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
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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
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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
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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
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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