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�
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"'KAY DARNE L,City Clerk=_
3
APPROVED AS TO FORM:
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ACIO RAMIREZ,SR.,City rney
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