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.
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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:
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KAY IIE DARNELL, City ClerkIPA
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APPROVED AS TO FORM:
CT&NACIO RAMIREZ, SR. C y Attorney
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