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CC Resolution No. 2271 RESOLUTION NO. 2271 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 5TH DAY OF NOVEMBER, 2013, FOR THE PURPOSES OF ELECTING COUNCIL MEMBERS FOR COUNCIL DISTRICTS ONE (1) AND TWO (2) 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 July 11, 2013, 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 5, 2013, in the City of Baytown, Texas, for the purposes of electing Council Members for Council District Nos. One (1), Two (2) and Three (3) of the City of Baytown; and WHEREAS, on September 12, 2013, the City Council cancelled the election for Council Member of Council District No. Three (3) pursuant to Section 2.051, et seq. of the Texas Election Code since Brandon Capetillo was the only candidate that filed for the Office of Council Member of Council District No. Three (3); and WHEREAS, on September 12, 2013, via Ordinance No. 12,334, Council declared Brandon Capetillo elected to the office of Council Member of Council District No. Three (3); and WHEREAS, on November 5, 2013, the regular municipal election was held for the purposes of electing Council Members for Council District Nos. One (1) and Two (2)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 October 23, 2013 and November 13, 2013, 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 18, 2013, canvassed the returns of the regular municipal election held for the purposes of electing Council Members for Council District Nos. One(1)and Two (2)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: Total Percentage Mercedes Renteria, III 232 53.58% Laura Alvarado 201 46.42% Totals 433 Total Percentage Scott Sheley 144 24.66% Chris Presley440 75.34% Totals 584 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 Mercedes Renteria, III, received a majority of the votes cast at the election for the office of Council Member District No. One (1), and accordingly, Mercedes Renteria, III, is hereby declared elected to the office of Council Member District No. One (1) of the City of Baytown. Section 4: That Chris Presley received a majority of the votes cast at the election for the office of Council Member District No. Two (2), and accordingly, Chris Presley is hereby declared elected to the office of Council Member District No. Two (2)of the City of Baytown. Section 5: 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 vSoheCity Council of the City of Baytown,this the 18`�'day of November, 2013. S EPNCARLOS, May 2 �-Mo'�' ATTEST: f 1� nl !r ,j LETICIA BRYSCH, •Ierk APPROVED AS TO FORM: NACIO RAMIREZ, SR.., City tomey RAKarcn\FilcslCityCouncillResolutions12013kNovcmbcr 181Ca:ivassNovcn7bcr5E"slcction.doc 3