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
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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.
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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
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