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CC Resolution No. 1928 - Canvass May 10, 2008 Election RESOLUTION NO. 1928 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE LOTH DAY OF MAY, 2008, FOR THE PURPOSE OF ELECTING 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 IOTH DAY OF MAY, 2008, FOR THE PURPOSE OF VOTING FOR OR AGAINST THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF BAYTOWN AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; FINDING THAT NOTICE OF THE REGULAR AND SPECIAL ELECTIONS WERE 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 January 24, 2008, 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 10, 2008, in the City of Baytown, Texas, for the purpose of electing the following members of the City Council: Council Member from District No. Four, Council Member from District No. Five, and Council Member from District No. Six; and WHEREAS, on January 24, 2008, 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 10, 2008, in the City of Baytown, Texas, for the purpose of voting for or against the reauthorization of the local sales and use tax in the City of Baytown at the rate of one-fourth of one percent to continue providing revenue for maintenance and repair of municipal streets; WHEREAS, on May 10, 2008, the regular and special municipal elections were held under and pursuant to the provisions of the Charter of the City and Ordinance No. 10,814 duly passed on January 24, 2008; and WHEREAS, on May 10, 2008, 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 19, 2008, canvassed the returns of the regular municipal election held for the purpose of electing 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 reauthorization of the local sales and use tax in the City of Baytown at the rate of one-fourth of one percent to continue providing 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: COUNCIL MEMBER DISTRICT NO. 4 Kyle (Coach) Bilnoski 22 votes David W. McElwrath 19 votes William (Terry) Sain 192 votes COUNCIL MEMBER DISTRICT NO. 5 Lynn A. Caskey, II 99 votes FOR COUNCIL MEMBER DISTRICT NO. 6 David McCartney 360 votes Sammy Mahan 285 votes PROPOSITION NO. 1 The reauthorization of the local sales and use tax in the City of Baytown at the rate of one-fourth of one percent to continue providing revenue for maintenance and repair of municipal streets For 1,087 votes Against 304 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 William (Terry) Sain received a majority of the votes cast at the election for the office of Council Member from District No. 4, and accordingly, William (Terry) Sain is hereby declared elected to the office of Council Member from District No. 4. Section 2: That Lynn A. Caskey, II, received a majority of the votes cast at the election for the office of Council Member from District No. 5, and accordingly, Lynn A. Caskey, II, is hereby declared elected to the office of Council Member from District No. 5. 2 Section 3: That David McCartney received a majority of the votes cast at the election for the office of Council Member from District No. 6, and accordingly, David McCartney is hereby declared elected to the office of Council Member from District No. 6. Section 4: That a majority of the votes cast for the special election concerning the reauthorization of the local sales and use tax in the City of Baytown at the rate of one-fourth of one percent to continue providing revenue for maintenance and repair of municipal streets and accordingly, such sales and use tax shall be imposed in accordance with Chapter 327 of the Texas Tax Code. Section 5: 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 6: 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 f t City Council of the City of Baytown, this the 19`I' day of May, 2008. STFrHFN H. DONCARLOS, Mayor ATTEST: LJ_)) KAY IIE DARNELL, City ClerkIPA � m APPROVED AS TO FORM: CT&NACIO RAMIREZ, SR. C y Attorney R1KarenTilesTity CouncillResolutions12008W1ay 191CanvassMny2008E"lection.doe 3