Ordinance No. 10,132ORDINANCE NO, 10,132
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 2
"ADMINISTRATION," ARTICLE IV "BOARDS AND
COMMISSIONS" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, BY ADDING A NEW DIVISION TO BE NUMBERED AND
ENTITLED DIVISION 11 ` BAYTOWN BEAUTIFICATION
ADVISORY COMMISSION" TO ESTABLISH SUCH COMMISSION,
PROVIDE FOR ITS MEMBERSHIP ALONG WITH ITS POWERS
AND DUTIES; PROVIDING 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," by adding a new division to be numbered and entitled Division 11
"Baytown Beautification Advisory Commission," which shall read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 11. BAYTOWN BEAUTIFICATION ADVISORY COMMISSION
Sec. 2 -561. Created; membership.
There is created a fifteen- member advisory board which shall assist and advise the
city council on the proper operation of the city's beautification efforts. The board shall be
known as the Baytown Beautification Advisory Commission and shall have no rule -
making authority.
Sec. 2 -562. Appointments, terms.
(a) The Baytown Beautification Advisory Commission shall consist of fifteen
members, who are residents of the city. The mayor shall appoint three members
and each council member shall appoint two members. All appointed members
are subject to approval of the city council. The members of the commission shall
serve at the pleasure of the city council and may be removed by the city council
with or without cause. . Members may be chosen from civic organizations,
educational institutions, businesses, non - profit charitable organizations,
is governmental institutions, or the public at large.
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(b) The terms of persons appointed as members of the commission shall be as
follows:
(1) Of the initial fifteen members appointed by the city council, eight shall be
appointed to serve a one -year term and seven shall be appointed to serve a
two -year term. The mayor shall appoint two members for the initial one -
year term and each member of the city council shall appoint one member
for the initial one -year term. The mayor and each council member shall
each appoint one member to serve the initial two -year term. Terms of
office shall commence on October 1.
(2) Subsequent terms of all members shall be two years.
(3) If vacancies occur in the board, such vacancies shall be filled in the same
manner as original appointments. Appointments to vacancies shall be for
the unexpired term of the position to which the appointment is made
(4) Members shall serve until their successors have been appointed.
Sec. 2 -563. Rules of procedure.
(a) The Baytown Beautification Advisory Commission shall establish its own rules
and procedures, provided that such shall not be in conflict with this division, the
charter or other provisions of law.
(b) A quorum shall consist of the majority of the entire membership of the
commission and an affirmative vote of the majority of those present shall be
necessary to pass upon pending questions. The chairperson shall be entitled to
vote upon any question, but shall have no veto power.
(c) Meetings shall be open to the public and shall be held at least four times per year
at the call of the chairperson and at other times as determined by the commission.
(d) The board shall keep minutes of its meetings that indicate the vote of each
member on each question or the fact that a member is absent or fails to vote. The
board shall keep records of its official actions. The minutes and records shall be
filed in the health department's office and are public records.
Sec. 2-564. Officers.
(a) At the first scheduled board meeting in November of each year, or as soon
thereafter as practicable, the first item of business shall be the selection of the
. board's chairperson and vice - chairperson from among the membership of the
board.
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(c) The vice - chairperson shall assist the chairperson in directing the affairs of the
board. In the absence of the chairperson, the vice - chairperson shall assume the
duties of the chairperson. The vice - chairperson, when acting as chairperson, shall
retain the right to vote.
(d) In the event of the absence of both the chairperson and vice - chairperson, any
member of the board may be selected as the acting chairperson for that particular
meeting by majority vote of the members present. Any board member acting as
chairperson shall retain the right to vote. No member shall be required to act as
chairperson if the member so declines.
Sec. 2 -565. Attendance at meetings.
Any member of the Baytown Beautification Advisory Commission who misses
three consecutive regular meetings without valid reason may be deemed no longer
interested in serving, and the commission may ask the city council to remove the
commission member and appoint a person to fill the remaining term of such member.
Sec. 2 -566. Duties; reports.
(a) The duties of Baytown Beautification Advisory Commission shall be to promote
public interest in the general improvement of the environment of the city; to
initiate, plan, direct and coordinate programs for litter control and neighborhood
improvement in conjunction with, and in voluntary cooperation of citizens,
government, businesses and industries within the city on a sustained basis; to
implement and maintain the Keep America Beautiful, Inc., and Keep Texas
Beautiful systems, and to study, investigate and develop plans for the cleanliness
and beautification of the city. The commission shall focus upon the following
areas of interest:
(1) A continuous education program designed to change the attitude of all the
citizens of the city toward the disposal of waste and to motivate citizens to
keep their city clean;
(2) Recommendations for more stringent enforcement and additional program
alternatives;
(3) Development of programs within city government and the community
which will aid in the sustained reduction of litter;
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(4) Recommendations to the city, for adoption, legislative changes with
regard to the handling of solid waste or the control and elimination of
litter, trash and waste materials;
(5) Recommendations for beautification programs including, but not limited
to, landscaping of main entryways and public rights of way within the
City;
(6) Developing recognition programs to recognize the efforts of residents and
businesses towards the beautification of the community; and
(7) Make an annual report to the city council on or before July I" of each
year.
(b) The Baytown Beautification Advisory Commission is further authorized to make
recommendations to the city council as well as to the private sector regarding
measures which it deems necessary to accomplish the objectives of the Keep
America Beautiful, Inc., and Keep Texas Beautiful systems. The commission may
solicit contributions from the business community, private citizens and interested
organizations, which shall be used to pursue the objectives of the commission.
(c) The Baytown Beautification Advisory Commission is further authorized to work
with the city manager and make recommendations to the city manager about any
matter that it deems beneficial to the administration, provided that such functions
shall be consistent with its duties enumerated in this section and do not
contravene with the Charter or any other law. The commission's
recommendations shall be considered advisory only.
(d) The Baytown Beautification Advisory Commission shall perform such functions
as may be duly delegated to it from time to time by the city council.
Sec. 2 -567. Subcommittees.
To exercise the powers and accomplish the duties of the Baytown Beautification
Advisory Commission, the commission may establish subcommittees including, but not
limited to, the areas of business and industry, communications, community organizations,
municipal operations and schools. Each subcommittee shall be chaired by a commission
member with an unspecified number of community volunteers chosen by the commission
as working subcommittee staff.
Sec. 2 -568. Donations.
All donations received in support of the Baytown Beautification Program shall be
® deposited into the city's treasury with a separate general ledger account set up to reflect
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the receipts and disbursements. All expenditures shall be made in accordance with the
t• city's purchasing policies and procedures.
Section 2: 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 3: If any provision, section, exception, subsection, paragraph,
sentence, clause or phrase of this 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 affect 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 4: This ordinance shall take effect immediately from and after its
passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the affirmative vote of the City Council
of the City of Baytown this the 25th day of August, 2005.
CALVIN MUNDINGER, Mayor
ATTEST:
G Y . "`SMITH, City Clerk
APPROVED AS TO FORM:
dAMCIaO �RAMIREZ. SR., City Attorney
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