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Ordinance No. 2,764K] 11", 1120 -1 ORDINANCE NO. 2764 ORDINANCE CALLING BOND ELECTION AND PROVIDING FOR ISSUANCE OF BONDS THE STATE OF TEXAS 0 COUNTIES OF HARRIS AND CHAMBERS 0 CITY OF BAYTOWN 0 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 (the "City ") on January 8, 1980, in which all resident, qualified electors of the City shall be entitled to vote; the polls shall be open for voting from 7:00 a.m. to 7:00 p.m. at the following polling 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 minutes, and the following are hereby appointed officers to conduct the election at each polling place, respectively: PRECINCT NO. POLLING PLACE OFFICIALS No. 12' Alamo Elementary No. 13 David G. Burnet Elementary No. 28 and Pumphrey Elementary a portion of No. 96 Bill G. Rogers Judge & Presiding Officer C. C. Laughlin Alternate Judge Irving St. John Judge & Presiding Officer Mrs. Dorothy St. John Alternate Judge J. F. McChesney, Jr. Judge & Presiding Officer John L. Priddy Alternate Judge No. 99 Dutch Holland Jack G. Hester Oldsmobile Judge & Presiding Officer Mrs. Jack G. Hester Alternate Judge 91120 -1a ® No. 100 Ashbel Smith W. O. Tidmon Elementary Judge & Presiding Officer Mrs. W. O. Tidmon Alternate Judge No. 101 Horace Mann Junior Mrs. S. V. Robberson Judge & Presiding Officer Mrs. G. E. Dabne Alternate Judge No. 102 Baytown Junior Andres Contreras Judge & Presiding Officer Mrs. J. W. Sprayberry ® Alternate Judge No. 149 San Jacinto Mrs. Marjie Kloesel Elementary Judge & Presiding Officer Mrs. Fred Marti, Sr. Alternate Judge No. 165 Travis Elementary J. Rodger Read Judge & Presiding Officer Troy E. Peterson Alternate Judge No. 248 Carver -Jones Mrs. Woodrow W. Lewis Elementary Judge & Presiding Officer Mrs. Johanna Wilson Alternate Judge No. 249 James Bowie Elementary Wayne McClurg Judge & Presiding Officer Mr.s..':.-= Wa.yn: -i'_ McClurg Alternate Judge No. 386 Stephen F. Austin Dickson.Hamiter Elementary Judge & Presiding Officer -2- Mrs. Henry Hunt Alternate Judge V r 1120 -1b No. 414 Cedar Bayou Junior Charles M. Albright Judge & Presiding Officer No. 456 Harris County Courthouse Annex Mrs. Charles M. Albright Alternate Judge Joy. A. Ralls Judge & Presiding Officer Sandra Northcutt Alternate Judge Allen Cannon is hereby designated as the member of the City Council to canvass the voting machine used in absentee voting, together with the Mayor and City Clerk as provided for in Article 7.14, Section 7, of the Election Code, V.A.T.C.S., as amended. 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. Eileen P. Hall is hereby appointed as the clerk for absentee voting, and the: Office of the City Clerk City Hall Baytown, Texas 77520 is hereby designated as the place for absentee voting for said election. Said clerk shall keep said.office open for at-least eight (8) hours, that is, from 8:00 a.m.. to 5:00 p.m., on each day for absentee voting which is not a Saturday, a Sunday, or an official State holiday; provided, however, except as authorized by Article 5.05, Subdivisions 3d and 3e, Texas Election Code, said clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall she permit anyone to vote absentee by personal appearance at any time when such office is not open to the public. -3- ® 120 -1c ® 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. Section 2: At said election the following PROPOSITION shall be submitted in accordance with law:. PROPOSITION 1 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 $7,600,000 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 MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITH THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF ACQUIRING LAND FOR PARK PURPOSES, SAID LAND TO BE ACQUIRED FROM THE UNITED STATES OF AMERICA PURSUANT TO THE "CORPS OF ENGINEERS OF THE UNITED STATES BAYTOWN, TEXAS, PROJECT ",. 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? 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 PROPOSITION, which shall be set forth on all official ballots in substantially the following form: OFFICIAL BALLOT PROPOSITION 1 THE ISSUANCE OF $7,600,000 PARK BONDS (PARK LAND TO ( ) FOR ) BE ACQUIRED FROM THE UNITED STATES OF AMERICA PURSUANT AGAINST TO THE " COR PS OF ENGINEERS OF THE U. S. BAYTOWN TEXAS PROJECT ") sE 91120 -1d Each elector using voting machines and desiring to vote in ® favor of the proposition shall move the voting pointer so as to indicate "FOR" the proposition, and each elector desiring to vote against the proposition shall move the voting pointer so as to indicate "AGAINST" the proposition. Each absentee elector using a paper ballot shall vote on the 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: Notice of such election shall be given by posting a substantial copy of this ordinance in a public ® place within each election precinct of the City and also at the City Hall not less than fifteen days prior to the date set for the election, and by publication thereof on the same day in each of two successive weeks in a newspaper of general circulation in the City, the date of the first publication to be not less than fourteen days prior to the date set for the election. Section 5: It is hereby officially found and determined that the probable period of usefulness of the project described in the PROPOSITION is forty years. Section 6: All or any portion of the bonds described ® in the PROPOSITION, the issuance of which is approved at the election, may be combined and issued as one or more issues or series of bonds. Section 7: The issuance of the bonds described in.the PROPOSITION is hereby authorized subject 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 PROPOSITION 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 the bonds as such interest comes due and to provide and maintain a -5- 91120 -1e 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 taxable property in the City for each year 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 limits prescribed by law. Section S: Said election shall be held in accordance with the Texas Election Code, except as modified by the Federal Voting Rights Act of 1965, as amended. Section 9: This ordinance was read once by the City Council and shall take effect immediately. Section 10: It is hereby officially found and determined 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, and ratified. PASSED AND APPROVED this 20th day of November—, 1979. ATTEST I,dMETT 0. HUTTO, Mayor EILEEN'P. HALL, City Clerk APPROVED: OTT BOUNDS, City Attorney -6-