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CC Resolution No. 1651 40 RESOLUTION NO. 1651 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 15T'j DAY OF MAY, 2004, FOR THE PURPOSE OF ELECTING A MAYOR AT LARGE AND THREE COUNCIL MEMBERS FROM DISTRICT NOS. FOUR, FIVE AND SIX; CANVASSING THE RETURNS OF THE SPECIAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 15T" DAY OF MAY, 2004, FOR THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF A LOCAL SALES AND USE TAX IN THE CITY OF BAYTOWN AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; FINDING THAT NOTICE OF THE REGULAR AND SPECIAL ELECTIONS 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 12, 2004, 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 15, 2004, in the City of Baytown, Texas, for the purpose of electing the following members of the City Council: Mayor, at large, Council Member from District No. Four, Council Member from District No. Five, and Council Member from District No. Six; and WHEREAS, on February 12, 2004, the City Council of the City of Baytown ordered the special 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 15, 2004, in the City of Baytown, Texas, for the purpose of voting for or against the adoption of a local sales and use tax in the City of Baytown at the rate of one- fourth of one percent to provide revenue for maintenance and repair of municipal streets; WHEREAS, on May 15, 2004, the regular and special municipal election was held under and pursuant to the provisions of the Charter of the City and the Ordinance No. 9729 duly passed on February 12, 2004, and Resolution No. 1637 duly passed on the March 12, 2004; and WHEREAS, on May 22, 2004, the early voting ballot board met to verify and count provisional ballots pursuant to Chapter 65 of the Texas Election Code; 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 May 24, 2004, canvassed the returns of the regular municipal election held for the purpose of electing a mayor and one council member from District No. 4, one council member from District No. 5, and one council member from District No. 6; and the special election held for the purpose of voting for or against the adoption 41 of a local sales and use tax in the City of Baytown at the rate of one-fourth of one percent to provide revenue for maintenance and repair of municipal streets; (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 MAYOR, AT LARGE Calvin Mundinger 2,184 votes Mercedes Renteria, III 741 votes COUNCIL MEMBER DISTRICT NO. 4 Don Murray 449 votes COUNCIL MEMBER DISTRICT NO. 5 Ronnie Anderson 450 votes FOR COUNCIL MEMBER DISTRICT NO. 6 Dave Jirrels 336 votes Sammy Mahan 417 votes Jerry L. Doyle, Sr. 22 votes PROPOSITION NO. 1 THE ADOPTION OF A LOCAL SALES AND USE TAX IN THE CITY OF BAYTOWN AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS For 1,642 votes Against 1,331 votes; 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 Calvin Mundinger received a majority of the votes cast at the election for the office of Mayor, and accordingly, Calvin Mundinger is hereby declared elected to the office of Mayor of the City of Baytown. 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. 2 42 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 Sammy Mahan received a majority of the votes cast at the election for the office of Council Member from District No. 6, and accordingly, Sammy Mahan is hereby declared elected to the office of Council Member from District No. 6. Section 5: That a majority of the votes cast for the special election concerning the adoption of a local sales and use tax in the City of Baytown at the rate of one-fourth of one percent to provide revenue for maintenance and repair of municipal streets were in favor of such adoption, and accordingly, such sales and use tax shall be imposed in accordance with Chapter 327 of the Texas Tax Code. 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 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 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 24th day of May, 2004. PETE C. ALFARO, Mayor ATTEST: _ �, SMITH, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., C ttorney VABdc2Vlitigation\Karen\FilesVCity Council\ResolutionsVCanvassMay2004EIection.doc 3