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Ordinance No. 740011MINANCE NO. 740 AN ORDINANCE AUTHORIZING THE ISSUANCE OF CERTAIN CITY OF BAYTOWN BONDS; PRESCRIBING 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 February,, 1965, with the following members present, to -wit: Ca Le Liggett Mayor Kenneth E. Badgett Councilman Seaborn Cravey Councilman David Co Clark Councilman Jo Co Huron Councilman M. E. Lively Councilman Edna Oliver City Clerk and the following member(s ) absent, tomwi t: Aid/ ✓�E _ _, when, among other business, the following was transacted: The Mayor introduced an ordinance which was read in full, Councilman A made a motion that the ordinance be t adopted as read. JCouncilman G� car 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 Berftt -s, Badgett, Cravey, Clark, Huron, Lively and Mayor Liggett. 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 BONDS; PRESCRIBING 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 WHEREAS, there is a great need for the issuance of revenue bonds and 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 to That an election shall be held in and throughout the City of Baytown, Texas, on theh day of Fel!)Tnt,7 1965, which is not less than fifteen days nor more than 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 them action thereupon, the following propositions, to -wits PROPOSITION NO. ONE SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE THE BONDS OF SAID CITY IN THE AMOUNT OF 1,661,000, MATURING SERIALLY WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES 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 BONDS OF SAID CITY IN THE AMOUNT OF $130,000, MATURING SERIALLY WITHIN 00 YEARS FROM THEIF DATE OR DATES., AND BEARING INTEREST AT A RAPE OR RATES 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 PR:I:NCIFAL OF SAID BONDS AS IT MATURES? (The probable period of usefulness of the improvements for which the bond proceeds are to be expended is 00 years.) PROPOSITION NO, THREE SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE THE :BONDS OF SAID CITY IN THE AMOUNT OF $300,000, MATURING SERIALLY WITHIN 40 YEARS FROM THE.IIR. DATE OR DATES, AND BEARING :INTEREST AT A RATE OR RATES NOT TO :EXCEED 5% PER ANNUM, FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING A MUNICIPAL :BUILDING, TO --WIT A CITY HALL BUILDING, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAND BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAND 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 BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE THE BONDS OF SAID CITY IN THE AMOUNT OF $55,000, MATURING SERIALLY WITHIN 40 YEARS FROM THEIS DATE OR :DATES, AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED 5% PER ANNUM, FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING A MUN.IC.I.PAL BUILDING, TO -WIT: A FIRE STATION BUILDING, 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 PRI.NC.I.PAL ON SAID BONDS AS IT MATURES? (The probable period of usefulness of the improvemews for which the bond proceeds are to be expended is 40 years.) PROPOSITION NO. FINE SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE THE BONDS OF SA.I.D CITY .I.N THE AMOUNT OF $7+0,000, MATURING SERIALLY WITHIN 40 YEARS FROM THEIR. :DATE OR DATES,, AND BEARING INTEREST AT A. RATE OR RATES NOT TO EXCEED 5% PER ANNUM, FOR THE PURPOSE OF CONSTRUCTLNG AND EQUIPPING A MUNICIPAL BUILDING, TO -WIT: A COMMUNITY 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 improvements for which the bond proceeds are to be expended is 43 years,) PROPOSITION NO, SIX SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE THE BONDS OF SAID CITY IN THE AMOUNT OF $241,0009 MATURING SERIALLY WITHIN 4O YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES 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 �3AID BONDS AS IT MATURES? (The probable period of usefulness of c_he improvements for which the bond proceeds are to be expendct is 110 years,) PROPOSITION NO. SEVE''[1 SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE THE BONDS OF SAID CITY IN THE AMOUNT OF $250,000, MATURING SERIALLY WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED 5% PER ANNUM, FOR THE PURPOSE OF CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS, TO -WIT, . MUNICIPAL AIRPORT IMPROVEMENTS, 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. EIGHT SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE THE BONDS OF SAID CITY IN THE AMOUNT OF $1,178,000, MATUR- ING SERIALLY WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED 5% PER ANNUM, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS TO THE CITY'S WATERWORKS SYSTEM, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPER'T'Y 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 REVENUE BONDS OF SAID CITY IN THE AMOUNT OF $1,1x5,000, MATURING SERIALLY WITHIN 40 YEARS FROM THEIR DATE OR DATES, BEAlu NG INTEREST AT A RATE OR RATES NOT TO EXCEED 5% PER ANNUM, FOR THE PURPOSE OF IMPROVING, ENLAR.GING5 EXTENDING OR REPAIRING 'THE CITY'S SANITARY SEWER SYSTEM; SAID BONDS TO BE ISSUED .IN ACCORDANCE WITH AND SECURED IN THE MANNER PROVIDED IN ARTICLES 11.1.1.- 11.1.8, BOTH INCLUSIVE, VERNON'S CIVIL STATUTES, AS AMENDED; AND TO SECURE THE PAYMENT OF THE INTEREST ON SAID BONDS AS IT ACCRUES AND THE PRINCIPAL ON 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? (The probable period of usefulness of the .improvements for which the bond proceeds are to be expended is 40 years.) Section 2. Voting shall be at the following designated polling places in each of the following numbered precincts here- tofore established and described by natural or artificial boundaries or survey lines by order, adopted by the City Council of Baytown, Texas, and duly set out in its minutes. The following persons are hereby appointed officers of said election at said polling places, respectively- Prec. No. (County Polling Prec. No. ) Place Election Officers 12 Alamo Elementary J. W stop Hayes, Presiding Judge School d Alternate ri Presiding Judge 13 David G. Burnett ' 41 k�� Presiding Judge Elementary School i L :± ; ti ���, Alternate �•1 Presiding Judge 99 Thad Felton Ford Jack G. Hester, Presiding Judge Company Mrs. Jack Go Hester, Alternate Presiding Judge 100 Ashbel Smith W. 0. Ti.dmon, Presiding Judge Elementary School Mrs, E. R. Rutledge, Alternate Presiding Judge 101 Volunteer. Firemen's J. J. Strickling, Presiding Judge Recreation Hall Mrs. G. E. Dabney, Alternate Presiding Judge 102 Baytown Junior A. Contreras, Presiding Judge High. School Mrs. J. W. Sprayber.ry, Alternate Presiding Judge 103 Stephen F. Austin Mrs. W. A. Goodrich, Jr., Elementary School Presiding Judge x -ilAt4 y alternate Pr. esi.ding Judge 149 San Jacinto Ted F. Kl.oesel, Presiding Judge Elementary School ,�-r� 3 % �, Alternate Presiding Judge Prec. No. (County Polling Prec. No.) Place 155 Travis Elementary School Election Officers John W. Pie ce, Presiding Judge Alternate Presiding Judge 248 Carver High School Woodrow W. Lewis, Presiding Judge Mrs. C. D. Reed, Alternate Presiding Judge 249 James Bowie Elementary School Wayne McClurg, Presiding Judge Mrs. Modine Baker, Alternate Presiding Judge Each presiding judge shall appoint two qualified voters who are residents of his respective precinct to serve as election clerks, and shall appoint as many additional clerks as he deems necessary for the proper conduct of the election of said precinct, not to exceed the maximum number of four (4). 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 conform 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 $1,661,000 STREET IMPROVE- MENT BONDS PROPOSITION NO. TWO FOR AGAINST THE ISSUANCE OF $130,000 DRAINAGE IMPROVE- MENT BONDS PROPOSITION NO. THREE FOR AGAINST THE ISSUANCE OF $300,000 CITY HALL BUILDING BONDS PROPOSITION NO. FOUR FOR AGAINST THE ISSUANCE OF $55,000 FIRE STATION BUILD- ING BONDS PROPOSITION NO. FIVE FOR AGAINST THE ISSUANCE OF $740,000 COMMUNITY CENTER BUILDING BONDS PROPOSITION NO. SIX FOR AGAINST THE ISSUANCE OF $241,000 PARK AND PLAYGROUND BONDS PROPOSITION NO. SEVEN FOR AGAINST THE ISSUANCE OF $250,000 AIRPORT IMPROVEMENT BONDS PROPOSITION NO. EIGHT FOR AGAINST THE ISSUANCE OF $1,178,000 WATERWORKS SYSTEM BONDS PROPOSITION NO. NINE WON AGAINST THE ISSUANCE OF $1,175,000 SANITARY SEWER SYSTEM REVENUE BONDS Voting on said propositions shall be by voting machines, and each voter desiring to vote in favor of a proposition shall pull the voting pointer down indicating "For" such proposition, and each voter desiring to vote against a proposition shall pull the voting pointer down indicating "Against" such proposition. As to absentee voting, however, paper ballots shall be used. Absentee voting shall be conducted by the clerk of the City of Baytown, Texas, namely Edna Oliver, and the place at which absentee voting shall be conducted is designated as the office of said City Clerk in the City Hall, Baytown, Harris County, Texas. Said clerk shall keep his office open for at least eight (8) hours, that is, from 8 a.m. to 5 p.m., on each day for absentee voting which is not a Saturday, a Sunday, or an official state holiday. Said paper ballot shall have printed thereon the following: OFFICIAL BALLOT PROPOSITION NO. ONE FOR THE ISSUANCE OF $1,661,000 STREET IMPROVE- MENT BONDS AGAINST THE ISSUANCE OF $1,661,000 STREET IMPROVEMENT BONDS PROPOSITION NO. TWO FOR THE ISSUANCE OF $130,000 DRAINAGE IMPROVE- MENT BONDS AGAINST THE ISSUANCE OF $130,000 DRAINAGE IMPROVEMENT BONDS PROPOSITION NO. THREE FOR THE ISSUANCE OF $300,000 CITY HALL BUILD- ING BONDS AGAINST THE ISSUANCE OF $300,000 CITY HALL BUILDING BONDS PROPOSITION NO. FOUR FOR THE ISSUANCE OF $55,000 FIRE STATION BUILDING BONDS AGAINST THE ISSUANCE OF $55,000 FIRE STATION BUILDING BONDS PROPOSITION NO. FIVE IF FOR THE ISSUANCE OF $740,000 COMMUNITY CENTER BUILDING BONDS AGAINST THE ISSUANCE OF $740,000 COMMUNITY CENTER BUILDING BONDS PROPOSITION NO. SIX FOR THE ISSUANCE OF $241,000 PARK AND PLAY- GROUND BONDS AGAINST THE ISSUANCE OF $241,000 PARK AND PLAYGROUND BONDS PROPOSITION NO. SEVEN FOR THE ISSUANCE OF $250,000 AIRPORT IMPROVE- MENT BONDS AGAINST THE ISSUANCE OF $250,000 AIRPORT IMPROVEMENT BONDS PROPOSITION NO. EIGHT FOR THE ISSUANCE OF $1,178,000 WATERWORKS SYSTEM BONDS AGAINST THE ISSUANCE OF $1,178,000 WATER- WORKS SYSTEM BONDS PROPOSITION NO. NINE FOR THE ISSUANCE OF $1,175,000 SANITARY SEWER SYSTEM REVENUE BONDS AGAINST THE ISSUANCE OF $1,175,000 SANITARY SEWER SYSTEM REVENUE BONDS The absentee voter shall vote on each 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 proposition, in accordance with said Election Code as amended. Section 5e 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 election 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 published in, and of general circulation within, 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 6e That if a proposition is approved by a majority vote of the electors voting at said election, the same will constitute approval of such proposition and this ordinance, insofar as it relates to such proposition and of the authority of the City Council to issue bonds for the purpose and in the amount expressed in said propositions and, that if a proposition fails to receive a majority vote, the same will constitute a rejection of such proposition and this ordinance, insofar, but only insofar, as it relates to such proposition and of the authority of the City Council to issue bonds for the purposes expressed in said proposition. Section 7: In the event that the bonds in one or more of Propositions Nos. One to Eight, both inclusive, are *Except Proposition No. Six. authorized at said election, the City Council of the City may combine all or any part of said bonds so authorized into one or more issues of 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 of said City who own taxable property in said City and who have duly rendered the same for taxation, voting at said election, as hereinabove provided for; and, subject to said approval, while said bonds or any part of the principal thereof or interest thereon remain outstanding and unpaid, there is hereby levied and there shall be annually assessed and collected, in due time, form, and manner, and at the same time other City taxes are levied, assessed, 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 principal amount of said bonds then outstanding or of not less than the amount required to pay the principal payable out of said tax, whichever is greater, full allowance being made for delinquencies and costs of col- lection; and that, if said bonds are so approved, the details governing their issuance shall be fixed and specified by ordinance or ordinances duly adopted by the City Council subsequent to the holding of said election. Section g: That this ordinance shall take effect and be in full force from and after its adoption. PASSED AND APPROVED, this the llth day of February, 1965. Mayor, City of Baytown, Texas ATTEST: City Clerk (SEAL)