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CC Resolution No. 1543 24 RESOLUTION NO. 1543 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 4TH DAY OF MAY,2002,FOR THE PURPOSE OF ELECTING ONE COUNCIL MEMBER FROM DISTRICT NO. 4, ONE COUNCIL MEMBER FROM DISTRICT NO. 5, ONE COUNCIL MEMBER FROM DISTRICT NO. 6,AND A MAYOR FROM THE CITY AT LARGE,AND CONSIDERING THE ADOPTION OF CHARTER AMENDMENT REGARDING FIRE DEPARTMENT STAFFING; 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 7`h day of May,2002,proceeded,as required by law,to canvass the returns of the Regular Municipal Election held in the City of Baytown on the 41h day of May, 2002, for the purpose of electing one council member from District No. 4,one council member from District No. 5,one council member from District No. 6,a Mayor from the city at large, and considering the adoption of a charter amendment regarding fire department staffing, (the "Election");the Election having been held under and pursuant to the provisions of the Charter of the City and the ordinances duly passed on the 141h day of February and the 281h day of February(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 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 MAYOR AT LARGE Charles "T-Bone" Shaffer 2,085 votes Pete C. Alfaro 2,046 votes David Evans 706 votes; and FOR COUNCIL MEMBER DISTRICT NO. 4 Russell Henry Thomas Lorfing 266 votes Don Murray 583 votes; and 25 FOR COUNCIL MEMBER DISTRICT NO. 5 Ronnie Anderson 400 votes; and FOR COUNCIL MEMBER DISTRICT NO. 6 James Coleman Godwin 601 votes; and PROPOSITION NO. 1 Adding Article II "The Council," Section 22.1 "Fire department staffing"to the Charter of the City of Baytown to require a minimum of five fire stations,a minimum of one fire emergency vehicle at each station and a minimum of four personnel, consisting of one officer, one fire equipment operator and two firefighters at each station. This Charter amendment shall become effective as of October 1, 2002. For 2,579 Against 1,502 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 candidate received a majority of the votes cast at the Election for the office of Mayor from the city at large and that Charles"T-Bone"Shaffer and Pete C.Alfaro,received the most votes for the office of Mayor and accordingly will compete in a runoff election,which shall be called by the City Council and held not earlier than the 20'h or later than the 30`°day after the date of the passage of this resolution. Section 2: That Don Murray received a majority of the votes cast at the Election for the office of Council Member from District No. 4, and accordingly, Don Murray is hereby declared elected to the office of Council Member from District No. 4. Section 3: That Ronnie Anderson received a majority of the votes cast at the Election for the office of Council Member from District No. 5, and accordingly, Ronnie Anderson is hereby declared elected to the office of Council Member from District No. 5. Section 4: That James Coleman Godwin received a majority of the votes cast at the 2 26 Election for the office of Council Member from District No. 6, and accordingly, James Coleman Godwin is hereby declared elected to the office of Council Member from District No. 6. Section 5: That Proposition No. 1 regarding adopting a charter amendment regarding fire department staffing received a majority of the votes cast at the Election for said Proposition. Section 6: 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 7: 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 7th day of May, 2002. PETE C. ALFARO, Mayor ATTEST: i(X GAIVY W. .SMITH, City Clerk APPROVED AS TO FORM: dingACIO RAMIREZ, SR.,WAty Attorney F:Karen\Files\City Council\Resolutions\CanvassVotesMwiicipa@Icc6on5702.doc 3 CERTIFICATION I, GARY W. SMITH, the duly appointed and acting City Clerk of the City of Baytown, Harris County, Texas, do hereby certify and attest that as part of my duties, I do supervise and act as lawful custodian of the records of the City of Baytown; that the attached document is a true and correct copy of Resolution 1543. RESOLUTION NO. 1543 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 4TH DAY OF MAY, 2002, FOR THE PURPOSE OF ELECTING ONE COUNCIL MEMBER FROM DISTRICT NO. 4, ONE COUNCIL MEMBER FROM DISTRICT NO. 5, ONE COUNCIL MEMBER FROM DISTRICT NO. 6, AND A MAYOR FROM THE CITY AT LARGE, AND CONSIDERING THE ADOPTION OF CHARTER AMENDMENT REGARDING FIRE DEPARTMENT STAFFING; 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. Adopted by the City Council at its Meeting held on May 7, 2002. WITNESS MY HAND AND SEAL of the City on July 17, 2002. G W Smith, City Clerk (SEAL) AUTHENTICATION OF CHARTER AMENDMENT At the Special Municipal Election of the City of Baytown, as prescribed in Article XII Section 138 of the Charter of the City of Baytown and pursuant to Sections 41.001 and 41.031 of the Texas Election Code, held between the hours of seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m. on the 4th day of May, 2002, in the City of Baytown, Texas, the voters did vote to amend (by 2,579 votes for and 1,502 votes against) Article II "The Council," of the Charter of the City of Baytown by adding section 22.1 "Fire department staffing"which reads as follows: ARTICLE II. THE COUNCIL Sec. 22.1. Fire department staffing. The fire department of the city shall maintain and operate a minimum of five (5) fire stations. Each fire station shall have in operation at all times a minimum of one (1) fire emergency vehicle, which shall be staffed by a minimum of four (4) personnel, including one (1) officer, one (1) fire equipment operator, and two (2) fire fighters. Authenticated this 17th day of July, 2002. J y • _ - = G W. mith - City Clerk The State of Texas Statutory Documents �); ���� ��'ll, Phone:512-463-5654 P.O.Box 12887 ' o�n��,� t Fax:512-463-0873 Austin,Texas 78711-2887 TTY:7-1-1 www.sos.state.tx.us Gwyn Shea Secretary of State July 22,2002 Mr. Gary M.Jackson Interim City Manager City of Baytown 2401 Market Street P.O.Box 424 Baytown,Texas 77522-0424 Re: Charter Amendments Dear Mr.Jackson: I am returning the enclosed documents as they do not meet the requirements of Local Government Code Section 9.007. § 9.007. Certification of Charter or Amendment (a) As soon as practicable after a municipality adopts a charter or charter amendment, the mayor or chief executive officer of the municipality shall certify to the secretary of state an- authenticated copy of the charter or amendment under the municipality's seal showing the approval by the voters of the municipality. Please note that these documents need to be certified by the mayor under the seal of the city. Once this had been completed, please return these documents to my attention at the above noted address for filing. Thank you for your assistance to this request. Sincerely, Linda Stout Director Statutory Documents ST/ls - Enclosure The State of Texas Statutory Documents 0;F Phone:512-463-5654 P.O.Box 12887 ?� �> Fax:512-463-0873 Austin,Texas 78711-2887 ��:r / TTY:7-1-1 www.sos.state.tx.us Gwyn Shea Secretary of State August 1,2002 Mr. Gary W. Smith City Clerk City of Baytown P.O.Box 424 Baytown,TX 77522-0424 RE: Charter Amendment Dear Mr. Smith: This is to inform you that the above documents were filed in this office on August 1,2002. These documents were recorded in Book 65; pages 31 - 35 in the Book of City Charters and Amendments. Sincerely, c7cyt_eza...)7‘44u,ext...___ Linda Stout Director Statutory Documents ST/ls City of Baytown BAYTOWN July 29,2002 Linda Stout Director, Statutory Documents Secretary of State P. O. Box 12887 Austin, Texas 78711-2887 Re: Amendment of Charter, City of Baytown Dear Ms. Stout: Pursuant to Texas Local Government Code, Section 9.007, I am providing you with an authenticated copy of the amendment of our Charter that was approved by the voters on May 4, 2002. Sincerely, 4I, s!iP f, Smith City Clerk Enclosure. 2401Market Street P.O. Box 424 Baytown,Texas 77522-0424 (281)422-8281 Fax (281)420-6586 baytown@baytown.org 1 AUTHENTICATION OF CHARTER AMENDMENT At the Special Municipal Election of the City of Baytown, as prescribed in Article XII Section 138 of the Charter of the City of Baytown and pursuant to Sections 41.001 and 41.031 of the Texas Election Code, held between the hours of seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m. on the 4th day of May, 2002, in the City of Baytown, Texas, the voters did vote to amend (by 2,579 votes for and 1,502 votes against) Article II "The Council," of the Charter of the City of Baytown by adding section 22.1 "Fire department staffing"which reads as follows: ARTICLE II. THE COUNCIL Sec. 22.1. Fire department staffing. The fire department of the city shall maintain and operate a minimum of five (5) fire stations. Each fire station shall have in operation at all times a minimum of one (1) fire emergency vehicle, which shall be staffed by a minimum of four (4) personnel, including one (1) officer, one (1) fire equipment operator, and two (2) fire fighters. Authenticated this 29th day of July, 2002. (seal) /c�T� C Pete C. Alfaro Mayor