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Ordinance No. 1,021100411111 ORDINANCE NO. 1021 ORDINANCE CALLING BOND ELECTION AND PROVIDING FOR ISSUANCE OF BONDS THE STATE OF TEXAS COUNTY OF HARRIS CITY OF BAYTOWN WHEREAS, the City Council deems it necessary to call the election hereinafter described and, subject to the results of the election, to authorize the issuance of bonds; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN THAT: Section 1. An election shall be held in the CITY OF BAYTOWN on the 17th day of March, 1970; the polls shall be open for voting from 7 a.m. to 7 p.m. at the following poll- ing places in each of the following precincts heretofore established and described by natural or artificial boundaries or survey lines by an ordinance adopted by the City Council and on file in its niinutes, and the following are appointed officers to conduct the election at each polling place: ELECTION PRECINCT 1: Boundaries, same as County Election Precinct 12. PollinE; Place : ALAMO ELEMENTARY SCHOOL Election Officers: Bill G. Rogers Presiding Judge C. Laughlin Alternate Presiding Judge Maximuri Number of Clerks: 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ELECTION PRECINCT 2: Boundaries same as County Election Precinct 13. Polling Place: DAVID G. BURNETT ELEMENTARY SCHOOL Election Officers: Irving St. John Presiding Judge Dorothy St. John Alternate Presiding Judge Maximum Number of Clerks: 4 ELECTION PRECINCT 3: Boundaries same as County Election Precinct 99• Polling Place: LINGO OLDSMOBILE CO. (formerly Courtesy Ford) Election Officers: Jack G. Hester Presiding Judge Mrs. Jack G. Hester Alternate Presiding Judge Maximum Number of Clerks: 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ELECTION PRECINCT 4: Boundaries same as County Election Precinct 100. Polling Place: ASHBEL SMITH ELEMENTARY SCHOOL Election Officers: W. 0. Tidman Presiding Judge Mrs. E. R. Rutledge Alternate Presiding Judge Maximum Number of Clerks: 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ELECTION PRECINCT 5: Boundaries same as County Election Precinct 101. Polling Place: HORACE MANN JUNIOR HIGH SCHOOL L'l -..{ -4 -- 114+F4 ---- . Mrs. G. E. Dabney Presiding Judge Mrs. S. V. Robberson Alternate Presiding Judge Maximum Number of Clerks: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -2- ELECTION PRECINCT 6: Boundaries same as County Election Precinct 102. Polling Place: BAYTOWN JUNIOR HIGH SCHOOL Election Officers: A. Contreras Presiding Judge Mrs. J. W. Sprayberry Alternate Presiding Judge Maximum Number of Clerks: 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ELECTION PRECINCT 7: Boundaries same as County Election Precinct 103. Polling Place: STEPHEN F. AUSTIN ELEMENTARY SCHOOL Election Officers: Mrs. Claude Tompkins Presiding Judge Mrs. W. A. Goodrich Alternate Presiding Judge Maximum Number of Clerks: _ 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ELECTION PRECINCT 8: Boundaries same as County Election Precinct 149. Polling Place: SAN JACINTO ELEMENTARY SCHOOL Election Officers: Marjie Kloesel Presiding Judge Mrs. Fred J. Marti, Jr. Alternate Presiding Judge Maximum Number of Clerks: _ 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ELECTION PRECINCT 9: Boundaries same as County Election Precinct 165. Polling Place: TRAVIS ELEMENTARY SCHOOL Election Officers: J. Rodger Read Presiding Judge J. F. McCheney Alternate Presiding Judge Maximum Number of Clerks: 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -3- ELECTION PRECINCT 10: Boundaries same as County Election Precinct 248. Polling Place: CARVER -JONES ELEMENTARY SCHOOL Election Officers: Woodrow W. Lewis Presiding Judge Mrs. C. D. Reed Alternate Presiding Judge Maximum Number of Clerks: 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ELECTION PRECINCT 11: Boundaries same as County Election Precinct 249. Polling Place: JAMES BOWIE ELEMENTARY SCHOOL Election Officers: Wayne McClurg Presiding Judge Mrs. Modine Baker Alternate Presiding Judge Maximum Number of Clerks: 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Each presiding judge shall appoint not less than two or more than the maximum number of election clerks specified above to serve at the polling place under his jurisdiction. By approving and signing this ordinance, the Mayor of the City officially confirms his appointment of the aforesaid election officers to serve at the election; and by adopting this ordinance, the City Council approves and concurs in the appointment of the aforesaid election officers. Mrs. Edna Oliver is hereby appointed as the clerk for absentee voting, and the: Office of the City Clerk City Hall Baytown, Texas 77520 -4- al?r)r, is hereby designated as the place for absentee voting for said election. During the lawful absentee-voting period, said clerk shall keep said dace for abser °rtee voting open for absentee voting„ from 8 a.m. to 5 D.rrr. on each day except Saturdays, Sundays, and official state holidays. Section 2. At said election the following PROPOSITIONS shall be submitted in accordance with law SHALL THE CITY COUNCIL, OF THE CITY BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,500,000 WITH THE BONDS OF EACH SERIES OR 'ISSUE, RESPECTIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE (DR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT 'T'C, EXCEED THE CONSTITUTIONAL LIMIT OF 10% PER ANNUM AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF IMPROVING AND EXTENDING THE CI°T'Y � S SANITARY SEWER. SYSTEM, THE INTEREST ON AND PRINCIPAL,' OF THE BONDS TO BE SECURED BY AND PAYABLE FROM A LIEN ON AND PLEDc. E OF THE NET REVENUES OF THE CITY'S WATERWORKS AND SANITARY SEWER. SYSTEM? SHALL THE CITY COUNCIL OF THE CITY BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,705,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE CONSTITUTIONAL LIMIT OF 10 PER ANNUM AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS TO THE CITY'S SANITARY SEWER SYSTEM; AND SHALL, THE CITY COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON THE BONDS AND PROVIDE A SINKING FUND TO PAY THE BONDS AT MATURITY? —5- 'Aft'll PROPOSITION SHALL THE CITY COUNCIL OF THE CITY BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,010,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE CONSTITUTIONAL LIMIT OF 10% PER ANNUM AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS TO THE CITY'S WATERWORKS SYSTEM; AND SHALL THE CITY COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON THE .BONDS AND PROVIDE A SINKING FUND TO PAY THE BONDS AT MATURITY? PROPOSITION 11 SHALL THE CITY COUNCIL OF THE CITY BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $3,715,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT T(�.) EXCEED THE CONSTITUTIONAL LIMIT OF 10% PER ANNUM AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF CONSTRUCTING PERMANENT STREET IMPROVEMENTS FOR THE, CITY; AND SHALL THE CITY COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOHEM TAXES IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON THE BONDS AND PROVIDE A SINKING FUND TO PAY THE BONDS AT MATURITY? PROPOSITION 5- SHALL THE CITY COUNCIL OF THE CITY BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $50,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 4o YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE CONSTITUTIONAL LIMIT OF 10% PER ANNUM AS SHALL BE DETERMINED WITHIN TEE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS TO AND PERMANENTLY EQUIPPING FIRE—STATION BUILDINGS FOR THE CITY; AND SHALL THE CITY COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON THE BONDS AND PROVIDE A SINKING FUND TO PAY THE BONDS AT MATURITY? -6-- PROPOSITION 6 SHALL THE CITY COUNCIL OF THE CITY BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $200,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE CONSTITUTIONAL LIMIT OF 10% PER ANNUM AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL., FOR THE PURPOSE OF CONSTRUCTING, IMPROVING, AND PERMANENTLY EQUIPPING BUILDINGS AND RELATED PERMANENT IMPROVEMENTS FOR PUBLIC, WORKS PURPOSES, INCLUDING A NEW CENTRAL PUBLIC-WORKS BUILDING AND THE EXISTING AUTOMOTIVE REPAIR SHOP, FOR THE CITY; AND SHALL THE CITY COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON THE BONDS AND PROVIDE A SINKING FUND TO PAY THE BONDS AT MATURITY? mMmm"riml SHALL THE CITY COUNCIL OF THE CITY BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $500,00O WITH THE BONDS OF EACH SERIES OR ISSUE., RESPECTIVELY., TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE CONSTITUTIONAL LIMIT, OF' 10% PER ANNUM AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF CONSTRUCTING AND PERMANENTLY EQUIPPING A POLICE ADMINISTRATION BUILDING FOR THE CITY; AND SHALL THE CITY COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON THE BONDS AND PROVIDE A SINKING FUND TO PAY THE BONDS AT MATURITY? PROPOSITION 8 SHALL THE CITY COUNCIL OF THE CITY BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $920,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 4o YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE CONSTITUTIONAL LIMIT OF 10% PER ANNUM AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF PURCHASING AND /OR IMPROVING LANDS FOR PARK PURPOSES FOR THE CITY; AND SHALL THE CITY COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON THE BOND'S AND PROVIDE A SINKING FUND TO PAY THE BONDS AT MATURITY? -7- PROPOSITION 9 SHALL THE CITY COUNCIL OF THE CITY BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $400,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT-ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE CONSTITUTIONAL LIMIT OF 10% PER ANNUM AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF PURCHASING ANA /OR IMPROVING LANDS FOR PARK PURPOSES, TO -WIT: A MUNICIPAL GOLF COURSE, FOR THE CITY; AND SHALL THE CITY COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON THE BONDS AND PROVIDE A SINKING FUND TO PAY THE BONDS AT MATURITY? Section 3. Voting machines shall be used for said election except that paper ballots shall be used for absentee voting by mail; and the official ballots for the election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS which shall be set forth on all official ballots in substantially the following form: PROPOSITION 1 [ ] FOR ) THE ISSUANCE OF $2,500,000 )-- - - - - -- SANITARY SEWER SYSTEM REVENUE [ ] AGAINST ) BONDS PROPOSITION 2 U [ ] FOR ) THE ISSUANCE OF $1,705,000 }-- - - - - -- SANITARY SEWER SYSTEM BONDS [ ] AGAINST ) PROPOSITION 3 [ ] FOR ). - - - -_ --- THE ISSUANCE OF $2,010,000 [ ] AGAINST } WATERWORKS SYSTEM BONDS :.� AWN PROPOSITION 4 ( ] FOR ) )----- - - -THE ISSUANCE OF $3,715,000 [ ] AGAINST ) STREET IMPROVEMENT BONDS PROPOSITION 5 ( ] FOR ) - - - - - -- -THE ISSUANCE OF $50,000 ( ] AGAINST ) FIRE STATION BONDS PROPOSITION 6 [ ] FOR ) )----- - - -THE ISSUANCE OF $200,000 [ ] AGAINST ) PUBLIC WORKS BUILDINGS BONDS PROPOSITION 7 [ ] FOR ) - - - - - -- -THE ISSUANCE OF $500,000 [ ] AGAINST ) POLICE ADMINISTRATION BUILDING BONDS PROPOSITION 8 [ ] FOR ) - - - - - -- -THE ISSUANCE OF $920,000 [ ] AGAINST ) PARK BONDS PROPOSITION 9 [ ] FOR ) - - - - - -- -THE ISSUANCE OF $400,000 [ ] AGAINST ) GOLF COURSE PARK BONDS Each elector using a voting machine and desiring to vote in favor of a proposition shall move the voting pointer so as to indicate "FOR" the proposition, and each elector desiring to vote against a proposition shall move the voting pointer so as to indicate "AGAINST" the proposition. Each absentee elector voting by mail and using a paper ballot shall vote on each proposition by placing an "X" or other clear mark in the square beside the statement indicating the way such elector wishes to vote on the proposition. Section b. It is hereby officially found and deter- mined that certain recent decisions of the Supreme Court of the United States of America may have created uncertainty as to the lawful manner of calling and conducting said election; therefore, said election shall be called, held, and conducted as two separate but simultaneous elections, to -wit: one elec- tion at which only the resident, qualified electors of the City who own taxable property within the City and who have rendered the same for taxation shall be entitled to vote on the PROPOSITIONS and another election at which all other resident, qualified electors of the City shall be entitled to vote on the PROPOSITIONS. The votes cast at each of said separate but simultaneous elections shall be recorded, returned, and canvassed separately. election precincts of the City and also at the City Hall not less than fifteen days prior to the date set for the election; and a substantial copy of this ordinance shall be published on the same day in each of two successive weeks in a newspaper published in the City, the date of the first publication to be not less than fourteen days prior to the date set for the elec- tion. -10- Section 5. Notice of the election shall be given by posting a substantial copy of this ordinance in each of the election precincts of the City and also at the City Hall not less than fifteen days prior to the date set for the election; and a substantial copy of this ordinance shall be published on the same day in each of two successive weeks in a newspaper published in the City, the date of the first publication to be not less than fourteen days prior to the date set for the elec- tion. -10- Section 6. It is hereby officially found and deter- mined that the probable period of usefulness of each of the projects described in the foregoing PROPOSITIONS is forty years. Section 7. All or any portion of the bonds described in the aforesaid PROPOSITIONS 2 through 9 and the issuance of which is approved at the election may be combined and issued as one or more issues or series of bonds. Section 8. The issuance of the bonds described in the aforesaid PROPOSITIONS 1 through 9 is hereby authorized sub- ject to approval at the election as hereinabove set out; and, subject to said approval at the election and during each year while any of the bonds described in the aforesaid PROPOSI- TIONS 2 through 9 are outstanding and unpaid, the City Council shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on said bonds as such interest comes due and to provide and maintain a sinking fund adequate to pay the principal of such bonds as such principal matures but never less than 2% of the original principal amount of said bonds as a sinking fund each year; and said tax shall be based on the latest- approved tax rolls of the City with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax are hereby levied, and are hereby ordered to be levied, against all tax- able property in the City for each year while any of said bonds or interest coupons appertaining thereto are outstanding -11- roll and unpaid; and said tax shall be assessed and collected each such year. Said ad valorem tax sufficient to provide for the payment of the interest on and principal of said bonds, as such interest comes due and such principal matures, is hereby pledged irrevocably for such payment within the limit pre- scribed by law. Section 9. This ordinance was read once by the City Council and shall take effect immediately. Section 10. It is hereby officially found and deter- mined that the need of the City for such financing creates an emergency and an urgent public necessity for the holding, at the scheduled time, of the meeting of the City Council at which this ordinance is adopted and for the adoption of this ordinance; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Clerk, and the posting thereof, are hereby authorized, approved, adopted, ratified, and confirmed. -12- "A MIN, "AMMA"" YOU WILL, 'THEREFORE, TAKE NOTICE of all matters, and facts set out in the foregoing notice and ordinance. City Clerk CITY OF BAYTOWN, TEXAS (SEAL)