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"City of Choice"
ORDINANCE NO. 9 2 0
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, GUADALUPE COUNTY, TEXAS, CALLING A JOINT
ELECTION WITH THE CITY OF CIBOLO, CITY OF SCHERTZ
AND SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT
SCHOOL DISTRICT (SCUCISD) ELECTION TO BE HELD ON
SATURDAY, MAY 8, 2010 FOR THE PURPOSE OF THE
ELECTING COUNCIL MEMBERS TO PLACE 1, 4, 5 AND 6 FOR
SAID CITY AND MAKING PROVISION FOR THE CONDUCT OF
A JOINT ELECTION.
WHEREAS, the City of Cibolo, Texas, regular municipal election for Council Member
Place 1, 4, 5 and Place 6 are scheduled for May 2009;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
GUADALUPE COUNTY,TEXAS...
SECTION 1. A municipal election is hereby ordered to be held at the Cibolo Municipal
Offices, 200 South Main, Cibolo, Texas on the authorized uniform election date of
Saturday, the 8th of May, 2010 at which time shall be submitted to the qualified voters of
the City the following Council Member elections;
SELECT ONE INDIVIDUAL FOR EACH COUNCIL/MAYOR POSITION
For Council Member, Place No. 1: o
1
For Council Member, Place No. 4: ❑
For Council Member,Place No. 5 o
For Council Member, Place No. 6 o
SECTION 2. Individual obtaining the highest number of votes in the Council position
shall be elected to said office when the City Council has canvassed the election results
and enters and order stating the same.
SECTION 3. As soon as practical after the election and the declaration by the Council
that the votes have been canvassed, the City Manager shall certify to the Secretary of
State an authenticated copy showing approval or disapproval by the voters of the elected
Councilmember.
SECTION 4. The foregoing municipal election is hereby ordered to be held on
Saturday, the 8th of May, 2010 in accordance with the laws of Texas, and the provisions
of the Charter of the City of Cibolo, and the official ballots for said election shall be
prepared in accordance with the Texas Election Code for the election.
SECTION 5. The election ordered herein shall be held as prescribed by law, in the City
of Cibolo at Cibolo Municipal Offices, 200 South Main St. in the City of Cibolo between
the hours of 7:00 a.m. and 7:00 p.m.
SECTION 6. Voting at said election shall be done by the use of Diebold Touch Screens
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, Saturday,
May 8, 2010. 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 April 26, 2010 and
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ending on May 4, 2010 with the exception of Saturdays, Sundays, and official State
holidays at the Guadalupe County Office Building 1101 Elbel Road, Schertz, Texas; all
in the method, manner and time made and provided by the Statutes of the State of Texas
on this subject. The hours for early voting shall be from, 8:00 a.m. to 5:00 p.m., Monday,
April 26, 2010 through Friday, April 30, 2010 and from 7:00 a.m. to 7:00 p.m. on May 3,
2010 and May 4, 2010.
SECTION 7. 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.
SECTION 8. 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 9. This ordinance shall be effective on passage.
PASSED AND APPROVED this 26th day of January, 2010.
APPROVED:
Q\h4L �
Je ifer 'art man, Mayor
ATTEST:
/ r g ‘,7 22-e;--o
Peggy Cimics, City Secretary
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RESOLUTION NO. 10-R-04
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, CALLING A JOINT ELECTION WITH THE
CITY OF SCHERTZ, THE CITY OF CIBOLO AND SCHERTZ-
CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
(SCUCISD) AUTHORITY TO BE HELD ON MAY 8, 2010 FOR THE
PURPOSE OF ELECTING A MAYOR AND COUNCILMEMBERS
FOR PLACE 1, PLACE 2 AND FOR THE ONE-YEAR EXPIRED
TERM OF COUNCILMEMBER PLACE 4 FOR SAID CITY;
MAKING PROVISION FOR THE CONDUCT OF A JOINT
ELECTION; CONTRACTING WITH THE ELECTIONS
ADMINISTRATOR OF GUADALUPE COUNTY TO CONDUCT
THIS ELECTION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
SECTION 1. An election shall held on May 8, 2010 in and throughout the City of
Schertz, Texas (the"City"), for the purpose of electing a Mayor and Council Places 1 and
2, which are currently held by Hal Baldwin — Mayor, Place 1 - Councilmember Jim
Fowler, and Place 2 - Councilmember David Scagliola. The City will also be conducting
a Special Election to fill the vacancy in Council Place 4—one year unexpired term.
SECTION 2. The City will hold a joint election with the Schertz-Cibolo-Universal City
Independent School District (the "District") and the City of Cibolo provided pursuant to
the provisions of a joint election agreement between the City of Schertz, the SCUC
Independent School District, and the City of Cibolo adopted in accordance with the
provisions of Section 271.002, as amended, Texas Election Code(the"Code").
SECTION 3. The City will enter into an agreement with the Elections Administrator of
Guadalupe County (the "Guadalupe County Elections Administrator") to conduct all
aspects of this election.
SECTION 4. At said election, the candidate receiving the most votes for Mayor,
Councilmember's Place 1, Place 2, respectively, is declared elected for a term to expire in
May 2012, and the candidate receiving the most votes for Councilmember Place 4
unexpired term, respectively, is declared elected for a term to expire in May 2011. Any
candidate desiring to have his or her name on the Official Ballot for said election shall,
no sooner than February 6, 2010 and no later than March 8, 2010, file with the City
Secretary an application in writing in the form prescribed by the Texas Election Code
requesting that his or her name be placed on the Official Ballot and declaring as a
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candidate for Mayor and Councilmembers for Place 1, Place 2, or Place 4. Any person
failing to file said written application for candidacy by the time aforesaid shall not be
entitled to have his or her name printed on the Official Ballot. The name of all eligible
candidates whose applications have been duly and timely filed shall be placed on the
ballot pursuant to a drawing as provided by law.
SECTION 5. Pursuant to Section 61.012, as amended, Texas Election Code, the City
shall provide at least one accessible voting system in each polling place used in the
election. Such voting system shall comply with Texas and federal laws establishing the
requirement for voting systems that permit voters with physical disabilities to cast a
secret ballot. Touch screen machines shall be used for early voting and election day
voting by personal appearance. Certain early voting may be conducted by mail. The
Guadalupe County Elections Administrator shall also utilize a Central Counting Station
(the "Station") as provided by Section 127.001, et seq., as amended, Texas Election
Code. Guadalupe County Administrator, Sue Basham will serve as Early Voting Clerk
and will appoint the Election Judges and Clerks for each station location, and establish a
written plan for the orderly operation of the Station locations in accordance with the
provisions of the Texas Election Code. The Guadalupe County Elections Administrator
will appoint the Tabulation Supervisor which will also serve as the Programmer for the
Stations. Lastly, the Guadalupe County Elections Administrator will publish notice and
conduct testing on the automatic tabulation equipment relating to the Stations and
conduct instruction for the officials and clerks for the Stations in accordance with the
provisions of the Texas Election Code.
SECTION 6. The City election precincts established for this election shall be the
precincts named on Exhibit A attached hereto. A list of the City election precincts and
the polling places designated for each such election precinct are identified on Exhibit A
to this Resolution, and this Exhibit is incorporated by reference for all purposes. At least
63 days prior to the scheduled election date, the Council, in coordination with the
Guadalupe County Elections Administrator, will identify and formally approve the
appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all
other election officials for this election.
Each Presiding Judge shall appoint not less than two (2) resident qualified voters of the
County to act as clerks to properly conduct the election. However, if the Presiding Judge
appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks.
The appointment of such clerks may include a person fluent in the Spanish language to
serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid
at the polls on the day of the election. In the absence of the Presiding Judge named
above, the Alternate Presiding Judge shall perform the duties of the Presiding Judge.
The election shall be held in the Schertz Community Center, Bldg. 3, 1400 Schertz
Parkway, Schertz, Texas 78154 as prescribed by applicable law and on the day of the
election, the polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m.
The Guadalupe County Elections Office, 1101 Elbel Road, Schertz, Texas 78154, is
hereby designated as the main early voting place at which early voting shall be
conducted. Sue Basham, the Elections Administrator of Guadalupe County (whose
mailing address is Post Office Box 1346, Seguin, Texas 78156) is hereby appointed as
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the Early Voting Clerk to conduct such early voting in the election. The Early Voting
Clerk shall appoint not less than two (2) Deputy Early Voting Clerks in accordance with
the provisions of the Texas Election Code. Early voting shall be conducted at the main
early voting place from April 26, 2010 through May 4, 2010, with the exception of
Saturdays, Sundays, and official State holidays. The hours for early voting shall be from,
and from 8:00 a.m. to 5:00 p.m., Monday, April 26, 2010 through Sunday May 2, 2010
and from 7:00 a.m. to 7:00 p.m. on May 3, 2010 and May 4, 2010 on all other early
voting days. Applications for ballots by mail must be received by the Early Voting Clerk
not later than the close of business on April 30, 2010.
An Early Voting Ballot Board is hereby established for the purpose of processing early
voting results. Sue Basham, Elections Administrator will appoint the Presiding Judge of
the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2)
nor more than ten (10) resident qualified voters of the County to serve as members of the
Early Voting Ballot Board.
SECTION 7. All resident qualified voters of the City shall be permitted to vote at the
early voting location and on the day of the election, such voters shall vote at any one of
the designated polling places. The election shall be held and conducted in accordance
with the provisions of the Texas Election Code, as amended, and the provisions of Texas
Revised Civil Statutes Annotated Chapter 1 of Title 22, as amended, and as may be
required by any other law. All election materials and proceedings shall be printed in both
English and Spanish.
SECTION 8. A substantial copy of this Resolution shall serve as a proper notice of the
election. This notice, including a Spanish translation thereof', shall be posted at the City
Hall not less than twenty-one (21) days prior to the date the election is to be held, and be
published in a newspaper of general circulation in the City, not more than thirty (30)
days, and not less than ten (10) full days prior to the day of the election.
SECTION 9. The Council authorizes the Mayor, or his/her designee, to negotiate and
enter into a joint election agreement with the Districts and the Authority in accordance
with the provisions of the Texas Election Code.
SECTION 10. The Council authorizes the Mayor, or his/her designee, to negotiate and
enter into a contract with the Guadalupe County Elections Administrator to conduct the
election in accordance with the provisions of the Texas Election Code.
SECTION 11. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are
adopted as a part of the judgment and findings of the Council.
SECTION 12. All Resolutions and resolutions, or parts thereof', which are in conflict or
inconsistent with any provision of this Resolution are hereby repealed to the extent of
such conflict, and the provisions of this Resolution shall be and remain controlling as to
the matters ordered herein.
SECTION 13. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 14. If any provision of this Resolution or the application thereof to any
person or circumstance shall be held to be invalid, the remainder of this Resolution and
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the application of such provision to other persons and circumstances shall nevertheless be
valid, and this Council hereby declares that this Resolution would have been enacted
without such invalid provision.
SECTION 15. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this
Resolution, was given, all as required by Chapter 551, Texas Government Code, as
amended.
SECTION 16. By vote of not less than two-thirds of the members of the City Council
present at the meeting at which this Resolution was first considered, the City Council has
determined that action is required, and this Resolution is hereby adopted.
PASSED, APPROVED AND ADOPTED on this the 19th day •. January, 2010.
ayor, City of Schertz, Texas
ATTEST:
_ Brenda Dennis TRMC, CMC, City Secretary
(SEAL OF CITY)
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EXHIBIT A
Early voting Location
Guadalupe County Elections Office
1101 Elbel Road
Schertz,Texas
Monday,April 26th—Sunday, May 2nd 8:00 a.m. to 5:00 p.m.
Monday,May 3rd—Tuesday,May 4th: 7:00 a.m. to 7:00 p.m.
City
Election
Precinct Presiding Judge Alternate Judge Polling Place
City of TO BE TO BE Schertz Community Center
Schertz DETERMINED DETERMINED 1400 Schertz Parkway
Building#3
Schertz,Texas 78154
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