ORD 1066 08/26/2013 oFci
iliKho
E
4
Te.x P,
"City,of Choice"
ORDINANCE NO. 10 6 6
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS
PROVIDING ORDER AND NOTICE OF A SPECIAL
ELECTION TO BE HELD ON NOVEMBER 5th 2013 FOR
THE PURPOSE OF SUBMITTING TO THE QUALIFIED
VOTERS, FOR ADOPTION OR REJECTION, A
PROPOSED ORDINANCE REGULATING THE SALE OF
ALCOHOL SUBMITTED TO THE CITY COUNCIL
PURSUANT TO THE CITY OF CIBOLO CHARTER ON
INITIATIVES.
WHEREAS,the City Charter of the City of Cibolo, Texas,provides for the Citizens of Cibolo to
initiate legislation pursuant to Section 6.13 of said Charter, and
WHEREAS, on August 9th, 2013the City Secretary received an initiative petition for an
ordinance to regulate the sale of alcohol; and
WHEREAS, City Council had decided to submit said petition to the citizens for a vote at a
properly ordered election; and
WHEREAS, the laws of the State of Texas further provide that Section 3.001 of the Election
Code of the State of Texas is applicable to said elections, and in order to comply with said Code,
an Order should be passed ordering said election and establishing the procedure to be followed in
said election, and designating the voting place for said election; and
WHEREAS, the City Council of the City of Cibolo, Texas, hereby orders a special election, to
be held on Novembers, 2013, for a vote of the electors as to the following initiative.
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 November, 2013, the same being the 5th day of said month, at which election all
qualified voters may vote on a proposed ordinance regulating the sale of alcohol initiated
pursuant to the City's Home Rule Charter; and
1
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.
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
2
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. ORDINANCES
The following initiated ordinance will be submitted to the qualified voters of the City at the
Special Electionas follows:
"it shall be unlawful for any person to sell or engage in the business of selling alcoholic
beverages within The City where the place of business is within 300 feet of any church,public
school,or private school.The measurement of the distance between the place of business
where alcoholic beverages are sold and the church shall be along the property lines of the
street fronts and from front door to front door,and in direct line across intersections.The
measurement of the distance between the place of business where alcoholic beverages are
sold and the public schools shall be in a direct line from the property line of the public school
or private school to the property line of the place of business,and in a direct line across
intersections."
For the Ordinance
Against the Ordinance
SECTION THREE. This ordinance shall be effective on passage.
PASSED AND APPROVED this 26thday of August, 2013.
APPROVED:
�u P�"fsicollina44J
nnifer I artman, Mayor
ATTEST:
Peggy Cimics, City Secretary
• A • 3