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Ordinance No. 5,766910214 -1 ORDINANCE NO. 5766 • ORDINANCE CALLING BOND ELECTION THE STATE OF TEXAS § COUNTIES OF HARRIS AND CHAMBERS § CITY OF BAYTOWN § WHEREAS, the City Council of the City of Baytown, Texas (the "City ") deems it advisable to hold an election to ascertain whether the City Council shall be authorized to issue the bonds of the City for the purposes hereinafter stated; and WHEREAS, the City Council wishes to proceed with the ordering of such election; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1. An election shall be held in the City on the 4th day of May, 1991, which is not less than fifteen (15) days nor more than ninety (90) days from the date hereof, in which all resident, qualified electors of the City shall be entitled to vote, and the City Council hereby finds that holding the election on such date is in the public interest. The polls shall be open for voting at such election from 7:00 a.m. to 7:00 p.m. at the following polling places in each of the following precincts hereby established, and the following are hereby appointed officers to conduct the election at each polling place, respectively: ELECTION PRECINCT 12: Boundaries same as Harris County Election Precinct 12. Pollin Place: YMCA 201 Wye Drive Election Officers: Ken Donovan Presiding Judge Marge Hartrick Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 13: Boundaries same as Harris County Election Precinct 13. Polling Place: Westminster Presbyterian Church 7600 Bayway �J 910214 -1a Election Officers: Al Rieck Presiding Judge Blanche Rieck Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 28: Boundaries same as Harris County Election Precinct 28. Polling Place Jessie Lee Pumphrey Elementary School 4901 Fairway Drive Election Officers: Joanne York Presiding Judge John Priddy Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 99: Boundaries same as Harris County Election Precinct 99. Polling Place: Lamar Elementary School 816 North Pruett Election Officers: Gerald Dickens Presiding Judge H. H. Nitschmann Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 100: Boundaries same as Harris County Election Precinct 100. Polling Place: Ashbel Smith Elementary School 403 East James St. Election Officers: Steve Fischer Presiding Judge Kathy Fischer Alternate Presiding Judge Maximum number of clerks: 2 n U 910214 -1b • ELECTION PRECINCT 101,: Boundaries same as Harris County Election Precinct 101. Polling Place: Horace Mann Junior High School (Library) 610 S. Pruett Election Officers: Lou Venia Robberson Presiding Judge S. V. Robberson Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 102: Boundaries same as Harris County Election Precinct 102. Polling Place: DeZavala School Building 3010 Oakwood Street Election Officers: Dorothy Shields Presiding Judge Elida Santana Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 149: Boundaries same as Harris County Election Precinct 149. Polling Place: San Jacinto Elementary School 2615 Virginia Election Officers: Margie Kloesel Presiding Judge Clara Marti Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 165: Boundaries same as Harris County Election Precinct 165. Polling Place: William B. Travis Elementary School . 100 Robin Road CJ 910214 --1c i Election Officers: Troy Peterson Presiding Judge Ruby Peterson Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 248: Boundaries same as Harris County Election Precinct 248. Polling Place: G. W. Carver Elementary School Carver at Lee Dr. Election Officers: Atriss Lewis Presiding Judge Willene Rideau Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 249: Boundaries same as Harris County Election Precinct 249. Pollin Place: Redeemer Lutheran Church 1200 E. Lobit Election Officers: Philip D. Prater Presiding Judge Josephine Kennedy Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 386: Boundaries same as Harris County Election Precinct 386 and chambers County Election Precincts 5 and 11. Polling Place: Stephen F. Austin Elementary School 3022 E. Massey Tompkin Road Election Officers: M. L. Riddick Presiding Judge Wanda Jackson Alternate Presiding Judge Maximum number of clerks: 2 910214 -1d 0 ELECTION PRECINCT 414: Boundaries same as Harris County Election Precinct 414. Polling Place: Cedar Bayou Junior High School 2500 Cedar Bayou Rd. Election Officers: James O. Manley Presiding Judge Betty Albright Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 456: Boundaries same as Harris County Election Precincts 456 and 96. Pollin Place: Harris County Courthouse No. 8 701 W. Baker Rd. Election Officers: Ed Frazier Presiding Judge Ann Frazier Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 532: Boundaries same as Harris County Election Precinct 532. Polling Place: James Bowie Elementary School 2200 Clayton St. Election Officers: Ruben DeHoyos Presiding Judge Ruby Griffin Alternate Presiding Judge Maximum number of clerks: 2 ELECTION PRECINCT 533: Boundaries same as Harris County Election Precinct 533. Polling Place: Alamo Elementary School 1801 Austin 0 n U 910214 -1e Election Officers: Bambi Rios Presiding Judge Jeanette Isaacks Alternate Presiding Judge Maximum number of clerks: 2 Section Z. At the election the following PROPOSITIONS shall be submitted in accordance with law: PROPOSITION NO. ONE SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $3,000,000, MATURING SERIALLY OR OTHERWISE WITHIN FORTY (40) YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH 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 AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF THE PURCHASE OF LAND FOR AND CONSTRUCTION OF A PUBLIC WORKS MAINTENANCE FACILITY FOR THE CITY, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? PROPOSITION NO. TWO SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $5,200,000, MATURING SERIALLY OR OTHERWISE WITHIN FORTY (40) YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH 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 AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF CONSTRUCTING, IMPROVING, AND PERMANENTLY EQUIPPING PUBLIC BUILDINGS FOR THE CITY, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? PROPOSITION NO. THREE SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $4,700,000, MATURING SERIALLY OR OTHERWISE WITHIN FORTY (40) YEARS FROM THEIR DATE OR DATES, ..AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR • 910214 -1f HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS IN AND FOR THE CITY, TO WIT: A CITY PUBLIC MARINA, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? PROPOSITION NO. FOUR SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $1,800,000, MATURING SERIALLY OR OTHERWISE WITHIN FORTY (40) YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH 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 AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF IMPROVING LANDS IN THE CITY FOR PARK PURPOSES, INCLUDING IMPROVEMENTS ALONG GOOSE CREEK STREAM, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? PROPOSITION NO. FIVE SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $12,700,000, MATURING SERIALLY OR OTHERWISE WITHIN FORTY (40) YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH 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 AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF THE CONSTRUCTION AND IMPROVEMENTS OF CITY STREETS, INCLUDING SIDEWALKS AND TRAFFIC CONTROL DEVICES, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? PROPOSITION NO. SIX SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSU9 AND SELL AT ANY PRICE OR PRICES THE REVENUE BONDS OF SAID CITY IN THE AMOUNT OF $6,450,000, MATURING SERIALLY OR OTHERWISE WITHIN FORTY (40) YEARS 910214 -ig FROM THEIR DATE OR DATES, 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 SAID CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF IMPROVING AND EXTENDING THE CITY'S WATERWORKS SYSTEM, AND TO SECURE THE PAYMENT OF THE INTEREST ON SAID BONDS AS IT ACCRUES AND THE PRINCIPAL OF SAID BONDS AS IT MATURES BY PLEDGING THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS AND SANITARY SEWER SYSTEM, IN THE MANNER PROVIDED BY ARTICLES 1111 TO 1118, BOTH INCLUSIVE, V.T.C.S., AS AMENDED; EACH BOND TO BE CONDITIONED THAT THE OWNER THEREOF SHALL NEVER HAVE THE RIGHT TO DEMAND PAYMENT OF SAID OBLIGATION OUT OF ANY FUNDS RAISED OR.TO BE RAISED BY TAXATION; PROVIDED, IF THE CITY COUNCIL IS AUTHORIZED TO ISSUE THE BONDS COVERED BY THIS PROPOSITION AND ALSO THE BONDS COVERED BY PROPOSITION NO. SEVEN, THEN THE CITY COUNCIL MAY COMBINE SUCH AUTHORIZED BONDS INTO ONE ISSUE OF BONDS? PROPOSITION NO. SEVEN SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE REVENUE BONDS OF SAID CITY IN THE AMOUNT OF $19,150,000, MATURING SERIALLY OR OTHERWISE WITHIN FORTY (40) YEARS FROM THEIR DATE OR DATES, 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 SAID CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF IMPROVING AND EXTENDING THE CITY'S SANITARY SEWER SYSTEM, AND TO SECURE THE PAYMENT OF THE INTEREST ON SAID BONDS AS IT ACCRUES AND THE PRINCIPAL OF SAID BONDS AS IT MATURES BY PLEDGING THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS AND SANITARY SEWER SYSTEM, IN THE MANNER PROVIDED BY ARTICLES 1111 TO 1118, BOTH INCLUSIVE, V.T.C.S., AS AMENDED; EACH BOND TO BE CONDITIONED THAT THE OWNER THEREOF SHALL NEVER HAVE THE RIGHT TO DEMAND PAYMENT OF SAID OBLIGATION OUT OF ANY FUNDS RAISED OR TO BE RAISED BY TAXATION; PROVIDED, IF THE CITY COUNCIL IS AUTHORIZED TO ISSUE THE BONDS COVERED BY THIS PROPOSITION AND ALSO THE BONDS COVERED BY PROPOSITION NO. SIX, THEN THE CITY COUNCIL MAY COMBINE SUCH AUTHORIZED BONDS INTO ONE ISSUE OF BONDS? Section 3. An electronic voting system, as defined and described by Title 8, Texas Election Code, shall be used for said election, and the following are hereby appointed officers of said • election to serve at-the Central Counting Station: 0 910214 -1h Manager of the Central Counting Station: Eileen P. Hall Tabulation Supervisor: Eileen P. Hall Presiding Judge for the Central Counting Station: Mary E. Wilbanks The Manager and Presiding Judge of the Central Counting Station may appoint clerks to serve at the Central Counting Station. The official ballot cards and ballot labels, respectively, 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 such ballot cards and ballot labels in substantially the following form: OFFICIAL BALLOT PROPOSITION NO. ONE [ ] FOR ) THE ISSUANCE OF $3,000,000 PUBLIC [ ] AGAINST ) WORKS MAINTENANCE FACILITY BONDS PROPOSITION NO. TWO [ ] FOR ) THE ISSUANCE OF $5,200,000 PUBLIC [ ] AGAINST ) BUILDING BONDS PROPOSITION NO. THREE [ ] FOR ) THE ISSUANCE OF $4,700,000 [ ] AGAINST ) PUBLIC MARINA BONDS PROPOSITION NO. FOUR [ ] FOR ) THE ISSUANCE OF $1,800,000 GOOSE CREEK [ ] AGAINST ) STREAM AND PARK IMPROVEMENT BONDS PROPOSITION NO. FIVE [ ] FOR ) THE ISSUANCE OF $12,700,000 STREET [ ] AGAINST ) IMPROVEMENT BONDS • 0 910214 -1i PROPOSITION NO. SIX [ ] FOR } THE ISSUANCE OF $6,450,000 [ ] AGAINST } WATERWORKS SYSTEM REVENUE BONDS PROPOSITION NO. SEVEN [ ] FOR ) THE ISSUANCE OF $19,150,000 [ ] AGAINST ) SANITARY SEWER SYSTEM REVENUE BONDS Absentee voting shall be conducted by the City Clerk, Eileen P. Hall, and the: Council Chambers City Hall Baytown, TX 77520 is hereby designated as the place for absentee voting for said election. The City Clerk shall keep the place for absentee voting open for absentee voting from 8:00 a.m. to 5:00 p.m. on each day except Saturdays, Sundays, and official State holidays, during the period for absentee voting by personal appearance, which shall begin on April 15, 1991, and end on April 30, 1991. Rayborn Johnson is hereby appointed as Presiding Judge of the Absentee Ballot Board for canvassing the absentee ballots for this election. Section 4. Notice of such election shall be given by posting a substantial copy of this election ordinance, in English and Spanish, at the City Hall and at three other places in the City, not less than 15 days nor more than 30 days prior to the date set for the election; and a substantial copy of this election ordinance, in English and Spanish, also shall be published on the same day in each of two successive weeks in a newspaper of general circulation published in the City, the date of the first publication to be not more than 30 days and not less than 15 days prior to the date set for the election. Section 5. In all matters relating to the ordering, giving notice, and holding the election, the City shall comply with the applicable parts of the Texas Election Code, including particularly Chapter 272 of the Texas Election Code pertaining to bilingual requirements and the Federal Voting Rights Act of 1965, as amended. Section 6. It is hereby officially found and determined that notice of the meeting at which this ordinance is adopted was given as required by the Open Meetings Act, Article 6252 -17, Vernon's Texas Civil Statutes -, and that such meeting has been open to the public at all times when this ordinance was discussed and acted on. 1 910214 -1j • Section 7. This ordinance shall take effect immediately upon adoption. PASSED AND APPROVED the 14th day of February, 1991. ATTEST: City Clerk CITY OF BAYTOWN, TEXAS (SEAL) 49 (I Ma or CITY OF BAYTOWN, TEXAS