Ordinance No. 2,764K]
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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
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® 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
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Mrs. Henry Hunt
Alternate Judge
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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.
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® 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 ")
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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
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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-