CC Resolution No. 1130 2032
RESOLUTION NO. 1130
A RESOLUTION CANVASSING THE RETURNS OF THE SPECIAL
ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 5TH OF
NOVEMBER, 1991, FOR THE PURPOSE OF AUTHORIZING THE SALE
OR EXCHANGE OF THE McELROY PARK LOCATION ON DECKER
DRIVE AND BAKER ROAD FOR A NEW PARK OF GREATER OR EQUAL
VALUE; DECLARING THE RESULTS OF SAID SPECIAL ELECTION;
FINDING THAT NOTICE OF SAID SPECIAL ELECTION WAS DULY
AND PROPERLY GIVEN AND THAT SAID SPECIAL 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 Section 67 . 003 of the Texas Election
Code, the City Council of said City, at a special meeting held on
the 7th day of November, 1991, proceeded, as required by law, to
canvass the returns of the Special Election held in the City of
Baytown on the 5th day of November, 1991, for the purpose of
authorizing the sale or exchange of the McElroy Park location on
Decker Drive and Baker Road for a new park of greater or equal
value; said Special Election having been held under and pursuant
to the provisions of the Charter of said City and an ordinance
duly passed on the 20th day of August, 1991, calling said Special
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 Special Election , as
hereinafter set out , and the City Council having duly and
regularly canvassed the returns of said Special Election and
finding that the total votes cast at said Special Election were
as follows, to-wit:
PROPOSITION NO. ONE
SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
BE AUTHORIZED TO SELL OR EXCHANGE THE McELROY PARK
LOCATION ON DECKER DRIVE AND BAKER ROAD FOR A NEW PARK
OF EQUAL OR GREATER VALUE?
FOR THE SALE OR EXCHANGE OF McELROY PARK 2, 654 votes
AGAINST THE SALE OR EXCHANGE OF McELROY PARK 1,957 votes
AND WHEREAS, the City Council of the City of Baytown finds
the Special Election returns set out above to be accurate and
correct and no Special Election protest or contest having been
filed with said Council or instituted in connection with said
Special Election returns; NOW THEREFORE,
2033
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1 : That a majority of the votes cast at said
Special Election were in favor of Proposition One, to wit: that
the City Council of the City of Baytown be authorized to sell or
exchange the McElroy Park location on Decker Drive and Baker Road
for a new park of equal or greater value; It is therefore ORDERED
that the McElroy Park location on Decker Drive and Baker Road be
sold or exchanged for a new park of equal or greater value.
Section 2 : That the City Council of the City of Baytown
further finds that in all matters relating to the ordering,
giving notice and holding of said Special Election that the City
has duly and properly complied with the applicable parts of the
Texas Election Code pertaining to bilingual requirements and the
Federal Voting Rights Act of 1965, as amended.
Section 3 : That the City Council of the City of Baytown
further finds that the notice of said Special Election was duly
and properly given as required by law and as provided in the
Ordinance calling said Special Election and that said Special
Election was duly and regularly held and the returns thereof duly
and regularly made by the proper officials of said Special
Election and in all things according to law.
Section 4: 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 7th day of
November, 1991.
-EMMETT O. HUTTO, Mayor
ATTEST:
EILE ,cJ
E P. HALL', City Clerk
l..r
(TUN
ACIO RAMIREZ, SE), City Attorney
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