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ORD 711 02/28/2006 ORDINANCE NO. 711 ORDERING A MUNICIPAL ELECTION TO BE HELD ON SATURDAY,MAY 13,2006 FOR THE PURPOSE OF THE ELECTION OF COUNCILMEMBERS TO PLACE 1,4,AND 5; RECALL OF MAYOR AND COUNCILMEMBERS,AND TAX FREEZE FOR DISABLED AND ELDERLY CITIZENS 65 YEARS AND OLDER AUTHORIZE BY TEXAS CONSTITUTION. WHEREAS, the City's regular municipal election for Councilmember Place No. 1, 4 and 5 are scheduled for May 2006; WHEREAS, the City Council has authorized that the recall ballot proposition also be set on the May 13,2006 regular municipal election; and WHEREAS, the City received a petition requesting that the Council place on the ballot the tax shift election authorized by Texas Constitution Article VIII, Sectionl-b(h). NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,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 13th of May, 2006 at which time shall be submitted to the qualified voters of the City the following Councilmember elections and propositions; PROPOSITION NO. 1 RECALL OF COUNCILMEMBERS (TERMS ENDING MAY 2006) Shall Jennifer Hartman be removed from the office of Councilmember, Place 1 by recall? YES NO Shall Jeff Campbell be removed from the office of Councilmember, Place 4 by recall? YES NO Shall Miguel Troncoso be removed from the office of Councilmember, Place 5 by recall? YES NO RECALL OF THE MAYOR AND COUNCILMEMBERS (TERM ENDNING MAY 2007) Shall Johnny Sutton be removed from the office of Mayor by recall? YES NO Shall Gary Kelly be removed from the office of Councilmember Place 2 by recall? YES NO Shall Bede Ramcharan be removed from the office of Councilmember Place 3 by recall? YES NO PROPOSITION NO.2 SELECT ONE INDIVIDUAL FOR EACH COUNCIL DISTRICT POSITION. For Councilmember,Place No. 1: ❑ For Councilmember, Place No. 4: ❑ For Councilmember, Place No. 5: ❑ PROPOSITION NO.3 Shall the City of Cibolo establish an ad valorem tax freeze on residence homesteads of the disabled and of elderly citizens 65 years of age or older and their spouses shifting the tax impact to the other Cibolo residents? YES NO SECTION 2. Propositions approved by a majority of the voters shall be effective when the City has canvassed the election results and enters an order stating the same. SECTION 3. Individuals obtaining the highest number of votes in each separate 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 4. 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 propositions and the elected Councilmembers. SECTION 5. The foregoing municipal election is hereby ordered to be held on Saturday,the 13th of May,2006 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 6. 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 7. Voting at said election shall be done by the use of Diebold Touchscreens 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 13,2006. 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 May 1, 2006 and ending on May 9, 2006; all in the method, manner and time made and provided by the Statutes of the State of Texas on this subject. SECTION 8. The Mayor and City Council shall contract with the Guadalupe County through the Guadalupe County Clerk's Office for the conduct of this election. The Guadalupe County Clerk's Elections Department shall appoint the election officers to hold said election, in accordance with State Election Law, including an Early Voting Balloting Board, Signature Verification Committee and the Central Counting Station representatives which shall count and canvass the early ballots cast at said election. SECTION 9. 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 10. This ordinance shall be effective on passage. PASSED AND APPROVED this a 8 day of , 2006. APPROVED: / %-400,- - , jrJo cru on / ATTEST: 2,..,......,„ /-- --y g y Peggy Cimics, City Secretary