CITY OF BAYTOWN 2018 CHARTER REVIEW COMMITTEE FINAL REPORT SUBMITTED TO CITY COUNCIL MAY 24, Page 1 of 39

Transcription

1 CITY OF BAYTOWN 2018 CHARTER REVIEW COMMITTEE FINAL REPORT SUBMITTED TO CITY COUNCIL MAY 24, 2018 Page 1 of 39

2 TABLE OF CONTENTS REPORT PAGE Executive Summary... 3 Introduction... 3 General Observations... 4 Analysis Process... 5 Conclusions APPENDICES PAGE 1. Committee Membership and Attestations Proposed Amendments... 8 Page 2 of 39

3 1. EXECUTIVE SUMMARY FINAL COMMITTEE REPORT The Charter Review Committee consisted of seven citizens appointed by the City Council. Its assignment was to review the Charter and develop recommendations to the City Council regarding potential amendments. These recommended changes would then be considered by the City Council for placement on the November 2018 ballot for voter approval. The City Council did not request that any specific issues be examined by the Committee; therefore, the entire Charter was reviewed and discussed for potential changes. With the support of City Staff, all of the 140 charter sections were examined, discussed, classified and ranked according to a rigorous grading system that identified the type of change being recommended and a numerical rating from 1 to 5 with 1 being the most important and 5 being the least important. The Committee is submitting a total of 27 separate recommended changes for the Council s consideration for placement on the November 2018 ballot. These 27 items involve changes to or deletion of 28 Charter sections. While the number of recommended changes seem numerous, they include all items rated from one to three and consist of mostly housekeeping and conformance to law issues. The Committee finds that, unlike prior Committees, the Charter has already undergone changes to an estimated 45% of its content; therefore, the current Charter does not require an abundance of significant or substantive changes. The remainder of this report details the Committee's findings, general observations, and recommendations as well as the process used for the analyses. The Committee appreciates the opportunity to have served the City in this endeavor and stands ready to answer any and all questions from the Council, citizens and City staff. 2. INTRODUCTION This is the final report of the 2018 Baytown City Charter Review Committee. The body of the report covers the Committee's activities and the resulting observations and recommendations. The Committee patterned its report after that used by the 2012 and 2015 Review Committees. The entire Committee participated in the preparation of this final report. The Charter Review Committee consisted of seven citizens recommended separately by each City Council Member and the Mayor and approved by the City Council as a whole. (Appendix 1) At its first meeting held on March 28, 2017, the Committee elected the following officers: Calvin Mundinger, Chairperson, Mitchell Pearce, Vice Chairperson The Committee met in open meetings the fourth Tuesday of every month from March 2017 to May 2018, beginning at 5:15 P.M. in the Hullum Conference Room. All meetings were posted on the City s notice boards and website in compliance with the Texas Open Meetings Act. Member attendance and participation at the meetings was excellent. Page 3 of 39

4 The Committee made an effort to engage public participation through the use of the City s social media, website, an online comment submission, an insert in the utility bill, and specific Charter Review Committee . The Committee also worked with The Baytown Sun, for articles and publications related to the Committee s activities, and finally, two public hearings were held to solicit additional citizen input on March 27, 2018, one at 10:00 A.M. and the other at 6:00 P.M. In spite of the resulting low level of public participation, the Committee ensured that it provided various opportunities for public engagement and tried very hard to represent the citizens well. City staff provided suggestions, comments, and legal support during the process and obtained a significant amount of useful research and data from other cities. Extensive and detailed discussions were held on each of the 140 sections that resulted in a set of recommendations based on the personal analyses of each committee member and the collective analysis of the Committee as a whole. There were times when the committee members did not unanimously agree, but the recommendations before the Council are all unanimously endorsed by the Committee. The Committee had a very interesting, rewarding, and sometimes frustrating experience. Our group was very compatible and had the ability to work together and listen to each other. 3. GENERAL OBSERVATIONS Overall, the Committee found the Charter in need of updates related to gender neutral language and compliance to state law. Gender neutral language will be changed throughout the Charter after the election by the Editor. Even though the Committee discussed each of the charter sections, the most intense and lengthy discussions centered on the issues of residency and term limits of council members, the investigatory powers of the City Council, and the addition of at-large positions to the City Council. The Committee brings forward 27 recommended Charter changes items, which involve 28 charter sections for Council consideration. Appendix 2 lists each of these items and provides details on the rationale used by the Committee for each proposal. In 2012, a provision was added to the Charter that stated that the City Council shall establish a committee 18 months prior to the date that the City Council calls for the mayoral election. The City of Baytown holds its mayoral election every three years in November and calls for said election no later than July of that same year. This Committee is the third Committee to undergo this process; and while it is still important to review to Charter regularly, it is no longer necessary to require the formation of a Charter Review Committee in a three-year cycle. The Committee recommends moving forward that this provision be amended to allow the City Council an opportunity to consider whether or not another Charter Review Committee is needed instead of the existing requirement. The staff support of the Committee was excellent. Many individuals from the Legal Department and the Office of the City Clerk were involved and provided needed information and answers to Committee questions and/or issues. Each time the Committee met, the individuals extended their work day through the meetings. Page 4 of 39

5 4. ANALYSIS PROCESS A rigorous system was used to sort and rank all of the changes that should be made to the Charter. Several cyclical series of discussions were used through the 140 sections. Each cycle eliminated sections that did not need further review. A consensus technique was used during all but the final cycle. A Committee Member vote was held for the final cycle. A first pass cycle was made through the entire Charter that involved a one-by-one discussion of each section of the Charter. As each section was discussed, it was separated into one of five categories of issues and also given one of five rankings of priority for need to change. The classification system included the following: No Change if we don t think any change is necessary. Housekeeping if it looks like it just needs to be cleaned up. Efficiency if we are trying to do something that will make the City s operations more efficient. Conformance to law if the item is not in conformance to the law and it needs to change. Substantive Change if there is a substantive change, i.e. residency requirements. The items were also identified by a number rating system with 1 being the most important and 5 being the least important. During the second cycle the Committee sorted through the items identified as having a rating of 1, 2, or 3; those items rated as a 4 or 5 were not considered moving forward. The Committee completed its final review of the proposed amendments by reviewing those items identified with a rating of 1, 2, or 3 and each item was given a final vote of those members for or against each proposition. The result of this process is listed below: SUMMARY OF RECOMMENDATIONS FOR THE BALLOT Prop 1 Section 9, Extending limits by action of the city council Prop 2 Section 13, Qualifications Prop 3 Section 21, Right of the city manager and other officers in council Prop 4 Section 22, Administrative departments Prop 5 Section 23, City clerk Prop 6 Section 26, Council to be judge of qualifications for its members Prop 7 Section 27, Rules of procedure; journal Prop 8 Section 41, Preparation and submission of budget Prop 9 Section 67, Director of finance; powers and duties Prop 10 Section 96, Canvassing elections Prop 11 Section 117, Franchises; power of council Prop 12 Section 124, Accounts of municipally owned utilities Prop 13 Section 125, Regulation of rates and services Prop 14 Section 128, Oath of office Page 5 of 39

6 Prop 15 Section 130, Hospital; operation & Section 131, Hospital; finances Prop 16 Section 133, Housing authority Prop 17 Section 134, Provisions relating to assignment, execution and garnishment Prop 18 Section 136, Effects of this charter on existing law Prop 19 Section 137, Interim municipal government Prop 20 Section 138, Amending the charter Prop 21 Section 5, Eminent domain Prop 22 Section 6, Street powers Prop 23 Section 7, Street improvements Prop 24 Section 12, Number, selection, term. Prop 25 Section 123, Franchise records Prop 26 Section 140, Construction of Charter Prop 27 Section 39, City attorney; powers and duties The Committee recommends that each of the above items be placed on the November 2018 ballot. There was a unanimous vote endorsing 27 of the 27 propositions. 5. CONCLUSIONS The numerous Committee conclusions are mentioned throughout this report and will not be repeated here. However, an attempt to focus the Committee's conclusions down to the following: There was very little in the way of substantive changes due to the good work of prior Charter Review Committees. The majority of the changes are to update and modernize the Charter. This 2018 Charter Review Committee has done as thorough as possible a job to make strides in improvements to the Charter. There are other items that could be changed but those recommended here have been ranked the highest priority by this Committee. Individually and as a whole the Committee thanks the Council for the appointment to assist the City in this important task. Page 6 of 39

7 Page 7 of 39

8 APPENDIX 2 PROPOSED AMENDMENTS Page 8 of 39

9 PROPOSITION NO. 1 Sec. 9. Extending limits by action of the city council. Classification Substantive Change Sec. 9. Extending limits by action of the city council. 11/19/2012 Summary of To conform to the procedure to Chapter 43 of the Texas Local Government Code, to require the publication of the description of the property proposed to be annexed, and to reduce the number of days between publication and final action by the city council. To conduct the first and second readings of an annexation ordinance at consecutive council meetings, which will assist with those companies who refuse to sign IDA's towards the end of the year. 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 until at least fourteen ten (140) days have elapsed after the first publication reading 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. Meeting 7/25/2017 P. Mayor noted that City still exceeding the requirements of the state. Kept ranking the same Changed ranking to a 1 Page 9 of 39

10 PROPOSITION NO. 2 Sec. 13. Qualifications. Classification Substantive Change Section 13. Qualifications. The mayor and each of the six councilmen shall be a citizen of the United States of America and a qualified voter of the city and shall have resided in the territory from which the office is elected for at least six months immediately preceding the election. A member of the council ceasing to posses any of the qualifications specified in this section, or convicted of a felony while in office, shall immediately forfeit his office. Summary of 11/16/2015 To require mayor and council members to be a registered voter of the city, not just the state. To require a candidate for office be a resident of the territory from which he/she is elected for at least 6 months immediately prior to the election and to conform the qualifications to applicable state and federal law. The mayor and each of the six councilmen member shall be a citizen of the United States of America and a qualified voter of the city and shall have resided in the territory from which the office is elected for at least six months immediately preceding the election and throughout the term of office. A member of the council who lacks any qualification for the office prescribed by this Charter or by law; or ceasing to possess any of the qualifications specified in this section, or who is convicted of a felony while in office, shall immediately forfeit his the office. Meeting Look at defining residency & strengthening language to make it more difficult for nonresidents to serve on the council at any given time. The Committee discussed this item and decided to table the item and come back to it after the review in order to consider adding language similar to Galveston to dissuade people from 6/27/2017 applying that do not reside in the city. Consider language to dissuade people from applying for a place on the ballot that do not reside in the city or to allow for their removal should they cease to reside inside the limits of their district. Will look at Polk County to see how they dealt with residency - if anything. Consider homestead determination. Consider language for council members to be required to investigate/review and make a decision the residency of a council member when it was brought forth to the council by a citizen - this requirement can be added in Section Ranking stays the same - will look at it further. 10/26/2017 Pearce stated that there is not sufficient clarity to the ensure that the new council member contiues to reside in the district. This language should be amended to state that the council members must continue to reside in their district through the duration of their term. Language will be brought back to the Committee at the next meeting. Page 10 of 39

11 PROPOSITION NO. 3 Sec. 21. Right of the city manager and other officers in council. Classification Efficiency Sec. 21. Right of the city manager and other officers in council. The city manager, the heads of all departments, and such other officers of the city as may be designated by vote of the council, shall be entitled to seats in the council, but shall have no vote therein. The city manager shall have the right to take part in the discussion of all matters coming before the council, and the directors and other officers shall be entitled to take part in all discussions of the council relating to their respective offices, departments or agencies. Summary of To remove the requirement that department heads have "seats in the council." Sec. 21. Right of the city manager and other officers in council. The city manager, the heads of all departments, and such other officers of the city as may be designated by vote of the council, shall be entitled to seats in the council, but shall have no vote therein. The city manager shall have the right to take part in the discussion of all matters coming before the council but shall have no vote therein, and the directors and other officers shall be entitled to take part in all discussions of the council relating to their respective offices, departments or agencies. Meeting 7/25/2017 Kept ranking the same. Changed the ranking to a 1. Page 11 of 39

12 PROPOSITION NO. 4 Sec. 22. Administrative departments. Classification Housekeeping Sec. 22. Administrative departments. There are hereby created the following administrative departments: Finance, Police, Fire, Law, Public Works, Health, Recreation, and Water. The council may, if it deems it advisable, consolidate into one department not more than two of the departments hereby established. The council by ordinance may create, change, and abolish offices, departments, or agencies other than the offices, departments and agencies established by this charter. Summary of To correct the title of the City departments listed and to give Council the ability to consolidate departments as it deems advisable. Sec. 22. Administrative departments. There are hereby created the following administrative departments: Finance, Police, Fire, Law, Public Works/Utilities, Health, City Clerk, Engineering, Human Resources, Information Technology Services, Library, Planning and Development Services, and Parks and Recreation, and Water. The council may, if it deems it advisable, consolidate into one department not more than two of the departments hereby established. The council by ordinance may create, consolidate, change, and abolish offices, departments, or agencies other than the offices, departments and agencies established by this charter. Meeting Ranked as 3 (section 22 & 23 will be reviewed for placement on the ballot together). If items 7/25/2017 are taken together, ranking is a 1. Items could not be combined on ballot but ranking stays the same. Page 12 of 39

13 PROPOSITION NO. 5 Sec. 23. City clerk. Classification Housekeeping Sec. 23. City clerk. The council shall designate an officer of the city who shall be recommended by the city manager to serve as clerk of the council. He shall give notices of its meetings, shall keep the journal of its proceedings, shall authenticate by his signature and record in full in a book kept for the purpose all ordinances and resolutions and shall perform such other duties as the city manager shall assign to him. Summary of To consider the city clerk a department head which is appointed by the city manager and confirmed by the city council. Since at least 2000, the persons holding this position have been appointed by the City Manager and confirmed by the City Council. This practice is consistent with the requirement in Section 20 for the appointment of department heads. Sec. 23. City clerk. The council shall designate an officer of the city who shall be recommended appointed by the city manager, subject to the approval of the council, to serve as clerk of the council. He shall give notices of its meetings, shall keep the journal of its proceedings, shall authenticate by his signature and record in full in a book kept for the purpose all ordinances and resolutions and shall perform such other duties as the city manager shall assign to him. Meeting 7/25/2017 Add gender nuetral language if this is included as an amendment. Will look to combine with 22 (if taken together a 1). Cannot be taken together with section 22, gender issue is taken care of by editor's note - stays ranked as a 1. Page 13 of 39

14 Classification Substantive Change Section 26. Council to be judge of qualifications for its members PROPOSITION NO. 6 Sec Council to be judge of its members. The council shall be the judge of the election and qualifications of its members and for such purpose shall have the power to subpoena witnesses and require the production of records, but the decision of the council in any such case shall be subject to review by the courts. Summary of Amend Ethics Ordinance to include violations to the Charter, or Sec. 26. Council to be judge of qualifications of its members. (a) In General. The council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the council in any such case shall be subject to review by the courts. (b) Complaint. Any person who believes that a member of the city council is no longer qualified for office based upon the criteria established in section 13 of the charter, may file a sworn complaint with the city clerk. (c) Procedure. (1) Within five (5) days of receipt of a complaint, the city clerk shall forward the complaint to all members of the city council. (2) If the member of city council whose removal is sought does not resign within five (5) days after notice has been given, the city council at the next regular meeting shall designate an investigating attorney to investigate the complaint concerning the council member s qualifications. Such attorney shall complete the investigation within the time period prescribed by the city council and submit an analysis and recommendation to the city council. (3) After the city council s receipt of the recommendation from the investigating attorney, the council may determine either that no action should be taken or that a hearing should be held to determine whether the member is qualified for office. (4) If a hearing is held, the investigating attorney and the member of the city council subject to the complaint shall be given the opportunity to present evidence, witnesses, and testimony before the city council. (5) After the hearing, the city council shall render a decision by 2/3rds vote of the those members of council entitled to vote. Such decision shall be reduced to writing and provided to the member of the city council against whom the complaint was made. (6) If the result of the hearing is that the council member is not qualified for office, such council member shall, regardless of any technical defects in the complaint, be deemed removed from office and the vacancy shall be filled as in other vacancies. (7) The City Council s decision shall be final, subject to review by the courts. Meeting Page 14 of 39

15 Item added to the possible amendments to consider language for council members to be required to investigate/review & make a decision the residency of a council member when it was brought forth to the council by a citizen - if this requirement can be added in Section 26 then Section 13 will be ranked as a 5. 10/26/2017 Want to keep the 2/3rds vote required to remove a council member (4 members as the council member in question cannot vote for his/herself). The Committee felt comfortable moving forward with the required language to investiagte formal complaints brought before the council. We need something in place to compel the council to act on a valid complaint., but agreed that if this process can be placed in the City's Ethics Ordinance, they would agree to forgo adding the process in the Charter. Page 15 of 39

16 Classification Conform to Law Sec. 27. Rules of procedure; journal. The council shall determine its own rules and order of business. It shall keep a journal of its proceedings and the journal shall be open to public inspection. PROPOSITION NO. 7 Sec. 27. Rules of procedure; journal. Summary of To reflect that a "journal" of the business of the City Council in executive session is not available for inspection. Sec. 27. Rules of procedure; journal. The council shall determine its own rules and order of business. It shall keep a journal of its proceedings and the journal shall be open to public inspection, except as otherwise required by law. Meeting 7/25/2017 P.Mayo stated it is important not to mislead the public. Changed ranking to 1. Ranking stays the same. Page 16 of 39

17 PROPOSITION NO. 8 Sec. 41. Preparation and submission of budget. Classification Efficiency Sec. 41. Preparation and submission of budget. The city manager, at least sixty days prior to the beginning of each budget year, shall submit to the council a proposed budget and an explanatory budget message in the form and with the contents provided by sections 50 and 52. For such purpose, at such date as he shall determine, he, or an officer designated by him shall obtain from the head of each office, department or agency estimates of revenue and expenditure of that office, department, or agency detailed by organization units and character and object of expenditure, and such other supporting data as he may request. In preparing the budget, the city manager shall review the estimates, shall hold hearings thereon and may revise the estimates, as he may deem advisable. Summary of To reflect that the City Manager develops the budet with input from department director and that public hearings are performed in accorance with state law. Sec. 41. Preparation and submission of budget. The city manager, at least sixty days prior to the beginning of each budget year, shall submit to the council a proposed budget and an explanatory budget message in the form and with the contents provided by sections 50 and 52. For such purpose, at such date as he shall determine, he, or an officer designated by him shall obtain from the head of each office, department or agency estimates of revenue and expenditure of that office, department, or agency detailed by organization units and character and object of expenditure, and such other supporting data as he may request. In preparing the budget, the city manager shall review the estimates, shall conduct meetings with department directors regarding the estimates,hold hearings thereon and may revise the estimates, as he may deem advisable. Meeting 5/23/2017 7/25/2017 Changed the ranking to a 1 as this item could confuse readers. Ranking stays the same. Page 17 of 39

18 PROPOSITION NO. 9 Sec. 67. Director of finance; powers and duties. Classification Substantive Change Sec. 67. Director of finance; powers and duties. The director of finance shall have charge of the administration of the financial affairs of the city and to that end he shall have authority and shall be required to: (1) Compile the estimates of revenues and expenditures for the budget as directed by the city manager. (2) Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to ensure that budget appropriations are not exceeded. (3) Maintain a general accounting system for the city government and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agency; keep separate accounts for the items of appropriation contained in the city budget, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance, require reports of receipts and disbursements from each receiving and spending agency of the city government to be made daily or at such intervals as he may deem expedient; (4) Submit to the council through the city manager a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the city; (5) Prepare, as of the end of each fiscal year, a complete financial statement and report; (6) Reserved; (7) Collect all taxes, special assessments, license fees and other revenues of the city or for whose collection the city is responsible and receive all money receivable by the city from the state or federal government, or from any court, or from any office, department or agency of the city; (8) Serve as ex officio city treasurer and shall have custody of all public funds belonging to or under the control of the city, or any office, department or agency of the city government, and deposit all funds coming into his hands in such depositories as may be designated by resolution of the council, or, if no such resolution be adopted, by the city manager, subject to the requirements of law as to surety and the payment of interest on deposits, but all such interest shall be the property of the city and shall be accounted for and credited to the proper account; (9) Have custody of all investments and invested funds of the city government, or in possession of such government in a fiduciary capacity, and have the safe-keeping of all bonds and notes of the city and the receipt and delivery of city bonds and notes for transfer, registration or exchange. (10) Supervise and be responsible for the purchase, storage and distribution of all supplies, materials, equipment and other articles used by any office, department or agency of the city government; (11) Approve all proposed expenditures; unless he shall certify that there is an unencumbered balance of appropriation and available Summary of To allow the director of finance to provide council financial reports on receipts and disbursements when requested and to omit the requirement that the director be responsible 11/19/2012 for the storage and distribution of supplies. To recognize that certain services may be outsourced, e..g, tax collections; to conform to practice regarding the director's report concerning disbursements and receipts; to reflect that the director is responsible for the finances of the City has a whole; to change the reference from resolution to ordinance since depository contracts are approved by ordinance; and to conform to the financial practices of the City. Sec. 67. Director of finance; powers and duties. The director of finance shall have charge of the administration of the financial affairs of the city unless otherwise designated by the council and to that end he shall have authority and shall be required to: (1) Compile the estimates of revenues and expenditures for the budget as directed by the city manager; (2) Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to ensure that budget appropriations are not exceeded; Page 18 of 39

19 (3) Maintain a general accounting system for the city government and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agency; keep separate accounts for the items of appropriation contained in the city budget, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance, require reports of receipts and disbursements from each receiving and spending agency of the city government to be made daily or at such intervals as he may deem expedient; (4) Submit to the council through the city manager a monthly statements of all receipts and disbursements in sufficient detail to show the exact financial condition of the city; (45) Prepare, as of the end of each fiscal year, a complete financial statement and report; (65) (Reserved); (67) Collect all taxes, special assessments, license fees and other revenues of the city or for whose collection the city is responsible and receive all money receivable by the city from the state or federal government, or from any court, or from any office, department or agency of the city; (78) Serve as ex officio city treasurer and shall have custody of all public funds belonging to or under the control of the city, or any office, department or agency of the city government, and deposit all funds coming into his hands in such depositories as may be designated by resolution of the council, or, if no such resolution be adopted, by the city manager, subject to the requirements of law as to surety and the payment of interest on deposits, but all such interest shall be the property of the city and shall be accounted for and credited to the proper account; (89) Have custody of all investments and invested funds of the city government, or in possession of such government in a fiduciary capacity, and have the safe-keeping of all bonds and notes of the city and the receipt and delivery of city bonds and notes for transfer, registration or exchange; (910) Supervise and be responsible for implementing a process for the purchase, storage and distribution of all supplies, materials, equipment and other articles used by any office, department or agency of the city government; and (110) Approve all proposed Review and certifyexpenditures for certification ; unless he shall certify that there is an unencumbered balance of appropriation and available funds before an expenditure is made., suspend future appropriations if no funds are availableno appropriation shall be encumbered and no expenditure shall be made. Meeting 5/23/2017 Decided to keep #4 in and so the numbering will change. 6/27/2017 Kept ranking the same. Kept ranking the same. Page 19 of 39

20 Classification Efficiency 11/16/2015 Conformed to state law. PROPOSITION NO. 10 Sec. 96. Canvassing elections. Sec. 96. Canvassing elections. Returns of the elections, general and special, shall be made by the election officers to the city council on the second Wednesday next following said election at which time the council shall canvass and declare the results of such election. Summary of To conform to Section of the Election Code regarding the time for the canvass. Sec. 96. Canvassing elections. Returns of the elections, general and special, shall be made by the election officers to the city council on the second Wednesday next following said election at which timeand the council shall canvass the returns and declare the results of such election in accordance with law. Meeting 7/25/2017 Changed the ranking to a 3 (can be confusing). Changed the ranking to a 1 (correct the language to match state law). Page 20 of 39

21 Classification Substantive Change PROPOSITION NO. 11 Sec Franchises; power of council. Sec Franchises; power of council. The city council shall have power by ordinance to grant, amend, renew and extend all franchises of all public utilities of every character operating within the city of Baytown, and for such purposes is granted full power. All ordinances granting, amending, renewing, or extending franchises for public utilities shall be read at three separate regular meetings of the city council, and shall not be finally passed until thirty days after the first reading; and no such ordinance shall take effect until sixty days after its final passage; and pending such time, the full text of such ordinance shall be published once each week for four consecutive weeks in the official newspaper published in the city of Baytown, and the expense of such publication shall be borne by the proponent of the franchise. No public utility franchise shall be transferable except with the approval of the council expressed by ordinance. Summary of Change the reading of the ordinance from a full reading to a summary of the ordinance. Sec Franchises; power of council. The city council shall have power by ordinance to grant, amend, renew and extend all franchises of all public utilities of every character operating within the city of Baytown, and for such purposes is granted full power. All ordinances granting, amending, renewing, or extending franchises for public utilities shall be read considered at three separate regular meetings of the city council, and shall not be finally passed until thirty days after the first reading; and no such ordinance shall take effect until sixty days after its final passage; and pending such time, the full text of such ordinance shall be published once each week for four consecutive weeks in the official newspaper published in the city of Baytown, and the expense of such publication shall be borne by the proponent of the franchise. No public utility franchise shall be transferable except with the approval of the council expressed by ordinance. Meeting 7/25/2017 Consider changing the full reading to a summary of ordinance. Ranking kept the same. Page 21 of 39

22 Classification Efficiency PROPOSITION NO. 12 Sec Accounts of municipally owned utilities. Sec Accounts of municipally owned utilities. Accounts shall be kept for each public utility owned or operated by the city, in such manner as to show the true and complete financial results of such city ownership and operation, including all assets, appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation reserve, other reserves, and surplus; also revenues, operating expenses including depreciation, interest payments, rental, and other disposition of annual income. The accounts shall show the actual capital cost to the city of each public utility owned, also the cost of all extensions, additions and improvements, and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. The council shall semi-annually cause to be made by a certified public accountant and shall publish a report showing the financial results of such city ownership and operation, giving the information specified in this section or such data as the council shall deem expedient. Summary of To conform to current practice the number of times a certified public accountant will review the accounts of the City's utilities. Sec Accounts of municipally owned utilities. Accounts shall be kept for each public utility owned or operated by the city, in such manner as to show the true and complete financial results of such city ownership and operation, including all assets, appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation reserve, other reserves, and surplus; also revenues, operating expenses including depreciation, interest payments, rental, and other disposition of annual income. The accounts shall show the actual capital cost to the city of each public utility owned, also the cost of all extensions, additions and improvements, and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. The council shall semi-annually cause to be made by a certified public accountant and shall publish a report showing the financial results of such city ownership and operation, giving the information specified in this section or such data as the council shall deem expedient. Meeting 6/27/2017 Kept rakning the same. Kept ranking the same. Page 22 of 39

23 PROPOSITION NO. 13 Sec Regulation of rates and service. Classification Substantive Change Sec Regulation of rates and service. The city council shall have full power, after due notice and hearing, to regulate by ordinance the rates and service of every public utility operating in the city of Baytown. Summary of Meeting 6/27/2017 To recognize that the manner in which the City can regulate rates depends on legislation applicable to the particular utility being regulated. Sec Regulation of rates and service. The city council shall, to the extent permitted by law, have full power, after due notice and hearing, to regulate by ordinance the rates and service of every public utility operating in the city of Baytown. Kept ranking the same. Kept ranking the same. Page 23 of 39

24 PROPOSITION NO. 14 Sec Oath of office. Classification Efficiency Sec Oath of office. Every officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath of affirmation, to be filed and kept in the office of the city clerk: "I,, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of, of the city of Baytown, state of Texas, and will to the best of my ability preserve, protect, and defend the constitution and laws of the United States and of this state and the charter and ordinances of this city; and I furthermore solemnly swear (or affirm), that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected, or if the office is one of appointment, to secure my appointment. So help me God." Summary of To conform the oath of office to state law. Sec Oath of office. Every officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath of affirmation, to be filed and kept in the office of the city clerk: "I,, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of, of the city of Baytown, state of Texas, and will to the best of my ability preserve, protect, and defend the constitution and laws of the United States and of this state and the charter and ordinances of this city; and I furthermore solemnly swear (or affirm), that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected, or if the office is one of appointment, to secure my appointment. So help me God." Meeting 7/25/2017 Look at correcting use of pronouns & gender nuetral wording. Changed the ranking to a 2. Changed the raqnking to a 1 (not a high 1). Page 24 of 39

25 Classification Conform to Law PROPOSITION NO. 15 Sec Hospital; operation. Sec Hospital; operation. The city shall have the authority to acquire, establish and own, either by purchase, donation, bequest or otherwise all property that may be useful or necessary for the purpose of establishing and maintaining a municipal hospital. Such hospital shall be operated by a hospital board, subject only to such direction and supervision as shall be contained in any ordinance or ordinances duly enacted by the governing body of said city. Summary of To remove this provision from the Charter since it is governed under Chapter 262 of the Texas Health and Safety Code Sec Hospital; operation. Meeting If this section is deleted, so too is /25/2017 Combine with Section 131 and ranked as 1. Ranking kept the same. Sec Hospital; finances. Classification Conform to Law Sec Hospital; finances. Summary of To remove this provision from the Charter since it is governed under Chapter 262 of the Texas Health and Safety Code Sec Hospital; finances. All funds belonging to said hospital, whether classed as funds received in the course of operation, or otherwise, shall be Meeting 7/25/2017 This section is combined with 130 for ballot purposes. Ranking stays the same and is combined with 130. Page 25 of 39

26 Classification Conform to Law PROPOSITION NO. 16 Sec Housing authority. Sec Housing authority. The council may create a housing authority of such number, terms and compensation of members as the council may determine and may delegate to the housing authority such powers relating to the planning, construction, reconstruction, alteration, repair, maintenance or operation of housing projects and housing accommodations as the council may determine. Summary of To remove this provision from the Charter since it is governed under Chapter 392 of the Texas Local Government Code and has no bearing on the Baytown Housing Authority. Meeting 7/25/2017 Kept ranking the same. Ranking changed to a 1. Page 26 of 39

27 PROPOSITION NO. 17 Sec Provisions relating to assignment, execution and garnishment. Classification Substantive Change Sec Provisions relating to assignment, execution and garnishment. The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under any writ of execution or cost bill. The funds belonging to the city, in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment, or sequestration; nor shall the city be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither the city nor any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The city shall not be obligated to recognize any assignment of wages or funds by its employees, agents, or contractors. Summary of To update existing languge and to recognize assignments of wages as required by law for child support payments, etc. Sec Provisions relating to assignment, execution and garnishment. The property, real and personal, belonging to the city is not subject to shall not be liable to be soldsale or appropriationed under any writ of execution or cost bill. The ffunds belonging to the city, in the hands of any person, firm or corporation, shall not be liablesubject to garnishment, attachment, or sequestration; nor shall the city be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither the city nor any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The city shall not be obligated to recognize any assignment of wages or funds by its employees, agents, or contractors, except as required by law. Meeting 6/27/2017 Kept ranking the same. Kept ranking the same. Page 27 of 39

28 Classification Housekeeping PROPOSITION NO. 18 Sec Effect of this charter on existing law. Sec Effect of this charter on existing law. All ordinances, resolutions, rules and regulations now in force under the city government of Pelly and not in conflict with the provisions of this charter, shall remain in force under this charter until altered, amended or repealed by the council after this charter takes effect; and all rights of the city of Pelly under existing franchises and contracts are preserved in full force and effect to the city of Baytown. Summary of Sec Effect of this charter on existing law. All ordinances, resolutions, rules and regulations now in force under the city government of Pelly and not in conflict with the provisions of this charter, shall remain in force under this charter until altered, amended or repealed by the council after this charter takes effect; and all rights of the city of Pelly under existing franchises and contracts are preserved in full force and effect to the city of Baytown. To remove this obsolete provision. Meeting 6/27/2017 Delete entire section. Kept ranking the same. Kept ranking the same. Page 28 of 39

29 Classification Housekeeping PROPOSITION NO. 19 Sec Interim municipal government. Sec Interim municipal government. From and after the date of the adoption of this charter and until the completion of the first city election under this charter and the qualification of the mayor and councilmen therein elected, the present qualified and acting mayor and the five councilmen shall constitute the city council of the city of Baytown. Such city council shall possess all of the powers provided by this Charter and particularly by Article II hereof. Summary of To remove this obsolete provision. Sec Interim municipal government. From and after the date of the adoption of this charter and until the completion of the first city election under this charter and the qualification of the mayor and councilmen therein elected, the present qualified and acting mayor and the five councilmen shall constitute the city council of the city of Baytown. Such city council shall possess all of the powers provided by this Charter and particularly by Article II hereof. Meeting 6/27/2017 Kept ranking the same. Kept ranking the same. Page 29 of 39

30 Classification Substantive Change Sec 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; 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. PROPOSITION NO. 20 Sec Amending the charter. Summary of Added section to address the Charter Reivew Committee and its appointment, duties and 11/19/2012 term. To conform to state law concerning the number of qualified voters required to sign a petition for a charter amendment and concerning the holding of the election and to require that charter amendments be posted on the city s website, instead of being mailed to each To allow but not require the City Council to appoint a Charter Review Committee every three years. Sec Amending the charter. e. Charter review committee. The city council may appoint a charter review committee in which Eeach member of the city Page 30 of 39