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CC Resolution No. 1897 95 RESOLUTION NO. 1897 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN,TEXAS,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 IMPROV EMENT 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 FORTEXAS AVENUE AND THE ADJACENT AREA; PROPOSITION NO. 6: THE ISSUANCE OF $2,020,000 BONDS FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS; FINDING THAT NOTICE OF SAID ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS,on August 9,2007,the City Council of the City of Baytown ordered a special municipal election of the City of Baytown to be held between the hours of seven o'clock a.m. and seven o'clock p.m.on November 6, 2007, in the City of Baytown, Texas, for the purposes of voting for or against the following: PROPOSITION NO. I 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 96 PROPOSITION NO. 6 THE ISSUANCE OF $2,020,000 BONDS FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS (the "Special Election"); and WHEREAS, on November 6, 2007, the Special Election was held under and pursuant to the provisions of the Charter of the City and all laws concerning the same; and WHEREAS,pursuant to Chapter 67 of the Texas Election Code,the Council of the City of Baytown, Texas,at a meeting held on November 19,2007, canvassed the returns of the Special Election as required by law; and WHEREAS, the City Council further finds that the total votes cast by resident,qualified electors of the City of Baytown at the Special Election were as follows, to-wit: PROPOSITION NO. 1 THE ISSUANCE OF $36,850,000 BONDS FOR STREETS, SIDEWALKS AND RELATED DRAINAGE AND UTILITY IMPROVEMENTS For....................................................2,741 Votes Against ................................................ 778 Votes PROPOSITION NO.2 THE ISSUANCE OF $22,995,000 BONDS FOR PUBLIC SAFETY, EMERGENCY MEDICAL SERVICE, POLICE, AND FIRE BUILDINGS AND EQUIPMENT For....................................................2,799 Votes Against ................................................723 Votes PROPOSITION NO. 3 THE ISSUANCE OF S10,940,000, BONDS FOR THE PURCHASE AND IMPROVEMENT OF PARKS AND RECREATION FACILITIES, INCLUDING AQUATICS FACILITIES, AND FOR CITYWIDE BEAUTIFICATION For....................................................2,203 Votes Against ............................................. 1,309 Votes 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 For....................................................2,040 Votes Against ............................................. 1,463 Votes 2 97 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 For.................................................... 1,641 Votes Against ............................................. 1,889 Votes PROPOSITION NO. 6 THE ISSUANCE OF $2,020,000 BONDS FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS For....................................................2,795 Votes Against ................................................ 734 Votes WHEREAS, the City Council finds the election returns set out above to be accurate and correct and no election protest or contest have been filed with the City of Baytown or instituted in connection with said election returns; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby finds that the above- referenced recitals are true and correct. Section 2: That City Council of the City of Baytown, Texas, further finds that the notice of the Special Election was duly and properly given as required by law and as provided in the ordinances calling the election and that the election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of said elections and in all things according to law. Section 3: That the City Council of the City of Baytown,Texas,after the returns of the results of the election were made and delivered,canvassed such returns all in accordance with law and the ordinances calling the elections. Section 4: That the City Council of the City of Baytown, Texas, hereby declares that the following propositions passed: 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 3 98 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. 6 THE ISSUANCE OF $2,020,000 BONDS FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS Section 5: That the City Council of the City of Baytown,Texas,hereby declares that the following proposition was defeated: 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 Section 6: This resolution 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 affi*H. ouncil of the City of Baytown, Texas, this the 19°i day of November,2007. OS, Mayor TT LO Y, City Clerk APPROVED AS TO FORM: efSXACIO RAMMIR Z, SR , -ty A ttorney R\KarenTilesVCity CounciRRcsoIunonsV 0 7,Novc m bcr 19TanvassVoteso[special ElectionNovennber2007.doc 4