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CC Resolution No. 2454 SOLUTION NO. 2454 A RESOLUTION CANVASSING THE RETURNS OF THE RUNOFF ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE IOTH DAY OF DECEE , 2016, FOR THE PURPOSES OF ELECTING A COUNCIL MEMBER FOR COUNCIL DISTRICT NO. THREE (3) OF THE CITY OF AYTO ; FINDING THAT NOTICE OF THE RUNOFF 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 December 10, 2016, the runoff election was held for the purposes of electing a Council Member for Council District No. Three (3) pursuant to the provisions of the ordinance calling the runoff election as well as the provisions of the City's Charter and state law; and WHEREAS, between December 8, 2016, and December 16, 2016, the early voting ballot board met to verify and count provisional ballots pursuant to Chapter 65 of the Texas Election Code; and WHEREAS, pursuant to Chapter 67 of the Texas Election Code, the City Council of the City of Baytown, at a special council meeting held on December 21, 2016, canvassed the returns of the runoff election held for the purposes of electing a Council Member for Council District No. Three (3) of the City of Baytown(the"Runoff Election"); and WHEREAS, the Runoff Election having been duly and regularly had and held according to law, and the returns thereof having been duly made and the Runoff Election Judges having certified the results of the Runoff Election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of the Runoff Election and finding that the total votes cast at the Runoff Election were as follows, to-wit: 0111 Total Percentage Spencer Carnes 142 47.02% Charles Johnson 160 52.98% Totals 302 WHEREAS, the City Council of the City of Baytown finds the Runoff Election returns set out above to be accurate and correct and no election protest or contest having been filed with the Council or instituted in connection with the Runoff Election returns; NOW THEREFORE E 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 Runoff Election was duly and properly given as required by law and as provided in the ordinance calling the Runoff Election and that the Runoff Election was duly and regularly held and the returns thereof duly and re nilarly made by the proper officials of said Runoff Election and in all things according to law. Section 3: That Charles Johnson received a majority of the votes cast at the Runoff Election for the office of Council Member District No. Three (3), and accordingly, Charles Johnson is hereby declared elected to the office of Council Member District No. Three (3) of the City of Baytown. Section 4: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of-the City Council of the City of Baytown, this the 21 day of December, 2016. .......... ST HEI H. DONCARL ayor ATT ST: L.bTICIA BRYSCH, Cit lerk A, a 416 APPROVED AS TO FORM: e-k1NX-C--10e2R—A�MIREZ, ., City Attomey COBFSO I\Legal"Karen'Files'City Council'Resolutions\2016\CanvassDecemberIORun0ffElection.doe 2