Ordinance No. 14,940 ORDINANCE NO. 14,940
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE RESULTS OF THE MUNICIPAL ELECTION
HELD NOVEMBER 2, 2021, CONCERNING THE ELECTION OF A MAYOR
OF THE CITY OF BAYTOWN; DECLARING THE RESULTS OF THE
SPECIAL ELECTIONS HELD NOVEMBER 2, 2021, CONCERNING (I) THE
REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY
OF BAYTOWN AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO
CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF
MUNICIPAL STREETS, AND (II)THREE(3) PROPOSED AMENDMENTS TO
THE CHARTER OF THE CITY OF BAYTOWN, TEXAS; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City Council of the City of Baytown on July 8, 2021, ordered a general
election to be held on November 2, 2021, for the purpose of electing a Mayor from the City at-
large; and
WHEREAS, the City Council of the City of Baytown on July 8, 2021, ordered a special
election to be held on November 2, 2021, for the purpose of reauthorizing the local sales and use
tax at a rate of one-fourth of one percent for maintenance and repair of municipal streets; and
WHEREAS, the City Council of the City of Baytown on July 8, 2021, ordered another
special election to be held on November 2, 2021, for the purpose of amending the following:
a. Article II "The Council," Section 12 "Number, selection, term"
b. Article lI "The Council," Section 22 "Administrative departments"
C. Article lI "The Council," Section 29 "Procedure for passage of ordinances"
of the Charter of the City of Baytown, Texas; and
WHEREAS, on November 2, 2021, each of the above-referenced elections was held under
and pursuant to the provisions of the ordinances calling such elections as well as the provisions of
the City's Charter and state law; and
WHEREAS, between October 21, 2021, and November 12, 2021, the early voting ballot
boards of Harris and Chambers Counties met to qualify ballots by mail and to verify and count
provisional ballots pursuant to Chapter 65 of the Texas Election Code; and
WHEREAS, pursuant to Chapter 67 of the Texas Election Code, the City Council of the
City of Baytown, at a council meeting held on November 15, 2021, canvassed the returns of the
general and special elections concerning:
I. the election of a mayor from the City at-large;
2. the reauthorization of the local sales and use tax in the City of Baytown at the rate
of one-fourth of one percent to continue providing revenue for maintenance and
repair of municipal streets;
3. three(3) proposed amendments to the Charter of the City of Baytown, Texas, and
(the "Elections"); and
WHEREAS, the notices of the Elections having been duly and properly given as required
by law and as provided in the ordinance calling each such election, the Elections having been duly
and regularly held according to law, the returns thereof having been duly made and the Election
Judges having certified the results of the Elections as hereinafter set out, and the City Council
having duly and regularly canvassed the returns of the Elections, the City Council finds that the
total votes cast at the Elections were as follows:
FOR MAYOR
Brandon Capetillo.........................................................2,157
DavidIsaac ......................................................................326
JohnBryant......................................................................212
CITY OF BAYTOWN PROPOSITION A
The reauthorization of the local sales and use tax in the City of Baytown at the rate
of one-fourth of one percent to continue providing revenue for maintenance and
repair of municipal streets. The tax expires on the fourth anniversary of the date of
this election unless the imposition of the tax is reauthorized.
For...........................................................2,248 votes
Against.......................................................483 votes
CITY OF BAYTOWN PROPOSITION B
The amendment of Article II "The Council," Section 12 "Number, selection, term" of the
Charter of the City of Baytown, Texas, to add term limits for the mayor and city council
members of four(4) consecutive full terms.
For...........................................................2,213 votes
Against....................................................... 506 votes
CITY OF BAYTOWN PROPOSITION C
The amendment of Article 11 "The Council," Section 22 "Administrative departments" of
the Charter of the City of Baytown, Texas, to allow the City Council to consolidate
departments established by the Charter.
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For........................................................... 1,999 votes
Against.......................................................634 votes
CITY OF BAYTOWN PROPOSITION D
The amendment of Article II "The Council," Section 29 "Procedure for passage of
ordinances" of the Charter of the City of Baytown, Texas, to conform this section to other
provisions of the Charter that require two readings for annexations.
For...........................................................2,224 votes
Against.......................................................353 votes
(Collectively "Election Returns"); and
WHEREAS, the City Council of the City of Baytown finds the Election Returns set out
above to be accurate and correct and that no election protest or contest has been filed with the City
Council or instituted in connection with the Election Returns; and
WHEREAS, because the votes cast for each of the above propositions exceeded the votes
cast against the same, the City Council, pursuant to its election order and Section 9.005 of the
Texas Local Government Code, by this ordinance, enters its order in the records of the City of
Baytown declaring Proposition Nos. A through D adopted; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby finds that the
above-referenced recitals are true and correct.
Section 2: That the City Council of the City of Baytown, Texas, further finds that the
notice of the Election was duly and properly given as required by law and as provided in the
ordinance calling the Election and that the Election was duly and regularly held and the returns
thereof duly and regularly made by the proper officials of said Election and in all things according
to law.
Section 3: That Brandon Capetillo received a majority of the votes cast at the election
for the office of Mayor,and accordingly, Brandon Capetillo is hereby declared elected to the office
of Mayor of the City of Baytown.
Section 4: That the City Council of the City of Baytown,Texas,based upon the results
of the special election concerning the reauthorization of the local sales and use tax at a rate of one-
fourth of one percent for maintenance and repair of municipal streets held on November 2, 2021,
finds that a majority of the electors in the City of Baytown voted "For" concerning the following
proposition at the special election:
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CITY OF BAYTOWN PROPOSITION A
The reauthorization of the local sales and use tax in the City of
Baytown at the rate of one-fourth of one percent to continue
providing revenue for maintenance and repair of municipal streets.
The tax expires on the fourth anniversary of the date of this election
unless the imposition of the tax is reauthorized.
and accordingly, the local sales and use tax of one-fourth of one percent in the City of Baytown is
reauthorized to provide continued revenue for maintenance and repair of municipal streets.
Section 5: That the City Council of the City of Baytown, based upon the results of the
Charter Amendment Election held on November 2, 2021, hereby enters an order in the records of
the City of Baytown declaring that the Charter Amendments enumerated hereinbelow in Sections
6 through 8 are adopted.
Section 6: That pursuant to the Charter Amendment Election, Article II "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 (0 "Terri 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 frill 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 council member, 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.
Section 7: That pursuant to the Charter Amendment Election,Article II "The Council,"
Section 22 "Administrative departments" of the Charter of the City of Baytown, Texas, shall 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, Infonnation Technology Services, Library, Planning and
Development Services, and Parks and Recreation. The council by ordinance may
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create and abolish offices, departments, or agencies other than the offices,
departments and agencies established by this charter.
Section 8: That pursuant to the Charter Amendment Election, Article II "The
Council," Section 29"Procedure for passage of ordinances" of the Charter of the City of Baytown,
Texas, shall 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 or any part thereof in a newspaper. Such printed code shall be
admitted in evidence in all courts and places without further proof.
Section 9: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
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INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 151h day of November, 2021.
NDO ETI , Mayor
ATTEST:
ee�nenee.a,•f• Yam,`:.-.
ANSGELAI JACKSON, City Cler •, „y
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
RAKaren Homer\Documents\Files\City Council\Ordinances\2021\November 15\ElectionResults.docx
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