Ordinance No. 14,766 ORDINANCE NO. 14,766
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, 2021, FOR THE PURPOSES OF AMENDING
ARTICLE II "THE COUNCIL," SECTION 12 "NUMBER, SELECTION,
TERM"; ARTICLE Il "THE COUNCIL," SECTION 22 "ADMINISTRATIVE
DEPARTMENTS"; AND ARTICLE II "THE COUNCIL," SECTION 29
"PROCEDURE FOR PASSAGE OF ORDINANCES" OF THE CHARTER OF
THE CITY OF BAYTOWN, TEXAS; DESIGNATING THE PLACES AND
MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS;
ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR
AN EARLY VOTING BALLOT BOARD FOR EARLY BALLOTS;
PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That a special election of the City of Baytown, pursuant to Article XII,
Section 138 of the Charter of the City of Baytown, and 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, 2021, 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:
CITY OF BAYTOWN PROPOSITION B
Amending Article 11 "The Council," Section 12 "Number, selection, term" of the Charter
of the City of Baytown, Texas, to add a new subsection numbered and entitled Subsection (f)
"Term limits" which shall read as follows:
ARTICLE II. THE COUNCIL
Sec. 12. Number, selection, term.
(f) Term limits. No person may serve more than four consecutive full terms of office
without a break in service. The mayor, upon completion of a fourth consecutive
full term as mayor, may be eligible to be a candidate for a council member office;
and each council member, upon completion of a fourth consecutive full term as
councilmember, may be eligible to be a candidate for the office of mayor but shall
not be eligible to be a candidate for a council member office without a break in
service. This limitation shall only apply to terms of office that commence on or
after November 2, 2021.
CITY OF BAYTOWN PROPOSITION C
Amending Article II "The Council," Section 22 "Administrative departments" of the
Charter of the City of Baytown,Texas, to read as follows:
ARTICLE II. THE COUNCIL
Sec.22. Administrative departments.
There are hereby created the following administrative departments: Finance,
Police, Fire, Law, Public Works and Engineering, Health, City Clerk, Human Resources,
Information Technology Services,Library,Planning and Development Services,and Parks
and Recreation. The council by ordinance may create and abolish offices, departments,
or agencies other than the offices, departments and agencies established by this charter.
CITY OF BAYTOWN PROPOSITION D
Amending Article II "The Council," Section 29 "Procedure for passage of ordinances"of
the Charter of the City of Baytown,Texas, to read as follows:
ARTICLE II. THE COUNCIL
Sec.29. Procedure for passage of ordinances.
Every ordinance shall be introduced in written or printed form and, upon passage,
shall take effect at the time indicated therein; provided that any ordinance imposing a
penalty, fine or forfeiture for a violation of its provisions shall become effective not less
than ten days from the date of its passage.The city clerk shall give notice of the passage of
every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions
thereof, by causing the caption or title, including the penalty, of any such ordinance to be
published in the official newspaper in the city of Baytown at least twice within ten days
after the passage of said ordinance.He shall note on every ordinance,the caption of which
is hereby required to be published, and on the record thereof, the fact that same has been
published as required by the charter,and the date of such publication,which shall be prima
facie evidence of the legal publication and promulgation of such ordinance;provided that
the provisions of this section shall not apply to the correction, amendment, revision and
codification of the ordinances of the city for publication in book or pamphlet form.Except
as otherwise provided in sections 9 and 117 of this charter, it shall not be necessary to the
validity of any ordinance that it shall be read more than one time or considered at more
than one session of the city council.Every ordinance shall be authenticated by the signature
of the mayor and city clerk and shall be systematically recorded in an ordinance book in a
manner approved by the council. It shall only be necessary to record the caption or title of
ordinances in the minutes or journal of council meetings.The city council shall have power
to cause the ordinances of the city to be corrected, amended, revised, codified and printed
in code form as often as the council deems advisable,and such printed code,when adopted
by the council,shall be in full force and effect without the necessity of publishing the same
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or any part thereof in a newspaper. Such printed code shall be admitted in evidence in all
courts and places without further proof.
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 said election shall be substantially as follows:
OFFICIAL BALLOT
CITY OF BAYTOWN PROPOSITION B
THE AMENDMENT OF ARTICLE II "THE COUNCIL,"
[]FOR SECTION 12 "NUMBER, SELECTION, TERM" OF THE
CHARTER OF THE CITY OF BAYTOWN, TEXAS, TO
[]AGAINST ADD TERM LIMITS FOR THE MAYOR AND CITY
COUNCIL MEMBERS OF FOUR (4) CONSECUTIVE
FULL THREE-YEAR TERMS.
CITY OF BAYTOWN PROPOSITION C
THE AMENDMENT OF ARTICLE II "THE COUNCIL,"
[]FOR SECTION 22 "ADMINISTRATIVE DEPARTMENTS" OF
THE CHARTER OF THE CITY OF BAYTOWN, TEXAS,
[]AGAINST TO ALLOW THE CITY COUNCIL TO CONSOLIDATE
DEPARTMENTS ESTABLISHED BY THE CHARTER.
CITY OF BAYTOWN PROPOSITION D
THE AMENDMENT OF ARTICLE II "THE COUNCIL,"
[]FOR SECTION 29 "PROCEDURE FOR PASSAGE OF
ORDINANCES" OF THE CHARTER OF THE CITY OF
[]AGAINST BAYTOWN,TEXAS,TO CONFORM THIS SECTION TO
OTHER PROVISIONS OF THE CHARTER THAT
REQUIRE TWO READINGS FOR ANNEXATIONS.
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 agreement 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 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
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Election Code. Early voting will be conducted by the Early Voting Clerks at the places designated
by Harris County and Chambers County. Direct recording electronic (DRE) equipment shall be
used for early voting bypersonal appearance.Early voting by personal appearance shall commence
on October 18, 2021, and end on October 29, 2021, in accordance with the schedules adopted by
Hams and Chambers Counties.
Direct recording electronic (DRE) equipment shall be used for early voting by mail in
Harris County and Chambers County.Applications for ballots to be voted by mail should be mailed
to:
Isabel Longoria Heather Hawthorne
Hams County Elections Administrator Chambers County Clerk
Attn: Elections Division P.O. Box 728
P.O. Box 1148 Anahuac, TX 77514
Houston, TX 77251-1148
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 Elections Administrator or 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 21s'
day prior to the date set for the election; and a substantial copy of this election ordinance also shall
be published at least 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 Harris County Elections
Administrator and the Chambers County Clerk not later than the 60a' 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
election, the City shall comply with the applicable parts of the Texas Election Code, including
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.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown on this the 8a day of July, 2021.
BRANDON CAPETILL ,Mayor
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ATTEST:
AN'GELA4CKSON, Interim City erk
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APPROVED AS TO FORM: OF.� �P
KAREN L. HORNER,City Attorney
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