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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 2790 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 2 2791 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 3 2792 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. 4 2793 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. 4 2794 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 d:\MyDocuments\Council\00-0I\May\Canvass V otesMunicipalElection 5