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Ordinance No. 11,801ORDINANCE NO.11,801 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 8TH DAY OF NOVEMBER, 2011,FOR THE PURPOSE OF REAUTHORIZING THE LOCAL SALES AND USE TAX AT A RATE OF ONE-FOURTH OF ONE PERCENT FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS;FINDING THAT NOTICE OF THE SPECIAL 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,onJuly28.2011.theCityCouncil of theCity of Baytown ordered aspecial election of theCity of Baytowntobeheldbetweenthehours of seven o'clock a.m.andseven o'clock p.m.on November 8.2011.forthepurpose of reauthorizing thelocal sales andusetaxat arate of one-fourth of onepercentfor maintenance and repair of municipal streets;and WHEREAS,on November 8,2011,thespecial election washeldunderandpursuantto the provisions of the ordinance calling theelectionas well asthe provisions of the City's Charter and state law;and WHEREAS,theearlyvotingballotboardsmettoverifyand count provisional ballots pursuant to Chapter 65 of the Texas Election Code;and WHEREAS,pursuant to Chapter 67 of the Texas Election Code,theCity Council of the City of Baytown,ataspecialcouncilmeeting held on November 21,2011.canvassed thereturns of thespecial election calledforthepurpose of reauthorizing thelocal sales andusetaxatarate of one-fourth of onepercentfor maintenance andrepair of municipal streets (the "Election");and WHEREAS,theElectionhavingbeendulyand regularly hadandheld according tolaw, andthereturns thereof havingbeendulymadeandthe Election Judges having certified the results of the Election,as hereinafter setout,andtheCityCouncilhavingdulyand regularly- canvassed the returns of the Elections andfindingthatthe total votes cast atthe Election were as follows,to-wit: PropositionNo.1 The reauthorization of the local sales and use tax in the City of Baytownattherate of one-fourth of onepercent to continue providingrevenuefor maintenance andrepair of municipal streets. For Against (collectively ''Election Returns");and Total Percentage 1005 80.21% 248 19.79% Total 1253 100% WHEREAS,the City Council of theCity of Baytown findsthe Election Returns setout abovetobe accurate andcorrectandthatno election protestor contest hasbeenfiledwiththe City Council or instituted in connection withthe Election Returns:NOW TIIEREFORE BE IT ORDAINED BYTIIE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1:That the City Council of theCity of Baytown.Texas,hereby findsthatthe above-referenced recitals are true and correct. Section2:That CityCouncil of theCity of Baytown.Texas,furtherfindsthatthenotice of theElectionwasdulyand properly givenasrequiredbylawandas provided inthe ordinance callingtheElectionandthattheElectionwasdulyandregularlyheldandthereturns thereof duly and regularly madebytheproper officials of saidElectionandinallthings according tolaw. Section 3:ThattheCityCouncilfindsthatamajority of the electors intheCity of Baytownvoted "For"concerning thefollowing proposition attheElection: PROPOSITION NO.1 The reauthorization of thelocalsalesandusetaxintheCity of Baytownattherate of one-fourth of one percent to continue providing revenue for maintenance and repair of municipal streets. and accordingly,thelocal sales andusetax of one-fourth of onepercentintheCity of Baytown is reauthorized toprovide continued revenuefor maintenance and repair of municipal streets. Section4:Thisordinanceshalltakeeffectimmediatelyfromandafteritspassageby theCity Council of theCity of Baytown. INTRODUCED.READ and PASSED by the affirmative vote c/the City Council of the Cityof Baytown.thisthe 2P1 dayof November.2011. DONCARLOS.Ma)jor \\Cobfs01\lcgiil\Karcii\l'ilcs\City Cuunc-il\Ordinanees\2011\Noyember21\DeGlaringResultsofNovember201IEIcction.doc 2