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CC Resolution No. 1985 - Canvassing Returns of Election RESOLUTION NO.1985 87 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 9T"DAY OF MAY,2009,FOR THE PURPOSE OF ELECTING THE MAYOR OF THE CITY OF BAYTOWN;CANVASSING THE RETURNS OF THE SPECIAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 9T"DAY OF MAY,2009,FOR THE PURPOSE OF CONSIDERING AN INITIATIVE ORDINANCE WHICH EXEMPTS CERTAIN STAND-ALONE BARS FROM THE REQUIREMENTS OF THE SMOKING ORDINANCE; 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 22,2009,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 9,2009,in the City of Baytown.Texas,for the purpose of electing the Mayor of the City of Baytown;and WHEREAS,on February 26,2009,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 9,2009,in the City of Baytown,Texas,for the purpose of considering an initiative ordinance which exempts certain stand-alone bars from the requirements of the smoking ordinance:and WHEREAS,on May 9,2009,the regular and special municipal elections were held under and pursuant to the provisions of the ordinances calling the election as well as the provisions of the City's Charter and state law;and WHEREAS.on May 14,2009,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 19,2009,canvassed the returns of both the regular municipal election held for the purpose of electing the Mayor of the City of Baytown and the special election held for the purpose of considering a proposed initiative ordinance which exempts certain stand-alone bars from the requirements of the smoking ordinance(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: 88 MAYOR: Carlo C.Spitaleri...............153 votes Stephen DonCarlos..........1779 votes David Lee...........................408 votes Ali Cuellar............................67 votes PROPOSITION NO.1 The ordinance that exempts certain stand-alone bars from the requirements of the smoking ordinance. For......................................835 votes Against.....................1615 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 the City Council of the City of Baytown.Texas,hereby finds that the above-referenced recitals are true and correct. Section 2:That City Council of the City of Baytown.Texas,further finds that the notice of the Election was duly and properly given as required by law and as provided in the ordinances calling the Election and that the Election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of said Election and in all things according to law. Section 3:That Stephen DonCarlos received a majority of the votes cast at the election for the office of Mayor,and accordingly,Stephen DonCarlos is hereby declared elected to the office of Mayor of the City of Baytown. Section 4:That the initiative ordinance which exempts certain stand-alone bars from the requirements of the smoking ordinance did not receive a majority of the votes cast at the Election held for such proposition.and according the City Council of the City of Baytown. Texas,hereby declares that the following proposition is defeated: PROPOSITION NO.1 The ordinance that exempts certain stand-alone bars from the requirements of the smoking ordinance. Section 5:This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. 89 INTRODUCED,READ and PASSED by the affirniati/;votej,,,the City Council of the City of Baytown,this the 19th day of May,2009. S PhEWFI.DONCARLOS',Mayor ATT ST: �p.YTO�.yti .Off.'.....,'•e� f s "'KAY DARNE L,City Clerk=_ 3 APPROVED AS TO FORM: 4A 4f fgeZg�- ACIO RAMIREZ,SR.,City rney \\eobsrvl\Legal\Karen\Files\City CounciMesolutions\2009\May 19\CanvassMay2009Etection.doc