Ordinance No. 11,416ORDINANCE NO. 11,416
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 2ND
DAY OF NOVEMBER, 2010, FOR THE PURPOSE OF VOTING FOR OR
AGAINST A PROPOSED INITIATIVE ORDINANCE, WHICH LIMITS THE
USE OF TRAFFIC LAW PHOTO - MONITORING DEVICES WITHIN THE
CITY; DESIGNATING THE MANNER OF HOLDING SAID ELECTION:
PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING
STATION: ESTABLISHING CERTAIN PROVISIONS RELATED THERETO;
PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WI-IEREAS. the City Council of the City of Baytown, Texas (the "City') finds and
determines that it is necessary and advisable to call and hold an election for and within the City
on the proposition hereinafter set forth: and
WI IEREAS, it is hereby officially found and determined that said election will be held on
a uniform election date established by Section 41.001(a), Texas Election Code, as amended, as
required by Texas law: and
WHEREAS. the Council, pursuant to the applicable provisions of the Texas Election
Code and a separate resolutions) of the City Council, intends to contract with the Chambers
County Clerk and the Harris County Clerk, as applicable for election services; NOW
THEREFORE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN.
TEXAS:
Section 1: The statements contained in the preamble of this Ordinance are true and
correct and are hereby adopted as findings of fact and as a part of the operative provisions
hereof.
Section 2: That a special election of the City of Baytown, pursuant to Article X of the
Charter of the City of Baytown. and pursuant to Sections 41.001 and 41.031 of the Texas
Election Code, shall be held between the hours of seven o'clock (7:00) a.m. and seven o'clock
(7:00) p.m. on the 2nd day of November. 2010, in the City of Baytown, Texas, for the purpose of
voting for or against the initiative ordinance, which is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes. 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 initiative ordinance shall be included as Proposition No. 1 and
affect only the articles and sections listed therein.
Section 3: That the proposition specified in Section 2 hereof shall be presented to the
City at large and the proposition shall be submitted in accordance with law.
Section 4: That the form of the ballot for this special election shall be substantially as
follows:
OFFICIAL BALLOT
[ ] FOR PROPOSITION NO. 1
The initiative ordinance limiting the use of traffic law
[ ] AGAINST Photo- monitoring devices within the city.
Section 5: That the election called in Section 2 hereof shall be held as a joint election
xvith Harris County and Chambers County pursuant to the joint election agreements to be entered
into with each county.
Section 6: That the City- shall use the polling places along with election officials for the
special election ordered in Section 2 hereof as designated by Harris County and Chambers
County.
Section 7: 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 8: 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 tivith the provisions of the Texas
Election Code. Early voting will be conducted by the Early Voting Clerks at the places
designated by Harris and Chambers Counties. Direct recording electronic (DRE) equipment
shall be used for early voting by personal appearance. Early voting by personal appearance shall
continence on October 18. 2010, and end on October 29. 2010. in accordance with the schedules
adopted by Hams and Chambers Counties.
Paper ballots shall be used for early voting by mail in Harris County and Opti Scan mail
ballots shall be used for early voting by mail in Chambers County. Applications for ballots to be
voted by mail should be mailed to either:
Beverly Kaufman I- leather Hawthorne
Harris County Clerk Chambers County Clerk
P.O. Box 1525 P.O. Box 725
Houston. TX 77251 -1525 Anahuac, Texas 77514
based upon the county of residence of the qualified voter.
2
Section 9: The Central Counting Stations to receive and tabulate voted ballots shall be at
the locations designated by Harris and Chambers Counties.
Section 10: 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 County Judge and the County Clerk of the Commissioners' Court.
The notice of this election shall be given by posting a substantial copy of this election ordinance
at City Hall and at three other places in the City, not less than 14 days nor more than 30 days
prior to the date set for the election: and a substantial copy of this election ordinance also shall be
published on the same day in each of two successive weeks in a newspaper of general circulation
published in the City, the date of the first publication to be not more than 30 days and not less
than 14 days prior to the date set for the election. Notice of the Election shall also be provided to
the Chambers County Clerk and the Harris County Clerk not later than the 601h day before the
date of the election ordered herein.
Section 11: 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 12: 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 13: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown, Texas. le
INTRODUCED, READ and PASSED by the af6�e jvo e of the City Council of the
City of Baytown on this the 24`h day of August,:
APPROVED AS TO FORM:
STEPS EN'rl — UONCARLOS, Mayor
A4
JNACIO RAMIREZ. SR. ity Attorney
R 'Karen\Files+Ciry CounciWrdinances` ,2010V1ugust 24\ CalliingSpecialEIcction4Redl _ightCameraorJinance.doe
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 94 'TRAFFIC
AND VEHICLES ", ADDING ARTICLE VIII "LIMITS ON ENFORCEMENT'; PROVIDING A
SAVINGS CLAUSE; 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 Chapter 94 "Traffic and Vehicles" of the Code of Ordinances of the City of
Baytown, Texas, is hereby amended, to add the following new Ordinance:
ARTICLE VIII. LIMITS ON ENFORCEMENT
Sec. 94.341. Purpose
(a) It is the purpose of this article to limit the conditions under which a ticket may be issued
for qualified traffic law violations detected by the use of traffic law photo- monitoring
devices.
(b) This article shall apply within the corporate boundaries of the city.
Sec. 94 -342. Definitions.
The following terms and phrases, when used in this article, shall have the meanings ascribed
to them in this article, except where the context clearly indicates a different meaning:
Law enforcement officer means any law enforcement officer as defined by the Texas Code of
Criminal Procedures Article 220 subsection (1) thru (4).
Qualified traffic law violation means a violation of any of the following:
(1) Any state or local law relating to complying with a traffic control signal or a railroad
crossing sign or signal; or
(2) any state or local law limiting the speed of a motor vehicle.
Ticket means any traffic citation, summons, or other notice of liability (whether civil or
criminal) issued in response to an alleged qualified traffic law violation detected by a traffic law
monitoring photo-monitoring device.
Traffic law photo - monitoring device means an electronic system consisting of a
photographic, video, or electronic camera and a means of sensing the presence of a motor vehicle
that automatically produces photographs, videotape, or digital images of the vehicle, its license
plate or its owner.
Sec. 94 -343. Condition limits.
The City of Baytown, including its various Boards, agencies, departments, or assignees
shall not use any traffic law photo - monitoring device for the enforcement of a qualified traffic law
violation, unless a law enforcement officer is present at the time and location of the violation and
observes such.
Section 2: 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 3: 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 2010.
STEPHEN H. DONCARLOS, Mayor
ATTEST
City Clerk
APPROVED AS TO FORM
IGNACIO RAMIREZ, SR, City Attorney