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Ordinance No. 9,790ORDINANCE NO. 9790 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, ® TEXAS, AMENDING AND RESTATING ORDINANCE NO. 9773, PASSED ON THE 8TH DAY OF APRIL, 2004, WHICH AUTHORIZED THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 2004, TO POSTPONE THE PUBLICATION OF THE NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 2004; AUTHORIZING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 2004; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, Ordinance No. 9773, passed on the 81h day of April, 2004, authorized the publication of Notice of Intention to Issue Certificates of Obligation, Series 2004; and WHEREAS, the City Council desires to postpone the publication of the Notice of Intention to Issue Certificates of Obligation, Series 2004; and WHEREAS, the City Council of the City of Baytown, Texas (the "City"), deems it advisable to issue certificates of obligation of the City in accordance with the notice hereinafter set forth; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. Section 2: That the Notice of Intention to Issue Certificates of Obligation, Series 2004, originally set for the 13`h day of May, 2004, is hereby postponed. Section 3: That a Notice of Intention to Issue Certificates of Obligation, Series 2004, shall be published on May 17 and 24, 2004. Section 4. The City Clerk is hereby authorized and directed to cause to be published in the manner required by law and in substantially the form attached hereto, a notice of intention to issue certificates of obligation. Section 5. The notice set forth in Section 3 above shall be published once a week for two (2) consecutive weeks in a newspaper which is of general circulation in the City, the date of the first publication to be at least fifteen (15) days before the date tentatively set in said notice for the passage of the ordinance authorizing the issuance of such certificates of obligation. • Section 6. The Mayor, City Clerk, and other officers and agents of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this resolution. Section 7. This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. Section 8. The notice and agenda relating to this meeting and heretofore posted by the City Clerk, and the posting thereof, are hereby authorized, approved, and ratified. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 22 "6 day of April, 2004. — zl� e &� PETE C. ALFARO, Nfayor AT TEST: -(�L ' jle�116� GAY W. S:''41TH, City Clerk APPROVED AS TO FORM: do / J ACIO RAMIREZ, S ity Attorney F:Ueanene\My Documents\ Council\ 03- 04 WmendedNoticeOtlntentionCertObl igation2004 .DOC C I NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Baytown, Texas (the "City "), will meet at the City Hall, 2401 Market Street, Baytown, Texas, at 6:30 p.m. on the _ day of , 2004, which is the time and place tentatively set for the passage of an ordinance and such other action as may be deemed necessary to authorize the issuance of the City's certificates of obligation, in the maximum aggregate principal amount of $11,980,000, payable from ad valorem taxation and from a limited pledge of a subordinate lien on the net revenues of the City's waterworks and sanitary sewer system, 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 the City Council at the time of issuance, and maturing over a period of years not to exceed thirty (30) years from the date thereof, for the purpose of evidencing the indebtedness of the City for all or any part of the cost of the purchase of equipment and construction of improvements for the City's water and sanitary sewer system, and the cost of professional services incurred in connection therewith. WITNESS MY HAND AND THE OFFICIAL. SEAL OF THE CITY, this 22nd day of April, IIII119 /s/ Gary Smith City Clerk City of Baytown, Texas (SEAL) 0 3