CC Resolution No. 2136 - CanvassMay2011Election RESOLUTION NO. 2136
A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR
MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON
THE 14TH DAY OF MAY, 2011, FOR THE PURPOSES OF ELECTING
COUNCIL MEMBERS FOR COUNCIL DISTRICTS FOUR (4), FIVE (5) AND
SIX (6) OF THE CITY OF BAYTOWN; CANVASSING THE RETURNS OF
THE SPECIAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON
THE 14TH DAY OF MAY, 2011, FOR THE PURPOSE OF CONSIDERING
WHETHER SCOTT SHELEY SHOULD BE REMOVED FROM THE OFFICE
OF COUNCIL MEMBER, DISTRICT TWO (2); FINDING THAT NOTICE OF
THE MUNICIPAL 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.
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WHEREAS, on January 27, 2011, 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 14, 2011, in the City of Baytown, Texas, for the purposes of
electing Council Members for Council Districts Four (4), Five (5) and Six (6) of the City of
Baytown; and
WHEREAS, on the same date, the City Council of the City of Baytown ordered a 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 14, 2011, in the City of Baytown, Texas, for the purpose of considering
whether Scott Sheley should be removed from the office of Council Member, District Two (2);
and
WHEREAS, on May 14, 2011, the regular and special elections were held under and
pursuant to the provisions of the ordinance calling the election as well as the provisions of the
City's Charter and state law; and
WHEREAS, on May 20, 2011, 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 23, 2011, canvassed the returns of
1. the regular election held for the purposes of electing Council Members for
Council Districts Four(4), Five (5)and Six (6) of the City of Baytown; and
2. the special election called for the purpose of considering whether Scott Sheley
should be removed from the office of Council Member, District Two (2)
(collectively the "Elections"); and
WHEREAS, the Elections 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 Elections and finding that the total votes cast at the Election were as
follows, to-wit:
Total Percentage
David Lee 77 27.70%
Terry Sain 201 72.30%
Total 278 97.54%
WIMM
Total Percentage
Robert C. Hoskins 229 81.21%
Lynn A. Caske , II 53 18.79%
Total 282 95.59%
Total Percentage
Sammy Mahan 225 43.19%
David McCartney 296 56.81%
Total 521 97.93%
Total Percentage
Yes 163 44.17%
No 206 55.83%
Total 369 99.46%
(collectively "Election Returns"); and
WHEREAS, the City Council of the City of Baytown finds the Election Returns set out
above to be accurate and correct and that no election protest or contest has been filed with the
City 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 ordinance
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.
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Section 3: That "ferry Sain received a majority of the votes cast at the election for the
office of Council Member District 4, and accordingly, Terry Sain is hereby declared elected to
the office of Council Member District 4 of the City of Baytown.
Section 4: That Robert C. Hoskins received a majority of the votes cast at the
election for the office of Council Member District 5, and accordingly, Robert C. Hoskins is
hereby declared elected to the office of Council. Member District 5 of the City of Baytown.
Section 5: That David McCartney received a majority of the votes cast at the election
for the office of Council Member District 6, and accordingly, David McCartney is hereby
declared elected to the office of Council Member District 6 ofthe City of Baytown.
Section 6: That the City Council finds that a majority of the electors in District 2 of
the City of Baytown voted "No"to the following Proposition at the Election:
PROPOSITION NO. I
Shall Scott Sheley be removed from the office of Councilmember,
District No. 2 by recall?
and accordingly, Scott Sheley is not recalled from the office of Council Member District 2 of the
City of Baytown.
Section 7: 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 23'd day of May, 2011.
AVID C AR7 -Y, Mayor ro " 'cm
A ST:
ETICIA BRYSCH, Cit lerk
APPROVED AS TO FORM:
et NACIO RAMIREZ, SR., City A orney
RAkaren\Fi1cs\City Councimesol tit ions12011Way 231CanvassMay201IElcction.doc
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