Ordinance No. 10,283ORDINANCE NO. 10,283
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 13T"
DAY OF MAY, 2006, FOR THE PURPOSES OF AMENDING ARTICLE 11
"THE COUNCIL," SECTION 12 "NUMBER, SELECTION, TERM," SECTION
16 "VACANCIES IN COUNCIL," AND SECTION 25 "INDUCTION OF
COUNCIL INTO OFFICE; MEETINGS OF COUNCIL "; ARTICLE X
"INITIATIVE, REFERENDUM AND RECALL," SECTION 97 "POWER OF
INITIATIVE," SECTION 98 "POWER OF REFERENDUM," AND SECTION
110 "RECALL PETITIONS" OF THE CHARTER OF THE CITY OF
BAYTOWN, TEXAS; AMENDING ARTICLE XII "GENERAL PROVISIONS"
OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS, TO ADD A
NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 140
"CONSTRUCTION OF CHARTER "; DESIGNATING THE PLACES AND
MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS;
ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR
AN EARLY BALLOT BOARD FOR EARLY BALLOTS; ESTABLISHING
r CERTAIN PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
} MAILING, POSTING AND PUBLICATION OF NOTICE.
WHEREAS, on February 9, 2006, the City Council of the City of Baytown, Texas, called
its regular municipal election for the purpose of electing the Mayor and Council Members from
District Numbers 4, 5 and 6; and
WHEREAS, the City Council desires to submit to the voters certain charter amendments;
and
WHEREAS, the City Council herein calls a special election to be held on the 13`h day of
May, 2006, for purposes of voting for or against charter amendments; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That a special election, pursuant to Article XII, Section 138 of the Charter
of the City of Baytown, Texas and pursuant to Sections 41.001 and 41.031 of the Texas Election
Code, shall be held between the hours of seven o'clock a.m. and seven o'clock p.m. on the 13th
day of May, 2006, in the City of Baytown, Texas, for the purpose 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 the Goose Creek Consolidated Independent
School District pursuant to the joint election agreement previously approved and amended by the
City Council on February 9, 2006, and February 23, 2006, via Ordinance Nos. 10,263 and
10,271. The proposed amendments affect only the Articles and sections listed below which are
0 submitted for amendment to read as follows:
•
PROPOSITION NO. 1
Amending Article II "The Council," Section 12 "Number, selection, term" of the Charter
of the City of Baytown, Texas, 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. Subject to subsections (e) and (f) of this section, 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, S 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.
(f) Transition. To make the transition from two -year terms to three -year
terms, it is necessary for the mayor to hold over in office for one year after
the expiration of his/her two -year term in 2008. If a vacancy occurs in a
holdover position, it shall be filled in an election as other vacancies are
filled.
PROPOSITION NO. 2
Amending Article II "The Council," Section 16 "Vacancies in council" of the Charter of
the City of Baytown, Texas, to read as follows:
N
• ARTICLE II. The Council
•
Sec. 16. Vacancies in council.
(a) Generally. A vacancy in the council shall be filled by a qualified voter
residing in the district in which the vacancy occurred.
(b) Two -year terms. The council may chose that a single vacancy in council
with two -year terms be filled either by a majority vote of the remaining
members of the council or by a majority vote of the qualified voters from
the single- member district or the city at- large, as applicable. Where more
than one vacancy in council with two -year terms shall develop at any one
time, then an election shall be held and the vacancies shall be filled by a
majority vote of the qualified voters from the single- member district or the
city at- large, as applicable.
(c) Three-year terms. Vacancies in council with three -year terms shall be
filled in accordance with law by a majority vote of the qualified voters
from the single- member district or the city at- large, as applicable.
PROPOSITION NO. 3
Amending Article II "The Council," Section 25 "Induction of council into office;
meetings of council' of the Charter of the City of Baytown, Texas, to read as follows:
ARTICLE II. The Council
Sec. 25. Induction of council into office; meetings of council.
The regular municipal election shall be held on the May uniform election date,
unless another date is established by law. After canvassing the results of the
election, the council shall meet at the usual place for holding meetings, and the
newly - elected members shall qualify and assume the duties of office. Thereafter,
the council shall meet regularly at such times as may be prescribed by its rules but'
not less frequently than once each month. All meetings of the council shall be
open to the public, except as authorized by law; special meetings shall be called
by the city clerk upon request of the mayor, city manager or a majority of the
members of the council
K
is PROPOSITION NO. 4
Amending Article X "Initiative, Referendum and Recall," Section 97 "Power of
initiative" of the Charter of the City of Baytown, Texas, to read as follows:
ARTICLE X. Initiative, Referendum and Recall
Sec. 97. Power of initiative.
The electors shall have power to propose any ordinance except an ordinance
appropriating money or authorizing the levy of taxes, and to adopt or reject the
same at the polls, such power being known as the initiative. Any initiative
ordinance may be submitted to the council by a petition signed by qualified
electors of the city equal in number to at least twenty-five percent of the number
of votes cast at the last regular municipal election at which at least two
candidates ran for mayor.
PROPOSITION NO. 5
Amending Article X "Initiative, Referendum and Recall," Section 98 "Power of
referendum" of the Charter of the City of Baytown, Texas, to read as follows:
ARTICLE X. Initiative, Referendum and Recall
Sec. 98. Power of referendum.
The electors shall have power to approve or reject at the polls any ordinance
passed by the council, or submitted by the council to a vote of the electors, except
as provided in Section 62, such power being known as the referendum.
Ordinances submitted to the council by initiative petition and passed by the
council without change shall be subject to the referendum in the same manner as
other ordinances. Within twenty days after the enactment by the council of any
ordinance which is subject to a referendum, a petition signed by qualified electors
of the city equal in number to at least twenty-five percent of the number of votes
cast at the last preceding regular municipal election at which at least two
candidates ran for mayor may be filed with the city clerk requesting that any such
ordinance be either repealed or submitted to a vote of the electors.
PROPOSITION NO. 6
Amending Article X "Initiative, Referendum and Recall," Section 110 "Recall petitions"
of the Charter of the City of Baytown, Texas, to read as follows:
ARTICLE X. Initiative, Referendum and Recall
Sec. 110. Recall petitions.
The recall petition to be effective must be returned and filed with the city clerk
® within thirty days after the filing of the affidavit required in Section 109. A recall
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• petition concerning a council member must be signed by qualified electors
entitled to vote for a successor to the member subject to the recall, equal in
number the votes cast at the last general municipal election at which at least two
candidates ran for the place occupied by the member sought to be removed. A
recall petition concerning a mayor must be signed by qualified electors of the city
equal in number to at least fifty -one percent (51 %) of the votes cast at the last
general municipal election at which at least two candidates ran for mayor,
provided, however, that the petition shall contain the signatures of at least seven
hundred (700) qualified electors of the city. A recall petition shall conform to the
provisions of Section 99 herein. No petition papers shall be accepted as part of a
petition unless it bears the signature of the city clerk as required in Section 109
herein.
•
PROPOSITION NO. 7
Amending Article XII "General Provisions" of the Charter of the City of Baytown,
Texas, to add a new section to be numbered and entitled Section 140 "Construction of Charter,"
which shall 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.
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 this special election shall be substantially as
follows:
OFFICIAL BALLOT
PROPOSITION NO. l
The amendment of Section 12 of the Charter of the City of
[� FOR Baytown, Texas, to conform to state and federal law and to
lengthen the term of office for mayor and all members of the city
[ ] AGAINST council to three years commencing in 2007 for Districts 1, 2, and
3, commencing in 2008 for Districts 4, 5, and 6, and commencing
in 2009 for the Mayor after holding over in office for one year
after the expiration of his/her two -year term.
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•
•
OFFICIAL BALLOT
PROPOSITION NO. 2
[]FOR The amendment of Section 16 of the Charter of the City of
Baytown, Texas, to allow a single vacancy in council to be filled
[ ] AGAINST either by appointment or by special election if members of city
council are elected for two -year terms; and to require a vacancy
in council to be filled by special election if members of city
council are elected for three -year terms.
[ ] FOR PROPOSITION NO. 3
The amendment of Section 25 of the Charter of the City of
[ j AGAINST Baytown, Texas, to conform to state law regarding election dates
and to require City Council to hold open meetings and to allow
executive sessions as authorized by law.
[ ] FOR PROPOSITION NO. 4
The amendment of Section 97 of the Charter of the City of
[ ] AGAINST Baytown, Texas, to base the number of signatures required on an
initiative petition on a percentage of votes cast at the last
contested mayoral election.
[]FOR PROPOSITION NO. 5
The amendment of Section 98 of the Charter of the City of
[ ] AGAINST Baytown, Texas, to base the number of signatures required on a
referendum petition on a percentage of votes cast at the last
contested mayoral election.
PROPOSITION NO. 6
The amendment of Section 110 of the Charter of the City of
[ ] FOR Baytown, Texas, to require a council member recall petition to
contain signatures of qualified voters equal to the number of the
[ ] AGAINST votes cast at the last contested election in the district subject to
recall and to require a mayoral recall petition to contain
signatures of qualified voters equal to at least 51% of the votes
cast at the last contested mayoral election.
[ ] FOR PROPOSITION NO. 7
The amendment of the Charter of the City of Baytown, Texas, to
[ ] AGAINST add a new section that provides rules for interpreting the charter,
to address gender, tense, and grammatical issues.
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 precincts, polling places and election officials that the City
Council has designated in Ordinance No. 10,262 and as amended for its regular municipal
election to be held on May 13, 2006, shall be used for the special election ordered in Section 1
hereof. In addition to the presiding judge and alternate judge for each precinct therein
designated, the clerks shall be appointed by the presiding judge for each precinct and the Early
Voting Ballot Board in accordance with Ordinance No. 10,262. The judges and clerks shall be
compensated at the rates specified in Ordinance No. 10,262.
Section 6: 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.
Section 7: 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 Office of the City Clerk in the City
Council Chamber of the City Hall of the City of Baytown, located at 2401 Market Street with
branch early voting at the Goose Creek Consolidated Independent School District's
Administration Building, located at 4544 Interstate 10 East. The City Clerk is hereby appointed
the early voting clerk. Paper ballots shall be used for early voting by mail and direct recording
electronic (DRE) equipment shall be used for early voting by personal appearance. Early voting
by personal appearance shall commence on May 1, 2006, at seven o'clock (7:00) a.m., and end at
seven o'clock (7:00) p.m. on May 9, 2006. Early voting by personal appearance shall be
conducted during the regular business hours of the City Clerk's Office each weekday from eight
o'clock (8:00) a.m. until five o'clock (5:00) p.m., except on May 1, 2006, and May 9, 2006. On
such days, the City Clerk's regular business hours are hereby designated as seven o'clock (7:00)
a.m. to seven o'clock (7:00 p.m.).
Section 8: 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 Council 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 proclamation of this election shall be issued and posted on the bulletin board used
for posting notices of meetings not later than the twenty-first (21st) day before the date of the
election ordered herein.
Section 9: The Board Conference Room of the Administration Building of the Goose
Creek Consolidated Independent School District, located at 4544 Interstate 10 East, is hereby
established as the Central Counting Station to receive and tabulate voted ballots. However,
should the Goose Creek Consolidated School District not hold an election on the 13`h day of
May, 2006, the Council Chambers and Hullum Conference Room of the City Hall of the City of
Baytown, located at 2401 Market Street, shall be the Central Counting Station to receive and
tabulate voted ballots.
Section 10: That the persons authorized and approved as persons employed and
designated to handle the ballots, operate the tabulating equipment, count the ballots, and be
present in the Central Counting Station as designated by the City Council via Ordinance No.
10,262 for its regular municipal election are hereby authorized and approved for the same
purposes in relation to the special election.
Section 11: That the Early Voting Ballot Board created and appointed for the regular
® municipal election via Ordinance No. 10,262 is hereby created and appointed to the Early Voting
Ballot Board for the special election for the purpose of processing early voting results.
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® Section 12: That the committee established and the persons appointed to perform
computer accuracy tests in accordance with Section 127.093 of the Texas Election Code for the
regular municipal election via Ordinance No. 10,262 are hereby established and appointed to
perform computer accuracy tests in accordance with Section 127.093 of the Texas Election Code
for the special election.
Section 13: The Mayor is hereby directed to give notice of said elections by publishing a
copy of the Election Proclamation and Notice in a newspaper of general circulation within the
City of Baytown, Texas; said publication to be made no earlier than the 30th day or later than the
tenth day prior to the date of said elections. Additionally, the City Clerk is hereby directed to
mail a copy of the proposed amendments to each qualified voter in the City not less than thirty
(30) days prior to the special election. 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 and Chapter 9 of the Texas
Local Government Code.
Section 14: In all matters relating to the ordering, giving notice, and holding the
elections, 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 15: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown on this the 91h day of March, 2006.
CALVIN MUNDINGER, May
L D , City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, S ity Attorney
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