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Ordinance No. 10,335ORDINANCE NO. 10,335 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING AMENDMENTS TO ARTICLE II "THE CITY 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 "; AND ARTICLE XII "GENERAL PROVISIONS," SECTION 140 "CONSTRUCTION OF CHARTER" OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS, ADOPTED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City Council of the City of Baytown on March 9, 2006, ordered a special election to be held on May 13, 2006, for the purpose of amending Article II "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; and for the purpose of 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 "; and WHEREAS, on May 13, 2006, a uniform election date, voters within the City voted upon the propositions enumerated hereinbelow; and WHEREAS, on May 22, 2006, the City Council of the City of Baytown canvassed the results of the charter amendment election and found the votes cast were as follows: PROPOSITION NO. 1 The amendment of Section 12 of the Charter of the City of Baytown, Texas, to conform to state and federal law and to lengthen the term of office for mayor and all members of the city 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. For 1573 votes Against 646 votes PROPOSITION NO. 2 The amendment of Section 16 of the Charter of the City of Baytown, Texas, to allow a single vacancy in council to be filled 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 1764 votes Against 447 votes PROPOSITION NO. 3 The amendment of Section 25 of the Charter of the City of 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 1833 votes Against 381 votes PROPOSITION NO. 4 The amendment of Section 97 of the Charter of the City of 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 1628 votes Against 517 votes PROPOSITION NO. 5 The amendment of Section 98 of the Charter of the City of 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. For 1617 votes Against 498 votes PROPOSITION NO. 6 The amendment of Section 110 of the Charter of the City of Baytown, Texas, to require a council member recall petition to contain signatures of qualified voters equal to the number of the 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. I For 1630 votes Against 478 votes PROPOSITION NO. 7 The amendment of the Charter of the City of Baytown, Texas, to add a new section that provides rules for interpreting the charter, to address gender, tense, and grammatical issues. For 1605 votes Against 519 votes 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 resolution enters its order in the records of the City of Baytown declaring the Charter amendments 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, based upon the results of the Charter amendment election held on May 13, 2006, hereby enters an order in the records of the City of Baytown declaring that the Charter Amendments enumerated hereinbelow in Sections 3 through 9 are adopted. Section 3: That pursuant to the Charter Amendment Election, 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. 3 (c) Districts. The city shall be divided into six (6) city council single- member (10 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 terns. 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. (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. Section 4: That pursuant to the Charter Amendment Election, Article II "The Council," Section 16 "Vacancies in council" of the Charter of the City of Baytown, Texas, is hereby amended to read as follows: ARTICLE IL 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 chosse that a single vacancy in council with two -year terms be tilled 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. M Section 5: That pursuant to the Charter Amendment Election, Article II "The Council," Section 25 "Induction of council into office; meetings of council" of the Charter of the City of Baytown, Texas, is hereby amended 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. Section 6: That pursuant to the Charter Amendment Election, Article X "Initiative. Referendum and Recall," Section 97 "Power of initiative" of the Charter of the City of Baytown, Texas, is hereby amended 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. Section 7: That pursuant to the Charter Amendment Election, Article X "Initiative, Referendum and Recall," Section 98 "Power of referendum" of the Charter of the City of Baytown. Texas, is hereby amended 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. 5 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. Section 8: That pursuant to the Charter Amendment Election, Article X "Initiative, Referendum and Recall," Section 110 "Recall petitions" of the Charter of the City of Baytown, Texas, is hereby amended 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 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 to 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. Section 9: That pursuant to the Charter Amendment Election, Article XII "General Provisions" of the Charter of the City of Baytown, Texas, is hereby amended 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. on (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 10: 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 22nd day of May, 2006. AT CALVIN MUNDINGER, Ma r TE�� � - LO Y, City Clerk APPROVED AS TO FORM: ACID RAMIREZ, SR., Ci ttorney RAKaren\Files\City CouncillOrdinances00061May 251CharterAmendments.doc