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Ordinance No. 1,792ORDINANCE NO.1792 ORDINANCE CALLING BOND ELECTION AND PROVIDING FOR ISSUANCE OF BONDS THE STATE OF TEXAS § COUNTIES OF HARRIS AND CHAMBERS § CITY OF BAYTOWN § WHEREAS,the City Council (the "City Council")deems it necessary to call the electionhereinafter described and,sub ject 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 onMay 27.1975;the polls shall be open for voting from 7:00 a.m.tz 7:00 p.m.at the following polling places in eachof 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 minutes,and the following are hereby appointed officers to conduct the election at each polling place,respectively: ELECTION PRECINCT 1;Boundaries same as County Election Precinct 12. Polling Place: ALAMOELEMENTARY SCHOOL Election Officers: Bill G.Rogers Presiding Judge C.C.Laughlin Alternate Presiding Judge Maximum number of clerks:2 ELECTION PRECINCT 2:Boundaries same as County Election Precinct 13. Polling Place: •DAVID G.BURNET ELEMENTARY SCHOOL Election Officers: Irving St.John Presiding Judge Mrs.Dorothy H.St.John Alternate Presiding Judge Maximum number of clerks:2 ELECTION PRECINCT 3:Boundaries same as County Election Precinct 28. Polling Place: PUMPHREY ELEMENTARY SCHOOL Election Officers: J.P.McChesney,Jr.Presiding Judge John L.Preddy Alternate Presiding Judge jp^Maximum number of clerks:2 ELECTION PRECINCT h:Boundaries same as County Election Precinct 99. Polling Place: DUTCH HOLLAND OLDSMOBILE Election Officers: Jack G.Hesver Presiding Judge I-1rs.Jack G.Hester Alternate Presiding Judge Maximum number of clerks:2 ELECTION PRECINCT 5:Boundaries same as County Election Precinct 100. Polling Place: ASHBEL SMITH ELEMENTARY SCHOOL Election Officers: W.0.Tidmon Presiding Judge Mrs.E.R.Rutledge Alternate Presiding Judge Maximum number of clerks:2 ELECTION PRECINCT 6:Boundaries same as County Election Precinct 101. Polling Place: HORACE MANN JUNIOR HIGH SCHOOL —2- Election Officers: James W.Thornton Presiding Judge Mrs.S.V.Rob'oerson Alternate Presiding Judge Maximum number of clerks:2 ELECTIONPRECINCT 7:Boundaries same as County Election Precinct 102. Polling Place: BAYTOWN JUNIOR HIGH SCHOOL Election Officers: Andres Contreras Presiding Judge J.W.Sprayberry AlternatePresiding Judge I-iaxinum number of clerks:2 ELECTION PRECINCT o:Boundaries same as County Election Precinct Polling Place: SAM JACINTO ELEMENTARY SCHOOL Election Officers: Mrs.Margie Kloesel Presiding Judge Mrs.E.G.3ov/en Alternate Presiding Judge Maximum number of clerks:2 ELECTION PRECINCT 9:Boundaries same as County Election Precinct 165. ^Polling Place: WILLIAM B.TRAVIS ELEMENTARY SCHOOL Election Officers: J.Rodger Read Presiding Judge Mrs.R.P.Triche,Jr.Alternate Presiding Judge Maximum number of clerks:2 ELECTION PRECINCT 10:Boundaries same as County Election Precinct 2'i8. Polling Place: CARVER-JONES ELEMENTARY SCHOOL -3- Election Officers: Mrs.Woodrow W.Lewis Presiding Judge Mrs.Johanna Wilson Alternate Presiding Judge Maximum number of clerks:2 ELECTION PRECINCT 11:Boundaries same as County Election Precinct Polling Place: JAMESBOWIE ELEMENTARY SCHOOL Election Officers: Wayne McClurg PresidingJudge Mrs.Wayne McClurg Alternate Presiding Judge Maximum number of clerks:2 ELECTIONPRECINCT 12:Boundaries same as County Election Precinct 396. Polling Place: STEPHEN ?.AUSTIN ELEMENTARY SCHOOL Election Officers: Mrs.Marion S.Boothe Presiding Judge Mrs.Claude Tompkins Alternate Presiding Judge Maximum number of clerks:2 ELECTIONPRECINCT 13:Boundaries same as County Election Precinct Polling Place: CEDARBAYOU JUNIOR HIGH SCHOOL Election Officers: Charles M.Albright Presiding Judge Robert L.Gold Alternate Presiding Judge Maximum number of clerks:2 Jody Lander,Mayor Pro Tern,is hereby designated as the member ofthe City Council to canvass the voting machine used in absentee voting,together with the Mayor and City Clerk as -U- provided for in Article 7.1*1,Section 7,of the Elect ten Code, V.A.C.S. 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. Mrs.Edna Oliver is hereby appointed as the clerk for absentee voting,and the: Office of the City Clerk CityHall Baytown,Texas 77520 is hereby designated as the place for absentee voting for said election.During zhe lawful absentee voting period said clerk shall keep said place for absent.ee voting open for absentee von ing from 8:0;a.m.to 5:00 p.m.on each dayexcept Saturdays, Sundays,and official stateholidays. By approving and signing this ordinance the Mayor of the City officially confirms his appointment of the aforesaid elec tion officers to serve at the election;and by adopting this ordinance the City Council approves and concurs in the appoint ment of the aforesaid election officers. Section 2.At said election the following PROPOSITIONS shall be submitted in accordance with law: PROPOSITION 1 SHALL,THE CITY COUNCIL OP THE CITY OF BAYTOWN,TEXAS (THE "CITY"),BE AUTHORIZED TO ISSUE THE BONDS OP THE CITY,IN ONE OR MORE SERIES OR ISSUES,IN THE AGGREGATE PRINCIPAL AMOUNT OP $2,300,000 WITH THE BONDS OF EACH SERIES OR ISSUE,RESPEC TIVELY,TO MATURE SERIALLY WITHIN NOT TO EXCEED '10 YEARS PROM THEIR DATE,ATANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DISCRETION OP THE CITY COUNCIL,FOR THE PURPOSE OF CON STRUCTING PERMANENT STREET IMPROVEMENTS FOR THE CITY,AND TO -5-• LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE 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 ASIT MATURES? PROPOSITION 2 SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS (THE "CITY"),BE AUTHORIZED TO ISSUE THEBONDS OF THE CITY,IN ONE OR MORE SERIES OR ISSUES,IN THE AGGREGATE PRINCIPAL"AMOUNT OF $650,000 WITH THE BONDS OF EACH SERIES OR ISSUE,RESPEC TIVELY,TO MATURE SERIALLY WITHIN NOT TO EXCEED JfO YEARS FROM THEIR DATE,AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL,FOR THE PURPOSE OF THE CONSTRUCTION AND IMPROVEMENT OF THE ROADS,BRIDGES,AND STREETS OF THE CITY,TO-WIT:SIGNALS FOR CONTROL OF TRAFFIC THEREON,AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS ASIT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS ASIT MATURES? PROPOSITION 3 SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS (THE "CITY"),BE AUTHORIZED TO ISSUETHE BONDS OF THE CITY,IN ONE OR MORE SERIES OR ISSUES,IN THE AGGREGATEPRINCIPAL AMOUNT OF $2,350,000 WITH THEBONDS OF EACH SERIES OR ISSUE,RESPEC TIVELY,TO MATURE SERIALLY WITHIN NOT TO EXCEED kO YEARS FROM THEIR DATE,AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL,FOR THE PURPOSE OF CON STRUCTING PERMANENT DRAINAGE IMPROVEMENTS FOR THE CITY,AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE 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? PROPOSITION Ij SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS (THE "CITY"),BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY,IN ONE OR MORE SERIES OR ISSUES,IN THE AGGREGATE PRINCIPAL AMOUNT OF $850,000 WITH THE BONDS OF EACH SERIES OR ISSUE,RESPEC TIVELY,TO MATURE SERIALLY WITHIN NOT TO EXCEED *J0 YEARS FROM THEIR DATE,AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THECITY COUNCIL,FOR THE PURPOSE OF CON STRUCTING IMPROVEMENTS TO THE CITY'S WATERWORKS SYSTEM,AND TO LEVY AN ANNUALTAX ON ALL TAXABLE PROPERTY WITHIN THE 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 ASIT MATURES? -6- proposition 5 shall the city council of the city of baytown,texas (the "city"),be authorized to issue the bonds of the city,in one or more series or issues,in the aggregate principal amount of $3,000,000 with the bonds of each series or issue,respec tively,to mature serially within not to exceed *»0 years from their date,at any price or prices and bearing interest at any rate or rates not to exceed the maximum interest rate now or hereafter authorized by law as shall be determined within the discretion of the city council,for the purpose of con structing improvements to the city's sanitary sewer system, and to levyan annual tax on all taxable property within the city sufficient topay the interest on said bonds asit accrues and to create and provide a sinking fund to pay the principal of said bonds asit matures? proposition 6 shall the city council of thecity of baytown,texas (the "city"),be authorized to issue the bonds of the city,in one or moreseries or issues,in the aggregate principal amount 0?31,300,000 with the bonds 0?each series or issue,respec tively,to mature serially withim mot to exceed 40 years from their date,at a""price or prices and bearing interest at amy rate or rate3 :;ct to exceed the maximum interest rate now of.hereafter authirized by lav/as shall be determined within the discretion c7 thecity ccvi.'cil,forthe purpose of pur chasing and/or i"?ec7ing lands for park purposes for the city, and to levy am a::::;;al tax on all taxablepropertywithin the city sufficient to pay the interest on said bonds asit accrues and to create and provide a sinking fund to pay the principal of said bonds as it matures? proposition 7 shall the city council of the city of baytown,texas (the "city"),be authorized to issue the bonds of the city,in one or more series or issues,in the aggregate principal amount of $1,095,000 with the bonds of each series or issue,respec tively,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 maximum interest rate now or hereafter authorized by law as shall be determined within the discretion of the city council,for the purpose of con structing and permanently equipping additions to the existing library building of the city,and to levyan annual tax on all taxable property within the 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 asit matures? proposition 8 shall the city council of the city of baytown,texas (the "city"),be authorized to issue the bonds of the city,in one —7 — OR MORE SERIES OR ISSUES,IN THE AGGREGATE PRINCIPAL AMOUNT OF $205,000WITH THE BONDS OP EACH SERIES OR ISSUE,RESPEC TIVELY,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 MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL,FORTHE PURPOSE OF CON STRUCTING AND PERMANENTLY EQUIPPING A MUSEUM BUILDING FOR THE CITY,AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE 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? PROPOSITION 9 SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS (THE "CITY"),BE AUTHORIZED TOISSUE THE BONDS OF THE CITY,IN ONE OR MORE SERIES OR ISSUES,IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,300,000 WITH THE BONDS OF EACH SERIES OR ISSUE,RESPEC TIVELY,TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE,AT ANY PRICE OR PRICES AND BEARING INTERESTAT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL,FORTHE PURPOSE OF PUR CHASING AND/OR IMPROVING LANDS FOR PARK PURPOSES,TO-WIT:A MUNICIPAL GOLF COURSE FOR THE CITY,AND TO LEVYAN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE 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 ASIT MATURES? Section 3.Voting machines shall be used for said elec tion,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 offi cial ballots in substantially the following form: OFFICIAL BALLOT PROPOSITION 1 C]FOR )THE ISSUANCE OF )$2,300,000 STREET []AGAINST )IMPROVEMENT BONDS -8- []FOR []AGAINST []FOR []AGAINST []FOR []AGAINST []FOR []AGAIICST []FOR []AGAINST []FOR []AGAINST []FOR []AGAINST []FOR []AGAINST PROPOSITION 2 )THE ISSUANCE OF $650,000 )TRAFFIC SIGNALSTREET )IMPROVEMENT BONDS PROPOSITION 3 )THE ISSUANCE OF $2,350,000 )DRAINAGE SYSTEM )IMPROVEMENT BONDS PROPOSITION k )THE ISSUANCE OF $850,000 )WATERWORKS SYSTEM )IMPROVEMENT BONDS PROPOSITION 5 )THE ISSUANCE OF $3,000,000 )SANITARY SEWER SYSTEM )IMPROVEMENT BONDS PROPOSITION 6 )THE ISSUANCE OF )$1,300,000 PARK )BONDS PROPOSITION 7 )THE ISSUANCE OF )$1,095,000 LIBRARY )BUILDING BONDS PROPOSITION 8 )THE ISSUANCE OF )$205,000 MUSEUM )BUILDING BONDS PROPOSITION 9 )THE .ISSUANCE OF )$1,300,000 GOLF )COURSE PARK BONDS Each elector using voting machines and desiring to vote in favor of a proposition shall move the voting pointer so as to indicate "FOR"the proposxtion,and each elector desiring to vote against a proposition shall move the voting pointer so -9- ] (^as to indicate "AGAINST"the proposition.Each absents elector 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 4.Itis hereby officiallyfound and determined that certain decisions of the Supreme Court of the United States of America may have created uncertainty asto the law ful manner of calling and conducting said election;therefore, jbss said election shall be called,held,and conducted as tivo separate but simultaneous elections,to-wit:one election at which only the resident,qualified electors of the City who own taxable property within the City and who have rendered the sarr.e 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 PROPOSI TIONS.The votes cast at each of said separate but simultaneous elections shall be recorded,returned,and canvassed separately. Section 5'Notice of the election shall be given by ^posting a substantial copy of this ordinance in a public place within the Cityand also at the City Hall not less than fifteen days prior to thedate set for the election,and by publication thereof on the same day in each of two successive weeks in a newspaperpublished in the City,the dateof the first publi cation to be not less than fourteen days prior to the date set for the election. Section 6.It is hereby officially found and determined that the probable period of usefulness of each of the projects f^described in the foregoing PROPOSITIOMS is forty years. -10- f (Section 7»Ml or any portion of the bonds described in the aforesaid PROPOSITIONS 1 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 ofthe bonds described in the aforesaid PROPOSITIONS 1 through 9 are outstanding and unpaid,the City Council shall compute and ascertain a rate ana amount of ad valorem tax which will be sufficient to rais*and produce the money re quired to pay z'r.~interest on t'r.-*bonds as such interest comes due and to proviii and maintain a sinking fund adequate to pay the principal of =-.oh 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 allow ance being made for tax delinquencies and the cost of tax collection.Saidrate and amount of ad valorem tax are hereby levied,and are hereby ordered to be levied,against alltax able property in the City for eachyear while any of said bonds or interest coupons appertaining thereto are outstanding 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 prescribed by l?w. -11- Section 9.This ordinance was read once bythe City Council and shall take effect immediately. Section 10.Itis hereby officially found and determined that the need of the City for such financing creates an emer gency and an urgentpublic necessity forthe holding,at the scheduled time,of the meeting of the City Council at which this ordinance is adopted and for the adoption of this ordi nance;and the NOTICE OF MEETING relating to said meeting and heretoforeposted bythe City Clerk,and the posting thereof, are hereby authorized,approved,adopted and ratified. PASSED AND APPROVED this30th day of April,1975- v>v ■_■■* ATTEST:Mayor V CITY OF BAYTOWN,TEXAS City Clerk CITY OFBAYTOWN,TEXAS (SEAL) APPROVED: City A/cto^Tey CITYOF BAYTOWN,TEXAS -12- ..J XMSflflA YOU WILL,THEREFORE,TAKE NOTICE of all matters and facts setout in the foregoing notice andordinance. City Clerk CITY OF BAYTOWN,TEXAS (SEAL)