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ORD 1065 08/22/2013 Or C,„ III7 A ,s tyO. a r O U� , 14 yyy�H/M/lM/In1I,re rex A.s "City of Choice" ORDINANCE NO. 10 6 5 ORDERING A SPECIAL ELECTION TO BE HELD ON TUESDAY,NOVEMBER 5,2013 FOR THE PURPOSE OF THE RECALL OF COUNCILMEMBERS FROM DISTRICT ONE, DISTRICT FOUR,DISTRICT FIVE,AND DISTRICT SIX WHEREAS,the City of Cibolo Charter provides a process for the recall of City Council members; and WHEREAS,on July 19,2013 petitions were submitted to the City Secretary of the City of Cibolo for the recall of four City Council members; and WHEREAS,the City Council members are represent District One,District Four,District Five,and District 6; and WHEREAS, the City Secretary verified that the recall petitions met the minimum signature requirements for acceptance; and WHEREAS,the pursuant to the City Charter Section 6.05 the petitions were properly presented to the City Council on Tuesday, July 30th, 2013; and 'WHEREAS,the City Council members subject to the recall petitions properly requested a public hearing as provided for in the City Charter section 6.06 and said public hearings were held on August 19th, 2013; and WHEREAS,the City Council hereby order's an election pursuant to Section 6.07 of the City Charter and that each Council Member subject to a recall petition be placed on a ballot for the question of their recall at a Special Election to be held on November 5, 2013. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS: SECTION ONE. ELECTION ORDER 1. In compliance with the Texas Election Codes,Cibolo Home Rule Charter,and Constitution of the State of Texas, a Special Election is hereby called and ordered for the first Tuesday in 1 November,2013,the same being the 5th day of said month,at which election all qualified voters may vote on proposed ordinances initiated pursuant to the City's Home Rule Charter; and 2. As soon as practical after the election and the declaration by the Council that the votes have been canvassed, the City Secretary shall certify to the Secretary of State an authenticated copy showing the results of the Special Election. 3. The election ordered herein shall be held as prescribed by law, at the following locations between the hours of 7:00 am and 7:00pm: 301 Santa Clara City Hall, 1653 N. Santa Clara Rd., Santa Clara 302 Marion Dolford Learning Center,200 W. Schlather Lane,Cibolo 303 Schertz Elections Office, 1101 Elbel Rd., Schertz 306 Crosspoint Fellowship Church,2600 Roy Richard Drive, Schertz 403 Knights of Columbus Hall, 509 Schertz Pkwy., Schertz 404 Schertz Community Center North(formerly Northcliffe Fire Station),3501 Morning Dr., Cibolo 405 St. John's Lutheran Church, 606 S. Center St.,Marion 406 New Berlin Community Center, 8815 FM 775,New Berlin 409 Elaine S. Schlather Intermediate School,230 Elaine S. Schlather Pkwy., Cibolo 4. Voting at said election shall be done as determined by the County Elections Officer of Guadalupe County,Texas. The equipment necessary for voting shall be available at the voting sites for the purpose of conducting early voting by personal appearance and at the Election Day voting site established for the purpose of voting by personal appearance on Election Day,Tuesday,November 5, 2013. The County Elections Officer of Guadalupe County, Texas is authorized and charged to perform the functions provided by law in the casting of early ballots and shall hold such elections, and ballots shall be cast commencing on October 21,2013 and ending on November 1,2013;all in the method,manner and time made and provided by the Statutes of the State of Texas on this subject. Early voting by personal appearance will be conducted at the following location at the specified. dates and times: Guadalupe County Office Building—Election Office, 1101 Elbel Road, Schertz, TX 78154.Dates:Monday,October 21,2013-Friday, October 25,2013 hours are 8:00 a.m.to 5:00 p.m. Saturday,October 26,2013 from 7:00am to 7:00 pm. Sunday,October 27,2013 from 1:00 pm to 6:00 pm.Monday October 28,2013 through Friday,November 1,2013 from 7:00 am to 7:00 pm. Election Day Location will be at the following locations from 7:00 a.m. to 7:00 p.m. 2 301 Santa Clara City Hall, 1653 N. Santa Clara Rd., Santa Clara 302 Marion Dolford Learning Center,200 W. Schlather Lane, Cibolo 303 Schertz Elections Office, 1101 Elbel Rd., Schertz 306 Crosspoint Fellowship Church,2600 Roy Richard Drive, Schertz 403 Knights of Columbus Hall, 509 Schertz Pkwy., Schertz 404 Schertz Community Center North(formerly Northcliffe Fire Station),3501 Morning Dr., Cibolo 405 St. John's Lutheran Church, 606 S. Center St.,Marion 406 New Berlin Community Center, 8815 FM 775,New Berlin 409 Elaine S. Schlather Intermediate School,230 Elaine S. Schlather Pkwy., Cibolo 5. The Mayor and City Council shall contract with the Guadalupe County through the Guadalupe County Clerk's Election's Office for the conduct of this election. The Guadalupe County Clerk's Election Department shall appoint the election officers to hold said election,in accordance with State Election Law,including an Early Balloting Board,Signature Verification Committee and the Central Counting Station representatives which shall count and canvass the early ballots cast at said election. 6. Notice of said election shall be given by publishing a substantial copy of this ordinance in a daily newspaper of general circulation published in the City not less than 30 days before the first date of the election. SECTION TWO. RECALL BALLOTS Pursuant to Section 6.08 of the City Charter the ballots for the special election shall be submitted to the qualified voters of the City at the special election with each Council Member being subject to recall only within their respective District, i.e. only those citizens in District 1 shall vote for the recall of Rod Pedde, only this citizens in District 4 shall vote for the recall of Karen Hale and so forth as follows: BALLOT DISTRICT ONE Shall Ron Pedde be removed from the office of Councilmember, District 1 by recall? YES NO BALLOT DISTRICT FOUR Shall Karen Hale be removed from the office of Councilmember,District 4 by recall? YES NO 3 BALLOT DISTRICT FIVE Shall Larry Carlton be removed from the office of Councilmember, District 5 by recall? YES NO BALLOT DISTRICT SIX Shall Steve Liparoto be removed from the office of Councilmember, District 6 by recall? YES NO SECTION THREE. This ordinance shall be effective on passage. PASSED AND APPROVED this 22nd day of August, 2013. APPROVED: c _.,,,,„„ ./. (0)4yr-Lovi,_ nnifer i an, ayor ATTEST: 2/._.e.. .../.9•47 _ ' Peggy Cimics, City Secretary � � ' '`h , 4