Ordinance No. 10,670ORDINANCE NO. 10,670
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 6TH
DAY OF NOVEMBER, 2007, FOR THE PURPOSES OF VOTING FOR OR
AGAINST PROPOSITION NO. 1: THE ISSUANCE OF $36,850,000 BONDS
FOR STREET, SIDEWALKS AND RELATED DRAINAGE AND UTILITY
IMPROVEMENTS; PROPOSITION NO. 2: THE ISSUANCE OF $ $22,995,000
BONDS FOR PUBLIC SAFETY, EMERGENCY MEDICAL SERVICE,
POLICE AND FIRE BUILDINGS AND EQUIPMENT; PROPOSITION NO. 3:
THE ISSUANCE OF $10,940,000, BONDS FOR THE PURCHASE AND
IMPROVEMENT OF PARKS AND RECREATION FACILITIES, INCLUDING
AQUATICS FACILITIES, AND FOR CITYWIDE BEAUTIFICATION;
PROPOSITION NO. 4: THE ISSUANCE OF $7,170,000 BONDS FOR THE
CONSTRUCTION OF THE EXTENSION OF EAST BAKER ROAD AND
RELATED UTILITY, SIDEWALK AND DRAINAGE IMPROVEMENTS;
PROPOSITION NO. 5 $2,525,000 BONDS FOR PERMANENT PUBLIC
IMPROVEMENTS AND OTHER GENERAL PUBLIC PURPOSES FOR
TEXAS AVENUE AND THE ADJACENT AREA; PROPOSITION NO. 6: THE
ISSUANCE OF $2,020,000 BONDS FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS; DESIGNATING THE MANNER OF
HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING
THE CENTRAL COUNTING STATION; ESTABLISHING CERTAIN
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE POSTING
AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
WHEREAS, the City Council of the City of Baytown, Texas (the "City") finds and
determines that it is necessary and advisable to call and hold an election for and within the City
on the propositions hereinafter set forth; and
WHEREAS, it is hereby officially found and determined that said election will be held on
a uniform election date established by Section 41.001(a), Texas Election Code, as amended, as
required by Texas law; and
WHEREAS, the Council, pursuant to the applicable provisions of the Texas Election
Code and a separate resolution(s) of the City Council, intends to conduct a joint election with
other political subdivisions within Chambers County and Harris County and contract with the
Chambers County Clerk and the Harris County Clerk, as applicable for election services; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: The statements contained in the preamble of this Ordinance are true and
correct and are hereby adopted as findings of fact and as a part of the operative provisions
hereof.
Section 2: That a special election of the City of Baytown, pursuant to Article VI of
the Charter of the City of Baytown, Chapter 1251 of the Texas Government Code, and pursuant
to Sections 41.001 and 41.031 of the Texas Election Code, shall be held between the hours of
seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m. on the 6th day of November, 2007, in the
City of Baytown, Texas, for the purpose of voting for or against the following propositions (the
"Propositions")
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 $ $36,850,000, 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 IMPROVEMENTS TO THE
CITY'S STREETS, SIDEWALKS AND RELATED DRAINAGE AND
UTILITY 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. 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 $ $22,995,000, 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, RENOVATION, FURNISHING
AND EQUIPMENT OF PUBLIC SAFETY FACILITIES, A NORTH CENTRAL
FIRE STATION, A NORTH EAST FIRE STATION, A 911 CENTER, AND AN
EMS FACILITY, THE PURCHASE OF PUBLIC SAFETY EQUIPMENT AND
UPGRADES TO COMMUNICATIONS INFRASTRUCTURE AND
EQUIPMENT, 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 $10,940,000, 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
ADDITIONS AND IMPROVEMENTS TO THE CITY'S PARKS AND
RECREATIONAL FACILITIES, INCLUDING AQUATICS FACILITIES, AND
FOR CITYWIDE BEAUTIFICATION, 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 $7,170,000, 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 THE EXTENSION OF EAST
BAKER ROAD AND RELATED UTILITY, SIDEWALKS AND DRAINAGE
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. 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 $2,525,000, 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, CONSTRUCTION,
REHABILITATION, FURNISHING AND EQUIPMENT OF PERMANENT
PUBLIC IMPROVEMENTS FOR TEXAS AVENUE AND THE ADJACENT
AREA, INCLUDING NEW FACILITIES FOR AND/OR IMPROVEMENTS TO
PARKS, PUBLIC SPACES, AND THE CITY'S STREETS AND SIDEWALKS,
INCLUDING RELATED UTILITY AND DRAINAGE 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. SIX
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 $2,020,000, 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 DRAINAGE
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?
Section 3: That each of the propositions specified in Section 2 hereof shall be presented
to the City at large and the propositions shall be submitted in accordance with law.
Section 4: That the form of the ballot for this special election shall be substantially as
follows:
[]FOR
[ ] AGAINST
[]FOR
[ ] AGAINST
[]FOR
[ ] AGAINST
[]FOR
[ ] AGAINST
[]FOR
[ ] AGAINST
[]FOR
[ ] AGAINST
OFFICIAL BALLOT
PROPOSITION NO. 1
THE ISSUANCE OF $ $36,850,000 BONDS FOR
STREETS, SIDEWALKS AND RELATED
DRAINAGE AND UTILITY IMPROVEMENTS
PROPOSITION NO.2
THE ISSUANCE OF $ $22,995,000 BONDS FOR
PUBLIC SAFETY, EMERGENCY MEDICAL
SERVICE, POLICE, AND FIRE BUILDINGS AND
EQUIPMENT
PROPOSITION NO. 3
THE ISSUANCE OF $10,940,000, BONDS FOR
THE PURCHASE AND IMPROVEMENT OF
PARKS AND RECREATION FACILITIES,
INCLUDING AQUATICS FACILITIES, AND FOR
CITYWIDE BEAUTIFICATION
PROPOSITION NO. 4
THE ISSUANCE OF $7,170,000 BONDS FOR THE
CONSTRUCTION OF THE EXTENSION OF EAST
BAKER ROAD AND RELATED UTILITY,
SIDEWALK AND DRAINAGE IMPROVEMENTS
PROPOSITION NO. 5
THE ISSUANCE OF $2,525,000 BONDS FOR
PERMANENT PUBLIC IMPROVEMENTS AND
OTHER GENERAL PUBLIC PURPOSES FOR
TEXAS AVENUE AND THE ADJACENT AREA
PROPOSITION NO. 6
THE ISSUANCE OF $2,020,000 BONDS FOR THE
CONSTRUCTION OF DRAINAGE
IMPROVEMENTS
Section 5: That the election called in Section 2 hereof shall be held as a joint election
with Harris County and Chambers County pursuant to the joint election agreements to be entered
into with each county.
Section 6: That the City shall use the polling places and election officials for the special
election ordered in Section 2 hereof as designated by Harris County and Chambers County.
Such polling places are as follows:
MAIN EARLY VOTING POLLING PLACES
ELECTION DAY POLLING PLACES
ELECTION DAY POLLING PLACES
Section 7: Direct recording electronic (DRE) equipment shall be used for voting at
the designated election precincts, and electronic counting devices and equipment shall be used
for counting the ballots at the election.
Section 8: 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 by the Early Voting Clerks at the places
designated by the City and Harris and Chambers Counties. Direct recording electronic (DRE)
equipment shall be used for early voting by personal appearance. Early voting by personal
appearance shall commence on October 22, 2007, and end on November 2, 2007, in accordance
with the schedules adopted by Harris and Chambers Counties.
Paper ballots shall be used for early voting by mail in Harris County and Opti Scan mail
ballots shall be used for early voting by mail in Chambers County. Applications for ballots to be
voted by mail should be mailed to either:
Beverly Kaufman Heather Hawthorne
Harris County Clerk Chambers County Clerk
P.O. Box 1525 P.O. Box 725
Houston, TX 77251-1525 Anahuac, Texas 77514
based upon the county of residence of the qualified voter.
Section 9: The Central Counting Stations to receive and tabulate voted ballots shall be at
the locations designated by Harris and Chambers Counties.
Section 10: That the special election shall be held in accordance with, and shall be
governed by, the election laws of the State of Texas. In the special election, the Mayor and the
City Clerk of the City of Baytown 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 this election shall be given by posting a substantial copy of this election ordinance
at 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 also shall be
published on the same day in each of two successive week 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. Notice of the Election shall also be provided to
the Chambers County Clerk and the Harris County Clerk not later than the 60th day before the
date of the election ordered herein.
Section 11: The City Clerk is further authorized to give or cause to be given notices
required for the election, and to take such other and further action as is required to conduct the
election in compliance with the Texas Election Code.
Section 12: 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 13: 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
__^^_..,town on this the 9th day of August, 2007.
STEPHENHTDONCARLOS, Mayor^
)RRI COODY, CityCK
LETICIA GARZA, Assistdtft City Clerk
APPROVED AS TO FORM:
rACIO RAMIREZ, SR., Ci# Attorney
R:\KarenVFilcs\Cily CounciftOrdinances\2007\Augusl9\CalliingSpecialE!eciion4[) ondsNNovcnibcr.doc