CC Resolution No. 1489 2789
RESOLUTION NO. 1489
A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR
MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE
5TH DAY OF MAY, 2001, FOR THE PURPOSE OF ELECTING ONE
COUNCILMEMBER FROM DISTRICT NO. ONE, ONE COUNCILMEMBER
FROM DISTRICT NO. TWO, ONE COUNCILMEMBER FROM DISTRICT NO.
THREE AND ORDERING A SPECIAL ELECTION FOR THE PURPOSE OF
VOTING FOR OR AGAINST PROPOSITION 1:THE ISSUANCE OF$20,375,000
STREET IMPROVEMENT BONDS; PROPOSITION 2: THE ISSUANCE OF
$3,250,000 DRAINAGE IMPROVEMENT BONDS; PROPOSITION 3: THE
ISSUANCE OF $2,175,000 BONDS FOR FIRE FIGHTING FACILITIES AND
EQUIPMENT; PROPOSITION 4: THE ISSUANCE OF $2,090,000 BONDS FOR
INFORMATION TECHNOLOGY AND EQUIPMENT; PROPOSITION 5: THE
ISSUANCE OF$1,250,000 COMMUNITY CENTER IMPROVEMENT BONDS;
PROPOSITION 6: THE ISSUANCE OF $350,000 PARK IMPROVEMENT
BONDS; AND PROPOSITION NO. 7: CREATING THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AND IMPOSING A SALES AND
USE TAX AT THE RATE OF ONE-HALF OF ONE PERCENT FOR THE
PURPOSE OF FINANCING DEVELOPMENT PROJECTS BENEFICIAL TO THE
DISTRICT;DECLARING THE RESULTS OF THE ELECTION;FINDING THAT
NOTICE OF THE 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,pursuant to Chapter 67 of the Texas Election Code,the City Council of the City
of Baytown, at a regular council meeting held on the 1 Oth day of May, 2001,proceeded, as required
by law,to canvass the returns of the Regular Municipal Election held in the City of Baytown on the
51h day of May, 2001, for the purpose of electing one councilmember from District No. 1, one
councilmember from District No. 2,one councilmember from District No.3,and canvass the returns
of the special election held for the purpose of voting for or against Proposition 1: the issuance of
$2,090,000 bonds for information technology and equipment; Proposition 2: the issuance of
$2,175,000 bonds for fire fighting facilities and equipment; Proposition 3: the issuance of
$1,250,000 Community Center improvement bonds; Proposition 4: the issuance of$20,375,000
street improvement bonds;Proposition 5: the issuance of$3,250,000 drainage improvement bonds;
Proposition 6: the issuance of$350,000 park improvement bonds; and Proposition No. 7: creating
the Baytown Municipal Development District and imposing a sales and use tax at the rate of one-
half of one percent for the purpose of financing development projects beneficial to the district(the
"Election");and the Election having been held under and pursuant to the provisions of the Charter of
the City and the ordinances duly passed on the 8th day of February, 2001, the 22nd day of February,
2001, and the 12th day of April, 2001 (the "Ordinances"); and
WHEREAS, the Election having been duly and regularly had and held as called for in the
Ordinances and according to law, and the returns thereof having been duly made and the Election
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Judges having certified the results of the Election,as hereinafter set out,and the City Council having
duly and regularly canvassed the returns of the Election and finding that the total votes cast at the
Election were as follows, to-wit:
FOR COUNCILMEMBER DISTRICT NO. 1
Mercedes Renteria, III 147 votes
Lawrence C. Wallace 86 votes
Victor Almendarez 73 votes; and
FOR COUNCILMEMBER DISTRICT NO. 2
Scott Sheley 171 votes
David Lloyd 62 votes; and
FOR COUNCILMEMBER DISTRICT NO. 3
Calvin Mundinger 440 votes
Kenneth D. Mayo 178 votes; and
PROPOSITION NO. 1
The issuance of$20,375,000 street improvement bonds.
For 1711
Against 624; and
PROPOSITION NO. 2
The issuance of$3,250,000 drainage improvement bonds.
For 1669
Against 629; and
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PROPOSITION NO. 3
The issuance of$2,175,000 bonds for fire fighting facilities and equipment.
For 1776
Against 619; and
PROPOSITION NO. 4
The issuance of$2,090,000 bonds for information technology and equipment.
For 1395
Against 958; and
PROPOSITION NO. 5
The issuance of$1,250,000 Community Center improvement bonds.
For 1368
Against 985; and
PROPOSITION NO. 6
The issuance of$350,000 park improvement bonds.
For 1411
Against 959; and
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PROPOSITION NO. 7
Creating the Baytown Municipal Development District and imposing a sales and use
tax at the rate of one-half of one percent for the purpose of financing development
projects beneficial to the district.
For 1166
Against 1161; and
WHEREAS,the City Council of the City of Baytown finds the 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 Election returns; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That no person received a majority of the votes cast at the Election for the
office of Councilmember No. 1, and accordingly, a runoff will be called and held.
Section 2: That Scott Sheley received a majority of the votes cast at the Election for the
office of Councilmember from District No.2,and accordingly,Scott Sheley is hereby declared elected
to the office of Councilmember from District No. 2.
Section 3: That Calvin Mundinger received a majority of the votes cast at the Election for
the office of Councilmember from District No. 3, and accordingly, Calvin Mundinger is hereby
declared elected to the office of Councilmember from District No. 3.
Section 4: That Proposition No. 1 regarding the issuance of $20,375,000 street
improvement bonds received a majority of the votes cast at the Election for said Proposition.
Section 5: That Proposition No. 2 regarding the issuance of $3,250,000 drainage
improvement bonds received a majority of the votes cast at the Election for said Proposition.
Section 6: That Proposition No. 3 regarding the issuance of$2,175,000 bonds for fire
fighting facilities and equipment received a majority of the votes cast at the Election for said
Proposition.
Section 7: That Proposition No. 4 regarding the issuance of $2,090,000 bonds for
information technology and equipment received a majority of the votes cast at the Election for said
Proposition.
Section 8: That Proposition No. 5 regarding the issuance of$1,250,000 Community
Center improvement bonds received amajority of the votes cast at the Election for said Proposition.
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PROPOSITION NO. 7
Creating the Baytown Municipal Development District and imposing a sales and use
tax at the rate of one-half of one percent for the purpose of financing development
projects beneficial to the district.
For 1166
Against 1161; and
WHEREAS,the City Council of the City of Baytown finds the 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 Election returns; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That no person received a majority of the votes cast at the Election for the
office of Councilmember No. 1, and accordingly, a runoff will be called and held.
Section 2: That Scott Sheley received a majority of the votes cast at the Election for the
office of Councilmember from District No.2,and accordingly,Scott Sheley is hereby declared elected
to the office of Councilmember from District No. 2.
Section 3: That Calvin Mundinger received a majority ofthe votes cast at the Election for
the office of Councilmember from District No. 3, and accordingly, Calvin Mundinger is hereby
declared elected to the office of Councilmember from District No. 3.
Section 4: That Proposition No. 1 regarding the issuance of $20,375,000 street
improvement bonds received a majority of the votes cast at the Election for said Proposition.
Section 5: That Proposition No. 2 regarding the issuance of $3,250,000 drainage
improvement bonds received a majority of the votes cast at the Election for said Proposition.
Section 6: That Proposition No. 3 regarding the issuance of$2,175,000 bonds for fire
fighting facilities and equipment received a majority of the votes cast at the Election for said
Proposition.
Section 7: That Proposition No. 4 regarding the issuance of $2,090,000 bonds for
information technology and equipment received a majority of the votes cast at the Election for said
Proposition.
Section 8: That Proposition No. 5 regarding the issuance of $1,250,000 Community
Center improvement bonds received a majority of the votes cast at the Election for said Proposition.
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Section 9: That Proposition No.6 regarding the issuance of$350,000 park improvement
bonds received a majority of the votes cast at the Election for said Proposition.
Section 10: That Proposition No.7 creating the Baytown Municipal Development District
and imposing a sales and use tax at the rate of one-half of one percent for the purpose of financing
development projects beneficial to the District received a majority of the votes cast at the Election
for said Proposition.
Section 11: That the City Council of the City of Baytown further finds that the notice of
the Election was duly and properly given as required by law and as provided in the Ordinances and
that the Election was duly and regularly held and the returns thereof duly and regularly made by the
proper officials of the Election and in all things according to law.
Section 12: 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 10`h day of May, 2001.
PETE C. ALFAR , Mayor
ATTEST: CC
lj IGA
G RY W. SMITH, City Clerk
APPROVED AS TTO FORM:
/
ACIO RAMIREZ, SR., Attorney
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