CC Resolution No. 2104 RESOLUTION NO. 2104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CANVASSING THE RETURNS OF THE SPECIAL ELECTION
HELD WITHIN THE CITY OF BAYTOWN ON THE 2ND DAY OF
NOVEMBER, 2010, FOR THE PURPOSES OF CONSIDERING AN
INITIATIVE ORDINANCE LIMITING THE USE OF TRAFFIC LAW PHOTO-
MONITORING DEVICES WITHIN THE CITY; FINDING THAT NOTICE OF
THE SPECIAL 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.
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WHEREAS, on August 24, 2010, the City Council of the City of Baytown ordered the
special election of the City of Baytown to be held between the hours of seven o'clock a.m. and
seven o'clock p.m. on November 2, 2010, in the City of Baytown, Texas, for the purpose of
considering an initiative ordinance, which limits the use of traffic law photo-monitoring devices
within the City and which is attached hereto as Exhibit"A"; and
WHEREAS, on November 2, 2010, the special election was held under and pursuant to
the provisions of the ordinances calling the election as well as the provisions of the City's
Charter and state law; and
WHEREAS, on November 8, 2010, the Chambers County early voting ballot board met
to verify and count provisional ballots pursuant to Chapter 65 of the Texas Election Code; and
WHEREAS, on November 8, 2010, through November 10, 2010, the Harris County early
voting ballot board met 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 special council meeting held on November 15, 2010, canvassed the returns
of the special election held for the purpose of considering a proposed initiative ordinance
limiting the use of traffic law photo-monitoring devices within the City(the"Election"); and
WHEREAS, the Election having been duly and regularly had and held according to law,
and the returns thereof having been duly made and the Election Judges having certified the
results of the Election, as hereinafter set out, and the City Council having duly and regularly
canvassed the returns of the Election and finding that the total votes cast at the Election were as
follows,to-wit:
PROPOSITION NO. 1
The initiative ordinance limiting the use
of traffic law photo-monitoring devices
within the city.
For...................................6,357 votes
Against................... 4,507 votes; and
WHEREAS, the City Council of the City of Baytown finds the Election returns set out
above to be accurate and correct and no Election protest or contest having been filed with the
Council or instituted in connection with the Election returns;NOW THEREFORE
BE IT RESOLVED 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 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 the City Council finds that a majority of the electors of the City voted
for the following proposition at the Election:
PROPOSITION NO. 1
The initiative ordinance limiting the use of traffic law photo-monitoring
devices within the City.
Section 4: This resolution shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote o e City Council of the
City of Baytown, this the 151h day of November, 2010.
�OaWill S PHEN H. DONCARLOS, Mayor
ATTEST:"4
c�
�b
07
LETICIA G
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Attorney
RAKarenTiles\City Council\Resolutions\20101November 15\CanvassNovember2010Election.doc
2
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 Vill "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 Vlll. 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).
Qualfied 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 phob-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-W. 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