Ordinance No. 12,919ORDINANCE NO. 12,919
AN ORDINANCE OF THE CITY COUNCIL OF BAYTOWN, TEXAS
ORDERING A BOND ELECTION TO BE HELD ON THE 3RD DAY OF
NOVEMBER, 2015 WITHIN THE CITY; MAKING PROVISION FOR THE
CONDUCT AND THE GIVING OF NOTICE OF SAID ELECTION;
CONTAINING OTHER PROVISIONS RELATING THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City Council of Baytown, Texas (the "City ") finds and determines that
it is necessary and advisable to call and hold an election for and within the City on the
proposition hereinafter set forth; and
WHEREAS, it is hereby officially found and determined that said election shall be held
on a uniform election date established by Section 41.001(a), Texas Election Code, as amended,
as required by the laws of the State of Texas (the "State "); and
WHEREAS, City Council, pursuant to the applicable provisions of the Texas Election
Code intends to conduct a joint election with other governmental entities within Harris County
and Chambers County and to contract with Harris County and Chambers County for election
services pursuant to agreements with each County (together, the "Election Agreements "); and
WHEREAS, the City finds and declares that the meeting at which this Ordinance is
considered is open to the public, and that the public notice of the time, place and purpose of the
meeting was given, as required by Chapter 551, Texas Government Code, as amended; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1. Findings. The statements contained in the preamble of this Ordinance are
true and correct and are hereby adopted as findings of fact and as a part of the operative
provisions hereof.
Section 2. Election Ordered; Date; Proposition. An election (the "Election ") shall be
held for and within the City on Tuesday, November 3, 2015 ( "Election Day "), in accordance
with the Texas Election Code. At the Election the following proposition (the "Proposition ")
shall be submitted to the qualified voters of the City in accordance with law:
PROPOSITION NO. 24
SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS (THE
"CITY ") BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR
PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $12,500,000 FOR
THE ACQUISITION OF ALL OR A PORTION OF A GOLF COURSE
LOCATED NEAR EVERGREEN ROAD AND ADDITIONAL PROPERTY IN
THE VICINITY OF SAID GOLF COURSE, AND THE CONSTRUCTION,
REDEVELOPMENT, RENOVATION, IMPROVEMENT AND EQUIPMENT
OF A PUBLIC GOLF COURSE AND RELATED FACILITIES ON SAID
PROPERTY, SAID BONDS TO MATURE SERIALLY OVER A PERIOD NOT
TO EXCEED FORTY (40) YEARS FROM THEIR DATE, TO BE ISSUED IN
SUCH INSTALLMENTS AND SOLD AT ANY PRICE OR PRICES AND TO
BEAR INTEREST AT ANY RATE OR RATES AS SHALL BE DETERMINED
WITHIN THE DISCRETION OF THE CITY COUNCIL UNDER LAWS IN
EFFECT AT THE TIME OF ISSUANCE, AND TO PROVIDE FOR THE
PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS
AND THE COSTS OF ANY CREDIT AGREEMENTS BY LEVYING A TAX
SUFFICIENT TO PAY THE ANNUAL INTEREST ON AND TO CREATE A
SINKING FUND SUFFICIENT TO REDEEM SAID BONDS AS THEY
BECOME DUE?
Section 3. Official Ballot.
(a) Voting at the Election, and early voting therefor, shall be by the use of the
lawfully approved voting systems and ballots utilized by Harris County and Chambers County.
(b) The preparation of the necessary equipment and the official ballots for the
Election shall conform to the requirements of the Texas Election Code so as to permit the
electors to vote "FOR" or "AGAINST" the aforesaid Proposition which shall be set forth on the
ballots substantially in the following form:
OFFICIAL BALLOT
PROPOSITION NO. 24
[ ] FOR THE ISSUANCE OF $12,500,000 OF GENERAL
OBLIGATION BONDS FOR THE ACQUISITION OF ALL
[ ] AGAINST OR A PORTION OF A GOLF COURSE LOCATED NEAR
EVERGREEN ROAD AND ADDITIONAL PROPERTY IN
THE VICINITY OF SAID GOLF COURSE, AND THE
CONSTRUCTION, REDEVELOPMENT, RENOVATION,
IMPROVEMENT AND EQUIPMENT OF A PUBLIC GOLF
COURSE AND RELATED FACILITIES ON SAID
PROPERTY.
Section 4. Persons Qualified to Vote. All resident, qualified electors of the City shall
be eligible to vote at the Election.
Section 5. Election Precincts, Voting Locations and Voting Hours on Election Day.
The election precincts for the Election shall consist of the territory within the boundaries of the
City situated within one or more Harris County and Chambers County election precincts, which
bear the precinct numbers set forth in Exhibit A, attached hereto and incorporated herein. The
voting location for voting on Election Day for each election precinct shall be as set forth in
Exhibit A, or at such other locations as hereafter may be designated by Harris County and
Chambers County as provided in the Election Agreements. The Mayor or his designee is hereby
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authorized to update Exhibit A to reflect the locations designated by Harris County and
Chambers County, and such locations are hereby approved. On Election Day the polls shall be
open from 7:00 a.m. to 7:00 p.m.
Section 6. Early Voting Locations, Dates and Times.
(a) Early voting by personal appearance for all election precincts shall be held at the
locations, at the times and on the days set forth in Exhibit B, attached hereto and incorporated
herein, or at such other locations as hereafter may be designated by Harris County and Chambers
County, as provided in the Election Agreements. The Mayor or his designee is hereby
authorized to update Exhibit B to reflect the locations and times designated by Harris County and
Chambers County, and such locations are hereby approved.
(b) The Chambers County Clerk is hereby appointed as the Early Voting Clerk for
Chambers County. The Harris County Clerk is hereby appointed as the Early Voting Clerk for
Harris County. Applications for ballot by mail shall be sent to:
Harris County:
Stan Stanart
Harris County Clerk
Attn: Elections Division
P.O. Box 1148
Houston, TX 77251 -1148
Chambers County:
Heather Hawthorne
Chambers County Clerk
P.O. Box 728
Anahuac, TX 77514
Section 7. Joint Election. The City has determined that it is in the best interest of the
City to participate in a joint election with other governmental entities within Harris County and
Chambers County and to contract with Harris County and Chambers County for election services
pursuant to the Election Agreements.
Section 8. Appointment of Election Officers; Establishment of Central Counting
Stations. The election judges, alternate judges, clerks, members of the early voting ballot board,
the central counting station officials, and other personnel necessary for conducting the Election
shall be appointed, election judges and alternate judges may be changed, polling places may be
combined for some precincts, and the central counting station shall be established and staffed all
as provided in the Election Agreements and such actions are hereby approved. Further, the City
hereby authorizes the Mayor to appoint any such other officials not designated herein or
appointed pursuant to the Election Agreements as are necessary and appropriate to conduct the
Election in accordance with the Texas Election Code. The Central Counting Stations to receive
and tabulate votes shall be at the locations designated by Harris County and Chambers County.
Section 9. Notice of Election. Notice of the Election shall be given by: (i) publishing
a substantial copy of this Ordinance, in English, Spanish, Vietnamese and Chinese, on the same
day of each of two (2) successive weeks, with the first publication not earlier than the thirtieth
(30th) day nor later than the fourteenth (14th) day prior to the date set for the Election, in a
newspaper published in the City (or that otherwise complies with State law), (ii) by posting a
copy of this Ordinance, in English, Spanish, Vietnamese and Chinese, on the bulletin City used
for posting notices of meetings of the City Council, not later than the twenty -first (21 st) day prior
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to the date set for the Election and in at least three (3) public places in the boundaries of the City,
not later than the twenty -first (21 st) day prior to the date set for the Election and (iii) by posting a
copy of this Ordinance, in English, Spanish, Vietnamese and Chinese, on the City's website,
prominently and together with the notice of the Election and the contents of the Proposition, not
later than the twenty -first (21 st) day prior to the date set for the Election through Election Day.
Additionally, on Election Day and during early voting by personal appearance, this Ordinance
shall be posted in a prominent location at each polling place. Notice of the Election shall also be
provided to the County Clerks of Chambers County and Harris County and the Voter Registrars
of Chambers County and Harris County not later than the 60th day before the Election Day.
Section 10. Conduct of Election. The Election shall be held in accordance with the
Texas Election Code and the Federal Voting Rights Act of 1965, as amended, including
particularly Chapter 272 of the Code pertaining to bilingual requirements.
Section 11. Additional Information Required by Section 3.009 of the Election Code.
(a) As of October 1, 2014, the first day of the City's current fiscal year, the aggregate
principal amount outstanding of tax - supported debt of the City was $200,265,000 and the
aggregate amount of outstanding interest on such tax- supported debt was $59,084,598. The City
currently estimates that as of October 1, 2015, the aggregate principal amount of the tax -
supported debt of the City will be approximately $202,510,000, and the aggregate amount of
outstanding interest on such tax- supported debt will be approximately $60,667,972. The City's
total tax rate as of the date of this Ordinance is $0.82203 per one hundred dollars of assessed
valuation, which is made up of an operations and maintenance tax rate component of $0.44562
per $100 of assessed valuation and an ad valorem debt service tax rate component of $0.37641
per $100 of assessed valuation of taxable property in the City.
(b) The City intends to issue the bonds authorized by the Proposition over a period of
years in a manner and in accordance with a schedule to be determined by the City Council based
upon a number of factors, including, but not limited to, the then current needs of the City,
demographic changes, prevailing market conditions, assessed valuations in the City and
management of the City's short-term and long -term interest rate exposure. Market conditions,
demographics and assessed valuations vary based upon a number of factors beyond the City's
control, and therefore, the City cannot and does not guarantee a particular interest rate or tax rate
associated with the bonds authorized by the Proposition. As such, the information contained in
this paragraph is provided solely for illustrative purposes and does not establish any limitations
or restrictions or create a contract with the voters. The City currently estimates that, if the
Proposition were approved and the bonds proposed herein were authorized and issued in
accordance with the City's currently projected plan of finance, the maximum interest rate of the
bonds is not expected to exceed 6.00 %.
(c) Any additional information required by Section 3.009 of the Texas Election Code
is contained in Sections 2 and 3 of this Ordinance.
Section 12. Necessary Actions. The Mayor and City Clerk of the City, or their
designees, acting on behalf of the City, in consultation with the City's attorney and bond counsel
are hereby authorized and directed to take any and all actions necessary to comply with the
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provisions of the Texas Election Code and the Federal Voting Rights Act in carrying out and
conducting the Election, whether or not expressly authorized herein, including making changes
or additions to polling places or procedures to the extent required or desirable as determined by
Harris County or Chambers County.
Section 13. Severability. If any provision, section, subsection, sentence, clause or
phrase of this Ordinance, or the application of same to any person or set of circumstances is for
any reason held to be unconstitutional, void, invalid, or unenforceable, neither the remaining
portions of this Ordinance nor their application to other persons or sets of circumstances shall be
affected thereby, it being the intent of the City in adopting this Ordinance that no portion hereof
or provision or regulation contained herein shall become inoperative or fail by reason of any
unconstitutionality, voidness, invalidity or unenforceability of any other portion hereof, and all
provisions of this Ordinance are declared to be severable for that purpose.
Section 14. Effective Date. This Ordinance shall take effect immediately upon its approval.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown, Texas on this the 13th day of August, 2015.
H. DONCARLOS,AMayor
ATTEST:
,YT04�,,
�a oul
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
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EXHIBIT A
Chambers County Precinct Numbers and Election Day Voting Locations
November 3, 2015 Election
7:00 a.m. to 7:00 p.m.
Precinct
No. Polling Place and Address
5 Beach City Community Building, 12723 FM 2354, Beach City, TX 77523
8 Cove Community Building, 5757 FM 565, Cove, TX 77520
11 Cedar Bayou Community Building, 7711 Hwy 146, Baytown, TX, 77520
Harris County Precinct Numbers and Election Day Voting Locations
November 3, 2015 Election
7:00 a.m. to 7:00 p.m.
(Please note that Harris County Polling Locations are subject to change.)
Precinct
No. Polling Place and Address
12 John M. Stuart Career Center, 300 Wye Drive, Baytown TX, 77521
13 W. B. Travis Elementary School, 120 Robin Road, Baytown, TX, 77520
28 Windham Park Apartments, 2700 Rollingbrook Drive, Baytown, TX, 77521
63 Highlands Community Center, 604 West Wallisville Road, Highlands, TX, 77562
99 Sterling Municipal Library, Mary Elizabeth Wilbanks Avenue, Baytown, TX, 77520
100 Saint Johns United Methodist Church, 501 S. Alexander Drive, Baytown, TX, 77520
102 Knights of Columbus Hall, 2600 West Main Street, Baytown TX, 77520
103 Comfort Suites, 7209 Garth Road, Baytown, TX 77521
248 Baytown City Hall Annex, 220 West Defee Street, Baytown, TX, 77520
249 Lorenzo De Zavala Elementary School, 305 Tri City Beach Rd., Baytown, TX 77520
250 Harlem Elementary School, 3333 Interstate 10 East, Baytown, TX 77521
386 George Gentry Junior School, 1919 East Archer Road, Baytown, TX, 77521
387 Highlands Elementary School, 200 East Wallisville Road, Highlands, TX, 77562
414 Cedar Bayou Junior School, 2610 Elvinta Street, Baytown, TX, 77520
456 Harris County Courthouse, Annex 8, 701 West Baker Road, Baytown, TX, 77521
532 James Bowie Elementary School, 2200 Clayton Drive, Baytown, TX, 77520
533 Shady Creek Apartments, 1220 Knowlton Road, Baytown, TX, 77520
739 Coady Baptist Church, 5606 Wade Road, Baytown, TX 77521
740 Church on the Rock, 7123 Decker Drive, Baytown, TX, 77520
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EXHIBIT B
Chambers County Early Voting Schedule
November 3, 2015 Election
Chambers County Early Voting Locations, Dates and Times
Main Branch Early Voting Location: Cedar Bayou Branch Early Votin
Conference Room, Chambers County Location:
Courthouse Annex
2128 SH 61
Anahuac, TX 77514
Mont Belvieu Branch Early Voting
Location:
Justice of the Peace, Pct. 4 Courtroom
West Chambers County Courthouse Annex
10616 Eagle Dr.
Mont Belvieu, TX 77580
Justice of the Peace, Pct. 6 Courtroom
Cedar Bayou Community Building
7711 Hwy 146
Baytown, TX 77520
Winnie Branch Early Voting Location:
Justice of the Peace, Pct. 1 Courtroom
East Chambers County Courthouse Annex
211 Broadway Ave.
Winnie, TX 77665
Dates
Days
Hours
October 19 - October 23
Monday - Friday
8:00 a.m. - 5:00 p.m.
October 26 - October 29
Monday - Thursday
7.00 a.m. 7:00 p.m.
October 30
Friday
8 :00 a.m. - 5:00 p.m.
Chambers County Early Voting Mobile Location, Dates and Time
East Chambers ISD
Administration Building
1955 SH 124
Winnie, TX 77665
Dates
Days
Hours
October 19 - October 20
Monday - Tuesday
8:00 a.m. 5:00 p.m.
For additional information on early voting polling locations for Chambers County registered voters may
call (409) 267 -2418 or visit the website at: http:l lco.chambers.tx.us /default.aspx ?name= elections
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Harris County Early Voting Schedule
November 3, 2015 Election
Harris County Early Voting Dates and Times
Dates
Days
Hours
October 19 October 23
Monday -Friday
8:00 a.m. -- 4:30 p.m.
October 24
Saturday
7:00 a.m. - 7:00 p.m.
October 25
Sunday
1:00 p.m. - 6:00 p.m.
October 26 - October 30
Monday -Friday
7:00 a.m. - 7:00 p.m.
Main Early Voting Location:
Harris County Administration Building
1001 Preston
1 st Floor
Houston, Texas 77002
Branch Earlv Voting Location:
Baytown Community Center
Mockingbird Room
2407 Market Street
Baytown, Texas 77520
(additional Harris County early voting locations continued on the next page)
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Inside Loop 610
Outside Beltway 8:
1. Main Office:
Hams County Administration Bldg.
21. Humble:
Octavia Fields Branch Library
1001 Preston, l' Floor, Houston, 7002
1503 South Houston Ave., Humble, 77338
2. Moody Park:
Moody Park
22. Kingwood:
Kingwood Branch Library
3725 Fulton Street, Houston, 77009
4400 Bens View Ln., Kingwood, 77345
3. Kashmere:
Kashmere Multi - Service Center
23. Atascocita:
Northeast Houston Baptist Church
4802 Lockwood Dr., Houston, 77026
18000 W. Lake Houston Pkwy., Humble, 77346
4. Downtown -East:
Ripley House
24. Crosby ( *):
Riley Chambers Community Center
4410 Navigation Blvd., Houston, 77011
808 Magnolia Avenue, Crosby, 77532
5. Southeast Houston:
H.C.C.S. Southeast College
25. Wallisville Road:
North Channel Branch Library
6960 Rustic Street, Building D, Houston, 77087
15741 Wallisville Rd., Houston, 77049
6. Palm Center:
Justice of the Peace: Constable Entry
26. Baytown:
Baytown Community Center
5300 Griggs Rd., Houston, 77021
2407 Market St., Baytown, 77520
7. Astrodome Area:
Fiesta Mart, Inc.
27. Pasadena:
Harris County Courthouse Annex #25
8130 Kirby Dr., Houston, 77054
7330 Spencer Hwy., Pasadena, 77505
8. Neartown
Metropolitan Multi - Services Center
28. Clear Lake:
Freeman Branch Library
1475 W. Gray, Houston, 77019
16616 Diana Ln., Houston, 77062
9. Galleria:
Harris County Public Health Environmental Services
29. Alief ( *):
Alief ISD Administration Building
2223 West Loop South Fwy, Houston, 77027
4250 Cook Road, Houston, 77072
30. George Bush Park:
31. Far W. Houston:
Glen Cheek Education Building
16002 Westheimer Pkwy., Houston, 77082
Nottingham Park
Outside Loop 610
10. Northeast Houston Northeast Multi- Service Center
9720 Spaulding Street, Bldg. #4, Houston, 77016
926 Country Place Dr., Houston, 77079
11. Northeast ( *):
H.C.CS. Northeast
32. Far West/Katy:
Harris County Annex 57
535 Community College Dr., Houston, 77013
19818 Franz Rd., Katy, 77449
12. Hobby Area ( *):
John Phelps Courthouse
33. Bear Creek:
Bear Creek Park Community Center
101 S. Richey Street, Pasadena 77506
3055 Bear Creek Dr. at Patterson Rd., Houston,
77084
13. Sunnyside
Sunnyside Multi- Purpose Center
34. Fairbanks:
Lone Star College, Fairbanks Center
4605 Wilmington, Houston, 77051
14955 Northwest Fwy, Houston, 77040
14. S. Houston Area:
Hiram Clarke Multi - Service Center
35. South Cypress:
Richard & Meg Weekley Community Center
3810 W. Fuqua, Houston, 77045
8440 Greenhouse Rd, Cypress, 77433
15. SW Houston:
Bayland Park Community Center
36. Cypress
Juergen's Hall Community Center
6400 Bissonnet (near Hillcroft), Houston, 77074
26026 Hempstead Highway, Cypress, 77429
16. Near West Side:
Tracy Gee Community Center
37. Northwest:
Prairie View A &M University - Northwest
3599 Westcenter Dr., Houston, 77042
9449 Grant Rd., Houston, 77070
(One block east of Sam Houston Tollway)
17. Spring Branch:
Trini Mendenhall Community Center
38. Tomball:
Tomball Public Works Building
1414 Wirt Rd., Houston, 77055
501 B James St., Tomball, 77375
18. Victory Center:
Lone Star College - Victory Center
39. Cypress Creek:
Champion Forest Baptist Church/Multi- Purpose
4141 Victory Dr., Houston, 77088
Building
4840 Strack Rd., Houston, 77069
19. Acres Homes:
Acres Homes Multi- Services Center
40. Far North:
Champion Life Centre
6719 W. Montgomery Rd., Houston, 77091
3031 FM 2920 Rd., Spring, 77388
20. North:
Hardy Senior Center
41. Mercer Park:
Baldwin Boettcher Branch Library
11901 West Hardy Rd., Houston, 77076
22248 Aldine Westfield Rd., Humble, 77338
For additional information on early voting polling locations for Harris County, registered voters may call
(713) 755 -6965 or visit the website at: htti):// www. hanisvotes. comNotinslnfo/BallotByMail.aspx
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