ORD 965 2-22-2011 1 Of c/a
� G
4 O
TEFeS
'tlly of Q ce
ORDINANCENO. 965
AN ORDINANCE OF THE CITY OF CBOLO, GUADALUPE
COUNTY, TEXAS, ORDERING A SPECIAL ELECTION TO BE
HELD ON SATURDAY, MAY 14, 2011 FOR THE PURPOSE OF A
CHARTER AMENDMENT ASKING THE REGISTERED VOTERS
OF THE CITY OF CBOLO E THE CITY SHOULD ESTABLISH
SINGLE MEMBER COUNCIL DISTRICTS.
WHEREAS, the City of Cibolo, Texas, received a petition at the Febma 8m, 2011
Council Meeting:
WHEREAS, she City of Cibolo, Texas, has coofsmed that the petition bad 674
signatures:
WHEREAS, the City of Cibolo, Texas has confirmed that of the 674 signatures, 576
have been confirmed as registered voter of the City of Cibolo;
WHEREAS,the number of signatures needed for the petition to be accepted is 52A;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CBOLO,
GUADALUPE COUNTY,TEXAS...
SECTION 1. A special elation is hereby ordered to he heM az the Cibolo Municipal
Offices, 200 South Main, Cibolo, Texas on the authorized unifartn election dare of
Sacmday, the 10 of May, 2011 az which time shall he submitted to the qualified voters
of the City the following:
PROPOSITION NO. i
PROPOSICION 01
Shall the City of Cibolo establish single member council districts.
Pougapara volar quelo Cuidad the Cibolo esmblece miembros unicos del mocejos
del distrito.
FOR 0
AFAVOR O
AGAINST 0
EN CONTRA 0
SECTION 2. The foregoing special election is thereby ordered to be held civ Saturday,
be le of May, 2011 in ecroddaace with the laws of Texas, and be provisions of the
Charter of the City of Cibolo, and the official baBas for said election shall be prepared in
acroNavice wuh the Texas Election Cade fa be election.
SECTION 3. The election ordered herein shall be held in prescribed by law, N the City
of Cibolo at Cibolo Municipal Offices, 200 South Main St, th the City of Cibolo between
the hours of 7:00 am and 7:00 p.m
SECTION 4. Voting a said election shag be done as determined by be County
Elections Officer of GuadaWpe County,Tartar. The equipment necessary for voting shall
be available at the voting sites for the purpose of conducting early voting by personal
appearance and a the Elation Day voting site established for be purpose of voting by
personal appearance on Election Day, Saturday, May 14, 2011. The County Elections
Officer of Guadalupe County. Texas is; autho ied and charged to perform the functions
provided by law On the casting of early indicate and shall hold such elections, and belles
shag be cast commencing on May 2, 2011 and coding on May 10, 2011; all in the
method, masmer anti time made and provided by the Statutes of the Stare Of Texas on this
subject. Early voting by Peswnal appearance will be conducted at be following lOcatica
a the specified dates and tines: Guadalupe County Office Building—Election Office,
1101 Ethel Road, Scher,TX 78154. Dates: Monday, May 2—Friday, May b, 2011
hours are 8:00 am to 5:00 p.m. Monday, May 9, 2011 and Tuesday,May 10, 2011
hours will be 7:00 a.m.to 7:00 pm Election Day location will be City of Cibolo City
Halt, 200 S. Main, Cibolo,TX 78108. Hours will be 7:00 a.m to 7:00 p.m
SECTION 5. The Mayor and City Council shall contract with be Guadalupe County
through be Guadalupe County Cledk's Election's Office for the conduct of this election.
The Guadalupe County Clerk's Election Department shall appoint be election officers m
hold said elation, in accordance with State Election Law, including an Early Balloting
2
Board, Signature Verifscarion Codmina and the Central Candling Sdtion
representatives which shall count and canvass the early ballots cast ar said election.
SECTION 6. Notice of said election shall he given by publishing a substantial copy of
this ordinance in a daily newspaper of general circulation published in the City not less
Nan 30 days before the fust dare of the election.
SECTION ]. this ordinance shall be effective on passage.
PASSED AND APPROVED this 22nd day of February. 2011.
APPROVED:
am
vifer man.Mayor
ATTEST:
�fo
Peggy Court, City Secretary
3
State of Texas
County of_Guadalupe_
1 f Jd being first duly sworn, on
oath depose a say that I am one of me signers d Me above petNon, antl that
the statements made therein are true, and that each signature appealing thereto
was made in my presence on the day and data it purports to have been made,
and I solemnly swear that the same is the genuine signature of the person it
Purports to be.
f
Signature
sworn and subscribed before me this 0 day of
20 6 _
NOTA PUBLIC, ST TE OF TEXAS
�✓ PE66y 218col
PUNIC S�e�e or ienea
1. My Lommrselon Epirn
Mycommusion expires: Cs- � '�`y "+�¢:'" 0 AU949107. 2014
State of Texas
County of Guadalupe
I, (t I 0 0 .being First duly sworn,on oath depose and say
that I am one of the signers of the above petition,and that the statements made therein are true, and
that each signature appearing thereto was made in my presence on the day and date it purports to have
Men made, and lsolemnly swear that the same me genuin si@.ature of the pe Pn it Purport to be.
Signatures
Sworn and subscribed before me this g on of le�"ex aOL
NOTARY PUBLIC,STAR OFF�TEW
(//� / / VEGGY GMICE
�✓ .).y L/�a'+•`Y , were of ierea
��MV Comem�ealon Eapras
anpm101 ¢m<
fvf/commission expires: D —+� rY
Some of Texas
County of Guadalupe
l7 uNl . being first du"worn, on oath depose and say
Madam one of the signers of the above pethion, and Qthe statements made therein are true,and
that each signature appeadngthereto was made In my presence on Me day and data d purportsto have
been made,and t solemnly swear Mat the same is the genuine signature of the person d purport to be.
_sem
signature � //
Sworn and subscribed before me this ff day of {Mr.•r a0!
NOTARY PUBBLIC,STATE Of TEXAS
ri'toryVp0I
en..6Ysn01M.C6m*.•.:
rdYrommission expires: g. p-ry `a eupan oi.aoiirs
Mai
State of Teras
Caunry of Guadalupe
1 I _ ,. .. (: ., f-4nztmaf being first duly swom,on oath depose and say
that I am one of the signers of the above petition,and That me sommenis made therein are true, and
that each signature appearing thereto was more in my presence an the day and date it purports W have
been made, and I solemnly swear that the same is the genuine signature of the person it"means to be.
Si aWre
swom and subscribed before me this 4 day of 20—LL.
NOTARY PUBLIC,SrAn OF TEAS
PF69Y CIMIC9
soap.or..e
MV Co01. E.pi,..
Tow,
My commission reports: AugustU>, pOb
g' v-rY
47v
yoru..Wble bo nw. d 3
rod r..g ;5{'• ✓ eI-c.5 4 $
pcn;Cr✓ x9 heln�a ✓
� "f� � Recj 35+a. ✓a�ers / Oi �7�
h coJ VII 5
Statement of Qualifications
For
submitted to the:
City of Cibolo
submared In
BOJORQUEZ
Law Fa, PLLC
bnp1/ R d M tin2Solunonsco
T M alLawverz co
Febmary 10, 2011
it
INTRODUCTION
The Bojorquez Law Firm, PLLC, in co0abomeon with Redistricting Solutions,
respectfully submits this Statement of Qualifications for providing professional
services to assist the City of Cibolo in assessing population changes and re-
drawing city council districts to comply with state and federal law.
Oar law firm exclusively represents municipalities across Texas. Our attorneys
serve in the capacity of City Attorney or Special Counsel for varying cities (e.g.,
home-rule and general-law, large and small, urban and rural). We are counselors
and advocates, dedicated to an inbending commitment to excellence and client
service.
Upon the release of the 2010 census, you city may require professional
redistricting services. In 2000-2001, Alan Bojorquez successfully guided 7 cities,
4 counties and a school district though the Redistricting Process. Since then, Alm
has advised 2 additional cities in the drawing of single-member districts in the
interim between censuses.
Our from has collaborated with two other Austin law firms experienced in
redistricting to bring together a team of governmental lawyers experienced in
working with governmental entities in redistricting law. Our collaboration is
known as Redistricting Solutions,and our sole purpose is to provide additional
resources, expertise and depth of knowledge in redistricting and election law
matters to meet the special needs of local governmental entrees. We have also
retained a premiere enghicering firm to provide the demographic analysis and
M
support required for our redistricting services. By hiring our team,
Cibolo will have the best in legal resources and cutting-edge technology.
The following information demonstrates our qualifications m serve as your
Redistricting consultant.
Sutc ewofQmaecoftm: PW2
RNin,cuve SOIWia CiryafciE Rl.
ABOUT REDISTRICTING
In early 2011,the federal Cercus Bureau will release the result of the 2010 Census. Depending
onthedegreemfa,a thatlion Occmrdinthecityoverfesimttmyeam,youmayocdtogo
(rough redistricting. the redistricting process addresses four basic legal principles:
1. One Person-One Vote under the U.S. Constitution(equal population);
2. Smtion5ofthr USVofivg Righty Am(requitivgprecleamncemdepplyinga
retrogression standard to maturity group poWlanons to specific districts);
3. Noe-disedmmation stundnrd of Section 2 of the US Voting Rights Act; and
<. Shawv. Rew line ofewes(Bmimoom m the use cloaca as a factor in mlisaicting).
OUR SERVICES
The Bgonluez law Firm and in Redismcsing Solutiom ream will most the city by:
Verifying current boundaries of all single-member district.
Codrrving demopaphics of districts as of last mlistricting.
Educafing decision-makers On the legal regaitemmn.
Explaining legal ptaxod t established by state and federal law.
Formulating process and pr aures for boundary MO&fidtiOm
Facilitation public outreach, hearings, and input from special interest groups,
stakeholders and civic orgaofmtions.
COordimung communication with media.
Preparing viable draft redistricting Plans.
Advising governing bOdy regarding consequences of chosen plays.
Subveining package to US DOd seeking preclearance.
Defending mfies in my resulting legal challenges.
PREPARATION
Any municipality anticipating the ted to analym city council member districts and consider
rdimictmg should begin m collect the information that will be ndxd m prepare an initial
amlysu and evaluation. Providing this infnmtim w fes Bolosquuz law pion early in the
process will assist us in providing the City with an efficient arM overly redistricting analysis and
process:
1. The city should provide it consent district boundary infomution 0 stun as reasombly
practicable. if the da oro boundaries exist in a"shape file"or simile electronic format,
those files will be ria aired.
Sm<nwm ofQaalifica�ionv Nati
MMM
Mumemg 5olw1ons Civofcibob EAKFIDE—
2. The city will need Or provide- (a) histoncal election dem for pest city council elections for
the pest 10 years; (b)D¢peco ent of Justice Pre-cie2mnce submissions from mole
elections; and (c)my perm am records from the most recent redistricting. If there is a
court order or other pertinent mammonism from Prim lidgrtun,teen drat information
should be located ad supplied re to gadorqua Law Firm.
3. We will assist the city in pasting and advertising appropriate public hearings and public
meetings,as necessary, to obtain community input and evalostion ofpouibie charges W
existing district boundaries.
THE PROCESS
A successful reapportionment or redistricting process must begin with the involvement of
community stilrehalders. C'omaludty$upport for the boundary changes requires transparency
in all phases of me process. We take an occlusive approach to the redistricting process. We
bring our demographer and computer equipment to public meetings so community members
can participate in live analysis of potential district changes and me drawing of alternative
plans. We firmly believe that bansparency and accurate, timely infuriation are essential to
successful redistricting prunes.
A proposed timeframe for the redisMcting process is:
1. upon Nofice to Proceed. Obtain corer district boundaries and den files, election
dam from past 10 years, Department of Justice preclearance submissions and cover
relevant data from client
2. Release of Ne 2010 Censor (early 2011). Following the release of the census, we will
immediately analyze the don and prods"an initial assessment whenter the corevt
districts will need to be mappo bond due to impermissible popubman imbalances
betty«n the districts (graver shun 10%deviation between any two districts). The mind
assessment will be presented to the city council, along with appropriate backup and a
sample order confirming the city's intent o commence redistricting.
3. Lech Spring, Early Summer 2011. We will develop suggested redistricting criteria for
I redistricting plans for Council approval 111211 ere consistent want the mandates ofthe
federal Voting Rights Act,and conform W redistricting but prucom(Preserving historic
boundaries, recognizing clearly identifiable community and economic interests,
preurviog constnuemyaepresentmive relations by unicameral al cevhets among
incumbent, contracting the impact of redistricting on community imeresh). The city
council may consider whether it wishes to appoint a Redistricting Commirhe to drift
sample redistricting plans for the city council's consideration.
4
Suumeur of Queiifi®nom �yb,ofVCibola
"'dorieuag 5almiam
6. Late Spring, Early Summer 2011. Following consulteeon with the city council, or
meetings with the Redistricting committee,dmfl plain will be drawn for consideration
by the council and by members ofthe public. These dmOplans will be discuss 1 during
at least two"workshops"open m the Public,at which rime input will he solicited moll
alternative plans maybe drown.
In addition, any plans submitted by members of the public will be received and analyzed.
It has been the our experience that this important phase of the Proposed work rakes the
longest time, especially ifthere is significant public input and interest Publiceduwtiov
and collaboration,while time consuming, is sot Metals] Pmt ofdw process. Thefirm
will also be available In meet individually with smkeholdurs such as community leaders
and special rebound groups.
S. Summer-Early Fall,2011. once a proposed consensus pian is developed. it will be
presented for approval by the city council
thecouncil rlvernal palling Place
ed ir
modifications will be evaluated and amm y
6. No later than October, 2011. Upon approval of a redistricting plan, all Pertinent
documentation of the pmccw, including public notices, minutes, comments from
members of the Public,me serious Plain comidered,and related materials will be
compiled and submittd to the Department of Justice for preelemance under Section S of
the Voting Rights Act. It is important that the preclearance request be filed in the emly
fall of 2011 so an to allow the Department sufficient time to review and remise any
questions they may have priorto the candidate filing deadline in blanch of2012. The
Department oflusfice has an initial suty-day review period fm submissions,which can
be mOmsd by an additional suty days by notice to me submitting entity that additional
information is necessary in consider the submission
The Bojonquex Law Firm will provide all legal,demographic,computer and language
tramlaoov/ivtegsretm services necessary to perform and complete all stages of the redistricting
process. The firm will prepare ill public ounces of meetings and workshops; (in English, Spanish
Ped rimer languages represented in the local community), all orders approving redistricting Plane
per districts ed polling places, ad compiling and Preparing the necessary ducmoantatioo for the
DepemmentofJusticesubmissenbeaddloogarromaysfrom the firm will he present at all
workshops and meetings of the city comeil in which redistricting matters are discussed madmr
acted upon. Appropriate language interpreter services(Spenish and other languages, American
Sign Language)will be provided for community meetings as appropriate to effectively
communicate with the community.
The city council will be provided with derailed color maps and complete dem files with me ones'
districts. All dam and 'mfmmation shall remain the Property of the city.
Sum,emnfQ Hicaticvs PW5 0a7
RediwictivBSoloOoos Cibombolo
OUR 'IEAM
BOJORQUEZ
LAW FMK JIIC
www,TexihMumvaILawveTs,co;n
We propose that Alan sme as the attorney who will he ptimerily responsible for tedistricring
numbers for your city, evil act AS teem leader.
PL Alm
Alan As CJo Attorney or
As ownerandfir
manage of the Bojoequezlaw Firm, LC,
pmts es City Attorney or Specinl Compel for several mu s itia. Prior a .oleo into private
practice, Alm was Ater of Public
Genera Counsel for the TexasfooPMunicipal League. He meed his
Unorpoctorate,Masterrhool Al ummeciftioq and Bachelor of ka Pont Texas Tech
Alm
University. While inschoolPl Alm ivcemedfor the
Imulesof Lubbock and Lawyers. Alm is
members Cit American Plamiati Association, lncematiooel Municipal Lawyers Association
Law
and the" City CR)iAttorneyAn Association. Alm receivedhis Merit the Certification of Municipal Law
Bornthe Texas City AMo ICI Associationandisamemberofthe College of theA5l�te Bar. He
Ipanlhofountes and lschoolPPLL4w$PROCEDDREsurcmg . I11 'LIpI1'ZOOIgm
cities,4 counties and a school aisoim through the Redistricrivg Peaces.
Jill Hoffman,Assacimu Jill is furthering ber commitment to serreg the public by representing
municipal clients. After receiving her Bachelor's Degree Bom &Amwesom University,Jill
aided the people of EI Salvador through the Peace Cours. White earning her Juris Demme Bom
South Texas School of Law, she imemea for the City of Austin's City Aftwrneys OtBec. Jill's
law review article, "The Status of Smfine Water Rights Laws in Texas," was puhllsbM in the
TEXAS ENNRONMENTAL LAW JOURNAL.
DaMen Shores,Associme. Damim is also comminad m prom.municipalities. Alta
graduating Phi Beta Kappa with a Bachelors Degree Born the University of Texas at Austin,
Damien received his Paris Doctorate Born St Mary's University School of Law. Priortojoinieg
the firm Demlrn was a Mickey Leland home with the Texas Commission on Environmental
Quality where he mnductea legal research and wrote memomodn for moroeysin the"figmen
and euvinummml law divisions. Damien also coauthurN a law neview alongside Alm
BOforga s lutea,"Dprn 6 vemmeat anathe Net Brining Social Mciia Into the Light"which
waspublishedinthe TP STECHAINAMISTRAnWLAWJOURNAL.
SNemem of Qualifications Page
sonotruvog Salutwo cnyerceew
The Bojorqura law Firm has formed a collaborative consortium--Redistricting Solutions—wilb
two other Austin-based law firms, Hudson &O'Leary,LLP, dost the Law Offices of Powell &
Leon, LLP, so as m Provide redistricting clients with additional resources to assist with the
upcoming release of the 2010 census. Our goal is m assure that all of our clients will have a high
level of service and appropriate expense an redismicnvg mattes, where it is necessary for such
addithems,resources N be available. Om seam works collebomtively to provide both breadth and
depth of experience in the area ofmlismichag in an efficient cost-effective manner. All of our
forms have expense N election law and redistricting mdten. For more infomution about this
collaboration plastic visit wwwRedistrictingSOlutims coca. RadicMcting Solufioaamaomeys
who may also work on this Project am:
Sm Harbour Leon. Ms. Leon has over twenty years experience representing public school
districts across Texas. Ms. Lora is a 1985 gmande of Brown University, where she majored is
Lau American Studies. She amended gmduam school at Ne befine,of Latin Amerate Studies
tithe UaiveniyOfT,,,m. She iselso a 1990gmdu oofthe Unvenityofiexm School of
Law. She was licensed to practice law in Taxes in 19%unit is amnmed in practice at the Federal
Dispin Courts for the Northern, Southern,P stem, dost Western Distracts of Tests, the Fifth
Cirmait ComtofAppealsand Ne UdtNSm, Supreme Court. Sheisamemberofthe State Bm
of Times Litigation, Labor and Employment and School Law Sections,W well as the Travis
County Bar Association's tabor and EmPloymed amt Admivisudia Law Sections and the
National Education Law Association. Ms. Leon hasfocused her preencein allareas of school
law since 1990,with a pancuhm widens on civil rights mail litigation.
J.Greg Hudson. Greg is a Partner iO Hudson& O'Leary, LLP, a law firm that Prim IY
represmts Texas local govemmeat ratifies hall Hospital Districts in a wide variety oflegd
meaner,. Greg has carved in the capacities of City Amomry, County AmomeY Pro Tem,and
Oeoeml Counsel W a variety of tried govemmeoa in Trans,both large and arm"
Domed& Anmciates,Inc Doucet & Associates will Pmvide the mapping and demogaphic
analysis work as a consulmatto the Bojorquea Law Firm. Doucet & Aamciwte . was
founded in 1992. Douce,& Associates sniff rebates liccnaed out cenfied professionals m
pmjw management, civil engineering, land Planning, conduction admioisutio4 surveying,
GIS and mapping.
The Douce, staff designated for this assignment has successful stud recent experience in
planning, designing,overseeing.produciog and delivering demographic and mapping services of
Sbtmeu,ofQuelifi®tiooa Pagel EOIrEGInst
netistriNvg Solwihv Cih offbolo
all types, particularly for the RedisMering Solutions team.Theo staff offers a high level of
apanise and experience for this aisigmneaL thry offer up-Iodate GIS mapping and
cartographic services.
Douce,is led by Jerome M. Becker,who bas over 20 years of experience as a CADD Technician
and Graphic Designer. Starting m 1986 with technical mk drawings and hand rendering he
produced civil engineering drawings and maps. Building on thane skills,he learned Redistricting
Soflwoe, AutoCAD and GIS map-making. He is proficient in preparing graphics for public
relations proposes. He has experience and is proficient in a variety of graphics and web design
software. Jerome is cumvtly using Aumbound Redistricting SOBwa(e to create color mapping
for redistricting purposes.
Dwtca his all the necessary software and hardware m successfully support ora Team:
Large-Format Plotters:
• Hp Lairdet5000
Color iokjetprintet designed for printing high9uality maps and hours.
o Intimate Photo Qualityusug six inks and HP Color Layeringiechoology.
o Rollmdfeedppermediaupto62lochwidemd300ft1w9
GCE 1DS600
o Wide Simon,black and white,mid-volume,muldboactianal ryrtan.
o Prn,copy,and sran-to-file functionality
Colo Priatou
• Xmox WorkCentre26
o Color for printer with Copia and scan-to-file Watudities
c Full Bleedson"INIT'priats
o Upwl200xl20pnatin8rsolution
SCHEDULE OF FEES
The Bojorquea Law Firm will provide an malsais of the decomposable changes in the
mmicipality's popWarion; conduct public meetings and hearings as necessary to evaluate
changes ref fired under stare and federal law, prepare and present alternative plans to the city
comwil; and submit the approved plans m the Depamneat of Justice for Preclearance under the
@e schedule proposed herein.
We propose m booty [s fo servitts. Oaratiouri and demographers maintain daily time
.oh, in increments of 1/106 of an hour. Monthly invoices identifythe person pertbtsving the
work,describe the work performed. and record We time expended on each task Asummoy of
casts appears below the summary of services and separate totals for services and casts are
provided and followed by a tom1.
Sutemoar ofQmlifiamm Ciho Cibolo
Redurc ivg Winans
The fuer charges only for expenses that represent direct cceu of the provision oflegal services.
mother words, we include no hidden overhead costs as part of our fa shucnue, wall only
charge for expenses where moactery costs to the firm are incurred on behalf of the client.
Fees for Services:
o Attorneys fees for redistricting services SfZSroour
o Technical fces (Demogmphar)
o Paralegal/Law Clak/Legal3ccrctmy S95/hour
Other Expenses:
o ba house black and while PhotacoPies: S^,�copy
• Outside Photocopy services: No cost
o Fax unexamissiovs
o Westlaw electronic library charges: $95.001perhour(nottoexceed
SMinsomiddi
o Postage: At cost
o Litigation expenses (consuit %, At cost
expert whereas,court reposer,
graphic rambles):
o Colorp^ntingcoma $4/page for 8'h x 11; S 100/Page for
oversized color renditions of district
maps
o hrterpmter services: At cost(Feet for certifiki
ivtegmen depend upon the
language required rad the location.
Guaranty these fees do not exceed
$901hour)
o Tmveltime: ®ular hourly rare
o Tmvelexpenses: At cosUlES mileage rate
Note: In the event of any,lifigmion, representation of Me city or litigation or the provision
of expert wiereu fees will be provided under the same fee Maslorw
Payment Schedule:
payments Gall he made momhly,based upon detailed invoices Provided by the firm.
Estimates:
Wbile it is extremely difficult to accumtely predict how much the redistnin gprocess
will cast a particular municipality, a �nable �gavaria for a city such as Own
factoria be
emmazdat$15,000 -U5,W,depe gonce
at
often influence the ultimate price include:
Suteo'enl olQualifiatioos yege9
Reig ioing Solutions OtyOMMO
� OO(
4 V 0
'ON of Oioice"
City of Cibolo
FOEo sZ6
zoo 5. Main 5t
Ci6o6, T=om 78108
(21o) 638-9900 Fax (zlo) 638-1687
FAX COVER5d
DATE:
TO= aael � o 2=d FAX#:
FROM: eR44 DEFT: Cle �iCelo
NO OrFAGE5
:,55AGE
exude