Ordinance No. 11,073ORDINANCE NO. 11,073
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS.
ORDERING A SPECIAL ELECTION TO BE HELD ON THE 9TH DAY OF MAY_
2009, FOR THE PURPOSE OF CONSIDERING A PROPOSED INITIATIVE
ORDINANCE WI -IICII EXEMPTS CERTAIN STAND -ALONE BARS FROM THE
REQUIREMENTS OF THE SMOKING ORDINANCE: DESIONATING THE PLACES
AND MANNER OF HOLDING SAID ELECTION- PRESCRIBING TFIE IIOURS:
ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN
EARLY BALLOT BOARD FOR EARLY BALLOTS: ESTABLISI -IING CERTAIN
PROVISIONS RELATED THERETO: AND PROVIDING FOR THE MAILING,
POSTING AND PUBLICATION OF NOTICE.
WHEREAS, the City Council desires to submit to the voters amendments to Chapter 42 "Health
and Sanitation," Article III "Smoking" of the Code of Ordinances, Baytown, Texas: and
WHEREAS_ the City Council herein calls a special election to be held on the 91h day of May,
2009, for purposes of voting for or against such amendments to Chapter 42 `-Health and Sanitation,"
Article III "Smoking" of the Code of Ordinances, Baytown, Texas: NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS:
Section I: That a special election 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 9 "' day
of May, 2009- in the City of Baytown_ Texas, for the purpose of voting for or against the proposed
amendments set forth herein. If the initiative ordinance is approved by a majority of the qualified voters
voting thereon, it shall take effect and become part of the Code of Ordinances upon its adoption and the
entering of an order by the City Council declaring the initiative ordinance adopted_ The proposed
amendments are included as Proposition No. i and affect only the articles and sections listed in Exhibit
"A," which is attached hereto and incorporated herein for all intents and purposes.
Section 2: That the proposition specified in Section 1 hereof shall be presented to the City at
large and the proposition 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
[ ] FOR PROPOSITION NO_ I
The ordinance that exempts certain stand -alone bars from
[ ] AGAINST the requirements of the smoking ordinance_
Section 4: That the City is hereby divided into Election Precincts_ having the following polling
places and election officials for the purpose of the election ordered herein:
PRFCINCT LOCATION
No. 11 (Consisting of that portion of Chambers County Community Building —Cedar Bayou
Chambers County Voting Precinct Nos_ 5 Annex
and 1 1 within the City) 7711 Highway 146_ Baytown. Texas 77520
PRECINCT
LOCATION
No. 12 (Consisting of that portion of
John M. Stuart Career Center
Harris County Voting Precinct Nos. 12 and
300 YMCA Drive. Baytown. Texas 77521-4183
533 within the City)
No. 13 (Consisting of that portion of
William B. Travis Elementary School
Harris County Voting Precinct No. 13
100 Robin Road. Baytown, Texas 77520 -1097
within the City)
No. 28 (Consisting of that portion of
Pumphrey Elementary School
Harris County Voting Precinct Nos. 28 and
4901 Fairway Drive, Baytown, Texas 77521 -2998
739 within the City)
No. 99 (Consisting of that portion of
Sterling Municipal Library
Harris County Voting Precinct No. 99
Mary Elizabeth Wilbanks Ave.. Baytown, Texas 77520
within the City)
No. 100 (Consisting of that portion of
St. John's United Methodist Church
Harris County Voting Precinct No. 100
501 South Alexander Dr., Baytown, Texas 77520 -7573
within the City)
No. 102 (Consisting of that portion of
San Jacinto Elementary School
Harris County Voting Precinct No. 102
2615 Virginia, Baytown, Texas 77520
within the City)
No. 248 (Consisting of that portion of
Carver Elementary School
Harris County Voting Precinct No. 248
600 S. Pruett, Baytown, Texas 77520
within the City)
No. 249 (Consisting of that portion of
DeZavala Elementary School
Harris County Voting Precinct No. 249
305 Tri -City Beach, Baytown, Texas 77520
within the Ci )
No. 250 (Consisting of that portion of
Harlem Elementary School
Harris County Voting Precinct No. 250
3333 Interstate 10 East, Baytown, Texas 77521
within the City)
No. 386 (Consisting of that portion of
George Gentry Junior School
Harris County Voting Precinct No. 386
1919 East Archer Road, Baytown. Texas 77521 -9385
within the City)
No. 63/387 (Consisting of that portion of
Highlands Elementary School
Harris County Voting Precinct Nos. 63 and
200 East Wallisville Road., Highlands, Texas 77562-
387 within the City)
3896
No. 414 (Consisting of that portion of
Cedar Bayou Junior School
Harris County Voting Precinct No. 414
2610 Elvinta, Baytown, Texas 77520 -3813
within the City)
No. 456 (Consisting of that portion of
Ross S. Sterling I Iigh School
Harris County Voting Precinct Nos. 103,
300 W. Baker Rd., Baytown, Texas 77521
456 and 740 within the City)
No. 532 (Consisting of that portion of
James Bowie Elementary School
Harris County Voting Precinct No. 532
2200 Clayton Drive. Baytown. Texas 77520 -3643
within the City)
Section 5: The City Council of the City of Baytown. Texas shall appoint a presiding judge and an
alternate judge for each precinct hereinabove designated. Furthermore, the respective presiding judge for
each precinct and the Early Ballot Board as herein provided shall be authorized to appoint a sufficient
number of clerks as they may deem necessary to assist them in said election. provided, however, that the
number of clerks appointed by said presiding judge for each polling place shall not be less than two.
including the alternate judge also serving as a clerk. The judges and clerks shall be compensated at the
rates established by the City Council in its ordinance calling the regular municipal election on May 9.
2009.
Section 6: Direct recording electronic (DRE) equipment shall be used for voting at the
foregoing 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 and branch early voting will be held in the
Chambers County Community Building -Cedar Bayou Annex, located at 7711 Highway 146. 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 April 27, 2009, at seven o'clock (7:00) a.m., and end at
seven o'clock (7:00) p.m. on May 5. 2009. 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.: provided, however, that the City Clerk shall have regular business hours on
May 2, 2009, May 3. 2009. May 4. 2009 and May 5. 2009, as follows:
May 2, 2009 . ............................... 7:00 a.m. to 7:00 p.m.
May 3. 2009 . ............................... 1:00 p.m. to 6:00 p.m.
May 4, 2009 . ............................... 7:00 a.m. to 7:00 p.m.
May 5. 2009 . ............................... 7:00 a.m. to 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
of Baytown shall do and perform each act as required to be done and performed respectively by the
Count), Judges and the County Clerks of the Commissioners' Courts of Harris and Chambers County, as
appropriate. 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 (21 st) 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. Ilowever, should the Goose Creek
Consolidated Independent School District not hold an election on the 9`h day of May, 2009, or should the
City and the District not enter into a joint election agreement, the Council Chamber and the Executive
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 for its regular municipal election to be held on May 9,
2009, 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 to be held on May 9. 2009, is hereby created and appointed to the Early Voting Ballot Board for
the special election for the purpose of processing early voting results.
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 to be held on May 9, 2009. 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 election 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 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.
Section 14: In all matters relating to the ordering, giving notice. and holding the election, 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 affirma , e vote of the City Council of the City of
Baytown on this the 26th day of February, 2009.
N
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WIN_►' O
City Clerk
APPROVED AS TO FORM:
06-14ACIO RAMIREZ, SR., C01ttorney
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H. DONCARLOS,
\ \cobsry I \Legal \Karen \Files\City Council \Ordinances\2009\February 261CalIiingMunicipalSpecial Election4SmokingNStvtdA loneBars.doc
! Exhibit "A"
Proposed Ordinance
No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, CHAPTER 42 "HEALTH AND
SANITATION ", ARTICLE III "SMOKING'; TO ADD TO SECTION 42 -96 "DEFINITIONS' THE DEFINITION
OF A "STAND ALONE BAR "; TO ADD TO CHAPTER 42 "HEALTH AND SANITATION ", ARTICLE III
"SMOKING ", SECTION 42 -104 "POSTING OF SIGNS "; SUBSECTION (g) REQUIRING SIGNS TO BE
POSTED STATING THAT SMOKING IS ALLOWED IN THIS BUILDING; TO ADD TO CHAPTER 42
"HEALTH AND SANITATION ", ARTICLE III "SMOKING ", SECTION 42 -102 'WIERE SMOKING NOT
REGULATED "; SUBSECTION (10) SMOKING WILL BE PERMITTED AT THE OWNERS OPTION IN
STAND ALONE BARS THAT COMPLY WITH THE REQUIRMENTS SET FORTH IN THE DEFINITION
OF A STAND ALONE BAR AND COMPLY WITH SIGNAGE REQUIREMENTS SET FORTH IN ARTICLE
III "SMOKING ", SECTION 42 -104 "POSTING OF SIGNS" SUBSECTION (g); CONTAINING A SAVINGS
CLAUSE; REPEALING INCONSISTANT ORDINANCES; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the recitals as set forth above are true and correct.
Section 2: That Chapter 42 "Health and Sanitation," Article II I "Smoking" Section 42 -96 "Definitions"
of the Code of Ordinances of the City of Baytown, Texas, is hereby amended, to add the following:
Stand alone bar means an establishment that is devoted to the serving of alcoholic beverages for
consumption by guests on the premises and in which the serving of food is only incidental to the
consumption of those beverages, including but not limited to, tavems, nightclubs, cocktail lounges,
and cabarets. To prevent smoke contamination of adjoining business these establishments must be
the only business occupying a building and shall not include those establishments in strip centers,
hotels, motels or business inside of another business such as a bar in a restaurant.
Section 3: That Chapter 42 "Health and Sanitation," Article III "Smoking" Section 42 -104 "Posting of
signs" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended, to add the following:
(g)A stand alone bar in order to qualify for the permitted smoking referred to in Section 42 -102 (10)
shall post at every entrance a conspicuous sign dearly stating that smoking is permitted inside of the
building. These signs shall comply with Section 42 -104 ( c ).
Section 4: That Chapter 42 "Health and Sanitation," Article III "Smoking" Section 42 -102 "Where
smoking not regulated" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended, to
add the following:
(10) Smoking will be permitted at the owners option in "stand alone bars" that comply with the
requirements set forth in the definition of a "stand alone bar" as stated in Section 42 -96 "Definitions"
and comply with signage requirements set forth in Section 42 -104 "Posting of signs" Subsection (g);
If the owner of a stand alone bar posts "No Smoking Signs" as described in Section 42 -104
Subsections (a) and (b) the establishment will be considered a non smoking establishment and all
enforcement of a non smoking establishment shall apply.
11 11
•
Section 5: If any provision, section, exception, 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 6: 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 7: 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, Texas, at least twice within ten (10) days
after passage of this Ordinance.
Introduced, read and passed by affirmative vote of the City Council of the City of Baytown,
Texas, this day of 2409.
STEPHEN H. DONCARLOS, Mayor
ATTEST
KAYTHIE DARNEL, City Clerk
APPROVED AS TO FORM
IGNACIO RAMIREZ, SR, City Attorney