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Ordinance No. 452ORDINJUICE NO. 452 • AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF'THE BOND ELECTION HELD IN THE CITY OF BAYTOWN ON THE 2ND DAY OF NOVEMBER, 1957; CONTAINING PROVISIONS RELATING THERETO; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER ITS ADOPTION Ll 40 THE STATE OF TEXAS § COUNTY OF HARRIS § The City Council of the City of Baytown, Texas, convened in regular session at the City Hall within said City on the 13th day of November, 1957, with the following members present, to -wit: R. H. Pruett Mayor W. C. Swain Councilman James Garrison Councilman Walter Lane Ward Councilman Lacy Lusk Councilman Al Clayton Councilman Paul Mears Councilman Edna Oliver City Clerk and the following members absent, to -wit: when the following business was transacted: i The Mayor introduced an ordinance which was read in full. Councilman _ Min' made a motion that the ordinance be adopted as read. The motion for adoption was seconded by Councilman Ward , and carried by the following vote: AYES: Councilmen Swain, Garrison, Ward, Lusk, Clayton, and Mears. NOES: None. The ordinance this adopted follows: AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE BOND ELECTION HELD IN THE CITY OF BAYTOWN ON THE 2ND DAY OF NOVEMBER, 1957; CON- TAINING PROVISIONS RELATING THERETO; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER ITS ADOPTION WHEREAS, there was held in the City of Baytown, Texas, on the 2nd day of November, 1957, an election at which elec- tion there was submitted 'to the duly qualified resident electors of said City who owned taxable property within said City and who had duly rendered the same for taxation, for their action there- upon, the following propositions, to -wit: PROPOSITION NO. ONE SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE THE REVENUE BONDS OF SAID CITY IN THE AMOUNT OF $524,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE NOT TO EXCEED 5% PER ANNUM, FOR THE PURPOSE OF EX- TENDING AND IMPROVING THE CITY'S EXISTING WATERWORKS SYSTEM; SAID BONDS TO BE ISSUED IN ACCORDANCE WITH AND SECURED IN THE MANNER PROVIDED IN ARTICLES 1111 TO 1118, BOTH INCLUSIVE, VERNON'S TEXAS CIVIL STATUTES, 1925, AS AMENDED;AND TO SECURE THE PAYMENT OF THE INTEREST ON SAID BONDS !AS IT ACCRUES AND THE PRINCIPAL OF SAID BONDS AS IT MATURES BY PLEDGING THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS AND SANITARY SEWER SYSTEM; EACH BOND TO BE CONDITIONED THAT THE HOLDER THEREOF SHALL NEVER HAVE THE RIGHT TO DEMAND PAYMENT OF SAID OBLIGATION OUT OF ANY FUNDS RAISED OR TO BE RAI ^ED BY TAXATION; SAID BONDS TO BE ON A PARITY WITH THE OUTSTAND- ING REVENUE BONDS OF SAID CITY PAYABLE FROM THE NET REVENUES DERIVED FROM THE OPERATION OF SAID WATERWORKS AND SANITARY SEWER SYSTEM; PROVIDED, IF THE CITY COUNCIL IS AUTHORIZED TO ISSUE THE BONDS DESCRIBED IN THIS PROPOSITION AND ALSO THE BONDS DESCRIBED IN PROPOSITION NO. TWO, THEN SAID CITY COUNCIL MAY COMBINE SUCH AUTHOR- IZED BONDS INTO ONE ISSUE? (The probable period of useful- ness of the improvements for which the bond proceeds are to be expended is 40 years.) PROPOSITION NO. TWO SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE THE REVENUE BONDS OF SAID CITY IN THE AMOUNT OF $476,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE NOT TO EXCEED 5% PER ANNUM, FOR THE PURPOSE OF EXTENDING AND IM- PROVING THE CITY'S EXISTING SANITARY SEWER SYSTEM; SAID • BONDS TO BE ISSUED IN ACCORDANCE WITH AND SECURED IN THE MANNER PROVIDED IN ARTICLES 1111 TO 1118, BOTH INCLUSIVE, VERNON'S TEXAS CIVIL STATUTES, 1925, AS AMENDED; AND TO SECURE THE PAYMENT OF THE INTEREST ON SAID BONDS AS IT ACCRUES AND THE PRINCIPAL OF SAID BONDS AS IT MATURES BY PLEDGING THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS AND SANITARY SEWER SYSTEM; EACH BOND TO BE CONDITIONED THAT THE HOLDER THEREOF SHALL NEVER HAVE THE RIGHT TO DEMAND PAYMENT OF SAID OBLIGATION OUT OF ANY FUNDS RAISED OR TO BE RAISED BY TAXATION; SAID BONDS TO BE ON A PARITY WITH THE OUTSTANDING REVENUE BONDS OF SAID CITY PAYABLE FROM THE NET REVENUES DERIVED FROM THE OPERATION OF SAID WATERWORKS AND SANITARY SEWER SYSTEM; PROVIDED, IF THE CITY COUNCIL IS AUTHOR- IZED TO ISSUE THE BONDS DESCRIBED IN THIS PROPOSITION AND ALSO THE BONDS DESCRIBED IN PROPOSITION NO. ONE, THEN SAID CITY COUNCIL MAY COMBINE SUCH AUTHORIZED BONDS INTO ONE ISSUE? (The probable period of usefulness of the • improvements for which the bond proceeds are to be expended is 40 years.) -2- 0 • PROPOSITION NO:, THREE SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF SAID CITY IN THE AMOUNT OF $151,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE NOT TO EXCEED 5% PER ANNUM, FOR THE PURPOSE OF PURCHASING AND/OR IMPROVING LANDS FOR PARK PURPOSES, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? (The probable period of usefulness of the improvements for which the bond proceeds are to be expended is 40 years.) PROPOSITION NO. FOUR SHALL THE CITY COUNCIL OF THE CITY OF BAYT%TN, TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF SAID CITY IN THE AMOUNT OF $388,000, MATURING SERIALLY WITHIN . 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE NOT TO EXCEED 5% PER ANNUM, FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING A MUNICIPAL BUILDING, TO -WIT: A CITY HALL, INCLUDING THE PURCHASE OF THE NECESSARY SITE THEREFOR, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? (The probable period of usefulness of the improvements for which the bond proceeds are to be expended is 40 years.) PROPOSITION NO. FIVE SHALL THE CITY COU14CIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF SAID CITY IN THE AMOUNT OF $130,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A • RATE NOT TO EXCEED 5% PER ANNUM, FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING MUNICIPAL BUILDINGS, TO -WIT: FIRE STATION BUILDINGS, INCLUDING THE PURCHASE OF THE NECESSARY SITES THEREFOR, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? (The probable period of usefulness of the improvements for which the bond proceeds are to be expended is 40 years.) PROPOSITION NO. SIX SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF SAID CITY IN THE AMOUNT OF $50,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE NOT TO EXCEED 5% PER ANNUM, FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING A MUNICIPAL BUILDING, TO -WIT: A CITY HEALTH CENTER BUILDING, INCLUDING THE PURCHASE OF THE NECESSARY SITE.THEREFOR, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? (The probable period of usefulness of the im- provements for which the bond proceeds are to be expended is 40 years.) I PROPOSITION NO. SEVEN • SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF SAID CITY IN THE AI•,IOUNT OF $145,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE NOT TO EXCEED 5% PER ANNUM, FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING A MUNICIPAL BUILDING, TO -WIT: A POLICE STATION BUILDING (IN- CLUDING JAIL AND CORPORATION COURT FACILITIES), INCLUDING THE PURCHASE OF THE NECESSARY SITE THEREFOR, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRIN- CIPAL OF SAID BONDS AS IT MATURES? (The probable period of usefulness of the improvements for which the bond--proceeds are to be expended is 40 years.) PROPOSITION NO. EIGHT SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE • AUTHORIZED TO ISSUE THE TAX BONDS OF SAID CITY IN THE AMOUNT OF $1,396,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE NOT TO EXCEED 5% PER ANNUM, FOR THE PURPOSE OF CONSTRUCTING PERMANENT STREET IMPROVEMENTS IN AND FOR SAID CITY, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS-AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? (The probable period of usefulness of the improvements -for which the bond proceeds are to be expended is 40 years.) PROPOSITION NO. NINE SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF SAID CITY IN THE AMOUNT OF $300,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE NOT TO • EXCEED 5% PER ANNUM, FOR THE PURPOSE OF CONSTRUCTING PER- MANENT DRAINAGE IMPROVEMENTS IN AND FOR SAID CITY, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRIN- CIPAL OF SAID BONDS AS IT MATURES? (The probable period of usefulness of the improvements for which the bond proceeds are to be expended is 40 years.) PROPOSITION NO. TEN SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF SAID CITY IN THE AMOUNT OF $40,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE NOT TO EXCEED 5% PER ANNUM, FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING A MUNICIPAL BUILDING, TO -WIT: A CITY LIBRARY BUILDING, INCLUDING THE PURCHASE OF THE NECESSARY SITE THEREFOR, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT • TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? (The probable period of usefulness of the improvements for which the bond proceeds are to be expended is 40 years.) A • and • WHEREAS, there were cast at said election 2,869 votes, of which number there were cast: PROPOSITION NO. ONE FOR THE ISSUANCE OF $524,000 WATERWORKS SYSTEM REVENUE BONDS 1,487 votes AGAINST THE ISSUANCE OF $524,000 WATERWORKS SYSTEM REVENUE BONDS 1,382 votes MAJORITY FOR THE ISSUANCE OF $524,000 WATERWORKS SYSTEM REVENUE BONDS 105 votes PROPOSITION NO. TWO FOR THE ISSUANCE OF $476,000 SANITARY SEWER SYSTEM REVENUE BONDS 1580 votes AGAINST THE ISSUANCE OF $476,000 SANITARY SEWER 1,272 SYSTEM REVENUE BONDS votes Iv1AJORITY FOR THE ISSUANCE OF $476,000 SANITARY SEWER SYSTEM REVENUE BONDS -O8 votes PROPOSITION NO. THREE FOR THE ISSUANCE OF $151,000 PARK IMPROVEMENT BONDS 1,.202 votes AGAINST THE ISSUANCE OF $151,000 PARK IMPROVEMENT BONDS votes MAJORITY AGAINST THE ISSUANCE OF'$151,000 PARK IM- PROVEMENT BONDS X78 votes PROPOSITION NO. FOUR FOR THE ISSUANCE OF $388,000 CITY HALL BONDS 1,221 votes AGAINST THE ISSUANCE OF $388,000 CITY HALL BONDS 1,590 votes MAJORITY AGAINST THE ISSUANCE OF $388,000 CITY HALL BONDS 366 votes PROPOSITION NO. FIVE FOR THE ISSUANCE OF $130,000 FIRE STATION BUILDING BONDS 1.276 votes AGAINST THE ISSUANCE OF $130,000 FIRE STATION BUILDING BONDS 1,541 votes MAJORITY AGAINST THE ISSUANCE OF $130,000 FIRE STATION BUILDING BONDS 265 votes -5- 0 0 PROPOSITION NO. SIX FOR THE ISSUANCE OF $50,000 CITY HEALTH CENTER BUILDING BONDS AGAINST THE ISSUANCE OF $50,000 CITY HEALTH CENTER BUILDING BONDS 1.296 votes 1,_5ga_ votes MAJORITY AGAINST THE ISSUANCE OF $50,000 CITY HEALTH CENTER BUILDING BONDS 227 votes PROPOSITION NO. SEVEN FOR THE ISSUANCE OF $145,000 POLICE STATION BUILDING BONDS 1,24_ votes AGAINST THE ISSUANCE OF $145,000 POLICE STATION BUILDING BONDS MAJORITY AGAINST THE ISSUANCE OF $145,000 POLICE STATION BUILDING BONDS PROPOSITION NO. EIGHT FOR THE ISSUANCE OF $1,396,000 STREET IMPROVEMENT BONS AGAINST THE ISSUANCE OF $1,396,000 STREET IM- PROVEMENT BONDS MAJORITY FOR THE ISSUANCE OF $1,396,000 STREET IMPROVEMENT BONDS PROPOSITION NO. NINE FOR THE ISSUANCE OF $300,000 DRAINAGE IMPROVEMENT BONDS AGAINST THE ISSUANCE OF $300,000 DRAINAGE IMPROVE- MENT BONDS MAJORITY FOR THE ISSUANCE OF $300,000 DRAINAGE IMPROVEMENT BONDS PROPOSITION NO. TEN FOR THE ISSUANCE OF $40,000 CITY LIBRARY BUILDING BONDS 1.555 votes 316 votes j 55q votes 1,292 votes 267 votes 1-1.5-1-35, votes 1,314 votes 221 votes 1,257 votes AGAINST THE ISSUANCE OF $40,000 CITY LIBRARY BUILDING BONDS 1,554 votes MAJORITY AGAINST THE ISSUANCE OF $40,000 CITY LIBRARY BONDS ag7 votes as shown in the official election returns heretofore submitted to this City Council and filed with the City Clerk; Therefore BAYTOWN: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF -6- ^r v 0 Section 1: • That said election was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that only duly qualified resident electors of the City of Baytown, Texas, who owned taxable property within said City and who had duly rendered the same for taxation voted at said election; that due returns of said election have been made by the proper officers; that said election has resulted favor- ably to the issuance of the bonds described in Proposition No. One (waterworks system revenue bonds), Proposition No. Two (sanitary sewer system revenue bonds), Proposition No. Eight (street im- provement bonds), and Proposition No. Nine (drainage improvement bonds); that a majority of the qualified voters voting at said election have voted in favor of the issuance of the bonds described in each of said Propositions Nos. One, Two, Eight, and Nine; that said election resulted unfavorably to the issuance of the bonds described in Proposition No. Three (park improvement bonds), Propo- sition No. Four (city hall bonds), Proposition No. Five (fire station building bonds), Proposition No. Six (city health center building bonds), Proposition No. Seven (police station building bonds), and Proposition No. Ten (city library building bonds); and that a majority of the qualified voters voting at said election have voted against the issuance of the bonds described in each of said Propositions Nos. Three, Four, Five, Six, Seven, and Ten. Section 2: That the City Council is now authorized to issue the bonds described in each of said Propositions Nos. One, Two, Eight, and Nine, and to do any and all acts necessary in con- nection therewith; and that the City Council has no authority to issue any of the bonds described in said Propositions Nos. Three, Four, Five, Six, Seven, and Ten, and such bonds will not and can- not be issued. -7- w • Section 3: That this ordinance shall take effect and be in full force from and after its adoption. 1 PASSED AND APPROVED, this the day of November, 1957. Mayo , City off Baytown, Texas 7r_,ST: • Clerk,-City of Baytown, Texas 0 (SEAL) 4