1979 07 03 CC Minutes, Special70703 -1
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
July 3, 1979
The City Council of the City of Baytown, Texas, met in special
session on Tuesday, July 3, 1979, at 5:00 p.m. in the Council Chamber
of the Baytown City Hall. The following members were in attendance:
Fred T. Philips
Ted Kloesel
Mary E. Wilbanks
Eileen Caffey
Allen Cannon
Emmett 0. Hutto
Fritz Lanham
Scott Bounds
Dan Savage
Eileen P. Hall
Absent: Jimmy Johnson
Councilman
Councilman
Councilwoman
Councilwoman
Councilman
Mayor
City Manager
City Attorney
Assistant City Manager
City Clerk
Councilman
Mayor Hutto called the meeting to order. The first item listed
on the agenda was passed because certain facts pertaining to this
item were to be discussed during executive session. Council considered
authorization to the Administration to have soil analyses performed
in the area of Cary's Bayou. Norman Dykes, City Engineer and Director
of Public Works, explained to Council that a very serious problem has
developed in the Kings Bend area where the ground has begun to sink
underneath a drainage ditch which carries water to Cary's Bayou.
The City received a call concerning this problem. A city crew was
dispatched to correct the problem. Shortly after the problem was
corrected the ground began to sink again causing the pipe to collapse
at one point. Therefore, the Administration is requesting authorization
to employ a firm to make soil analyses and recommend what remedial action
can be employed.
Mr. Lanham reminded Council of a situation which developed similar
to this when the West Texas Avenue Bridge was being constructed which
was a direct result of the ground shifting. The Administration has
obtained permission from a homeowner to go onto this property to make
the necessary soil borings. These soil borings will isolate the prob-
lem. Perhaps the borings will indicate not only what the problem is,
but whose responsibility it would be to correct -- Baytown or Harris
County or perhaps both. The maximum estimate to make the soil borings
is $2,000. The Administration recommended that Council authorize the
retention of the firm of Southwest Lab to make these soil borings and
make recommendation as to the solution of the problem.
Councilman Philips moved to accept the recommendation of the
Administration.
'* Councilman Cannon inquired as to what size easement exists at
the problem location. When Mr. Dykes responded that a 10 foot ease-
ment exists here, Councilman Cannon suggested that the City needed
to consider larger drainage easement requirements in the future.
Mayor Hutto pointed out that the county had recently desnagged
Cary's Bayou which may be contributing to the problem.
Councilwoman Wilbanks seconded the motion.
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Minutes of the Special Meeting - July 3, 1979
Councilman Philips requested in conjunction with the motion that
the Administration contact the Flood Control District to get a
decision as to where responsibilities lie. The vote follows:
Ayes: Council members Philips, Kloesel, Caffey, Wilbanks
and Cannon
Mayor Hutto
Nays: None
Ordinance - Prohibiting Certain Uses of Water From the City Water
Supply System Not Essential to the Public Well- Being; Authorizing
the City to Terminate Water Service for Violation
Council was asked to consider an ordinance prohibiting certain
uses of water from the city water supply system not essential to
the public well- being; authorizing the Mayor to terminate water
service for violation. The reason which necessitated this action
is that the Decker Drive Water Well has been out of service since
Saturday. This well pumps 2,000,000 of the 11,000,000 gallons per
day maximum which may be pumped. The City has been pumping
9,000,000 per day which is capacity with the Decker Drive well out
of service. The wells on North Main and Cedar Bayou have been mal-
functioning which means that part of the time, those wells have
been down for maintenance. A large water leak was discovered at
the Market Street Bridge which has been valved off. After this
leak was valved off, the water pressure improved immensely. Fire-
men have been traveling around the city requesting citizens to
discontinue unnecessary uses of water. Because of the emergency
conditions, the Administration is requesting the adoption of the
proposed ordinance. The ordinance would authorize the Mayor to
enforce its provisions by discontinuance of water service in the
event of violation and is to remain in force and effect until
amended or repealed by the Mayor or until repealed by the Council
of the City of Baytown.
Councilman Cannon moved for the adoption of the ordinance
with the provision that the ordinance be worded to exclude vegetable
gardens; Councilwoman Caffey seconded the motion. The vote follows:
Ayes: Council members Philips, Kloesel, Wilbanks, Caffey
and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2691
AN ORDINANCE PROHIBITING CERTAIN USED OF WATER FROM THE
CITY WATER SUPPLY SYSTEM NOT ESSENTIAL TO THE PUBLIC
WELL- BEING; AUTHORIZING THE CITY TO TERMINATE WATER
SERVICE FOR VIOLATION; AND DECLARING THE PRESENCE OF AN
EMERGENCY.
Mayor Hutto recessed the meeting into executive session. When
the open meeting reconvened, the following business was transacted.
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Minutes of the Special Meeting - July 3, 1979
THE STATE OF TEXAS 0
COUNTIES OF HARRIS AND CHAMBERS Q
CITY OF BAYTOWN 0
The City Council of the City of Baytown, Texas, convened in
special meeting, open to the public, on the 3rd day of July, 1979,
at the City Hall, and the roll was called of the duly constituted
officers and members of the City Council and the City Clerk of the
City, to -wit:
Emmett 0. Hutto
Mayor
Allen Cannon
Mayor Pro Tem
Ted Kloesel
Councilman
Jimmy Johnson
Councilman
Mary E. Wilbanks
Councilwoman
Eileen Caffey
Councilwoman
Fred T. Philips
Councilman
Eileen P. Hall
City Clerk
and all of said persons were present, except the following absentees:
Jimmy Johnson, Councilman, thus constituting a quorum. Whereupon,
among other business, the following was transacted at said meeting:
a written ordinance entitled:
ORDINANCE CALLING BOND ELECTION
AND PROVIDING FOR ISSUANCE OF BONDS
(the "Ordinance ") was duly introduced for the consideration of the
City Council and reviewed in full. It was then duly moved and
seconded that the Ordinance be passed; and, after due discussion,
the motion, carrying with it the passage of the Ordinance, prevailed
and carried by the following vote:
AYES: All members of the City Council shown
present above voted "Aye ".
NOES: None.
The Mayor thereupon announced that the Ordinance had been duly and
lawfully adopted. The Ordinance thus adopted follows:
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Minutes of the Special Meeting - July 3, 1979
CERTIFICATE FOR ORDINANCE CALLING BOND ELECTION
AND PROVIDING FOR ISSUANCE OF BONDS
THE STATE OF TEXAS 4
COUNTIES OF HARRIS AND CHAMBERS 0
CITY OF BAYTOWN 4
We, the undersigned officers of the CITY OF BAYTOWN, TEXAS
(the "City "), do hereby certify as follows:
1. That we are the duly chosen, qualified and acting
officers of the City for the offices shown below our signatures
and that as such we are familiar with the facts herein certified.
2. That there is attached to and follows this certificate
an excerpt of proceedings from the minutes of a meeting of the
City Council of the City (the "City Council ") which is a true,
full and complete excerpt of all proceedings from the minutes of
the City Council pertaining to the adoption of the ordinance de-
scribed therein; and that the persons named in such excerpt as
the officers and members of the City Council or as officers of
the City are the duly chosen, qualified and acting officers and
members as indicated therein.
3. That a true and complete copy of the ordinance (the
"Ordinance "), as adopted at the meeting described in such excerpt
from the minutes, is attached to and follows such excerpt.
4. That the Ordinance has been duly and lawfully adopted
by the City Council and that the Mayor of the City has approved,
and hereby approves, the Ordinance; that the Mayor and the City
Clerk of the City have duly signed and attested the Ordinance
and each, respectively, hereby declares that the signing of this
certificate shall also constitute the signing of the Ordinance
for all purposes; and that the Ordinance, as signed, has been
duly recorded in the minutes of the City Council for such meeting.
5. That each of the officers and members of the City
Council was duly and sufficiently notified officially and per-
sonally, in advance, of the date, hour, place and subject of
such meeting of the City Council, and that the Ordinance would
be introduced and considered for passage at such meeting, and
each of such officers and members consented, in advance, to the
holding of such meeting to consider and act upon such subject.
6. That written notice of the meeting of the City Council
described in the excerpt from the minutes was posted in the form
and manner required by law; and that such meeting was open to the
public as required by law at all times during which the Ordinance
and the subject matter thereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act,
Article 6252 -17, Vernon's Texas Civil Statutes, as amended.
SIGNED AND SEALED the 3rd day of July, 1979.
/s/ Eileen P. Hall
City Clerk
(SEAL)
/s/ Emmett 0. Hutto
Mayor
W
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ORDINANCE NO. 2692
ORDINANCE CALLING BOND ELECTION
AND PROVIDING FOR ISSUANCE OF BONDS
THE STATE OF TEXAS §
COUNTIES OF HARRIS AND CHAMBERS -§ _
CITY OF BAYTOWN §
WHEREAS, the City Council (the "City Council ") deems it
necessary to call the election hereinafter described and, sub-
ject to the results of the election, to authorize the issuance
of bonds;
THEREFORE, BE IT ORDAINED BY THE CITY-COUNCIL OF THE CITY
OF BAYTOWN THAT:
Section 1. An election shall be held in the CITY OF
BAYTOWN (the "City ") on July 24, 1979, in which all resident,
qualified electors of the City shall be entitled to vote; the
polls shall be open for voting from 7:00 a.m. to 7:00 p.m. at
the following polling places in each of the following precincts
heretofore established and described by natural or artificial
boundaries or survey lines by an ordinance adopted by the City
Council and on file in its minutes, and the following are
hereby appointed officers to conduct the election at each
polling place, respectively:
ELECTION PRECINCT 1: Boundaries same as County Election
Precinct 12.
Polling Place:
ALAMO ELEMENTARY SCHOOL
Election Officers:
Bill G. Rogers Presiding Judge
C. C. Laughlin Alternate Presiding Judge
Maximum number of clerks: 2
-----------------------------------------------------------
ELECTION PRECINCT 2: Boundaries same as County Election
Precinct 13.
Polling Place:
DAVID G. BURNET ELEMENTARY SCHOOL
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Election Officers:
Al Rieck Presiding Judge
Mrs. Blanche Rieck Alternate Presiding Judge
Maximum number of clerks: 2
-------------------------------------------------------------
ELECTION PRECINCT 3: Boundaries same as County Election
Precinct 28.
Polling Place:
PUMPHREY ELEMENTARY SCHOOL
Election Officers:
J. F. McChesney, Jr. Presiding Judge
John L. Priddy Alternate Presiding Judge
Maximum number of clerks: 2
--------------------------------------------------------------
ELECTION PRECINCT 4: Boundaries same as County Election
Precinct 99.
Polling Place:
DUTCH HOLLAND OLDSMOBILE
Election Officers:
Jack G. Hester Presiding Judge
011ie Tate Alternate Presiding Judge
Maximum number of clerks: 2
--------------------------------------------------------------
ELECTION PRECINCT 5: Boundaries same as County Election
Precinct 100.
Polling Place:
ASHBEL SMITH ELEMENTARY SCHOOL
Election officers!
W. 0. Tidmon *Presiding Judge
Mrs. W. 0. Tidmon Alternate Presiding Judge
Maximum number of clerks: 2
--------------------------------------------------------------
ELECTION PRECINCT 6: Boundaries same as County Election
Precinct 101.
Polling Place:
HORACE MANN JUNIOR HIGH SCHOOL
Election Officers:
Mrs. S. V. Robberson Presiding Judge
Mrs. Pansy Dabney Alternate Presiding Judge
Maximum number of clerks: 2
--------------------------------------------------------------
ELECTION PRECINCT 7: Boundaries same as County Election
Precinct 102.
Polling Place:
BAYTOWN JUNIOR HIGH SCHOOL
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Election Officers:
A. Contreras Presiding Judge
Mrs. J. W. Sprayberry Alternate Presiding Judge
. Maximum number of clerks: 2
--------------------------------------------------------------
ELECTION PRECINCT 8: Boundaries same as County Election
Precinct 149.
Polling Place:
SAN JACINTO ELEMENTARY SCHOOL
Election Officers:
Mrs. Marjie Kloesel Presiding Judge
Mrs. Fred Marti Alternate Presiding Judge
Maximum number of clerks: 2
--------------------------------------------------------------
ELECTION PRECINCT 9: Boundaries same as County Election
Precinct 165.
Polling Place:
WILLIAM B. TRAVIS ELEMENTARY SCHOOL
Election Officers:
J. Rodger Read Presiding Judge
Troy E. Peterson Alternate Presiding Judge
Maximum number of clerks: 2
--------------------------------------------------------------
ELECTION PRECINCT.10: Boundaries same as County Election
Precinct 248.
Pol_ ling Place:
CARVER -JONES ELEMENTARY SCHOOL
Election Officers:
Mrs. Woodrow W. Lewis Presiding Judge
Mrs. Johanna Wilson Alternate Presiding Judge
Maximum number of-clerks: 2
--------------------------------------------------------------
ELECTION PRECINCT 11: Boundaries same as County Election
Precinct 249.
Polling Place:
JAMES BOWIE ELEMENTARY SCHOOL
Election Officers:
Wayne McClurg Presiding Judge
Mrs. Wayne McClurg Alternate Presiding Judge
Maximum number of clerks: 2
--------------------------------------------------------------
ELECTION PRECINCT 12: Boundaries same as County Election
Precinct 386.
Polling Place:
STEPHEN F. AUSTIN ELEMENTARY SCHOOL
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Election Officers:
Dickson Hamiter Presiding Judge
Mrs. Henry M. Hunt Alternate Presiding Judge
Maximum number of clerks: 2
--------------------------------------------------------------
ELECTION PRECINCT 13: Boundaries same as County Election
Precinct 414.
Polling Place:
CEDAR BAYOU JUNIOR HIGH SCHOOL
Election Officers:
Charles M. Albright Presiding Judge
Mrs. Charles Albright Alternate Presiding Judge
Maximum number of clerks: 2
--------------------------------------------------------------
ELECTION PRECINCT 14: Boundaries same as County Election
Precinct 456.
Polling Place:
HARRIS COUNTY COURTHOUSE ANNEX
Election Officers:
Joy A. Ralls Presiding Judge
Sandra Northcutt Alternate Presiding Judge
Maximum number of clerks: 2
Allen Cannon is hereby designated as the member of the
City Council to canvass the voting machine used in absentee
voting, together with the Mayor and City Clerk as provided for
in Article 7.14, Section 7, of the Election Code, V.A.T.C.S.,
as amended.
Each presiding judge shall appoint not less than two or
more than the maximum number of election clerks specified
above to serve at the polling place under his jurisdiction.
Eileen P. Hall is hereby appointed as the clerk for
absentee voting, and the:
Office of the City Clerk
City Hall
Baytown, Texas 77520
is hereby designated as the place for absentee voting for said
election. Said clerk shall keep said office open for at least
eight (8) hours, that is, from 8:00 a.m. to 5:00 p.m., on each
day for absentee voting which is not a Saturday, a Sunday, or
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an official State holiday; provided, however, except as autho-
rized by Article 5.05, Subdivisions 3d and 3e, Texas Election
Code, said clerk shall not permit anyone to vote absentee by
personal appearance on any day which is not a regular working
day for the clerk's office, and under no circumstances shall
she permit anyone to vote absentee by personal appearance at
any time when such office is not open.to the public.
By approving.and signing this ordinance the Mayor of the
City officially confirms his appointment of the aforesaid elec-
tion officers to serve at the election; and by adopting this
ordinance the City Council approves and concurs in the appoint-
ment of the aforesaid election officers.
Section 2. At said election the following PROPOSITIONS
shall be submitted in accordance with law: ,
PROPOSITION 1
SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS (THE
"CITY "), BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE
OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT
OF $1,550,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPEC-
TIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM
�. THEIR DATE, AT ANY PRICE OR PRICES AND 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, FOR THE PURPOSE OF PLANNING
AND ACQUIRING, ESTABLISHING, DEVELOPING, CONSTRUCTING, ENLARGING,
IMPROVING, OR EQUIPPING, AN AIRPORT OR AIR NAVIGATION FACILITY,
OR THE SITE THEREFOR, INCLUDING BUILDINGS AND OTHER FACILITIES
INCIDENTAL TO THE OPERATION THEREOF, AND THE ACQUISITION OR
ELIMINATION OF AIRPORT HAZARDS, AND TO LEVY AN ANNUAL TAX ON
ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE
INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE
A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES?
PROPOSITION 2
SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS (THE
"CITY "), BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE
OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT
OF $7,600,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPEC-
TIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM
THEIR DATE, AT ANY PRICE OR PRICES AND 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, FOR THE PURPOSE OF ACQUIRING
LAND FOR PARK PURPOSES, SAID LAND TO BE ACQUIRED FROM THE
UNITED STATES OF AMERICA PURSUANT TO THE "CORPS OF ENGINEERS
OF THE UNITED STATES BAYTOWN, TEXAS, PROJECT ", AND TO LEVY AN
ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT
TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE
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AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS
AS IT MATURES?
Section 3. Voting machines shall be used for said elec-
tion, except that paper ballots shall be used for absentee
voting by mail, and the official ballots for the election
shall be prepared in accordance with the Texas Election Code
so as to permit the electors to vote "FOR" or "AGAINST" the
aforesaid PROPOSITIONS, which shall be set forth on all offi-
cial ballots in substantially the following form:
OFFICIAL BALLOT
Each elector using voting machines and desiring to vote in
favor of a proposition shall move the voting pointer so as to
indicate "FOR" the proposition, and each elector desiring to
vote against a proposition shall move the voting pointer so
as to indicate "AGAINST" the proposition. Each absentee elec-
tor using a paper ballot shall vote on each proposition by
placing-an "X" or other clear mark in the square beside the
statement indicating the way such elector wishes to vote on
the proposition.
Section 4. Notice of such election shall be given by
posting a substantial copy of this ordinance in a public
place within each election precinct of the City and also at
the City Hall not less than fifteen days prior to the date
set for the election, and by publication thereof on the same
day in each 6f'"two'successive' weeks in'a newspaper of general
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B
PROPOSITION 1
[ ] FOR
} THE ISSUANCE OF $1,550,000
[ ] AGAINST
) - - -- AIRPORT BONDS
•
PROPOSITION 2
THE ISSUANCE OF $7,600,000
PARK BONDS (PARK LAND TO
[ ] FOR
} BE ACQUIRED FROM THE UNITED
) - - -- STATES OF AMERICA PURSUANT
[ ] AGAINST
) TO THE. "CORPS OF ENGINEERS
OF THE U. S. BAYTOWN, TEXAS
PROJECT ")
Each elector using voting machines and desiring to vote in
favor of a proposition shall move the voting pointer so as to
indicate "FOR" the proposition, and each elector desiring to
vote against a proposition shall move the voting pointer so
as to indicate "AGAINST" the proposition. Each absentee elec-
tor using a paper ballot shall vote on each proposition by
placing-an "X" or other clear mark in the square beside the
statement indicating the way such elector wishes to vote on
the proposition.
Section 4. Notice of such election shall be given by
posting a substantial copy of this ordinance in a public
place within each election precinct of the City and also at
the City Hall not less than fifteen days prior to the date
set for the election, and by publication thereof on the same
day in each 6f'"two'successive' weeks in'a newspaper of general
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B
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circulation in the City, the date of the first publication to
be not less than fourteen days prior to the date set for the
election.
Section 5. It is hereby officially found and determined
that the probable period of usefulness of each of the projects
described in the foregoing PROPOSITIONS is forty years.
l` Section 6. All or any portion of the bonds described in
the aforesaid PROPOSITIONS 1 and 2, the issuance of which is
approved at the election, may be combined and issued as one or
more issues or series of bonds.
Section 7. The issuance of the bonds described in the
aforesaid PROPOSITIONS 1 and 2 is hereby authorized subject to
approval at the election as hereinabove set out; and, subject
to said approval,at the election and during each year while
any of the bonds described in the aforesaid PROPOSITIONS 1 and
2 are outstanding and unpaid, the City Council shall compute
and ascertain a rate and amount of ad valorem tax which will
be sufficient to raise and produce the money required to pay
the interest on the bonds as such interest-comes due and to
provide and maintain a sinking fund adequate to pay the prin-
cipal of such bonds as such principal matures but never less
than 2% of the original principal amount of said bonds as a
sinking fund each year; and said tax shall be based on the
latest approved tax rolls of the City with full allowance being
made for tax delinquencies and the cost of tax collection.
Said rate and amount of ad valorem tax are hereby levied, and
are hereby ordered to be levied, against all taxable property
in the City for each year while any of said bonds or interest
coupons appertaining thereto are outstanding and unpaid; and
said tax shall be assessed and collected each such year. Said
ad valorem-tax sufficient to provide for the payment of the
interest on and principal of'said bonds, as such interest comes
due and such principal matures, is hereby pledged irrevocably
for such payment within the limits prescribed by law.
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Section B. Said election shall be held in accordance
with the Texas Election Code, except as modified by the Federal
Voting Rights Act of 1965,*as amended. -
Section 9. This ordinance was read once by the City
Council and shall take effect immediately.
Section 10. It is hereby officially found and determined
that the need of the City for such financing creates an emer-
gency and an urgent public necessity for'the holding, at the
scheduled time, of the meeting of the City Council at which
this ordinance is adopted and for the adoption of this ordi-
nance; and the NOTICE OF MEETING relating to said meeting and
heretofore posted by the City Clerk, and the posting thereof,
are hereby authorized, approved, adopted, and ratified.
PASSED AND APPROVED this 3rd day of July, 1979.
ATTEST: ayor
CITY OF BAYTOWN, TEXAS
d-11" ty Clerk
CITY OF BAYTOWN, TEXAS
(SEAL). ,
.,APP OVED
Attorney
CITY OF BAYTOWN, TEXAS
U3
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Minutes of the Special Meeting - July 3, 1979
With reference to the above ordinance, Councilwoman Wilbanks
moved for the adoption of the ordinance as presented with the
corrections noted by the City Attorney; Councilman Philips seconded
the motion.
Prior to this motion, Councilman Cannon had moved that the
propositions be reversed, that is that the issuance of $7,600,000
Park Bonds be Proposition No. 1, but this motion died for lack of
second. The vote on the motion is shown above. There being no
further business to be transacted, the meeting was adjourned.
. Z'i� z
Eileen P. Hall,- City Clerk
C�'