CC Resolution No. 1586 32
RESOLUTION NO. 1586
A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR
MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE
3RD DAY OF MAY,2003,FOR THE PURPOSE OF ELECTING ONE COUNCIL
MEMBER FROM DISTRICT NO. 2 AND ONE COUNCIL MEMBER FROM
DISTRICT NO. 3; 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, on February 13, 2003, the City Council of the City of Baytown ordered the
regular municipal election of the City of Baytown to be held between the hours of seven o'clock a.m.
and seven o'clock p.m. on May 3, 2003, in the City of Baytown, Texas, for the purpose of electing
the following members of the City Council:
Council Member from District No. One;
Council Member from District No. Two; and
Council Member from District No. Three; and
WHEREAS, on April 10, 2003, the City Council in accordance with law declared the
unopposed candidate for office of Council Member, District No. 1, elected; and
WHEREAS,on May 3,2003,the regular municipal election was held under and pursuant to
Article II, Section 12 of the Charter of the City of Baytown, Texas, the Texas Election Code, the
Order of the Court in Campos, et al. v. City of Baytown, et al., Ordinance No. 9513 duly passed on
February 13, 2003, and Resolution No. 1572 duly passed on the February 27, 2003; and
WHEREAS,pursuant to Chapter 67 of the Texas Election Code,the City Council of the City
of Baytown, at a special council meeting held on the May 7, 2003, canvassed the returns of the
regular municipal election held for the purpose of electing one council member from District No. 2
and one council member from District No. 3 (the "Election"); and
WHEREAS,the Election having been duly and regularly had and held 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 COUNCIL MEMBER DISTRICT NO. 2
Gil Gerlich 60 votes
Scott Sheley 187 votes; and
FOR COUNCIL MEMBER DISTRICT NO. 3
Mitchell Pearce 23 votes
Calvin Mundinger 307 votes
Cindy A. Gudgell 73 votes; and
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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 Scott Sheley received a majority of the votes cast at the Election for the
office of Council Member from District No. 2 and accordingly, Scott Sheley is hereby declared
elected to the office of Council Member from District No. 2.
Section 2: That Calvin Mundinger received a majority of the votes cast at the Election for
the office of Council Member from District No. 3, and accordingly, Calvin Mundinger is hereby
declared elected to the office of Council Member from District No. 3.
Section 3: 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 Ordinance 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 4: 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, 2003.
/�� e'
PETE C. ALFARO, Mayor
ATTEST:
aX
SMITH, City Clerk
APPROVED AS TO FORM:
e-WNACIO RAMIREZ, ., City Attorney
FAKaren\FilesVCity CounciFOrdinancesVCanvassVotesMunicipalElectionMay2003_.doc
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