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Ordinance No. 3,14210514 -2 ORDINANCE NO. 3142 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 election hereinafter 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 (the "City ") on June 9, 1981, 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: ELECTION PRECINCT 1: Boundaries same as County Election Precinct 12. Polling Place: ALAMO ELEMENTARY SCHOOL Election Officers: Ken Donovan Presiding Judge Monte G'Sell Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 2: Boundaries same as County Election Precinct 13. Polling Place: THE BOY SCOUT HOUSE 6106 Bayway Drive (behind Wooster Fire Station) 10514 -2 NOTICE OF BOND ELECTION TO THE RESIDENT, QUALIFIED ELECTORS OF THE CITY OF BAYTOWN, TEXAS: NOTICE IS HEREBY GIVEN that an election will be held in the CITY OF BAYTOWN, TEXAS, on the 9th day of June, 1981, in accordance with the following ordinance: 10514 -2a Election Officers: R. L. Rieck Presiding Judge Blanche Rieck Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 3: Composed of all of the territory con- tained in County Election Precincts 28 and 96, respectively, and which lies within the City. Polling Place: PUMPHREY ELEMENTARY SCHOOL Election Officers: J. F. McChesney, Jr. Presiding Judge John L. Priddy Alternate Presiding Judge Maximum number of clerks: 4 ELECTION PRECINCT 4: Boundaries same as County Election Precinct 99. Polling Place: LA2%1AR ELEMENTARY SCHOOL Election Officers: Gerald E. Dickens Presiding Judge 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 Ri ar,t i nn of ficers : W. 0. Tidmon Presiding Judge Grace Tidmon Alternate Presiding Judge Maximum number of clerks: 4 ELECTION PRECINCT 6: Boundaries same as County Election Precinct 101. Polling Place: HORACE MANN JUNIOR HIGH SCHOOL Plrar -+-inn nffirPrS! Lou Venia Robberson Presiding Judge S. V. Robberson Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 7: Boundaries same as County Election Precinct 102. Polling Place: BAYTOWN EMPLOYEES FEDERATION BUILDING 3607 Market Street -2- 0514 -2b Election Officers: Andres A. Contreras Presiding Judge Marie Garner Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 8: Boundaries same as County Election Precinct 149. Polling Place: SAN JACINTO ELEMENTARY SCHOOL P.1 anf i nn officers: Clara Marti Presiding Judge Elodia Alaniz 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: Troy E. Peterson Presiding Judge Mary Hiebert Alternate Presiding Judge Maximum number of clerks: 4 ELECTION PRECINCT 10: Boundaries same as County Election Precinct 248. Polling Place: CARVER -JONES ELEMENTARY SCHOOL F.1Prtinn Officers: Artiss Lewis Presiding Judge Johanna Wilson Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 11: Boundaries same as County Election Precinct 249. Polling Place: JAMES BOWIE ELEMENTARY SCHOOL Election Officers: Wilyne F. Laughlin Presiding Judge Ronald D. McLeod Alternate Presiding Judge Maximum number of clerks: 4 ELECTION PRECINCT 12: Boundaries same as County Election Precinct 386. Polling Place: STEPHEN F. AUSTIN ELEMENTARY SCHOOL -3- 10514 -2c Election Officers: Dickson E. Hamiter Presiding Judge Mrs. Henry r1. Hunt Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 13: Boundaries same as County Election Precinct 414. Polling Place: CEDAR BAYOU JUNIOR HIGH SCHOOL Election Officers: Charles M. Albright Presiding Judge Mrs. Charles M. Albright Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 14: Boundaries same as County Election Precinct 456. Polling Place: HARRIS COUNTY COURTHOUSE ANNEX Election Officers: Jana Rothwell Presiding Judge Lupe Mata Alternate Presiding Judge Maximum number of clerks: 2 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 -4- 10514 -2d an official State holiday; provided, however, except as autho- rized 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. 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 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 $3,540,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPEC- TIVELY, TO MATURE SERIALLY OR OTHERWISE 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 IN- TEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, PROVIDED THAT SUCH INTEREST RATE OR RATES ON ANY SERIES OR ISSUE OF SAID BONDS SHALL NOT EXCEED THE MAXIMUM LEGAL LIMIT IN EFFECT AT THE TIME OF ISSUANCE OF EACH SUCH SERIES OR ISSUE, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS TO THE CITY'S WATERWORKS SYSTEM, 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 2 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 $6,340,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPEC- TIVELY, TO MATURE SERIALLY OR OTHERWISE 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 IN- TEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, PROVIDED THAT SUCH INTEREST RATE OR RATES ON ANY SERIES OR ISSUE OF SAID BONDS SHALL NOT EXCEED THE MAXIMUM LEGAL LIMIT IN EFFECT AT THE TIME OF ISSUANCE OF EACH SUCH SERIES OR ISSUE, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS TO THE CITY'S SANITARY 1."Z 105 14-2o SEWER SYSTEM, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROP- ERTY 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 3 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 $4,000,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPEC- TIVELY, TO MATURE SERIALLY OR OTHERWISE 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 IN- TEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, PROVIDED THAT SUCH INTEREST RATE OR RATES ON ANY SERIES OR ISSUE OF SAID BONDS SHALL NOT EXCEED THE MAXIMUM LEGAL LIMIT IN EFFECT AT THE TIME OF ISSUANCE OF EACH SUCH SERIES OR ISSUE, FOR THE PURPOSE OF CONSTRUCTING 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 4 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 $4,940,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPEC- TIVELY, TO MATURE SERIALLY OR OTHERWISE 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 IN- TEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, PROVIDED THAT SUCH INTEREST RATE OR RATES ON ANY SERIES OR ISSUE OF SAID BONDS SHALL NOT EXCEED THE MAXIMUM LEGAL LIMIT IN EFFECT AT THE TIME OF ISSUANCE OF EACH SUCH SERIES OR ISSUE, FOR THE PURPOSE OF CONSTRUCTING PERMANENT STREET 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 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 $2,180,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPEC- TIVELY, TO MATURE SERIALLY OR OTHERWISE 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 IN- TEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, PROVIDED THAT SUCH INTEREST RATE OR RATES ON ANY SERIES OR ISSUE OF SAID BONDS SHALL NOT EXCEED THE MAXIMUM LEGAL LIMIT IN EFFECT AT THE TIME OF ISSUANCE OF EACH SUCH SERIES OR ISSUE, FOR THE PURPOSE OF CONSTRUCTING AND PERMANENTLY EQUIPPING FIRE STATION BUILDINGS FOR THE CITY, AND TO LEVY AN ANNUAL TAX ON ALL TAX- ABLE 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? I. 10514 -2f 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: OFFICIAL BALLOT PROPOSITION 1 [ ] FOR ) THE ISSUANCE OF $3,540,000 [ ] AGAINST } - -- WATERWORKS SYSTEM IMPROVEMENT BONDS PROPOSITION 2 [ ] FOR ) THE ISSUANCE OF $6,340,000 [ ] AGAINST ) - -- SANITARY SEWER SYSTEM IMPROVEMENT BONDS PROPOSITION 3 [ ] FOR ) THE ISSUANCE OF $4,000,000 [ ] AGAINST ) - -- DRAINAGE IMPROVEMENT BONDS PROPOSITION 4 [ ] FOR } THE ISSUANCE OF $4,940,000 [ ] AGAINST ) - -- STREET IMPROVEMENT BONDS PROPOSITION 5 [ ] FOR ) THE ISSUANCE OF $2,180,000 [ ] AGAINST } - -- FIRE STATION BONDS PROPOSITION 6 [ ] FOR ) THE ISSUANCE OF $410,000 [ ] AGAINST ) - -- CITY HALL IMPROVEMENT BONDS PROPOSITION 7 [ ] FOR ) THE ISSUANCE OF $2,290,000 [ ] AGAINST ) - -- PARK BONDS PROPOSITION 8 [ ] FOR ) THE ISSUANCE OF $300,000 [ ] AGAINST ) - -- MUSEUM BUILDING 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 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 MM. 10514 -2g 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. Notice of such election shall be given by posting a substantial copy of this ordinance at three (3) public places in the City and also at the City Hall not less than fifteen (15) days prior to the date set for the election, and by publication thereof on the same day in each of two (2) suc- cessive weeks in a newspaper of general circulation published within the City, the date of the first publication to be not less than fourteen (14) 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 each of the projects described in the foregoing PROPOSITIONS is forty years. Section 6. All or any portion of the bonds described in the aforesaid PROPOSITIONS 1 through 8, 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 aforesaid PROPOSITIONS 1 through ,8 is hereby authorized subject to approval at the election as hereinabove set out; and, sub- ject to said approval at the election and during each year while any of the bonds described in the aforesaid PROPOSITIONS 1 through 8 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 sinking fund adequate to pay the prin- cipal of such bonds as such principal matures but never less than 20 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 105E4-2h 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 8. 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 emer- gency 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 ordi- nance; 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 14th day of May, 1981. ATTEST: C&Y-0 r CITY OF BAYTOWN, TEXAS City Clerk CITY OF BAYTOWN, TEXAS APPROVED: (SEAL) City Attorney CITY OF BAYTOWN, TEX -10- 10514 -2i 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)