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CC Resolution No. 1725 42 RESOLUTION NO. 1725 A RESOLUTION CANVASSING THE RETURNS OF THE RUN-OFF ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 11TH DAY OF JUNE,2005, FOR THE PURPOSE OF ELECTING A COUNCIL MEMBER FROM DISTRICT NUMBER ONE; DECLARING THE RESULTS OF THE RUN-OFF ELECTION; FINDING THAT NOTICE OF THE RUN-OFF 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 special council meeting held on the 201h day of June, 2005,proceeded, as required by law, to canvass the returns of the run-off election held in the City of Baytown on the 11"h day of June, 2005, for the purpose of electing a council member from District No. 1 (the"Election"); the Election having been held under and pursuant to the provisions of the Charter of the City and the ordinance duly passed on the 27`h day of January, 2005 (the "Ordinance"); and WHEREAS, the Election having been duly and regularly had and held as called for in the Ordinance 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 COUNCIL MEMBER DISTRICT NO. 1 Fred S. Aguilar 351 votes Mercedes Renteria III 373 votes 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 Mercedes Renteria III received a majority of the votes cast at the run-off election for council member from District No. 1, and accordingly, Mercedes Renteria III is hereby declared elected to the office of council member for District No. 1 of the City of Baytown. Section 2: 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. 43 Section 3: 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 20° day of June, 2005. CALVIN MUNDINGER, Iv ATTEST: GARV W. SMITH, City Clerk APPROVED AS TO FORM: 10, NACIO RAMIREZ, S ity Attorney R:Ueanene\My Documents\Counci1\04-05\June 2nd\CanvassVotesRunoftElectionJune2005.doc 2