Ordinance No. 11,031ORDINANCE NO. 11,031
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN.
TEXAS, AMENDING CHAPTER 2 `ADMINISTRATION," ARTICLE IV
"BOARDS AND COMMISSIONS," DIVISION 2 "PARKS AND
RECREATION BOARD," SECTION 2 -281 "CREA'T'ED; MEMBERSHIP ";
DIVISION 3 "PLANNING AND ZONING COMMISSION," SECTION 2 -316
"CREATED," SEC'T'ION 2 -320 "APPOINTMENTS." AND SECTION 2 -325
"QUORUM: VOTING "; DIVISION 5 "COMMUNITY DEVELOPMENT
ADVISORY COMMITTEE." SECTION 2 -386 " CRIA'TED; COMPOSITION,"
SECTION 2 -387 "REPRESENTATION." AND SECTION 2 -388
"APPOINTMENTS ": DIVISION 7 "CULTURAL ARTS COUNCIL," SECTION
2 -457 "APPOINTMENTS; QUALIFICATIONS"; SECTION 2 -458 "TERMS ":
DIVISION 9 "ANIMAL CONTROL ADVISORY COMMITTEE." SECTION 2-
512 "COMPOSITION; TERMS ": AND DIVISION 11 `'BEAUTIFICATION
ADVISORY COMMISSION," SECTION 2 -561 "CREATED: MEMBERSI -TIP,"
SECTION 2 -562 "APPOINTMENTS: TERMS ": CHAPTER 18 "BUILDINGS
AND BUILDING REGULATIONS." ARTICLE II "BUILDING
CONSTRUCTION STANDARDS." DIVISION 2 "CONSTRUCTION BOARD
OF ADJUSTMENTS AND APPEALS," SECTION 18 -56 `-ESTABLISHED:
COMPOSITION; APPOINTMENT "; CHAPTER 26 "COMMUNITY
DEVELOPMENT," ARTICLE II "URBAN REHABILITATION
STANDARDS," DIVISION 3 "REVIEW BOARD," SECTION 26 -102
"ORGANIZATION ": CHAPTER 30 "EMERGENCY SERVICES," ARTICLE
III "EMERGENCY MEDICAL SERVICE," DIVISION 2 "EMERGENCY
MEDICAL SERVICE ADVISORY COMMITTEE," SECTION 30 -121
"CREATED; COMPOSITION "; CHAPTER 54 "LIBRARY," ARTICLE III
"LIBRARY BOARD," SECTION 54 -61 "CREATED: MEMBERSHIP" AND
SECTION 54 -62 "QUALIFICATIONS; VACANCIES "; AND CHAPTER 102
"VEHICLES FOR HIRE." ARTICLE III "TOW TRUCKS." DIVISION 1
"GENERALLY." SECTION 102 -138 "TOW TRUCK COMMITTEE;
HEARINGS.- SUBSECTION (A) OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO INCLUDE YOUTH TO THE BOARDS,
COMMISSIONS, AND COMMITTEES, CONTAINING 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 l: That Chapter 2 "Administration," Article IV "Boards and Commissions.'
Division 2 "Parks and Recreation Board," Section 2 -281 "Created; membership" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. ADIIINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 2. PARKS AND RECREATION BOARD
Sec. 2 -281. Created; membership.
(a) There is created an advisory board which shall assist and advise the city council on the
proper operation of the city's parks and recreational facilities. The board shall be known
as the parks and recreation board.
(b) The parks and recreation board shall be composed of:
1. seven members appointed by the Mayor and subject to the approval of the city
council: and
2. one youth member between the ages of 14 and 18 appointed by the Mayor and
subject to the approval of the city council.
With the exception of the youth member, who shall serve a one -year term, members shall hold
office for three -year staggered terms. All members of the board shall be residents of the city. If
vacancies occur in, the board, such vacancies shall be filled in the same manner as original
appointments. except such terms shall only be for the remainder of the unexpired term.
Appointment of new board members will be done by the mayor with the approval of the city
council, prior to September 1, as terms of office will run from September 1 to August 31.
Section 2: That Chapter 2 "Administration," Article IV "Boards and Commissions,"
Division 3 "Planning and Zoning Commission,'' Section 2 -316 "Created" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. AWNIINISTRATION
ARTICLE IV. BOARDS _—MND CO.NINI1SSIONS
DIVISION 3. PLANNING AND ZONING COMMISSION
Sec. 2-316. Created.
An agency of the city council is created which shall be known as the planning and zoning
commission, and such commission shall consist of:
nine voting members: and
2. one youth ex officio member between the ages of' 14 and 18, who shall possess no
voting privileges and whose only function shall be to render advice to the regular
members of the commission.
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Section 3: That Chapter 2 -Administration." Article IV "Boards and Commissions,"
Division 3 "Planning and Zoning Commission," Section 2 -320 "Appointments" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 3. PLANNING AND ZONING COMMISSION
See. 2-320. Appointments.
(a) Five voting members of the planning and zoning commission shall be appointed during
odd - numbered years, and four voting members shall be appointed during even - numbered
years. One voting member shall be appointed from the city's extraterritorial jurisdiction
and the remaining members shall be appointed from within the corporate limits of the
city. Additionally, at least one voting member shall be a representative of the real estate,
development or building industry, who is not an employee or oflicial of a political
subdivision or governmental entity. Terms of voting members shall begin on January 1
and extend for two calendar years. The term of the youth ex officio member shall begin
on January I and extend for one calendar year.
(b) The city council shall appoint seven of the voting commission members. The city
manager shall nominate. subject to city council confirmation. two voting members. The
mayor shall nominate, subject to city council confnnation the one youth ex officio
member. One of the city manager's nominees shall be a representative of the city's
extraterritorial jurisdiction and the other shall be a representative of the real estate,
development or building industry, who is not an employee or official of a political
subdivision or governmental entity. In making the initial appointments, the city council
shall designate four of their appointments to serve two years and three of their
appointments to serve one year. The city manager shall designate which of his initial
nominees are to serve for a two -year term and which shall serve for a one -year term.
Thereafter all appointments shall be for two years. I- lowever, the city council may remove
a member at any time by a vote of the city council in public session.
(c) As the terms of office of the individual members terminate, the city council shall, as soon
as possible, appoint members and /or confirm the city manager's and/or mayor's
appointment to till such vacancies for the new terms. The council, if interim vacancies
occur. shall appoint or confine the city manager's or mayor's appointment of a successor
for the remainder of the term.
Section 4: That Chapter 2 "Administration," Article IV "Boards and Commissions,"
Division 3 "Planning and Zoning Commission," Section 2 -325 "Quorum; Voting' of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as fellows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 3. PLANNING AND ZONING COMMISSION
Sec. 2 -325. Quorum; voting.
A quorum shall consist of a majority of the entire voting membership of the planning and
zoning commission. and any issue to be voted on shall be resolved by a majority of those voting
members present. The chairperson shall be entitled to vote upon any question, but shall have no
veto power.
Section 5: That Chapter 2 "Administration," Article IV "Boards and Commissions,"
Division 5 "Community Development Advisory Committee," Section 2 -386 "Created;
composition' of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 5. COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
Sec. 2 -386. Created; composition.
There is created a community development advisory committee which shall consist of:
seven members: and
2. one youth member between the ages of 14 and 18.
The members of this committee shall be residents of the city and shall be appointed by the city
council.
Section 6: That Chapter 2 "Administration," Article IV "Boards and Commissions,"
Division 5 "Community Development Advisory Committee," Section 2 -387 "Representation" of
the Code of Ordinances, Baytown, Texas. is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND CONIMISSIONS
DIVISION 5. COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
See. 2-387. Representation.
The community development advisory committee shall have representation of low- to
moderate - income areas of the city, as defined by the Department of Housing and Urban
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Development. Minority groups will at least be represented in proportion to such citywide
percentage representation. The committee shall consist of at least one member from each of the
six council districts. The youth member shall be from the city at- large.
Section 7: That Chapter 2 "Administration," Article IV "Boards and Commissions,"
Division 5 "Community Development Advisory Committee," Section 2 -388 "Appointments" of
the Code of Ordinances. Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 5. COMMUNITY DEVELOPMENT ADVISORV COMMITTEE
See. 2-388. Appointments.
Members of the community development advisory committee shall be appointed in
January of each year. The youth member shall be appointed for one -year terms and the
remaining members shall be appointed for two -year terms. Excluding the youth member, five
members shall be appointed in odd - numbered years and four members appointed in even -
numbered years. All members shall serve at the pleasure of the city council.
Section 8: That Chapter 2 "Administration," Article IV "Boards and Commissions,"
Division 7 "Cultural Arts Council," Section 2 -457 "Appointments; qualifications" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. AD1\IINISTICATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 7. CULTURAL ARTS COUNCIL
Sec. 2 -457. Appointments; qualifications.
(a) The cultural arts council shall consist of.
five members to be appointed by the city council; and
2. one youth member between the ages of 14 and 18 to be appointed by the city
council.
The members of such board shall serve at the pleasure of the city council and may be
removed by the city council with or without cause.
(b) All members of the cultural arts council shall be active in city cultural arts organizations.
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Section 9: That Chapter 2 "Administration,' Article IV "Boards and Commissions,"
Division 7 ''Cultural Arts Council." Section 2 -458 "Terms" of the Code of Ordinances, Baytown,
Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND CONINIISSIONS
DIVISION 7. CULTURAL ARTS COUNCIL
See. 2-458. Terms.
The terms of the persons appointed as members of the cultural arts council shall be as
follows:
(1) Of the initial five non -youth members appointed by the city council. three shall be
appointed to serve three -year terms. one shall be appointed to serve a two -year
term, and one shall be appointed to serve a one -year term. Subsequent terms of
these non -youth members shall be for three years.
(2) The youth member appointed by the city council shall serve one -year terms.
(3) 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.
Section 10: That Chapter 2 "Administration,' Article IV 'Boards and
Commissions." Division 9 "Animal Control Advisory Committee." Section 2-512 "Composition:
terms" of the Code of Ordinances. Baytown, Texas. is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 9. ANIMAL CONTROL ADVISORY COMMITTEE
See. 2 -512. Composition; terms.
(a) The animal control advisory committee shall be composed of the director of health, the
chief of police, one licensed veterinarian. a one representative from an animal welfare
organization. one interested citizen, and one youth between the ages of 14 and 18.
(b) The initial appointments shall be as follows:
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(1) licensed veterinarian ..................................... ..............................2 -year term
(2) representative of an animal welfare organization ....................... 1-yearterm
(3) interested citizen .......................................... ............................... 1 -year term
(4) youth member .............................................. ............................... 1 -year term
Except for the youth member who shall serve one -year term, subsequent appointments
shall be for two -year terms.
Section 11: That Chapter 2 " Adminstration," Article IV '`Boards and
Commissions." Division 11 `Beautification Advisory Commission," Section 2 -561 "Created;
membership" of the Code of Ordinances, Baytown. Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND CONI;NIISSIONS
DIVISION 11. BEAUTIFICATION ADVISORY COMMISSION
See. 2 -561. Created; membership.
There is created an 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.
Section 12: That Chapter 2 'Administration," Article 1V "Boards and
Commissions," Division 11 'Beautification Advisory Commission," Section 2 -562
"Appointments: terms" of the Code of Ordinances. Baytown. Texas, is hereby amended to read
as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 11. BEAUTIFICATION ADVISORY COMMMISSION
Sec. 2 -562. Appointments; terms.
(a) Except as provided in subsection (c) hereof, the Baytown Beautification Advisory
Commission shall consist of:
(1) nine members, who are residents of the city; and
(2) One youth member between the ages of 14 and 18, kN,ho is a resident of the city.
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The members of the commission shall be appointed by and 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. governmental institutions. or the public at large.
(b) Except as provided in subsection (c) hereof, the terms of persons appointed as members
of the commission shall be as follows:
(1) Four non -youth members shall be appointed during even - numbered years and live
non -youth members shall be appointed during odd - numbered years. These non -
youth members shall be appointed to serve two -year terms.
(2) The youth member appointed shall serve one -year terms.
(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.
(c) On October 12, 2006. the Baytown Beautification Advisory Commission shall consist of
ten members. who are residents of the city. The first vacancy on the board that occurs
after such date will not be filled. Therefore, the number of members on the board shall be
reduced to nine members, consistent with subsection (a). After this initial vacancy occurs,
the council shall appoint members as their terms expire consistent with subsection (b);
provided that if such a vacancy occurs in an even - numbered year, one of the
appointments during the odd - numbered year shall be appointed to a one -year term.
Thereafter, all appointments will be for two -year terms consistent with subsection (b).
Section 13: That Chapter 18 "Buildings and Building Regulations," Article 11
"Building Construction Standards." Division 2 "Construction Board of Adjustments and
Appeals," Section 18 -56 "Established: composition; appointment" of the Code of Ordinances.
Baytown, Texas, is hereby amended to read as follows:
CILAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. BUILDING CONSTRUCTION STANDARDS
DIVISION 2. CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
Sec. 18 -56. Established; composition; appointment.
(a) There is established a board to be called the construction board of adjustments and
appeals, which shall consist of eight members as follows:
(1) Member at large;
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(2) Member at large;
(3) General contractor;
(4) Engineer:
(5) Architect;
(6) Master plumber;
(7) Master or journeyman plumber; and
(8) Youth ex officio member between the ages of 14 and 18, who shall possess no
voting privileges and whose only function shall be to render advice to the regular
members of the board.
(b) The board shall be appointed by the city council to serve four -year terms, provided the
youth ex officio member shall serve a one -year term.
Section 14: That Chapter 26 "Community Development," Article II "Urban
Rehabilitation Standards," Division 3 "Review Board," Section 26 -102 "Organization" of the
Code of Ordinances, Baytown, Texas. is hereby amended to read as follows:
CHAPTER 26. COM` UNITY DEVELOPMENT
ARTICLE IL URBAN REHABILITATION STANDARDS
DIVISION 3. REVIEW BOARD
See. 26 -102. Organization.
(a) The urban rehabilitation standards review board shall consist of seven members who are
residents and taxpayers of the city, each of whom shall be appointed by the city council.
Each member of the board shall serve until his successor shall have been appointed and
qualified. All cases to be heard by the board shall be heard by a minimum of not less than
four voting members. The voting membership of the board shall elect a chairman and
vice - chairman of the board. A member shall not be an employee of the city. and the
voting members shall include the following:
(1) A registered architect or a licensed and registered engineer:
(2) A mortgage loan banker;
(3) A building contractor:
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(4) A person who is engaged in social or welfare work; and
(5) Three citizens who are known to have an interest in community affairs.
(b) As used in subsection (a)(3) of this section, a building contractor shall be defined as one
who is in the business of furnishing materials or performing services in the construction
industry and shall include but not be limited to the following:
(1) Bricklayer;
(2) Carpenter;
(3) Air conditioning serviceman:
(4) Ceramic tile installer;
(5) Concrete finisher;
(6) Drywall installer;
(7) Floor layer;
(8) Ironworker:
(9) Painter:
(10) Plasterer:
(11) Pipefitter;
(12) Plumber: and
(13) Roofer.
(c) Ex officio members shall possess no voting privileges, and their only function shall be to
render advice to the regular members of the board. Ex officio members shall be as
follows:
(1) The director of public health;
(2) The fire marshal:
(3) The chief building official; and
(4) one youth ex officio member between the ages of 14 and 18.
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Section 15: That Chapter 30 "Emergency Services," Article III "Emergency
Medical Service," Division 2 "Emergency Medical Service Advisory Committee," Section 30-
121 "Created; composition" of the Code of Ordinances. Baytown, Texas, is hereby amended to
read as follows:
CHAPTER 30. EMERGENCY SERVICES
ARTICLE III. EMERGENCY MEDICAL SERVICI?
DIVISION 2. EMERGENCY MEDICAL SERVICE ADVISORY COMMITTEE
Sec. 30 -121. Created; composition.
An emergency medical service advisory committee is created. to consist of:
seven citizens who are residents of the city; and
2. one youth member between the ages of 14 and 18, who is a resident of the city.
The city council shall appoint the members of the committee and shall initially designate four of
their non -youth appointments to serve two years and three of their non -youth appointments to
serve one year. Thereafter all appointments shall be for two years with the exception of the youth
member appointment which shall be for one year. However, the city council may remove a
member at any time by vote of the city council.
Section 16: That Chapter 54 "Library," Article III "Library Board." Section 54 -61
"Created;. membership" of the Code of Ordinances, Baytown, Texas. is hereby amended to read
as follows:
CHAPTER 54. LIBRARY
ARTICLE II1. LIBRARY BOARD
Sec. 54 -61. Created; membership.
(a) There shall be appointed an advisory board which shall assist the city in the proper
establishment and operation of a library as set forth in this article. and such board shall be
known as the library board. The city manager shall appoint advisory board members with
the approval of the city council. Such board consists of:
1. seven members, and
2. one youth member between the ages of 14 and 18, who is a resident of the city.
Four of the non -youth members shall be appointed during odd - numbered years, and three
of the non -youth members shall be appointed during even - numbered years. The non -
youth members shall be appointed for two -year terms and the youth member shall be
appointed for one -year terms.
(b) Library board members may serve not more than three consecutive terms.
Section 17: That Chapter 54 "Library," Article III "Library Board," Section 54 -62
"Qualifications; vacancies" of the Code of Ordinances, Baytown, Texas, is hereby amended to
read as follows:
CHAPTER 54. LIBRARY
ARTICLE III. LIBRARY BOARD
Sec. 54 -62. Qualifications; vacancies.
(a) All non -youth members of the library board shall be qualified voters and residents of the
city.
(b) If vacancies occur in the board, such vacancies shall be tilled in the same manner as
original appointments, except such terms shall only be for the remainder of the unexpired
term.
Section 18: That Chapter 102 "Vehicles for Hire," Article III "Tow Trucks,"
Division 1 "Generally," Section 102 -138 "Tow truck committee; hearings." subsection (a) of the
Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 102. VEHICLES FOR IIIRE
ARTICLE III. TONY TRUCKS
DIVISION 1. GENERALLY
Sec. 102 -138. Tow truck committee; hearings
(a) There is created a tow truck committee. The term "committee," as used in this article
shall mean the tow truck committee. The committee shall be composed of:
five citizens not in the tow truck business, and
2. one youth ex officio member between the ages of 14 and 18, who shall possess
no voting privileges and whose only function shall be to render advice to the
regular members of the committee.
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Three of the initial five voting committee members shall be designated by the city council
to serve one -year terms. The terms of the remaining initial committee members and all
subsequent terms of all voting committee members shall be for two years. The term of the
youth ex officio member shall be for one year. Appointments shall be made in April of
each year.
Section 19: 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 20: If any provision, section, exception, subsection, paragraph, sentence, clause
or phrase of the 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 effect 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 21: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ. AND PASSED by the affirmative }bite of the City Council of
Baytown, this the 1 1 th day of December. 2008.
0 �3
y ATTESTS
y�
7� Y DARNI E City Clerk
APPROVED AS TO FORM:
rJ - 2
ACIO RAMIRLZ. r.. City Attorney
STIPI l DONCARLOS, Mayor
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