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Ordinance No. 641AN ORDINANCE AUTHORIZING THE ISSUANCE OF CERTAIN CITY OF BAYTOWN TAX BONDS: PRESCRIB- ING CERTAIN TERMS AND CONDITIONS RELATING THERETO; CALLING AND PROVIDING FOR AN ELECTION TO AUTHORIZE THE ISSUANCE OF SAID BONDS; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER ITS ADOPTION 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 11th day of January, 1962, with the following members present, 0. to -wit: Al Clayton Mayor C.A. Hansen Councilman Jim M. Bryan Councilman Seaborn Cravey Councilman Mrs. Velma Ansley Councilman Roy H. Hughes Councilman W. L. Ward Councilman Edna Oliver City Clerk and the following member (s) absent, to -wit: when, among other business, the following was transacted: The Mayor introduced an ordinance which was read in full. Councilman made a motion that the ordinance be adopted as read. Councilman seconded the motion for adoption of the ordinance. The motion, carrying with it the adoption of the ordinance, prevailed by the following vote: AYES: Councilmen Hansen, Bryan, Cravey, Ansley, Hughes, Ward, and Mayor Clayton. t NOES: None. The Mayor thereupon announced that:the ordinance had been duly and lawfully adopted. The ordinance thus adopted follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF CERTAIN CITY OF BAYTOWN TAX BONDS; PRESCRIB- ING CERTAIN TERMS AND CONDITIONS RELATING THERETO; CALLING AND PROVIDING FOR AN ELECT- ION TO AUTHORIZE THE ISSUANCE OF SAID BONDS; AND PROVIDING THAT THIS GREW= SHALL TAKE EFFECT FROM AND AFTER ITS ADOPTION WHEREAS,-there is a great need for the issuance of tax bonds of the City of Baytown, Texas, for the purposes hereafter set forth in this ordinance; and WHEREAS, before said bonds can be issued, they must be approved at an election by a majority vote of the resident qualified electors of said City who own taxable property within said City and who have duly rendered the same for taxation, voting at said election; Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1! That an election shall be held in and through- out the City of Baytown, Texas, on the 27th day of January, 1962, which is not less than fifteen days nor more than 0 thirty days from the date of adoption of this ordinance, at which election there shall be submitted to the duly qualified resident electors of said City who own taxable property within said City and who have duly rendered the same for taxation, for their action thereupon, the following propositions, to -wit: I• -2- PROPOSITION NO. ONE SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF SAID CITY IN THE AMOUNT OF $2,000,000 MATURING SERIALLY WITHIN 25 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, TWO SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF SAID CITY IN THE AMOUNT ® OF $390,000, MATURING SERIALLY WITHIN 25 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 MUNICI- PAL 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. 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 $100,000 MATURING SERIALLY WITHIN 25 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 N0, FOUR SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED'TO ISSUE THE TAX BONDS OF SAID CITY IN THE AMOUNT OF $350,000 MATURING SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE NOT TO EXCEED 5 %,PER ANNUM, FOR THE PURPOSE OF CONSTRUCTING PERMANENT 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 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.) -3- ® Section 2: That said election shall be conducted and held in the several election precincts of said City, hereto- fore established, and at the respective polling places herein- after stated, and the following named persons are hereby appointed officers to conduct said election in said election precincts, respectively, to -wit: e -4- Prec. Polling No. Place Election Officers 12 Alamo School J. F. Rhodes Presiding Judge Building Mrs. R. L. Lawhon Assistant Judge Mrs. J. D. Siratt Clerk ® 99 Thad Felton Ford Jack G. Hester Presiding Judge Agency Building Mrs. Ouida W. Hester Assistant Judge P. S. Viles Clerk 100 Wilkenfeld's W. 0. Tidmon Presiding Judge Furniture Company Gerald G. Atkinson Assistant Judge Building Mrs. Ccnrad Matysiak Clerk 101 Fireman's J. J. Strickling Presiding Judge Recreation Hall Mrs. G. L. Dabney Assistant JudgcL Mrs. 011ygay Pelly Clerk 102 Community House J. W. Sprayberry Presiding Judge No. 2 Mrs. J. W. Sprayberry Assistant Judge Mrs, Nami Katribe Clerk 149 San Jacinto A. R. Stark Presiding Judge Elementary School Mrs. E. L. Miller Assistant Judge ® Building Mrs. C. R. Hinton Clerk 248 Car:ver High 1400drow Lewis Presiding Judg( School Building Mrs. Virgie Devereaux Assistant Judg( Mrs. C. D. Reed Clerk 249 James Bowie Wayne McClurg Presiding Judg(. Elementary Mrs. Kathryn Alford Assistant Judgc School Building Mrs. J. A. Jones Clerk e -4- 0 • ® Section 3: That said election shall be held in accordance with the Constitution and laws of the State of Texas and the Home -Rule Charter of said City, and only duly qualified resident electors of said City who own taxable property within said City and who have duly rendered the same for taxation shall be qualified to vote. Section 4: That the ballots of said election shall con- form to the requirements of the Election Code of the State of Texas, Chapter 492, Acts of the 52nd Legislature of Texas, 1951, as amended, and shall have printed thereon the following: OFFICIAL BALLOT PROPOSITION NO. ONE FOR AGAINST THE ISSUANCE OF $2,000,000 STREET IMPROVEMENTS BONDS PROPOSITION NO. TWO FOR AGAINST THE ISSUANCE OF $390,000 CITY HALL BUILDING BONDS PROPOSITION NO. THREE FOR AGAINST THE ISSUANCE OF $100,000 PARK IMPROVEMENT BONDS PROPOSITION NO. FOUR FOR AGAINST THE ISSUANCE OF $350,000 DRAINAGE IMPROVEMENT BONDS Voting on said propositions shall be by voting machines. As to each proposition, each voter desiring to vote in favor of the proposition shall pull the voting pointer down indicating 'For' such proposition, and each voter desiring to vote against such proposition shall pull the voting pointer down indicating • "Against" such proposition. As to absentee voting, however, paper ballots -5- • shall be used, and absentee votes shall be cast at the Office of the City Clerk in the City Hall. Said paper ballots shall have pr=inted thereon the follow ing: OFFICIAL BALLOT PROPOSITION NO. ONE FOR THE ISSUANCE OF $2,000,000 STREET IMPROVEMENTS BONDS AGAINST THE ISSUANCE OF $2,000,000 STREET IMPROVEMENTS BONDS PROPOSITION NO. TWO FOR THE ISSUANCE OF $390,000 CITY HALL BUILDING BONDS AGAINST THE ISSUANCE OF $390,000 CITY HALL BUILDING BONDS PROPOSITION NO. THREE FOR THE ISSUANCE OF $100,000 PARK IMPROVEMENT BONDS AGAINST THE ISSUANCE OF $100,000 PARK IMPROVEMENT BONDS PROPOSITION NO. FOUR FOR THE ISSUANCE OF $350,000 DRAINAGE IMPROVEMENT BONDS AGAINST THE ISSUANCE OF $350,000 DRAINAGE IMPROVEMENT BONDS As to each proposition, the absentee voter shall vote on the proposition by scratching or marking out the expression that he does not wish to vote for, thus leaving the one not so scratched or marked out as indicating his vote on such pro- position, in accordance with said Election Code as amended. Section 5: That notice of said election shall be given by posting a copy of a notice containing a substantial copy of this ordinance at the City Hall and at a public place in each of the City election precincts within said City not less than fourteen (14) days prior to the date upon which said elect- ion is to be held, and by publication of said notice on the same • day in each of two (2) consecutive weeks in The Baytown Sun, a newspaper publ�sied in, and of general circulation within, ti_ said City of Baytown, the first of said publications to be made not later than fourteen (14) days prior to the date set for said election. Section 6: (A) If the bonds covered by Proposition No, One (Street Improvements) are favored by a majority vote of the electors voting at said election, the proceeds of sale of said bonds will be used for the purpose of constructing permanent street improvements in and for said City. (B) If the bonds covered by Proposition ® No. Two (City Hall Bonds) are favored by a majority vote of the electors voting at said election, the proceeds of sale of said bonds will be used for the purpose of constructing and equipping a City Hall, including the purchase of the necessary site therefor. (C) If the bonds covered by Proposition No. Three (Park Bonds) are favored by a majority vote of the electors voting at said election, the proceeds of sale of said bonds will be used for the purpose of purchasing and /or improving lands for park purposes. 0 (D) If the bonds covered by Proposition No. Four (Drainage Improvemer+- Bonds) are favored by a majority vote of the electors voting at said election, the proceeds of sale of said bonds will be used for the purpose of constructing permanent drainage improvements in and for said City. Section 7: That if said propositions are approved by a majority vote of the electors voting at said election, the same will constitute an approval of this ordinance and of the • authority of the City Council to issue said bonds; that if a -7- ® certain proposition or propositions are so approved and another proposition or propositions fail to receive a majority vote, the same will constitute an approval of this ordinance insofar as the favored bonds are concerned and of the authority of the City Council to issue said favored bonds, and a rejection of the provisions of this ordinance insofar as the disfavored bonds are concerned and of the authority of the City Council to issue the same; and, that if all propositions fail to receive said majority vote, the same will constitute a re- Section 8: That the issuance of said bonds is hereby authorized, subject to the approval by a majority vote of the resident qualified property taxpaying voters who own taxable property in said City and who have duly rendered the same for taxation, voting at said election, as hereinabove pro- vided for; and, subject to said approval, while said tax bonds or any part of the principal thereof or interest thereon remain outstanding and unpaid, there is hereby levied for each issue and there shall be annually assessed and collected, in r due time, form, and manner, and at the same time other City taxes are assessed, levied, and collected, in each year, beginning with the current year, a continuing direct annual ad valorem tax upon all taxable property within said City sufficient to pay the current interest thereon and to create and provide a sinking fund of not less than 2% of the princi- pal amount of each issue of bonds then outstanding or of not less than the amount required to pay the principal payable Is out of said tax, whichever is greater, full allowance being male for delinquencies and costs of collection; and that, 11:11 jection of this ordinance in its entirety and of the author- ity of the City Council to issue said bonds. Section 8: That the issuance of said bonds is hereby authorized, subject to the approval by a majority vote of the resident qualified property taxpaying voters who own taxable property in said City and who have duly rendered the same for taxation, voting at said election, as hereinabove pro- vided for; and, subject to said approval, while said tax bonds or any part of the principal thereof or interest thereon remain outstanding and unpaid, there is hereby levied for each issue and there shall be annually assessed and collected, in r due time, form, and manner, and at the same time other City taxes are assessed, levied, and collected, in each year, beginning with the current year, a continuing direct annual ad valorem tax upon all taxable property within said City sufficient to pay the current interest thereon and to create and provide a sinking fund of not less than 2% of the princi- pal amount of each issue of bonds then outstanding or of not less than the amount required to pay the principal payable Is out of said tax, whichever is greater, full allowance being male for delinquencies and costs of collection; and that, 11:11 R ® as to the bonds so approved at said election, the details governing their issuance shall be fixed and specified by ordinances duly adopted by the City Council subsequent to the holding of said election. Section 9: That this ordinance shall take effect and be in full force from and after its adoption. PASSED AND APPROVED, this the 11th day of January, 0 1962. A ST: City Clerk, City of Baytown (SEAL) -9- Mayor, City of BWytown, Texas