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CC Resolution No. 2685RESOLUTION NO. 2,685 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 3RD DAY OF NOVEMBER, 2020, FOR THE PURPOSES OF ELECTING COUNCIL MEMBERS FOR COUNCIL DISTRICTS FIVE (5) AND SIX (6) OF THE CITY OF BAYTOWN; 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. WHEREAS, on June 25, 2020, 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 November 3, 2020, in the City of Baytown, Texas, for the purpose of electing Council Members for Council District Nos. Four (4), Five (5) and Six (6) of the City of Baytown; and WHEREAS, on September 10, 2020, the City Council canceled the election for Council Member of Council District No. Four (4) pursuant to Section 2.051, et seq. of the Texas Election Code since Heather Betancourth was the only candidate that filed for the Office of Council Member of Council District No. Four (4); and WHEREAS, on September 10, 2020, via Ordinance No. 14,482, Council declared Heather Betancourth elected to the office of Council Member of Council District No. Four (4); and WHEREAS, on November 3, 2020, the regular municipal election was held for the purpose of electing Council Members for Council District Nos. Five (5) and Six (6) 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, between November 2, 2020, and November 16, 2020, 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 November 17, 2020, canvassed the returns of the regular municipal election held for the purposes of electing Council Members for Council District Nos. Five (5) and Six (6) of the City of Baytown (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: 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 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. Section 3: That no candidate received a majority of the votes cast at the election for the office of Council Member District Nos. Five (5) and Six (6), and accordingly, a runoff election will be necessary between the following candidates who received the highest and second highest number of votes in the municipal election held on November 3, 2020: Thomas Parent Jacob Powell Mike Lester Susan Cummings 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 171h day of November, 2020. ND N CAPETI LO, Mayor 7A EST: L TICIA BRYSCH, ty Clerk APPROVED AS TO FORM: KAREN L. HORNER, City Attorney 6OO° 0 B �s e ° FOFI R: Karen Anderson RESOLUTIONS CITY COUNCIL2020.11.17 Resolution - Canvass of Election Results (I 1.03.2020).doc