CC Resolution No. 1716 30
RESOLUTION NO. 1716
A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL
ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 7TH DAY OF MAY,
2005,FOR THE PURPOSE OF ELECTING ONE COUNCIL MEMBER FROM DISTRICT
NO. ONE, 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.
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WHEREAS, on January 27, 2005, 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 7,2005,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 May 7,2005,the regular municipal election was held under and pursuant to Article 11,
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.9985 duly passed on January 27,2005,and Resolution
No. 1700 duly passed on February 24, 2005; 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 16, 2005,canvassed the returns of the regular municipal
election held for the purpose of electing one council member from District No. 1, 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. 1
Fred S. Aguilar 189
Lawrence Wallace 46
Mercedes Renteria 111 202
FOR COUNCIL MEMBER DISTRICT NO. 2
Vivian Cisneros Hemphill 161
Scott Sheley 222
FOR COUNCIL MEMBER DISTRICT NO. 3
Sheryl G. Ward 334
Brandon Capetillo 342; 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 no candidate received a majority of the votes cast at the Election for the office of
Council Member from District No. 1 and that Fred S. Aguilar and Mercedes Renteria III received the most
votes for the office of Council Member from District No. 1 and accordingly will compete in a runoff election
on June 11, 2005, which has been called by the City Council via Ordinance No. 9985 passed on January 27,
2005.
Section 2: 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 3: That Brandon Capetillo received a majority of the votes cast at the Election for the
office of Council Member from District No.3,and accordingly,Brandon Capetillo is hereby declared elected
to the office of Council Member from District No. 3.
Section 4: 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 5: 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 16`h day of May, 2005.
CALVIN MUNDINGER, MSzyo
ATTEST:
rntfl-
-AR' W. SMITH. City Clerk
APPROVED AS TO FORM:
e�ItK
ACIO RAMIREZ, SR. ty Attorney
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