendment Election, Article XII "General
Provisions," Section 134 "Provisions relating to assignment, execution and garnishment" of the
Charter of the City of Baytown, Texas, is amended to read as follows:
ARTICLE XII. GENERAL PROVISIONS
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.
WE
Section 28: That pursuant to the Charter Amendment Election, Article XII "General
Provisions," Section 136 "Effect of this charter on existing law" of the Charter of the City of
Baytown, Texas, is repealed in its entirety.
Section 29: That pursuant to the Charter Amendment Election, Article XII "General
Provisions," Section 137 "Interim municipal government" of the Charter of the City of Baytown,
Texas, is repealed in its entirety.
Section 30: That pursuant to the Charter Amendment Election, Article XII "General
Provisions," Section 138 "Amending the charter," Subsection (e) "Charter review committee" of the
Charter of the City of Baytown, Texas, is amended to read as follows:
ARTICLE XII. GENERAL PROVISIONS
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;
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
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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.
Section 31: That pursuant to the Charter Amendment Election, Article XII "General
Provisions," Section 140 "Construction of charter" of the Charter of the City of Baytown, Texas, is
amended to read as follows:
ARTICLE XII. GENERAL PROVISIONS
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 32: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
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INTRODUCED, READ and PASSED by the affirmative vote of ticity Council of the City
of Baytown this the 19"' day of November, 2018. /
ATTE
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
DONCARLOS,
ff"11VW^S1V'
ACIO RAMIREZ, $R /City Attorney
M
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