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CC Resolution No. 530 770 RESOLUTION NO. 530 A RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 3RD DAY OF APRIL, 1976 , FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS . ONE (1) , FOUR (4) , AND FIVE (5) TO SERVE REGULAR TWO YEAR TERMS ; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AND THAT SAID ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS . WHEREAS , pursuant to Article IX, Section 96 of the Charter of the City of Baytown, the City Council of said City, at its regular meeting on this 12th day of April , 1976, proceeded, as required by law, to canvass the returns of the Municipal Election held in the City of Baytown on the 3rd day of April , 1976 , for the purpose of electing three (3) Councilmen from the respective Districts Nos. One ( 1) , Four (4) , and Five (5) ; said Election having been held under and pursuant to the provisions of the Charter of said City and an ordinance duly passed on the 22nd day of January, 1976, calling said Election; and WHEREAS , said Election having been duly and regularly had and held as called in said Ordinance and according to law, and the returns thereof having been duly made and the Election Judges having certified the results of said Election , as hereinafter set out , and the City Council having duly and regularly canvassed the returns of said Election and finding that the total votes cast at said Election were as follows , to wit : FOR COUNCILMAN FROM DISTRICT NO. 1 Joe Gonzalez 242 Votes Robert W. Parker 823 Votes Clyde Pond 574 Votes Ted Kloesel 1475 Votes 771 FOR COUNCILMAN FROM DISTRICT NO. 4 Leon Cox, Jr. 1185 Votes E. C. "Jack" Kimmons 1736 Votes FOR COUNCILMAN FROM DISTRICT NO. 5 Gus S. Bradley, Jr. 765 Votes Roy Kervin 390 Votes Allen Cannon 1812 Votes WHEREAS , the City Council of the City of Baytown finds the Election returns as set out above to be accurate and correct and no Election protest or contest having been filed with said Council or instituted in connection with said Election; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS : Section 1 : That as shown above, no candidate received a majority of the votes cast at said Election for Councilman from District No. One (1) , and accordingly, it is necessary that a Run-Off Election be held to elect such Councilman . It is, therefore, ORDERED that a Special Run-Off Election be held between the two eligible candidates receiving the highest number of votes at said Election for the purpose of electing one of such candidates to said office . Section 2 : That E. C. "JACK" KIMMONS received a majority of the votes cast at said Election for the office of Council- man from District No. Four (4) ; and accordingly, the said E . C. "JACK" KIMMONS is hereby declared elected to the office of Councilman from District No. Four . -2- 772 Section 3 : That ALLEN CANNON received a majority of the votes cast at said Election for the office of Councilman from District No. Five ( 5) ; and accordingly, the said ALLEN CANNON is hereby declared elected to the office of Council- man from District No . Five. Section 4 : That the City Council of the City of Baytown further finds that the Notice of said Election was duly and properly given as required by law and as provided in the Ordinance calling said Election and that said 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. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown on this 12th day of April , 1976. TOM GENTRY, Mayor ATTEST: EILEEN P. HALL, 'City Clerk APPROVED: _/%J 9 NE EL RI HA DS N, City ttorney -3-