Res 1607 11/15/2021 Canvassing Election-Nov .. t \I �
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"City of Choice"
RESOLUTIONNO. /607
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE .
RESULTS OF A GENERAL AND SPECIAL.ELECTION HELD IN THE
CITY OF CIBOLO,TEXAS ON NOVEMBER 2,2021 AND DECLARING AN
IMMEDIATE :EFFECTIVE DATE FOR. THE TEN ,(10) CHARTER
AMENDMENT PROPOSITIONS APPROVED BY ::THE VOTERS;
AUTHORIZING THE MAYOR OF THE CITY:TO CAUSE AN ORDER TO
BE ENTERED INTO : THE RECORDS OF THE CITY OF CIBOLO
DECLARING THE AMENDMENTS ADOPTED AND.DIRECTING THE .
MAYOR TO CERTIFY THE RESULTS OF THE ELECTION TO THE
TEXAS SECRETARY OF-STATE.
WHEREAS, the City Council of the City of Cibolo, Texas called for a.General Election on
November 3,2021 for the purpose of electing four members to the Cibolo City Council for a three-
year-term, specifically City-Council Places 1, 4, 5 and 6; and
:.WHEREAS, only.one candidate filed-for City Council Places 1, 5.and.6 prior to the deadline, and
therefore those candidates were unopposed-and are declared the winners and there were multiple
candidates for City Council Place 4; and
WHEREAS,the returns of said election for City Council Place 4.were regularly made to the City
Council.by the officers of said election as provided by the Texas Election Code, as.amended; and
:after canvassing the returns of said election, does hereby find and declare the,results as follows::.
CITY COUNCIL PLACE FOUR
Katie Cunningham Donetta Roberts
Early Votes 154 -40
Election Day Votes 137 34
Absentee 15 13
TOTAL 306 87
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WHEREAS,the City.Charter-of the City of Cibolo ("City") was adopted in September 2004 and
was lasfamended'in November 2018; and
WHEREAS; in accordance with Section 11.05 of the Cibolo City Charter, the City Council
appointed a ten (10) member Charter Review Commission to determine whether any Charter
provisions require revision; and
WHEREAS,the Charter Review Commission met from January 2021 through June 2021 to review
the City Charter and in July, the'Commission finalized its report of its findings in writing, and
presented its proposed:amendments to the City Council; and
WHEREAS,the City Council has reviewed and investigated all matters pertaining to this election,
including the ordering,i notices, election officers,holding, and returns thereof, and
WHEREAS,the.City Council hereby canvasses the returns of this Special Election,at which there
were submitted to all resident,qualified electors of the City for their action thereupon,the following
-are the election resultsfor the propositions;
CHARTER AMENDMENT PROPOSITIONS
PROPOSITION ONE
Shall Sections 1.03, 1.04, 4.01 (5) (D),4.04 (6), 4.05 (3), 5.02 (2) (E), 5.04, 12.05 and 14.10 (I) of
the City Charter be amended to require submission to the qualified voters of the City to eliminate
provisions which have become inoperative because they have been superseded by state law;replace
obsolete references and update terminology to current legal usage?
CHARTER AMENDMENT PROPOSITION ONE
For Against
Early Votes 956 133
Election Day Votes 816 135
Absentee 235 24
TOTAL 2,007 292=
PROPOSITION TWO
Shall Sections 3.01 (2)and'(3)of the City Charter be amended to revise the.seven(7)single member
council districts to four(4) council member districts and three"(3) at large council members?
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CHARTER AMENDMENT PROPOSITION TWO
For Against
Early Votes 576 516
Election Day Votes 492 464
Absentee 131 123
TOTAL 1,199 1,103
PROPOSITION THREE
Shall section 3.01 (3) of the City Charter be amended to authorize the increase of the number of
terms the.Mayor and/or Council may serve in the same office from two(2)to.three(3):consecutive
three.(3) year terms and allow a Councilmenber whose termed out of office to run for Mayor
without any delay?
CHARTER AMENDMENT PROPOSITION THREE
For Against
Early Votes 443 656
Election Day Votes 339 641
Absentee 90 . 168
TOTAL 872 1,465
PROPOSITION FOUR
Shall section 3.03 (1)of the City Charter be amended to provide compensation to the members of
City-Council ata rate of$100 per month and compensation to'the,Mayor for his services at a.rate of
$150 per month to take effect on the first day after current members are re-elected to their position or
upon newly elected.members at the next general,election?
CHARTER AMENDMENT.PROPOSITION FOUR
For Against
Early Votes 693_ 402
Election_Day Votes 596 376.
Absentee 184 75
TOTAL 1,473 . 853
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PROPOSITION FIVE
Shall section 3.04(2)of the City Charter be amended to make clear that the Mayor Pro Tem shall be
elected annually at the first regular meeting in December?
CHARTER AMENDMENT PROPOSITION FIVE
For .. Against
Early Votes ' 965 .126
Election Day Votes 849 108
Absentee 235 22
TOTAL 2,049 256
PROPOSITION SIX
Shall sections 3.06 of the City Charter be amended clearly identify the.Powers of the City Council
that are authorized under current state law or City Charter?
CHARTER AMENDMENT PROPOSITION SIX
For AAgainst
Early Votes 974 '118
Election Day Votes 849 108
Absentee 241 16
TOTAL 2,064 242
PROPOSITION SEVEN
Shall section 4.0.1 (1) of the City.Charter be amended to clarify the required qualifications for the
position of City Manager?
CHARTER AMENDMENT PROPOSITION SEVEN
For A ainst
Early Votes 1,021 77
Election.Day Votes 876 94
Absentee 249 11
TOTAL 2,146 182
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PROPOSITION EIGHT
Shall section 4:02 of the.City Charter be amended to clarify that the City Secretary while reporting to
the City Manager for administrative purposes,may only be disciplined or removed from office by
the City.:Council?.
CHARTER.AMENDMENT PROPOSITION EIGHT
For AAgainst
Early Votes 767 325
Election Day Votes 700 253
Absentee 202 54
TOTAL 1,669 632
PROPOSITION NINE
Shall section 4.03 (2) of the City Charter be.amended to increase the term of the Municipal Judge
from a two (2)year term to a three (3)year term to coincide with the Mayor's term of office?
CHARTER AMENDMENT PROPOSITION NINE
For Against
Early Votes 556 544
Election Day Votes 441 529
Absentee 146 111
TOTAL 1,143 1,184
PROPOSITION TEN
Shall section 6.13 (1) of the City Charter be amended to clarify the length of time signatures are
valid for a petition for Initiative to make it consistent with Recall and Referendum provisions?
CHARTER AMENDMENT PROPOSITION TEN
For Against
Early Votes 905 184
Election Day Votes 751 199
Absentee 221 35
TOTAL 1,877 418
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PROPOSITION ELEVEN
Shall section 7.13 (2) (D) of the City Charter-be added so that.if City Council wants to use,general
obligation;bonds that have been issued but not expended;'Council shall hold.a public hearing to
allow voters to provide input on whether the funds can be used for any other purpose?
CHARTER AMENDMENT PROPOSITION ELEVEN
For. Against
Early Votes 954 142
Election Day Votes 820 150
Absentee 216 42
TOTAL 1,990 ..334
PROPOSITION TWELVE
Shal1.0
I section 15 (1)of the City Charter be amended to revise the number of members to the City
Charter Commission from ten(10) to no less than seven(7) and no more than fifteen(15)?
CHARTER AMENDMENT PROPOSITION TWELVE
For A ainst
Early Votes 745 343
Election Day Votes 630 318
Absentee 166 90
TOTAL 1,541 751
WHEREAS,from these returns,the City Council hereby finds.that the following vote_ s were cast in
the election by voters who were resident, qualified electors of the City=now:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO:
SECTION 1. The City Council_of the.City of Cibolo officially finds,determines,and declares that
the General and Special Election-was dulyi and properly ordered, that proper legal notice of such
election was duly given in the English language and the Spanish language, that proper election
officers were duly appointed prior to the election;that the election was duly and legally held;that all.
resident;qualified electors of the City were permitted to vote at the election,that due returns of the
results of the election have been made and delivered,and that the City Council of the City has duly
canvassed such returns,all in accordance with the laws of the State of Texas and of the United States
of America and the order calling the election.
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SECTION 2. A tabulation of votes cast_in the General Election held on November 3,202 1.,for the
purposes of electing City Council Place 4 is adopted as the official tabulation of the votes cast at the
election,and the tabulation will be filed and recorded in the official records of the City of Cibolo as
the official,canvass of the election and Katie Cunningham received a majority of the votes and is
elected to serve as City Council Place 4.
SECTION 3. A majority of the residents,qualified electors of the City of Cibolo,Texas;voting in
the election, have voted FOR the adoption of Charter Amendment Propositions One, Two,
Four, Five, Six, Seven, Eight, Ten, Eleven and Twelve and voted AGAINST the adoption of
Charter Amendment Propositions. Three and Nine. The Council hereby determines that
propositions One,Two,Four,Five, Six, Seven,Eight,Ten,Eleven and Twelve were approved,that
the election was duly called, proper notice given, and that the election was held in all aspects in
conformity with the law.
SECTION 4. The Charter propositions approved by the voters will be effective as of the date of this
Resolution.
SECTION 5. The recitals contained mi 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 City Council.
SECTION 6. All 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 resolved herein.
SECTION 7. This Resolution shall be construed and enforced in accordance with the laws of the
State of Texas and the United States of America.
SECTION 8. 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 the application of such
provision to other,persons and circumstances shall nevertheless be valid, and the City Council
hereby.declares'that this.Resolution would:have been-enacted without such-invalid provision. -
SECTION 9. 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, as amended, Texas Government Code.
SECTION 10. The charter amendments approved in the election shall be in force and effect from
and after the_passage of this Resolution.
SECTION 1L The Mayor of the City is authorized to perform any -andall acts necessary to
implement the provisions of this Resolution in the manner prescribed by law. The Mayor shall cause
such orders to be entered into the records of the municipality declaring the charter amendments
adopted as prescribed by Tex.Loc. Gov't Code Ann. Sec.9.005(b),and shall cause an authenticated
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copy of the charter amendments bearing the City's seal and certification showing the approval by the
voters of the City:of Cibolo to be delivered to the Secretary of State of the State of Texas in the
manner required by Tex. Loc. Gov't Code Ann. Sec. 9.007(a).
RESOLVED AND APPROVED this 15ffi day of November, 2021.
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ATTEST:
Peggy Cimics, TRMC
City Secretary
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