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Ordinance No. 9,11120010208­8 4 _ ORDINANCE NO. 9111 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF MAY, 2001, FOR THE PURPOSES OF ELECTING THREE COUNCILMEMBERS FROM DISTRICT NOS. ONE, TWO AND THREE; ORDERING A SPECIAL ELECTION FOR THE PURPOSE OF VOTING FOR OR AGAINST PROPOSITION 1: THE ISSUANCE OF $2,090,000 BONDS FOR INFORMATION TECHNOLOGY AND EQUIPMENT; PROPOSITION 2: THE ISSUANCE OF $2,175,000 BONDS FOR FIRE FIGHTING FACILITIES AND EQUIPMENT; PROPOSITION 3: THE ISSUANCE OF $1,250,000 COMMUNITY CENTER IMPROVEMENT BONDS; PROPOSITION 4: THE ISSUANCE OF $20,375,000 STREET IMPROVEMENT BONDS; PROPOSITION 5: THE ISSUANCE OF $3,250,000 DRAINAGE IMPROVEMENT BONDS; AND PROPOSITION 6: THE ISSUANCE OF $350,000 PARK IMPROVEMENT BONDS; DEFINING THE BOUNDARIES OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT; ORDERING A SPECIAL ELECTION FOR THE PURPOSE OF VOTING FOR OR AGAINST THE CREATION OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AND THE IMPOSITION OF A SALES AND USE TAX AT THE RATE OF ONE -HALF OF ONE PERCENT FOR THE PURPOSE OF FINANCING DEVELOPMENT PROJECTS BENEFICIAL TO THE DISTRICT; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY BALLOT BOARD FOR EARLY BALLOTS; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. WHEREAS, pursuant to Article II, Section 12 of the Charter of the City of Baytown, Texas, Ordinance No. 6046, the Texas Election Code and the Order of the Court in Campos, et al. v. City of Baytown, et al., providing for the manner of election and the term of office of the members of the City Council of the City of Baytown, the City Council herein calls its municipal election and two special elections to be held on the 5th day of May, 2001; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the regular municipal election of the City of Baytown, as prescribed in Article II, Section 12 of the Charter :of the City of Baytown and pursuant to Sections 41.001 and 41.031 of the Texas Election Code, shall be held between the hours of seven o'clock a.m. and seven o'clock p.m. on the 5th day of May, 2001, in the City of Baytown, Texas, for the purpose of electing the following members of the City Council: Councilmember from District No. One; Councilmember from District No. Two; and Councilmember from District No. Three. Section 2: That one Councilmember shall be elected from each of the following Election Districts: 20010208— 8a ® District No. One, District No. Two, and District No. Three, by a majority vote, that said districts are as established, defined and outlined in Ordinance No. 6046 and subsequent ordinances adding newly annexed territories to the proper council districts. Each Councilmember elected from a district shall be a bona fide resident of the district to be represented. Section 3: That the qualifications of the members of the City Council shall be as follows: OFFICE QUALIFICATIONS • shall be a citizen of the United States of America; • shall be a qualified voter of the State of Texas; Councilmember . shall have resided for at least six months next preceding the election within the district from which he was elected; and • shall meet such other requirements as set forth in Chapter 141 of the Texas Election Code. Section 4: That any eligible and qualified person may have his name printed upon the official ballot as an independent candidate for the office of Councilmember from his respective district by filing a sworn application with the Mayor of the City of Baytown no later than March 21, 2001. The form of the sworn application for the candidates for the office of Councilmember shall be as set forth by Section 141.031 of the Texas Election Code. Section 5: That the form of the ballot for said election shall be substantially as follows: OFFICIAL BALLOT FOR COUNCILMEMBER DISTRICT NO. (Appropriate District No. to be completed for each ballot) Section 6: That any person eligible for the office of Councilmember who has filed his own sworn application in accordance with the provisions of this ordinance shall have his name printed on the official ballot. Any such person may cause his name to be withdrawn at anytime before the official ballots are actually printed by filing, in writing, with the Mayor, a request to that effect over his own signature, duly attested to by a Notary Public. No names so withdrawn shall be printed on the ballot. No later than seventeen (17) days before the date of the election, the City Clerk shall have the official ballot printed. Section 7: That a special election, pursuant to Sections 41.001 and 41.031 of the Texas Election Code, shall be held between the hours of seven o'clock a.m. and seven o'clock p.m. on the 5th day of May, 2001, in the City of Baytown, Texas, for the purpose of considering the following propositions: • 2 2001020.8 - 8b ® PROPOSITION NO. 1 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 $2,090,000, MATURING SERIALLY OR OTHERWISE WITHIN 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 REHABILITATING THE CITY'S EXISTING AND ACQUIRING NEW COMMUNICATIONS EQUIPMENT, 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. 2 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 $2,175,000, MATURING SERIALLY OR OTHERWISE WITHIN 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 ACQUIRING AND CONSTRUCTING FIRE FIGHTING FACILITIES AND EQUIPMENT, 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. 3 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 $1,250,000, MATURING SERIALLY OR OTHERWISE WITHIN 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 OF COMMUNITY CENTER IMPROVEMENTS, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE 3 ® INTEREST ON SINKING FUND MATURES? 20010208 -8c THE BONDS AS IT ACCRUES AND TO CREATE A TO PAY THE PRINCIPAL OF THE BONDS AS IT PROPOSITION NO. 4 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 $20,375,000, MATURING SERIALLY OR OTHERWISE WITHIN 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 OF STREET IMPROVEMENTS, 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. 5 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 $3,250,000, MATURING SERIALLY OR OTHERWISE WITHIN 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 ACQUISITION AND CONSTRUCTION OF DRAINAGE IMPROVEMENTS, INCLUDING THE PURCHASE OF LAND FOR REGIONAL DETENTION FACILITIES, 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. 6 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 $350,000, MATURING SERIALLY OR OTHERWISE WITHIN 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 n 20010208 -' 8d ® THE PURPOSE OF THE ACQUISITION AND CONSTRUCTION OF ADDITIONS AND IMPROVEMENTS TO THE CITY'S PARKS AND RECREATIONAL FACILITIES, 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? Section 8: That each of the propositions specified in Section 7 hereof shall be presented to the City at large and the propositions shall be submitted in accordance with law. Section 9: That the form of the ballot for this special election shall be substantially as follows: OFFICIAL BALLOT [ ] FOR PROPOSITION NO. 1 THE ISSUANCE OF $2,090,000 BONDS FOR [ ] AGAINST INFORMATION TECHNOLOGY AND EQUIPMENT [ ] FOR PROPOSITION NO. 2 THE ISSUANCE OF $2,175,000 BONDS FOR FIRE [ ] AGAINST FIGHTING FACILITIES AND EQUIPMENT [ ] FOR PROPOSITION NO. 3 THE ISSUANCE OF $1,250,000 COMMUNITY [ ] AGAINST CENTER IMPROVEMENT BONDS [ ] FOR PROPOSITION NO. 4 THE ISSUANCE OF $20,375,000 STREET [ ] AGAINST IMPROVEMENT BONDS [ ] FOR PROPOSITION NO. 5 THE ISSUANCE OF $3,250,000 DRAINAGE [ ] AGAINST IMPROVEMENT BONDS [ ] FOR PROPOSITION NO. 6 THE ISSUANCE OF $350,000 PARK [ ] AGAINST IMPROVEMENT BONDS Section 10: That the City Council hereby defines the boundaries of the Baytown Municipal Development District as being that portion of the City of Baytown, Texas, which lies within Harris County, Texas. The boundaries of the Baytown Municipal Development District shall conform automatically to any change in the boundaries of the City of Baytown within Harris County, Texas. 5 20010208 -8e ® Section 11: That a special election, pursuant to Sections 41.001 and 41.031 of the Texas Election Code, shall be held between the hours of seven o'clock a.m. and seven o'clock p.m. on the 5t" day of May, 2001, within the boundaries of the Baytown Municipal Development District as defined in Section 7 hereof for the purpose of considering the creation of the Baytown Municipal Development District and the imposition of a sales and use tax at the rate of one -half of one percent for the purpose of financing development projects beneficial to the district. Section 12: That the creation of the Baytown Municipal Development District and the imposition of the one -half of one percent sales and use tax shall be presented to the District at large; and if a majority of the votes cast at the special election favor the creation of the district, the district is thereby created. Section 13: That the form of the ballot for this special election shall be substantially as follows: OFFICIAL BALLOT PROPOSITION NO. 7 AUTHORIZING THE CREATION OF THE [ ] FOR BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AND THE IMPOSITION OF A SALES [ ] AGAINST AND USE TAX AT THE RATE OF ONE -HALF OF ONE PERCENT FOR THE PURPOSE OF FINANCING DEVELOPMENT PROJECTS BENEFICIAL TO THE DISTRICT. Section 14: That the City is hereby divided into Election Precincts, having the following polling places for the purpose of the elections ordered herein: PRECINCT' NO. POLLING PLACE No. 11 Life Church (Consisting of that portion of Chambers County Voting 6710 Highway 146 Precinct No. 11 within the City) No. 12 John M. Stuart Career Center (Consisting of that portion of Harris County Voting 300 Wye Drive Precinct No. 12 within the City) No. 13 William B. Travis Elementary School (Consisting of that portion of Harris County Voting 100 Robin Road Precinct No. 13 within the City) No. 28 Jessie Lee Pumphrey Elementary (Consisting of that portion of Harris County Voting 4901 Fairway Drive Precinct Nos. 28 and 739 within the City) No. 99 Sterling Municipal Library (Consisting of that portion of Harris County Voting Mary Elizabeth Wilbanks Avenue Precinct No. 99 within the City) No. 100 St. John's Methodist Church (Consisting of that portion of Harris County Voting 501 S. Alexander Drive Precinct No. 100 within the City) 6 n 20010208 -8f PRECINCT NO. POLLING PLACE No. 102 San Jacinto Elementary (Consisting of that portion of Harris County Voting 2615 Virginia Precinct Nos. 102 and 743 within the City) No. 248 School Community Guidance Center (Consisting of that portion of Harris County Voting 700 Massey Street Precinct No. 248 within the City) No. 249 DeZavala Elementary (Consisting of that portion of Harris County Voting 305 Tri -City Beach Road Precinct Nos. 249 and 101 within the City) No. 414 Cedar Bayou Junior School Library (Consisting of that portion of Harris County Voting 2410 Cedar Bayou Precinct Nos. 386 and 414 within the City) No. 456 Harris County Courthouse No. 8 (Consisting of that portion of Harris County Voting 701 West Baker Road Precinct Nos. 96, 103 and 456 within the City) No. 532 James Bowie Elementary (Consisting of that portion of Harris County Voting 2200 Clayton Precinct No. 532 within the City) No. 533 Northside Baptist Church (Consisting of that portion of Harris County Voting 300 Cedar Bayou Road Precinct No. 533 within the City) Section 15: Each qualified voter who desires to cast an early vote shall be entitled to an official ballot and the right to cast such ballot in accordance with the provisions of the Texas Election Code. Early voting will be conducted in the City Council Chamber of the City Hall of the City of Baytown, located at 2401 Market Street. Gary W. Smith is hereby appointed the early voting clerk. Section 16: That the regular municipal election and each special election shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. In all City elections, the Mayor and the City Clerk of the City Council shall do and perform each act as required to be done and performed respectively by the County Judge and the County Clerk of the Commissioners' Court. The notice of proclamation of these elections shall be issued and posted on the bulletin board used for posting notices of meetings not later than the twenty -first (21 st) day before the date of the elections ordered herein. Section 17: The City Council Chamber and Conference Room area of the City Hall of the City of Baytown, located at 2401 Market Street, are hereby established as the Central Counting Station to receive and tabulate voted ballots. The City Clerk is hereby appointed Manager of the Central Counting Station and also Tabulation Supervisor. Nestor Moreno is hereby appointed Presiding Judge for the Central Counting Station. Section 18: There is hereby created an Early Voting Ballot Board which shall process early voting results. Sandra Northcutt is hereby appointed Presiding Judge of the Early Voting Ballot Board. Section 19: The Mayor is hereby directed to give notice of said elections by publishing a copy of the Election Proclamation and Notice in a newspaper of general circulation within the 7 El 20010208 -8g City of Baytown, Texas; said publication to be made no earlier than the 30th day or later than the tenth day prior to the date of said elections. Section 20: In addition to the notice requirements specified hereinabove, notice of the bond 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 14 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 14 days prior to the date set for the election. Section 21: In all matters relating to the ordering, giving notice, and holding the elections, 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 22: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown on this the 8th day of February, 2001. ATTEST: dZ4 G Y . SMIYH, City Clerk APPROVED AS TO FORM: CTCt ACIO RAMIRE ,City Attorney c: \klh261 \Council \Ordinance /CalIi ngMunicipa1E1ection .May2001 PETE C. ALFAR ,..,- ayor