2006 05 22 CC Minutes, Special
MINUTES OF THE SPECIAL SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 22, 2006
6:00 p.m.
The City Council of the City of Baytown, Texas, met special session on May 22, 2006, at 6:00
p.m. in the Council Chamber of Baytown City Hall with the following in attendance:
Scott Sheley Council Member
Sammy Mahan Council Member
Don Murray Council Member
Mercedes Renteria, III Council Member
Brandon Capetillo Council Member
Calvin Mundinger Mayor
Gary M. Jackson City Manager
Bob Leiper Deputy City Manager
Kelvin Knauf Assistant City Manager
Ignacio Ramirez City Attorney
Lorri Coody City Clerk
Council Member Anderson was absent.
Call to Order.
The meeting was opened by Mayor Mundinger with a quorum present at 6:29 p.m.
Canvass the returns of the City of Baytown’s regular and special elections held on May 13,
2006.
Pursuant to Section 67.002 of the Election Code requiring the canvass of precinct returns, the
City Council conducted the official canvass. The results were as follows:
Mayor
Robert Gouner 394
Stephen H. DonCarlos 1895
Total 2289
Councilmember, District 4
Don Murray 346
Councilmember, District 5
Ronnie Anderson 393
Lynn A. Caskey II 400
Total 793
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Minutes of the Special Meeting—May 22, 2006
Councilmember, District 6
Sammy Mahan 288
Proposition 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
Against 646
Total 2219
Proposition 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
Against 447
Total 2211
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
Against 381
Total 2214
Proposition 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
Against 517
Total 2145
Proposition 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
Against 498
Total 2115
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Minutes of the Special Meeting—May 22, 2006
Proposition 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.
For 1630
Against 478
Total 2108
Proposition 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
Against 519
Total 2124
Consider Proposed Resolution No. 060522-1, declaring the results of the regular election.
Council Member Murray made a motion approving the Resolution as presented, declaring the
results of the regular election. Council Member Renteria seconded the motion. The vote
follows:
Ayes: Council Members Renteria, Capetillo, Mahan, Murray and Sheley
Mayor Mundinger
Nays: None
The motion carried.
RESOLUTION NO. 1793
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE RESULTS OF THE REGULAR ELECTION
HELD WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN,
TH
TEXAS, ON THE 13 DAY OF MAY, 2006, FOR THE PURPOSE OF
ELECTING THE MAYOR AND THREE COUNCILMEMBERS FROM
DISTRICT NOS. FOUR, FIVE AND SIX; FINDING THAT NOTICE OF SAID
ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE
BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF
THE STATE OF TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Mayor Mundinger recommended taking items 3 through 5 together. With a general consensus of
Council items 3 through 5 were taken together as follows:
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Minutes of the Special Meeting—May 22, 2006
Consider Proposed Ordinance No. 060522-1, 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 “Section 140
“Construction of Charter” of the Charter of the City of Baytown, Texas, adopted.
Consider Proposed Ordinance No. 060522-2, declaring the results of the creation and tax
election of the Baytown Crime Control and Prevention District and adopting a one-eighth
of one percent sales and use tax within the territory of the District for the purpose of
financing the operations of the District.
Consider Proposed Ordinance No. 060522-3, declaring the results of the creation and tax
election of the Baytown Fire Control, Prevention, and Emergency Medical Services District
and adopting a one-eighth of one percent sales and use tax within the territory of the
District for the purpose of financing the operations of the District.
Council Member Sheley moved for approval of items 3 through 5 as presented. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Anderson, Capetillo, Mahan, Murray and Sheley
Mayor Mundinger
Nays: None
The motion carried.
ORDINANCE 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.
ORDINANCE NO. 10,336
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE RESULTS OF THE CREATION AND TAX
ELECTION OF THE BAYTOWN CRIME CONTROL AND PREVENTION
DISTRICT HELD ON MAY 13, 2006; ADOPTING A ONE-EIGHTH OF ONE
PERCENT SALES AND USE TAX FOR FINANCING THE OPERATION OF
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Minutes of the Special Meeting—May 22, 2006
THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT
WITHIN THE TERRITORY OF THE DISTRICT; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,337
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE RESULTS OF THE CREATION AND TAX
ELECTION OF THE BAYTOWN FIRE CONTROL, PREVENTION AND
EMERGENCY MEDICAL SERVICES DISTRICT HELD ON MAY 13, 2006;
ADOPTING A ONE-EIGHTH OF ONE PERCENT SALES AND USE TAX
FOR FINANCING THE OPERATION OF THE BAYTOWN FIRE CONTROL,
PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT
WITHIN THE TERRITORY OF THE DISTRICT; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Adjourn.
Council Member Mahan moved to adjourn. Council Member Renteria seconded the motion.
The vote follows:
Ayes: Council Members Renteria, Capetillo, Mahan, Murray and Sheley
Mayor Mundinger
Nays: None
The motion carried. With no additional business the meeting adjourned at 7:44 p.m.
____________________________
Lorri Coody, City Clerk