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Ordinance No. 9,11220010222 -1 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 9111, PASSED ON FEBRUARY 8, 2001, TO REORDER CERTAIN PROPOSITIONS AND TO NAME THE ELECTION OFFICIALS FOR THE REGULAR AND SPECIAL ELECTIONS TO BE HELD ON MAY 5, 2001; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Section 7 of Ordinance No. 9111, passed by the City Council of the City of Baytown, Texas, on February 8, 2001, is hereby amended to read as follows: 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: 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 $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.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 20010222 -1a ® AMOUNT OF $3,250,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST SAT 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. 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 $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. 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 $2,090,000, MATURING SERIALLY OR ® OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR 9 20010222 -1b ® 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. 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 $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 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 THE PURPOSE OF THE ACQUISITION AND CONSTRUCTION OF 3 20010222 -1c ® 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 2: That Section 9 of Ordinance No. 9111, passed by the City Council of the City of Baytown, Texas, on February 8, 2001, is hereby amended to read as follows: 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 $20,375,000 STREET [ ] AGAINST IMPROVEMENT BONDS [ ] FOR PROPOSITION NO. 2 THE ISSUANCE OF $3,250,000 DRAINAGE [ ] AGAINST IMPROVEMENT BONDS [ ] FOR PROPOSITION NO. 3 THE ISSUANCE OF $2,175,000 BONDS FOR FIRE [ ] AGAINST FIGHTING FACILITIES AND EQUIPMENT [ ] FOR PROPOSITION NO. 4 THE ISSUANCE OF $2,090,000 BONDS FOR [ ] AGAINST INFORMATION TECHNOLOGY AND EQUIPMENT [ ] FOR PROPOSITION NO. 5 THE ISSUANCE OF $1,250,000 COMMUNITY [ ] AGAINST CENTER IMPROVEMENT BONDS [ ] FOR PROPOSITION NO. 6 THE ISSUANCE OF $350,000 PARK [ ] AGAINST IMPROVEMENT BONDS Section 3: That Section 14 of Ordinance No. 9111, passed by the City Council of the City of Baytown, Texas, on February 8, 2001, is hereby amended to read as follows: M v 20010222 -1d Section 14: That the City is hereby divided into Election Precincts, having the following polling places and election officials for the purpose of this election: PRECINCT NO:. POLLING PLACE OFFICIALS No. 11 Life Church Marsha Johnson (Consisting of that portion of 6710 Highway 146 Judge & Presiding Officer Chambers County Voting Precinct No. 11 within the Misty Johnson City) Alternate Judge No. 12 John M. Stuart Career Center Ken Donovan (Consisting of that portion of 300 Wye Drive Judge & Presiding Officer Harris County Voting Precinct No. 12 within the Kathryn Kunze City) Alternate Judge No. 13 William B. Travis Elementary G. K. Fulkerson (Consisting of that portion of School Judge & Presiding Officer Harris County Voting 100 Robin Road Precinct No. 13 within the Deborah Hutchison City) Alternate Judge No. 28 Jessie Lee Pumphrey Kenneth Jensen (Consisting of that portion of Elementary Judge & Presiding Officer Harris County Voting 4901 Fairway Drive Precinct Nos. 28 and 739 Don Teter within the City) Alternate Judge No. 99 Sterling Municipal Library Kay Hester (Consisting of that portion of Mary Elizabeth Wilbanks Judge & Presiding Officer Harris County Voting Avenue Precinct No. 99 within the Ruth Richards City) Alternate Judge No. 100 St. John's Methodist Church Anita Meismer (Consisting of that portion of 501 S. Alexander Drive Judge & Presiding Officer Harris County Voting Precinct No. 100 within the Chris Meismer City) Alternate Judge No. 102 Sari Jacinto Elementary Elodia Alaniz (Consisting of that portion of 2615 Virginia Judge & Presiding Officer Harris County Voting Precinct Nos. 102 and 743 Elida Santana within the City) Alternate Judge No. 248 School Community Guidance Vera Sanchez (Consisting of that portion of Center Judge & Presiding Officer Harris County Voting 700 Massey Street Precinct No. 248 within the Carmen Torres City) Alternate Judge No. 249 DeZavala Elementary Malcolm Henderson (Consisting of that portion of 305 Tri -City Beach Road Judge & Presiding Officer Harris County Voting Precinct Nos. 249 and 101 Robert Kelley within the City) Alternate Judge v 20010222 -1e PRECINCT NO. POLLING PLACE OFFICIALS No. 414 Cedar Bayou Junior School Nancy Lockridge (Consisting of that portion of Library Judge & Presiding Officer Harris County Voting 2410 Cedar Bayou Precinct Nos. 386 and 414 Cecil Morgan within the City) Alternate Judge No. 456 Harris County Courthouse Betty Goodman (Consisting of that portion of No. 8 Judge & Presiding Officer Harris County Voting 701 West Baker Road Precinct Nos. 96, 103 and 456 Delores Luby within the City) Alternate Judge No. 532 James Bowie Elementary Houston Schweitzer (Consisting of that portion of 2200 Clayton Judge & Presiding Officer Harris County Voting Precinct No. 532 within the Bobby Lintelman City) Alternate Judge No. 533 Northside Baptist Church Jack A. Cardwell (Consisting of that portion of 300 Cedar Bayou Road Judge & Presiding Officer Harris County Voting Precinct No. 533 within the Archie Berwick City) Alternate Judge Section 4: That Section 17 of Ordinance No. 9111, passed by the City Council of the City of Baytown, Texas, on February 8, 2001, is hereby amended to read as follows: 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. Tommie Jones is hereby appointed Presiding Judge for the Central Counting Station. Section 5: That Section 18 of Ordinance No. 9111, passed by the City Council of the City of Baytown, Texas, on February 8, 2001, is hereby amended to read as follows: Section 18: There is hereby created an Early Voting Ballot Board which shall process early voting results. Beth Joehl is hereby appointed Presiding Judge of the Early Voting Ballot Board. Section 6: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 7: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the set of 2 2001022.2 -1 f circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 8: 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 22nd day of February, 2001. ATTEST: GA '))V.-,SMITH, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., Ci Attorney c:klh2621 Councill Ordinance\NamingElectionOfficials 7 PETE C. ALFARO, Aayor