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MAILING, POSTING AND PUBLICATION OF NOTICE; AND PROVIDED
FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, on June 28, 2012, the City Council of the City of Baytown, Texas, called its
regular municipal election for the purpose of electing the Mayor of the City of Baytown; 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 6th day of
November, 2012, 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 6`h day
of November, 2012, 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 Harris and Chambers Counties. The proposed
amendments affect only the Articles and sections listed below which are submitted for
amendment to read as follows:
PROPOSITION NO. 1
Amending Article I "Incorporation; Form of Government; Corporate and General
Powers," Section 9 "Extending limits by action of the city council" of the Charter of the City of
Baytown, Texas, to read as follows:
ARTICLE I. INCORPORATION; FORM OF GOVERNMENT;
CORPORATE AND GENERAL POWERS
Sec. 9. Extending limits by action of the city council.
The city council shall have power by ordinance to fix, alter, and extend the boundary
limits of the city; and to annex additional territory, with or without the consent of the territory
and inhabitants annexed. Upon the introduction of an annexation ordinance in the city council, a
description of the ordinance sufficient to identify the property being annexed shall be published
in the official newspaper of the city one time, and the ordinance shall not be finally acted upon
0a
until at least fourteen (14) days have elapsed after the first publication thereof. Upon final
passage of an annexation ordinance, the boundaries of the city shall include the territory annexed
by ordinance. When the territory is annexed, it shall be a part of the city and bear its pro rata
part of the taxes levied by the city and the inhabitants shall be citizens of the city and shall be
bound by the acts, ordinances, resolutions and regulations of said city.
PROPOSITION NO.2
Amending Article II "The Council," Section 14 "Compensation of members of city
council" of the Charter of the City of Baytown, Texas, to read as follows:
ARTICLE II. The Council
Sec. 14. Compensation of members of city council.
Each member of the city council shall receive for his services compensation in an amount
determined by the city council not to exceed $1,000 per month for the mayor and $500.00 per
month for each council member. Such compensation shall be due only for each full calendar
month of service. Each member of the city council shall also be entitled to all necessary
expenses incurred in the performance of the member's official duties
PROPOSITION NO.3
Amending Article II "The Council," Section 31 "Independent audit" of the Charter of the
City of Baytown, Texas, to read as follows:
ARTICLE II. The Council
Sec. 31. Independent audit.
The council shall designate a certified public accountant who, shall make an independent
audit of accounts and other evidence of financial transactions of the city government in
accordance with state law and shall submit his report to the council.
PROPOSITION NO.4
Amending Article V "The Budget," Section 47 "Effective date of budget; certification;
copies made available" of the Charter of the City of Baytown, Texas, to read as follows:
ARTICLE V. The Budget
Section 47. Effective date of budget; certification; copies made available.
Upon final adoption, the budget shall be in effect for the budget year, unless changed or
amended in accordance with law. A copy of the budget, as finally adopted, shall be filed with
the city clerk and the county clerks of Harris and Chambers Counties. The final budget shall be
a public record maintained in the office of the city clerk.
PROPOSITION NO. 5
Repealing Article V "The Budget," Section 53 "Anticipated revenues compared with
other years" and Section 54 "Proposed expenditures; comparison with other years" of the Charter
of the City of Baytown, Texas; and amending Article V "The Budget," Section 52 "Budget" of
the Charter of the City of Baytown, Texas, to read as follows:
ARTICLE V. The Budget
Sec. 52. Budget.
The budget shall provide a complete financial plan for the fiscal year and shall contain
the contents as required by law
PROPOSITION NO.6
Amending Article V "The Budget," Section 55 "Contingent appropriation" of the Charter
of the City of Baytown, Texas, to read as follows:
ARTICLE V. The Budget
Sec. 55. Contingent appropriation.
Provision shall be made in the annual budget for the appropriation of an amount not more
than three per centum of the total general fund expenditure, to be used in the case of unforeseen
items of expenditures. Such contingent appropriations shall be under the control of the city
manager and distributed by him after approval by the city council, and a detailed account of such
expenditures shall be recorded and reported.
PROPOSITION NO. 7
Amending Article VI "Borrowing for Capital Improvements," Section 57 "Power to incur
indebtedness by issuing bonds and notes" of the Charter of the City of Baytown, Texas, to
rename such section as Section 57 "Power to incur indebtedness by issuing bonds, notes and
4
certificates of obligation" and to make amendments thereto, which renamed section shall read as
follows:
ARTICLE VI. Borrowing for Capital Improvements
Sec. 57. Power to incur indebtedness by issuing bonds, notes, certificates of obligation, and
commercial paper.
The city may incur indebtedness by issuing its negotiable bonds, revenue bonds, notes,
certificates of obligation and other commercial paper in accordance with state law to finance any
capital project which it may lawfully construct or acquire, or for any legitimate public purpose.
PROPOSITION NO. 8
Repealing Article VI "Borrowing for Capital Improvements," Section 59 "Form and
content of bond ordinance," Section 60 "Title of bond ordinance; citation," Section 61 "Form
and content when two or more projects are combined," and Section 63 "Public sale" of the
Charter of the City of Baytown, Texas.
PROPOSITION NO. 9
Amending Article VII "Finance Administration," Section 68 "Transfer of appropriations"
of the Charter of the City of Baytown, Texas, to read as follows:
ARTICLE VII. FINANCE ADMINISTRATION
Sec. 68. Transfer of appropriations.
At the request of the city manager, the council may by resolution transfer any
unencumbered appropriation balance or portion thereof from one office, department or agency to
another.
PROPOSITION NO. 10
Repealing Article VII "Finance Administration," Section 79 "Borrowing in anticipation
of other revenues" and Section 80 "Sales of notes, report of sale" of the Charter of the City of
Baytown, Texas; and amending Article VII "Finance Administration, Section 78 "Borrowing in
anticipation of property taxes" of the Charter of the City of Baytown, Texas, to rename such
section as Section 78 "Anticipation notes" and to make amendments thereto, which renamed
section shall read as follows:
Sec. 78. Anticipation notes.
In any budget year, the council may by ordinance authorize the borrowing of money by
the issuance of anticipation notes, each of which shall be designated "tax anticipation note for the
year 20 " (stating the budget year).
PROPOSITION NO. 11
Amending Article VIII "Tax Administration," Section 82 "Property subject to tax;
method of assessment" of the Charter of the City of Baytown, Texas, to rename such section as
Section 82 "Tax rate limitation" and to make amendments thereto, which renamed section shall
read as follows:
ARTICLE VIII. TAX ADMINISTRATION
Sec. 82. Tax rate limitation.
The ad valorem tax rate for maintenance and operations of the city shall not exceed a
total tax of six - tenths (0.6) of one percent. Any levy of taxes to pay principal or interest on any
tax bonds or other tax- supported debt of the City shall not be subject to the limitation prescribed
in this section.
PROPOSITION NO. 12
Repealing Article VII "Finance Administration," Section 67 "Director of finance; powers
and duties" Subsection (6) of the Charter of the City of Baytown, Texas, and repealing Article
VIII "Tax Administration," Sections 83 "Board of equalization; appointment; qualification," 84
"Board of equalization; public hearings; notice to owner," 85 "Board of equalization; powers and
duties," and 86 "Board of equalization; records; approval of rolls" of the Charter of the City of
Baytown, Texas.
PROPOSITION NO. 13
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.
(a) In general. The electors shall have power to propose any ordinance, except an ordinance
appropriating money, authorizing the issuance of bonds or other indebtedness,
authorizing the levy of taxes, granting a franchise, fixing public utility rates, amending
6
zoning regulations, or zoning specific property, and to adopt or reject the same at the
polls, such power being known as the initiative. A subject, which the city council has
previously addressed may be the subject of an initiative ordinance; provided that the
initiative ordinance makes or enacts a new law and does not merely repeal or have the
effect of repealing an existing law.
(b) Requirements. Any initiative ordinance may be submitted to the council by a petition
signed by at least 1,000 qualified electors of the city.
(c) Determination of power invoked. The power of initiative is separate and distinct from the
power of referendum granted pursuant to section 98. The city council in the first instance
shall determine which power is being invoked, which decision shall be subject to judicial
review under the substantial evidence rule.
PROPOSITION NO. 14
Repealing Article VI "Borrowing for Capital Improvements," Section 62 "Referendum
on bond ordinance" of the Charter, Baytown, Texas, and 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.
(a) In general. The electors shall have power to approve or reject at the polls any ordinance,
except an ordinance appropriating money, authorizing the issuance of bonds or other
indebtedness, authorizing the levy of taxes, granting a franchise, fixing public utility
rates, amending zoning regulations, or zoning specific property, passed by the council, or
submitted by the council to a vote of the electors, 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.
(b) Requirements. Within 365 days after the enactment by the council of any ordinance
which is subject to a referendum, a petition signed by at least 1,000 qualified electors of
the city may be filed with the city clerk requesting that any such ordinance be either
repealed or submitted to a vote of the electors.
(c) Determination of power invoked. The power of referendum is separate and distinct from
the power of initiative granted pursuant to section 97. The city council in the first
instance shall determine which power is being invoked, which decision shall be subject to
judicial review under the substantial evidence rule.
7
PROPOSITION NO. 15
Amending Article X "Initiative, Referendum and Recall," Section 99 "Form of petitions;
committee of petitioners" of the Charter of the City of Baytown, Texas, to read as follows:
Article X. Initiative, Referendum and Recall
Sec. 99. Form of petitions; committee of petitioners.
Initiative petition papers shall contain the full text of the proposed ordinance. The
signatures to initiative or referendum petitions need not all be appended to one paper; but to each
separate petition there shall be attached a statement of the circulator thereof as provided by this
section. Each signer of any petition paper shall sign his name in ink or indelible pencil and there
shall be included such other information as required by state law. There shall appear on each
petition the names and addresses of five electors, who, as a committee of the petitioners, shall be
regarded as responsible for the circulation and filing of the petition. Attached to each separate
petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally
circulated and witnessed the signatures on the foregoing paper, that it bears a stated number of
signatures, that all signatures appended thereto were made in his presence, and that he believes
them to be the genuine signatures of the persons whose names they purport to be.
PROPOSITION NO. 16
Amending Article X "Initiative, Referendum and Recall," Section 104 "Submission of
electors" and Section 111 "Recall election" of the Charter of the City of Baytown, Texas, to read
as follows:
ARTICLE X. INITIATIVE, REFERENDUM AND RECALL
Sec. 104. Submission of electors.
If the council shall fail to pass an ordinance proposed by initiative petition, or shall pass it
in a form different from that set forth in the petition therefor, or if the council fails to repeal a
referred ordinance, the proposed or referred ordinance shall be submitted to the electors at the
next regular municipal election after the date the council takes its final vote thereon; provided,
however, that the election is precleared if necessary in accordance with law.
Sec. 111. Recall election.
The city clerk shall at once examine the recall petition and if he finds it sufficient and in
compliance with the provisions of this article of the charter, he shall within five (5) days submit
it to the city council with his certificate to that effect and notify the officer sought to be recalled
of such action. If the officer whose removal is sought does not resign within five (5) days after
such notice, the city council at the next regular meeting shall thereupon order and fix a date for
holding a recall election. Any such election shall be held at the next regular municipal election
after the petition has been presented to the city council provided, however, that the election is
precleared if required in accordance with law.
PROPOSITION NO. 17
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 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 and shall have attached to it at the
time of the execution of the petition by each elector the recall affidavit filed with the city clerk
outlining the reasons why the person is being subject to a recall. 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. 18
Amending Article XII "General Provisions," Section 127 "Personal interest" of the
Charter of the City of Baytown, Texas, to read as follows:
ARTICLE XII. GENERAL PROVISIONS
Sec. 127. Personal interest.
No member of the council or any officer or employee having a direct or indirect interest
in any proposed or existing contract, work, sale or service to or by the city shall vote or render a
decision or use his position, authority or influence in a manner that would result in his financial
betterment to any degree, except as allowed by law. Further, any elected officer shall publicly
disclose any such interest upon assumption of office or prior to consideration of any such matters
in compliance with law. Any willful violation of this section shall constitute malfeasance in
office, and any officer or employee of the city found guilty thereof shall thereby forfeit his office
or position. Any violation of this section with the knowledge express or implied of the person or
9
corporation contracting with the city shall render the contract voidable by the city manager or the
council.
PROPOSITION NO. 19
Amending Article XII "General Provisions," Section 138 "Amending the charter" of the
Charter of the City of Baytown, Texas, to read as follows:
ARTICLE XII. GENERAL PROVISIONS
Sec. 138. Amending the charter.
(a) Amendments by charter commission. Amendments to this charter may be framed and
submitted to the electors of the city by a charter commission in the manner provided by
law for framing and submitting a new charter.
(b) Amendments by council or by petition. Amendments may also be proposed and
submitted by ordinance, passed by a majority vote of the full membership of the council,
or by a petition satisfying all applicable requirements established by law. When a charter
amendment petition shall have been filed with the council in conformity with the
provisions of this charter as to petitions for initiated ordinances, the council shall
forthwith provide by ordinance for submitting such proposed amendment to a vote of the
electors.
(c) Calling the election. The ordinance ordering the election shall provide for the election to
be held on a date prescribed by law, which allows sufficient time to comply with all
requirements of law. Notice of the election shall be published in a newspaper of general
circulation published in the city.
(d) Election. Any charter amendment to be submitted to a vote of the electors shall be posted
on the city's internet website if the city maintains a website. If a proposed amendment be
approved by a majority of the electors voting thereon, it shall become a part of the charter
at the time fixed therein. Each amendment shall be confined to one subject; and when
more than one amendment shall be submitted at the same time, they shall be so submitted
as to enable the electors to vote on each amendment separately.
(e) Charter review committee. Each member of the city council shall appoint one citizen,
who is not a member of the city council, to a charter review committee at least 18 months
prior to the date by which the city council is required to call its regular municipal election
for the office of the mayor.
(1) Duties of the committee: It shall be the duty of such charter review committee to:
a. Inquire into the operations of the city government under the charter
provisions and determine whether any such provisions should be revised;
10
b. Propose any recommendations it may deem desirable to ensure
compliance with the provisions of this charter by the several departments
of the city government;
C. Propose, if it deems desirable, amendments to this charter to improve the
effective application of said charter to current conditions; and
d. Report its findings and present its proposed amendments, if any, to the city
council.
(2) Action by the city council: The city council shall receive any report presented by
the charter review committee, shall post any such report on the city's internet
website if the city maintains a website, shall consider any recommendations
made, and if any amendments or amendment be presented as a part of such report,
may order such amendment or amendments to be submitted to the voters of the
city in the manner provided by the applicable statute of the State of Texas.
(3) Term of office: Members of the charter review committee shall serve from their
date of appointment until the first date after such appointment by which the city
council is required to call its regular municipal election for the office of the
mayor. If during such term no report is presented to the city council, then all
records of the proceedings of such committee shall be filed with city clerk and
shall become a public record.
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. I
The amendment of Section 9 of the Charter of the City of
Baytown, Texas, to conform this section to state law, to require a
[ ] FOR description of the annexation ordinance be published in a
newspaper after the city council's first reading of the ordinance,
[ ] AGAINST and to reduce the number of days between publishing notice of
the annexation in the newspaper and taking final action on the
annexation.
PROPOSITION NO.2
[ ] FOR The amendment of Section 14 of the Charter of the City of
Baytown, Texas, to compensate the members of the City Council
[ ] AGAINST for their service up to the following amounts:
Mayor .. ............................... $1,000 /month
Council Members ..................$500 /month
OFFICIAL BALLOT
PROPOSITION NO.3
[ ] FOR The amendment of Section 31 of the Charter of the City of
Baytown, Texas, to conform this section to state law regarding
[ J AGAINST the number of audits required per year.
PROPOSITION NO.4
[ ] FOR The amendment of Section 47 of the Charter of the City of
Baytown, Texas, to conform this section to state law regarding
[ ] AGAINST changes/ amendments to the budget, the filing of the budget, and
the availability of the budget to the public.
PROPOSITION NO.5
[ ] FOR The amendments of the Charter of the City of Baytown, Texas, to
repeal Sections 53 and 54 and to amend Section 52 to conform
[ ] AGAINST this section to the budget content requirements of state law.
PROPOSITION NO.6
[ ] FOR The amendment of Section 55 of the Charter of the City of
Baytown, Texas, to allow contingent appropriations to be used
[ ] AGAINST for the proper functioning of the City regardless of any declared
emergency and to provide for the proper accounting of such
expenditures.
PROPOSITION NO. 7
[ ] FOR The amendment of Section 57 of the Charter of the City of
Baytown, Texas, to update this section to reference financing
[ ] AGAINST tools permitted by state law, including certificates of obligations
and revenue bonds.
PROPOSITION NO. 8
[ ] FOR The amendments of the Charter of the City of Baytown, Texas, to
repeal Sections 59, 60, 61 and 63, to remove provisions regarding
[ ] AGAINST the form, content, title and sale of bonds which are governed by
state law.
PROPOSITION NO. 9
The amendment of Section 68 of the Charter of the City of
[ ] FOR Baytown, Texas, to clarify the legal level of control for fund
transfers and to allow fund transfers between departments with
[ ] AGAINST the approval of the city council at any time instead of only during
the last three months of a budget year.
PROPOSITION NO. 10
[ ] FOR The amendments of the Charter of the City of Baytown Texas, to
repeal Sections 79 and 80 and to amend Section 78 to conform
[ ] AGAINST the issuance and terms of anticipation notes to state law.
PROPOSITION NO. 11
The amendment of Section 82 of the Charter of the City of
[ J FOR Baytown, Texas, to clarify the ad valorem tax rate limitation is
for maintenance and operations of the City and to remove
[ ] AGAINST provisions concerning ad valorem tax valuation and assessment
which are obsolete due to changes in state law.
12
OFFICIAL BALLOT
PROPOSITION NO. 12
The amendments of the Charter of the City of Baytown, Texas,
[ ] FOR to repeal Sections 67(6), 83, 84, 85 and 86 to remove obsolete
provisions concerning the assessment and collection of ad
[ ] AGAINST valorem taxes governed by state law.
PROPOSITION NO. 13
The amendment of Section 97 of the Charter of the City of
Baytown, Texas, to better distinguish between a referendum and
[ ] FOR an initiative, to limit the matters subject to an initiative
ordinance, to set a standard of review by the courts, and to
[ ] AGAINST establish 1,000 as the number of qualified voters' signatures
required for a valid initiative petition rather than a percentage of
the number of all of the qualified voters who voted at the last
mayoral election.
PROPOSITION NO. 14
The amendment of Section 62 and Section 98 of the Charter of
the City of Baytown, Texas, to remove the permissive
referendum on bonds, to better distinguish between a referendum
[ ] FOR and an initiative, to limit the matters subject to a referendum
ordinance, to establish a standard of review by the courts, to
[ ] AGAINST extend the time period for which a referendum petition may be
filed from 20 days to 365 days, and to establish 1,000 as the
number of qualified voters' signatures required for a valid
referendum petition, rather than a percentage of the number of all
of the qualified voters who voted at the last mayoral election.
PROPOSITION NO. 15
[ ] FOR The amendment of Section 99 of the Charter of the City of
Baytown, Texas, to conform the initiative and referendum
[ ] AGAINST petitions to state law and to require the petition circulator to
witness the persons signing the petitions.
PROPOSITION NO. 16
[ ] FOR The amendment of Sections 104 and 111 of the Charter of the
City of Baytown, Texas, to establish the election date for
[ J AGAINST referendum, initiative and recall elections, as the date of the next
regular municipal election for which preclearance is obtained.
PROPOSITION NO. 17
[ ] FOR The amendment of Section 110 of the Charter of the City of
Baytown, Texas, to require that the statement of the grounds for
[ ] AGAINST removal from office which are filed with the city clerk be
attached to the petition being circulated.
PROPOSITION NO. 18
The amendment of Section 127 of the Charter of the City of
[ ] FOR Baytown, Texas, to require members of the City Council as well
as officers and employees of the City to comply with applicable
[ ] AGAINST state law conflict of interest provisions and to remove
unenforceable, overbroad conflict of interest provisions.
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OFFICIAL BALLOT
PROPOSITION NO. 19
[ ] FOR The amendment of Section 138 of the Charter of the City of
Baytown, Texas, to conform the process for charter amendments
[ ] AGAINST to state law, to remove the requirement that the proposed charter
amendments be mailed to every qualified voter in the city, to add
the requirement that the proposed charter amendments be posted
on the City's website, and to require a charter review committee
be appointed by the city council at least 18 months before the
date the City is required to call its regular municipal election.
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 called in Section 1 hereof shall be held as a joint election
with 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
municipal election ordered in Section 1 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 with 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
commence on October 22, 2012, and end on November 2, 2012, in accordance with the
schedules adopted by Harris 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:
Stan Stanart Heather Hawthorne
Harris County Clerk Chambers County Clerk
Attn: Elections Division P.O. Box 728
P.O. Box 1148 Anahuac, Texas 77251 -1148
Houston, TX 77251 -1148
based upon the county of residence of the qualified voter. .
Section 9: 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
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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 10: The Central Counting Stations to receive and tabulate voted ballots shall be
at the locations designated by Harris and Chambers Counties.
Section 11: 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 municipal 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 later than the 2151 day prior to the date set
for the election; and a substantial copy of this election ordinance also shall be published once 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 10 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 60r' day before the date of the election ordered herein.
Section 12: 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 13: 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 14: 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 affirmalde vote of the City Council of the
City of Baytown on this the 9`h day of August, 2012.
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H. DONCARLOS, Mayor
APPROVED AS TO FORM:
CRINACIO RAMIREZ, SRLpity Attorney
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