Ord 1345 08/10/2021 Special Election """I,..miunmun"
TEXAS
"City of Choice"
ORDINANCE NO. !3 els
AN ORDINANCE CALLING A SPECIAL ELECTION TO BE HELD
ON NOVEMBER 2, 2021 IN THE CITY OF CIBOLO, TEXAS TO
SUBMIT PROPOSITIONS ON AMENDMENTS TO THE CITY OF
CIBOLO HOME RULE CHARTER; MAKING PROVISION FOR
THE CONDUCT OF THE ELECTION; RESOLVING OTHER
MATTERS INCIDENT AND RELATED TO SUCH ELECTION;
PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE
DATE.
WHEREAS,the City Charter of the City of Cibolo("City")was adopted in September 2004
and was last amended in November 2018, and has served the City and its citizens well; 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 the changes proposed by the Charter Review
Commission and now wishes to submit the proposed charter amendments to the Charter for
submission to the qualified voters of the City on the next uniform election date,November 2,
2021; and
WHEREAS,pursuant to Texas Local Government Code Section 9.004(e), more than one
amendment may be combined in one ballot proposition as long as the amendments contain
only one subject; and
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WHEREAS, pursuant to the Texas Local Government Code Section 9.004 a ballot for
proposed charter amendments shall be prepared so that a voter may approve or disapprove
any one or more amendments without having to approve or disapprove all of the
amendments; and
WHEREAS,the City Council hereby finds and determines that propositions to be submitted
are in compliance with the Texas Local Government Code and that the holding of this
election on the uniform election date set forth below is in conformance with all applicable
election laws.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CIBOLO,TEXAS THAT:
SECTION 1.A Special Election shall be held on the 2nd day of November,2021,a uniform
election date, in the City of Cibolo Texas ("City") which date is not less than thirty (30)
days from the date of the adoption of this ordinance (the "Ordinance"), for the purpose of
submitting the following propositions to the qualified voters of the City to amend the Charter
of the City.
SECTION 2.The City Council of the City of Cibolo authorizes the Mayor to sign the order
calling the Special Election and any subsequent orders adjusting the polling locations,dates
and times that are subject to change due to agreements with the Guadalupe County Elections
Department and other joint election agreements up until the final posting deadline of such
notice pursuant Texas Election Code ("Code") § 4.003(a)(b) and(c).
SECTION 3. Ballot Propositions. The official ballots shall be prepared in accordance with
the Texas Election Code, as amended, so as to permit electors to vote "FOR" or
"AGAINST"the aforesaid proposition.Voters should place an"X"in the square beside the
statement indicating the way they wish to vote.
SECTION 4.The following measures will be submitted to the qualified voters of the City at
the election to be held on the date specified in the previous section in the form of
propositions in accordance with Section 9.004 of the Texas Local Government Code and the
City Charter.
I. AMENDMENTS
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?
FOR AGAINST
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Article I Sections 1.03, 1.04,Article IV Sections 4.01 (5) (D),4.04 (6),4.05 (3), Article V
Sections 5.02(E),5.04,Article XII,Section 12.05 and Article XIV,Section 14.10(I) of the
City Charter shall be amended to eliminate:provisions which have become inoperative
because they have been superseded by state law; replace obsolete references; update
terminology to current legal usage, and to eliminate obsolete transitional provisions so that
the paragraphs when amended, shall read as follows:
SECTION 1.03 Extensions of Boundaries
The boundaries of the City may be enlarged and extended by the annexation of
additional territory,regardless of size and configuration,by the methods hereinafter
set forth:
SECTION 1.04 Disannexation
Whenever, in the opinion of the City Council, there exists within the corporate
limits of the City a territory not suitable or necessary for City purposes, the City
Council may, after a public hearing on the issue, disannex said territory as part of
the City by ordinance as prescribed by state law.
SECTION 4.01 City Manager
(5) The City Manager shall:
(D)Attend or designate a city executive to attend all City Council,Commission,
and Board meetings, with the right to take part in discussion, but shall not
vote;
SECTION 4.04 City Attorney
(6) The City Attorney may be removed, without cause, by the affirmative vote of a
majority of the full membership of the City Council.
SECTION 4.05 Administrative Departments, Offices and Agencies
(3) The City Manager may recommend that the City Council enter into an outside
contract for Tax Collector services, whose duties and functions shall be those usual to the
office and consistent with the laws of the State of Texas, as they may apply to City or
County Tax Collectors.
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SECTION 5.02 Filing for Office
(2) Candidates for elective City offices shall meet the following qualifications:
(E)No o r,!oyee efthe City shall ....,,+.nue in sueh position after- filing for ,r
el eeti a City offl
SECTION 5.04 Official Results
(1)The City candidate for elective office receiving a majority,meaning more than fifty(5 0)
percent, of the votes cast shall be declared the winner. In the event that no Mayoral or
Council Member candidate receives a majority of all votes cast for any one place at such
election,the City Council shall,upon completion of the official canvass of the ballots,issue a
call for a runoff election to be held in accordance with the Texas Election Code (Tex.
Election Code, § 1.001 et seq.).At such runoff election,the two(2)candidates receiving the
highest number of votes (or three (3)persons in case of a tie for second place) shall be the
candidates in the final runoff election.
SECTION. 12.05 Service of process against the city
All legal process against the City shall be served upon either both the City Secretga oor
Mayor an the City Manager.
SECTION. 14.10 Council investigations; hearings; process
(I) No publie a encs shallbe allowed,„less agreed <.
to by � majority
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of City r.,,,,,,..;1 Rales f r-pu.lie , ent shall be set by City Couneil.
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?
FOR AGAINST
Article III Sections 3.01(2) and (3) of the City Charter shall be amended to allow for the
election of seven(7)council members,four(4)representing districts and three(3) at large,
when amended, shall read as follows:
SECTION 3.01 Composition
(2) The City shall by ordinance,be divided into four 4 districts. Each of these districts
shall to the extent reasonably possible, be equally populated and the City Council shall
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maintain such equality of population,as from time to time deemed necessary,by ordinance.
The districts shall be designated Places 1,2,3,and 4. The qualified voters of each district
shall elect one (1) Council Member for each of the fD districts.
(3) The Mayor and three(3) of the City Council Members shall be elected at large by the
qualified voters of the city and shall meet the qualifications provided for in this Chapter.
The at large council districts shall be designated Places 5, 6,and 7...
TRANSITIONAL LANGUAGE IF PROPOSITION TWO IS PASSED: Upon the
release and acceptance of the 2020 Census,but no earlier thanNovember 15,2022,the City
shall retain a demographer to develop the new four districts for the City,which will need to
be approved by the City Council. The four Council members elected in November 2021,
will continue to serve the Districts that were in place at the time of their election.The three
Council members elected in November 2022 will continue to serve the Districts that were
in place at the time of their election. In November 2024, elections would be for newly
created Districts 1 and 4 and at large council districts 5 and 6.In November 2025,elections
would be for newly created Districts 2 and 3 and at large council district 7 and Mayor.
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 Councilmember whose termed out of office to
run for Mayor without any delay?
FOR AGAINST
Article III. Sections 3.01 (3)of the City Charter shall be amended to authorize the increase of
the number of terms the Mayor and/or Council to serve in the same office from two (2) to
three(3)consecutive three(3)year terms and allow a Councilmember whose termed out of
office to run for Mayor without any delay,so that the paragraph when amended,shall read as
follows:
(3) ...The Mayor and all City Council Members can serve three 3 consecutive terms in
the same office. At large councilmember and district councilmember is deemed the same
office for the three (3) consecutive term limitation. After the third consecutive term, the
Mayor shall not be eligible to hold another office on City Council for a period of one (1)
year from the date of the previous election. After the third consecutive term, a Council
Member shall be eligible to run for Mayor without any delay.
TRANSITIONAL LANGUAGE: Any elected official who is currently serving their
second term of office, will be eligible to run for a third three-year term.
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PROPOSITION FOUR
Shall section 3.03 (1) of the City Charter be amended to provide compensation to the
members of City Council at a 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?
FOR AGAINST
Article III. Section 3.03 (1)of the City Charter shall be amended to provide compensation to
the members of City Council at a 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,
so that the paragraph when amended, shall read as follows:
Sec. 3.03. - Compensation.
(1) Each member of the Council shall receive as compensation for their services$100
per month and the Mayor shall receive as compensation for services $150 per
month beginning on the first day after current members are re-elected to their
position or upon newly elected members.at the next general election.
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?
FOR AGAINST
Article III, Section 3.04 shall be amended to make clear that the Mayor Pro Tem shall be
elected annually at the first regular meeting in December, when amended, shall read as
follows:
Section 3.04 (2)Mayor and Mayor Pro Tem
(2) The Mayor Pro Tem shall be a Council Member elected annually by the City Council
at the first regular Council meeting in December. The Mayor Pro Tem shall act as
Mayor during the disability or absence of the Mayor and in this capacity,shall have
all the rights conferred upon the Mayor and shall still be entitled to vote as a Council
Member.
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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?
FOR AGAINST
Article III, Section 3.06 of the City Charter be amended to clearly identify the Powers of the
City Council that are authorized under current state law or City Charter, so that said
paragraph, so when amended, shall read as follows:
SECTION 3.06 Powers of the City Council
All powers and authority which are expressly. o�pliedly conferred on or possessed b. the
City shall be vested in and exercised by the City Council. Without limitation of the
foregoing,those powers and duties of the City Council include the following_
1. Select, appoint, review, and dismiss the Cfty Manager, with or without cause;
2. To select, appoint, review, and dismiss the Municipal Judge(s) of the Municipal
Court,with or without cause,
3. Select, appoint,review, and dismiss the City Attorney, with or without cause;
4. Select, appoint, review, and dismiss the City Secretarg, with or without cause;
5. Inquire into the official conduct of any department, agency, office, officer or
employee of the City and make investigations as to municipal affairs.
6. Establish, abolish, redesignate and/or combine departments, offices or agencies in
addition to those provided for by this Charter, and to prescribe the functions and
duties of such departments, offices and agencies.
7. Adopt the budget of the Cites
8. Establish boards and other Committees or study or work groups, and appoint
individuals thereto as shall be required by law or deemed necessary by the City
Council.
9. Adopt and modify the official map of the City
10. Fix and regulate rates and charges of all utilities and public services to operate
municipal utilities;
11. Adopt, modify and carr out planning and zoning decisions and plans for the
planning, improvement, development and redevelopment of the City.
12. Exercise exclusive jurisdiction upon, over, and under the public streets, sidewalks,
alleys, and public grounds of the City, including the right to impose charge and set
conditions for the use of such pro e�rty
13. Exercise the power of eminent domain of any manner authorized or permitted by the
constitution and laws of this State. City adopt stricter laws or regulations than
allowed under state law.
14. Adopt development Master Plans;
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15. Provide for the development and maintenance of a Comprehensive Plan and Capital
improvement Plan in accordance with Texas State Law.
PROPOSITION SEVEN
Shall section 4.01 (1) of the City Charter be amended to clarify the required qualifications
for the position of City Manager?
FOR AGAINST
Article IV, Section 4.01 (1) shall be amended to clarify the required qualifications for the
position of City Manager, so when amended, shall read as follows:
Section 4.01. City Manager
(1) The City Council shall appoint, upon the affirmative vote of a majority of the full
membership of the City Council, a City Manager who shall serve as Chief
Administrative Officer of the City. The City Manager shall be responsible to the City
Council for administration of all the affairs of the City,with only those exceptions that
are named in this Charter. The City Manager shall be appointed solely upon the City
Manager's executive, administrative and educational qualifications and shall have
previous city manager, assistant city manager or administrator experience, and/or a
degree in a related field. The City Manager need not be a resident of the City when
appointed, but shall, within a reasonable time (no more than one year), after such
appointment,reside within the City during the balance of the tenure of their appointment.
No Mayor or member of the City Council shall, during the term to which he/she is
elected and for two years thereafter,be appointed City Manager.
PROPOSITION EIGHT
(1) 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?
FOR AGAINST
Article IV, Section 4.02 shall 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 Council, so when amended, shall read as follows:
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SECTION 4.02 City Secretary
The City Council shall fix the compensation of the City Secretary, and the City Secretary's
compensation may be amended,from time to time,in accordance with the City Secretary's
experience,qualifications and performance.The City Secretary shall report administratively
to the City Manager but may pWy be disciplined or removed from office by the Council
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?
FOR AGAINST
Article IV, Section 4.03 (2) shall 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,
so when amended,-shall read as follows:
Section 4.03. Municipal Court
The City Council shall appoint, by the affirmative vote of a majority of the
membership of the City Council, such Municipal Judges of the Municipal Court, as
may be necessary, all of whom shall be competent, duly qualified attorneys licensed
and practicing for at least two (2) years in the State of Texas. In the event a duly
qualified attorney is not available,the City Council shall then select a qualified person
to be the Municipal Judge.The Municipal Judge(s)of the Municipal Court(s)shall be
appointed to a term of three 3 years which shall coincide with the terms of the Mayor
and may be appointed to additional consecutive terms upon completion of their term(s)
of office. The appointment of the Municipal Judge(s) may be terminated, without
cause, at any time by the affirmative vote of a three fourths majority of the City
Council.The Municipal Judge(s)shall;receive compensation as may be determined by
the City Council.
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?
FOR AGAINST
Article VI, Section 6.13 (1) shall be added to clarify the length of time signatures are valid
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for a petition for Initiative to make it consistent with Recall and Referendum provisions, so
that the paragraph,when added shall read as follows:
SECTION 6.13 Initiative
(1) Qualified voters of the City may initiate legislation by submitting a petition addressed to
the City Council,which requests the submission of a proposed ordinance to a vote of the
qualified voters of the City. Said petition must contain the number of valid signatures
totaling at least five percent (05%) of the qualified voters registered to vote at the last
general city election,and each copy of the petition shall have attached to it a copy of the
proposed legislation.The petition shall be signed in the same manner as recall petitions
are signed, as provided in this Article, and shall be verified by oath in the manner and
form provided for recall petitions in this Article. The petition may consist of one (1) or
more copies as permitted for recall petitions but no signatures to such petition shall
remain effective or be counted which were placed thereon more than fo -five(45)dqys
prior to the filing of such petition or petitions with the person performing the duties of
City Secretary.
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?
FOR AGAINST
Article VII, Section 7.13 (D) shall 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, so
that the paragraph,when added shall read as follows:
SECTION 7.13 Borrowing
(D) AU general obligation bonds issued but not expended for the purposes)
approved by voters, such bonds must be utilized to pay back the bonds
issued.If City Council decides to use issued but not expended bonds for any
other purpose, Council shall hold a public hearing to allow voters to provide
input on whether the funds can be used for any other purpose.
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PROPOSITION TWELVE
Shall section 11.05 (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) ?
FOR AGAINST
Article XI,Section 11.05 (1) shall 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),so
that the paragraph,when added shall read as follows:
SECTION. 11.05 Charter review commission
(1) The City Council shall appoint a Charter Review Commission at least
once every six(6)years.The Charter Review Commission shall consist of no
less than seven(7) and no more than fifteen(15) citizens of the City
II. BALLOT 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?
FOR AGAINST
PROPOSITION TWO
Shall Sections 3.01 (2)and(3)of the City Charter be amended to revise the seven(7)council
member districts to four (4) council member districts and three (3) at large council
members?
FOR AGAINST
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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 Councilmember whose termed out of office to
run for Mayor without any delay?
FOR AGAINST
PROPOSITION FOUR
Shall section 3.03 (1) of the City Charter be amended to provide compensation to the
members of City Council at a 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?
FOR AGAINST
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?
FOR AGAINST
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?
FOR AGAINST
PROPOSITION SEVEN
Shall section 4.01 (1) of the City Charter be amended to clarify the required qualifications
for the position of City Manager?
FOR AGAINST
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PROPOSITION EIGHT
(1) 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?
FOR AGAINST
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?
FOR AGAINST
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?
FOR AGAINST
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
FOR AGAINST
PROPOSITION TWELVE
Shall section 11.05 (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) ?
FOR AGAINST
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SECTION 4. City Council has adopted an Ordinance calling for a General Election and
such ordinance included the legal requirements for calling an election. The Mayor and the
City Secretary of the City,in consultation with the City Attorney,are hereby authorized and
directed to take any and all actions necessary to comply with the provisions of the Code in
carrying out and conducting the Special Election,whether or not expressly authorized herein.
SECTION 5.Severability.That should any part, section,subsection,paragraph,sentence,
clause or phrase contained in this ordinance be held to be unconstitutional or of no force and
effect, such holding shall not affect the validity of the remaining portion of this ordinance,
but in all respects said remaining portion shall be and remain in full force and effect.
SECTION 6. Effective Date. This Ordinance shall be in force and effect from and after the
date of its adoption, and it is so ordained.
PASSED and APPROVED this day of August, 2021.
Stosh Boy/, Mayor
ATTEST-
Peggy Cimics, City Secretary
APPROVED AS TO LEGAL FORM:
Frank J. Garza, City Attorney
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