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CC Resolution No. 615 961 RESOLUTION NO. 615 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 1ST DAY OF APRIL, 1978 , FOR THE PURPOSE OF ELECTING A MAYOR FROM THE CITY AT LARGE TO SERVE THE REMAINDER OF A TWO-YEAR TERM AND THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS . ONE (1) , FOUR (4) , AND FIVE (5) TO SERVE REGULAR TWO YEAR TERMS; DECLARING THE RESULTS OF SAID ELECTION; 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 a special meeting held on this loth day of April , 1978, proceeded, as required by law, to canvass the returns of the Regular Municipal Election held in the City of Baytown on the lst day of April, 1978 , for the purpose of electing a Mayor from the City at large and 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 ordinances duly passed on January 26, 1978, February 23 , 1978 , and March 20, 1978 , calling said Election; and WHEREAS, said Election having been duly and regularly had and held as called in said ordinances 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 MAYOR (FROM CITY AT LARGE) Marshall Williams 709 votes E. C. "Jack" Kimmons 731 votes Emmett 0. Hutto 2, 520 votes Stephen R. Hudgins 112 votes 962 FOR COUNCILMAN DISTRICT NO. 1 Ted Kloesel 2, 574 votes Paul R. Henderson 1 , 238 votes FOR COUNCILMAN DISTRICT NO. 4 J. S. "Jimmy" Johnson, Jr . 1 ,661 votes Leon Cox, Jr. 1, 692 votes Bobby G. Eatherton 322 votes FOR COUNCILMAN DISTRICT NO. 5 J. P. "Pat" Deakle 699 votes Allen Cannon 21987 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 said Council or instituted in connection with said Election returns; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS : Section 1 : That as shown above , EMMETT HUTTO received a majority of the votes cast at said Election for the office of Mayor for the City at large, and accordingly, the said EMMETT HUTTO is hereby declared elected to the office of Mayor from the City at large. Section 2 : That TED KLOESEL received a majority of the votes cast at said Election for the office of Councilman from District No. One (1) , and accordingly , the said TED KLOESEL is hereby declared elected to the office of Councilman from District No. One (1) . Section 3 : That no candidate received a majority of the votes cast at said Election for the office of Councilman from District No. Four (4) , and accordingly, it is necessary that a Run-Off Election be held to elect a councilman; it is -2- 963 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 4 : 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 Councilman from District No. Five (5) . Section 5 : 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 ordinances 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, Texas, on this loth day of April , 1978 . TOM GENTRY, Mayor ATTEST: ���-- EILEEN P. HALL, City Clerk APPROVED: S640A )904,4 � SCOTT BOUNDS, City Attorney -3-