****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:

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1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 3 RD DAY OF NOVEMBER, 2015, FOR THE PURPOSES OF (I) AMENDING ARTICLE I INCORPORATION; FORM OF GOVERNMENT; CORPORATE AND GENERAL POWERS, SECTION 3 POWERS OF THE CITY, SECTION 4 SPECIAL PROVISION FOR DAMAGE SUITS, AND SECTION 8 EXTENDING CITY LIMITS UPON PETITION ; ARTICLE II THE COUNCIL, SECTION 13 QUALIFICATIONS, SECTION 14 COMPENSATION OF MEMBERS OF CITY COUNCIL, SECTION 15 PRESIDING OFFICER; MAYOR AND SECTION 16 VACANCIES IN COUNCIL, SECTION 17 POWERS, SECTION 24 APPOINTMENT OF MUNICIPAL JUDGE, AND SECTION 25 INDUCTION OF COUNCIL INTO OFFICE; MEETING OF COUNCIL ; ARTICLE V THE BUDGET, SECTION 42 BUDGET A PUBLIC RECORD AND SECTION 43 PUBLICATION OF NOTICE OF PUBLIC HEARING ; ARTICLE VI BORROWING FOR CAPITAL IMPROVEMENTS, SECTION 58 BOND ORDINANCE; VOTE REQUIRED ; ARTICLE V FINANCE ADMINISTRATION, SECTION 73 SALE OF CITY PROPERTY; PROCEDURE AND SECTION 74 PURCHASE PROCEDURE ; ARTICLE VIII TAX ADMINISTRATION, SECTION 87 TAXES; WHEN DUE AND PAYABLE AND SECTION 89 TAX LIENS ARTICLE IX NOMINATIONS AND ELECTIONS, SECTION 90 MUNICIPAL ELECTIONS, SECTION 92 HOW TO GET NAME ON BALLOT, SECTION 93 COUNCIL BALLOTS AND SECTION 94 ELECTION OF COUNCILMEN BY MAJORITY ; ARTICLE X INITIATIVE, REFERENDUM AND RECALL, SECTION 104 SUBMISSION OF ELECTORS AND SECTION 111 RECALL ELECTIONS ; AND ARTICLE XII GENERAL PROVISIONS, SECTION 126 PUBLICITY OF RECORDS AND SECTION 132 ZONING ORDINANCES OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS, AND (II) REPEALING ARTICLE V THE BUDGET, SECTION 44 PUBLIC HEARING ON BUDGET AND SECTION 75 CONTRACTS FOR CITY IMPROVEMENT ; ARTICLE VIII TAX ADMINISTRATION, SECTION 81 DIVISION OF TAXES AND SECTION 88 SEIZURE AND SALE OF PERSONAL PROPERTY 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 and 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 3 rd day of November, 2015, in the City of Baytown, Texas, for the purposes of voting for or against the proposed amendments set forth herein. If a proposed amendment is

2 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: PROPOSITION NO. 2 Amending Article I Incorporation; Form of Government; Corporate and General Powers, Section 3 Powers of the city of the Charter of the City of Baytown, Texas, to read as follows: Sec. 3. Powers of the city. The city shall have all the powers granted to municipal corporations and to cities by the constitution and laws of the state of Texas together with all the implied powers necessary to carry into execution all the powers granted. The city may: a. acquire property within or without its corporate limits for any municipal purpose in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, or condemnation, b. may sell, lease, mortgage, hold, manage and control such property as its interests may require; c. exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever; d. use a corporate seal; ; e. contract and be contracted with; f. acquire, conduct, own, levy and collect taxes for general and specific purposes on all the subjects or objects which the city may lawfully tax; g. borrow money on the faith and credit of the city by the sale or issue of bonds, warrants, or notes of the city; h. appropriate the money of the city for all lawful purposes; i. create, provide for, construct, regulate, and maintain public works and improvements; j. levy and collect assessments for public improvements; k. license any business, occupation, profession or trade; l. define, prohibit, abate, suppress, and prevent all things detrimental to the health, morals, comfort, safety, convenience, and welfare of the inhabitants of the city, and all nuisances and causes of nuisances; m. regulate the construction, height, maintenance, occupancy, and the material used in all buildings; n. regulate and control the use of the streets; o. cooperate with the government of the state of Texas or any agency thereof, the Federal Government or any agency thereof, or any political subdivision of the State of Texas, to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety and convenience of the city or its inhabitants; and 2

3 p. pass ordinances for maintaining and promoting the peace, welfare and government of the city, and for the performance of the functions thereof. The enumeration of particular powers by this charter shall not be deemed to be exclusive, and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the city of Baytown shall have, and may exercise, all powers of local self-government, and all powers, not expressly prohibited by the constitution and laws of the state of Texas PROPOSITION NO. 3 Amending Article I Incorporation; Form of Government; Corporate and General Powers, Section 4 Special provision for damage suits of the Charter of the City of Baytown, Texas, to read as follows: Sec. 4. Special provision for damage suits. Before the city shall be liable to damage claim or suit for injury, death or damage, the city manager must receive notice in writing from the person who is injured or whose property was damaged or such persons representative within thirty (30) days after the day that the incident giving rise to the claim occurred. The notice must identify the claimant, including the claimant s current address and phone number; describe the alleged injury or damage; state when, where and how the injury or damage occurred; set forth the extent of the injury or damage as accurately as possible, including the amount of damages sustained; and give the names and addresses of all witnesses upon whose testimony such person is relying to establish the injury or damage. No action at law for damages shall be brought against the city for injury, death or damage prior to the expiration of sixty (60) days after the notice hereinbefore described has been filed with the city manager. Nothing in this section shall be construed to waive the city s sovereign immunity in any respect. PROPOSITION NO. 4 Amending Article I Incorporation; Form of Government; Corporate and General Powers, Section 8 Extending city limits upon petition of the Charter of the City of Baytown, Texas, to read as follows: Sec. 8. Extending city limits upon petition. When persons owning a majority of the land in area in territory adjacent to Baytown desire the annexation of such territory to Baytown, they may present a written petition in accordance with law. The city council after the presentation of said petition may grant the petition and by ordinance annex such territory to Baytown in accordance with law and thenceforth the said territory shall be a part of Baytown, and the inhabitants thereof shall in accordance with law be entitled to 3

4 all of the rights and privileges of other citizens and shall be bound by the acts, ordinances, resolutions and regulations of said city. PROPOSITION NO. 5 Amending Article II The Council, Section 13 Qualifications of the Charter of the City of Baytown, Texas, to read as follows: Sec. 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 possess any of the qualifications specified in this section, or convicted of a felony while in office, shall immediately forfeit his office. PROPOSITION NO. 6 Amending Article II The Council, Section 14 Compensation of members of city council of the Charter of the City of Baytown, Texas, to read as follows: Sec. 14. Compensation of members of city council. (a) (b) (c) The mayor shall receive as compensation for his services the sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) per month. Each councilman shall receive as compensation for his services the sum of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) per month. All members of the city council shall be entitled to all necessary expenses incurred in the performance of their official duties. PROPOSITION NO. 7 Amending Article II The Council, Section 15 Presiding officer; mayor and Section 16 Vacancies in council of the Charter of the City of Baytown, Texas, to read as follows: Sec. 15. Presiding officer; mayor. The mayor shall preside at meetings of the council and shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no regular administrative duties. The mayor shall be entitled to vote upon all matters considered by the council, but he shall have no veto power. The council shall elect a mayor pro tem who shall act as 4

5 mayor during the absence or disability of the mayor and, if a vacancy should occur, shall become mayor until another mayor is appointed or elected in accordance with section 16 to fill the unexpired term. Sec. 16. Vacancies in council. A vacancy in the council shall be filled in accordance with law by a majority vote of the qualified voters from the single-member district or the city at-large, as applicable, except that if the remainder of the unexpired term of the vacated office is twelve (12) months or less, then the council is authorized to fill the unexpired term by appointment or by holding a special election within one hundred fifty (150) days after such vacancy occurs if no appointment is made within thirty (30) days of the vacancy.. PROPOSITION NO. 8 Amending Article II The Council, Section 17 Powers of the Charter of the City of Baytown, Texas, to read as follows: Sec. 17. Powers. All powers of the city and the determination of all matters of policy shall be vested in the city council. Without limitation of the foregoing and among the other powers that may be exercised by the council, the following are hereby enumerated for greater certainty. (1) Appoint and remove the city manager. (2) Adopt the budget of the city. (3) Authorize the issuance of bonds by a bond ordinance. (4) Inquire into the conduct of any office, department or agency of the city and make investigations as to municipal affairs. (5) Establish boards and commissions as required by law or deemed advisable by the city council and provide the manner for appointment thereto;. (6) Approve or provide for the approval of subdivision plats. (7) Adopt and modify the official map of the city. (8) Adopt, modify, and carry out plans for the clearance of slum districts and rehabilitation of blighted areas. (9) Adopt, modify and carry out plans for the replanning, improvement and redevelopment of neighborhoods and for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster. 5

6 PROPOSITION NO. 9 Amending Article II The Council, Section 24 Appointment of municipal judge of the Charter of the City of Baytown, Texas, to read as follows: Sec. 24. Appointment of municipal judge. A judge shall be appointed by the city council to serve for a term of two years. He may be removed for incompetency, misconduct, or malfeasance. He shall receive such compensation as may be fixed by the council from time to time. The judge shall be the judge of the municipal court which shall have the jurisdiction and shall be conducted in the manner prescribed and authorized by law. All costs and fines imposed by the municipal court, or by any court in cases appealed from judgments of the municipal court, shall be paid into the city treasury for the use and benefit of the city. PROPOSITION NO. 10 Amending Article II The Council, Section 25 Induction of council into office; meeting of council of the Charter of the City of Baytown, Texas, to read as follows: Sec. 25. Induction of council into office; meetings of council. The regular municipal election shall be held on the applicable uniform election date, unless another date is established by law. After canvassing the results of the election, the council shall meet at the usual place for holding meetings, and the newly-elected members shall qualify and assume the duties of office. Thereafter, the council shall meet regularly at such times as may be prescribed by its rules but not less frequently than once each month. All meetings of the council shall be open to the public, except as authorized by law; special meetings shall be called by the city clerk upon request of the mayor, city manager or three members of the council. PROPOSITION NO. 11 Amending Article V The Budget, Section 42 Budget a public record and Article XII General Provisions, Section 126 Publicity of records of the Charter of the City of Baytown, Texas, to read as follows: Sec. 42. Budget a public record. The budget and budget message and all supporting schedules shall be a public record maintained in the office of the city clerk open to public inspection in accordance with law. 6

7 Sec Publicity of records. All records and accounts of every office, department or agency of the city shall be open to the public unless otherwise expressly provided by law. PROPOSITION NO. 12 Repealing Article V The Budget, Section 44 Public hearing on budget of the Charter of the City of Baytown, Texas, in its entirety and amending Article V The Budget, Section 43 Publication of notice of public hearing of the Charter of the City of Baytown, Texas, and renaming the same as section 43 Public hearing and publication of notice, and amending such section to read as follows: Sec. 43. Public hearing and publication of notice. A public hearing on the proposed budget shall be held and published in accordance with law. PROPOSITION NO. 13 Amending Article VI Borrowing for Capital Improvements, Section 58 Bond ordinance; vote required of the Charter of the City of Baytown, Texas, by renaming the same as Section 58 Debt issuance; vote required, and amending such section to read as follows: Sec. 58. Debt issuance; vote required. The city shall authorize the issuance of bonds by a "Bond Ordinance" passed by the affirmative votes of the majority of all members of its council. Revenue bonds may be issued by the council in accordance with law. The issuance of general obligation bonds must be approved by a majority of the qualified voters voting at an election called for that purpose. PROPOSITION NO. 14 Amending Article V Finance Administration, Section 73 Sale of city property; procedure of the Charter of the City of Baytown, Texas, to read as follows: Sec. 73. Sale of city property; procedure. Before the city makes any sale or contract for the sale of any property belonging to the city, either in the form of land, real estate or other properties, opportunity shall be given for competition in compliance with law. 7

8 PROPOSITION NO. 15 Repealing Article V Finance Administration, Section 75 Contracts for city improvement of the Charter of the City of Baytown, Texas, in its entirety and amending Article V Finance Administration, Section 74 Purchase procedure of the Charter of the City of Baytown, Texas, to read as follows: Sec. 74. Purchase Procedure. Before the city makes any purchase or contract for supplies, materials, equipment, or contractual services, opportunity shall be given for competition in compliance with law. The director of finance shall have authority to make expenditures without the approval of the city council for all budgeted items, except those for which competition is required by law. PROPOSITION NO. 16 Repealing Article VIII Tax Administration, Section 81 Division of taxes of the Charter of the City of Baytown, Texas, in its entirety. PROPOSITION NO. 17 Amending Article VIII Tax Administration, Section 87 Taxes; when due and payable of the Charter of the City of Baytown, Texas, to read as follows: Sec. 87. Taxes; when due and payable. All taxes due the city are due upon receipt of the tax bill and are delinquent if not paid before February 1 of the year following the year in which the tax was imposed. All taxes not paid prior to such date shall be subject to penalties and interest as prescribed by law. PROPOSITION NO. 18 Repealing Article VIII Tax Administration, Section 88 Seizure and sale of personal property of the Charter of the City of Baytown, Texas, in its entirety. PROPOSITION NO. 19 Amending Article VIII Tax Administration, Section 89 Tax liens of the Charter of the City of Baytown, Texas, to read as follows: 8

9 Sec. 89. Tax liens. The tax levied by the city is hereby declared to be a lien, charge, or encumbrance upon the property upon which the tax it due, which lien, charge, or encumbrance the city is entitled to enforce and foreclose in accordance with law. PROPOSITION NO. 20 Amending Article IX Nominations and Elections, Section 90 Municipal elections, and Section 94 Election of councilmen by majority and Article X Initiative, Referendum and Recall, Section 104 Submission of electors and Section 111 Recall elections of the Charter of the City of Baytown, Texas, to read as follows: Sec. 90. Municipal elections. The regular municipal election for the choice of members of the council as provided in Article II, Section 12, shall be held each year on a state uniform election date in accordance with law. The council may order a special election, fix the time for holding same, and provide all means for holding such special elections. Sec. 94. Election of councilmen by majority. At the regular municipal election the candidates for the office of councilman, to the number to be elected, and for the office of mayor, who shall have received the majority of votes cast in such elections shall be declared elected. Should any candidate fail to receive a majority of votes at the regular election for the office for which he is a candidate, the council shall order a special election to be held at the time and manner prescribed by law. Sec Submission of electors. If the council shall fail to pass an ordinance proposed by initiative petition, or shall pass it in a form different from that set forth in the petition therefor, or if the council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors at the next regular municipal election after the date the council takes its final vote thereon; provided, however, that the statutory prerequisites can be met. Sec Recall election. The city clerk shall at once examine the recall petition and if he finds it sufficient and in compliance with the provisions of this article of the charter, he shall within five (5) days submit it to the city council with his certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose removal is 9

10 sought does not resign within five (5) days after such notice, the city council at the next regular meeting shall thereupon order and fix a date for holding a recall election. Any such election shall be held at the next regular municipal election after the petition has been presented to the city council provided, however, that the statutory prerequisites can be met. PROPOSITION NO. 21 Amending Article IX Nominations and Elections, Section 92 How to get name on ballot of the Charter of the City of Baytown, Texas, to read as follows: Sec. 92. How to get name on ballot. Any qualified voter of the city who is otherwise qualified may have his name printed upon the official ballot for the particular office at any election by filing his sworn application with the city clerk within the time period provided by law. PROPOSITION NO. 22 Amending Article IX Nominations and Elections, Section 93 Council ballots of the Charter of the City of Baytown, Texas, to read as follows: Sec. 93. Council ballots. The names of all candidates for mayor or the council as hereinbefore provided, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballots without party designations. If two or more candidates for the same office have the same or similar surnames, each of those candidates may have printed on the ballot a brief distinguishing description or title in accordance with law. The order of the names on the ballot shall be determined by lot. PROPOSITION NO. 23 Amending Article XII General Provisions, Section 132 Zoning ordinances of the Charter of the City of Baytown, Texas, to read as follows: Sec Zoning ordinances. For the purpose of promoting the health, safety, morals or general welfare of the city, all of the powers granted by V.T.C.A., Local Government Code , et seq., together with existing amendments and all amendments as hereinafter may be made relating to zoning in cities, are hereby adopted and made a part of this charter. 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. 10

11 Section 3: That the form of the ballot for said election shall be substantially as follows: OFFICIAL BALLOT PROPOSITION NO. 2 The amendment of Article Incorporation; Form of Government; Corporate and General Powers, Section 3 Powers of the city of the Charter of the City of Baytown, Texas, to update the powers of the city to conform to state law. PROPOSITION NO. 3 The amendment of Article I Incorporation; Form of Government; Corporate and General Powers, Section 4 Special provision for damage suits of the Charter of the City of Baytown, Texas, to modify the time period that the City is entitled to receive notice of a claim against it, to describe in detail what must be included in the notice, and to conform the statute of limitations for claims to state law. PROPOSITION NO. 4 The amendment of Article I Incorporation; Form of Government; Corporate and General Powers, Section 8 Extending city limits upon petition of the Charter of the City of Baytown, Texas, to conform the requirements of annexation upon a petition to state law. PROPOSITION NO. 5 The amendment of Article II The Council, Section 13 Qualifications of the Charter of the City of Baytown, Texas, to conform the qualifications for office to state and federal law by decreasing the residency requirement to six months, by requiring the candidate to be a registered voter of the city, and by removing the tax requirement that a candidate not be delinquent in taxes. PROPOSITION NO. 6 The amendment of Article II The Council, Section 14 Compensation of members of city council of the Charter of the City of Baytown, Texas, to compensate the members of the City Council as follows: Mayor... $1,000/month Council Members...$500/month PROPOSITION NO. 7 The amendment of Article II The Council, Section 15 Presiding officer; mayor and Section 16 Vacancies in council of the Charter of the City of Baytown, Texas, to allow the City Council for a vacancy of twelve (12) months or less, to either: (i) to appoint a person to fill a vacancy if the appointment is made within 30 days of a vacancy or (ii) to hold an election to fill a vacancy within 150 days of a vacancy. 11

12 PROPOSITION NO. 8 The amendment of Article II The Council, Section 17 Powers of the Charter of the City of Baytown, Texas, to remove obsolete language concerning dividing the city into districts, to remove powers that are addressed elsewhere in the charter, and to update the language to reflect current practices performed in accordance with state law. PROPOSITION NO. 9 The amendment of Article II The Council, Section 24 Appointment of municipal judge of the Charter of the City of Baytown, Texas, to update the title of the judge of the municipal court and to conform the appointment of the court clerk to state law. PROPOSITION NO. 10 The amendment of Article II The Council, Section 25 Induction of council into office; meeting of council of the Charter of the City of Baytown, Texas, to update the uniform election date and to reduce the number of council members necessary to call a special meeting in order to conform to state law. PROPOSITION NO. 11 The amendment of Article V The Budget, Section 42 Budget a public record and Article XII General Provisions, Section 126 Publicity of records of the Charter of the City of Baytown, Texas, to conform the public s access to records and cost of copies to state law. PROPOSITION NO. 12 The repeal of Article V The Budget, Section 44 Public hearing on budget of the Charter of the City of Baytown, Texas, in its entirety and the amendment of Article V The Budget, Section 43 Publication of notice of public hearing of the Charter of the City of Baytown, Texas, and renaming the same as section 43 Public hearing and publication of notice, and amending such section to conform the requirements for public hearings and for the public availability of the budget to state law. PROPOSITION NO. 13 The amendment of Article VI Borrowing for Capital Improvements, Section 58 Bond ordinance; vote required of the Charter of the City of Baytown, Texas, to delete outdated references to state law and to remove invalid voter restrictions in order to conform to state law. PROPOSITION NO. 14 The amendment of Article V Finance Administration, Section 73 Sale of city property; procedure of the Charter of the City of Baytown, Texas, to conform the procedure for selling city property to state law. PROPOSITION NO. 15 The repeal of Article V Finance Administration, Section 75 Contracts for city improvement of the Charter of the City of Baytown, Texas, in its entirety and the amendment of Article 12

13 V Finance Administration, Section 74 Purchase procedure of the Charter of the City of Baytown, Texas, to conform the purchasing procedures of the city to state law. PROPOSITION NO. 16 The repeal of Article VIII Tax Administration, Section 81 Division of taxes of the Charter of the City of Baytown, Texas, in its entirety to remove the obsolete section dealing not only with a division of tax in the finance department but also with an in-house the tax assessor collector. PROPOSITION NO. 17 The amendment of Article VIII Tax Administration, Section 87 Taxes; when due and payable of the Charter of the City of Baytown, Texas, to conform the collection and delinquency of taxes to state law. PROPOSITION NO. 18 The repeal of Article VIII Tax Administration, Section 88 Seizure and sale of personal property of the Charter of the City of Baytown, Texas, in its entirety to remove the obsolete requirements concerning the seizure of personal property. PROPOSITION NO. 19 The amendment of Article VIII Tax Administration, Section 89 Tax liens of the Charter of the City of Baytown, Texas, to conform tax liens of the city to state law. PROPOSITION NO. 20 The amendment of Article IX Nominations and Elections, Section 90 Municipal elections and Section 94 Election of councilmen by majority and Article X Initiative, Referendum and Recall, Section 104 Submission of electors and Section 111 Recall elections of the Charter of the City of Baytown, Texas, to require elections be held on a uniform election date after all perquisites have been satisfied and to conform the runoff election process to state law. PROPOSITION NO. 21 The amendment of Article IX Nominations and Elections, Section 92 How to get name on ballot of the Charter of the City of Baytown, Texas, to update the process by which names are included on the ballot to state law. PROPOSITION NO. 22 The amendment of Article IX Nominations and Elections, Section 93 Council ballots of the Charter of the City of Baytown, Texas, to conform order and names of candidates on ballots to state law. PROPOSITION NO. 23 The amendment of Article XII General Provisions, Section 132 Zoning ordinances of the Charter of the City of Baytown, Texas, to update outdated statutory references and to rely on state law for the city s zoning authority. 13

14 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 municipal 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 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 by personal appearance. Early voting by personal appearance shall commence on October 19, 2015, and end on October 30, 2015, in accordance with the schedules adopted by Harris and Chambers Counties. Direct recording electronic (DRE) equipment shall be used for early voting by mail in Harris County and Opti Scan mail ballots shall be used for early voting by mail in Chambers County. Applications for ballots to be voted by mail should be mailed to: Stan Stanart Heather Hawthorne Harris County Clerk Chambers County Clerk Attn: Elections Division P.O. Box 728 P.O. Box 1148 Anahuac, Texas Houston, TX 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 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 21 st day prior to the date set for the election; and a substantial copy of this election ordinance also shall be published 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 Clerk not later than the 60 th day before the date of the election ordered herein. 14

15 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 particularly 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 25 th day of June, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2015\June 25\CallingCharterElectionNovember2015.docx 15