12-R-113 Canvass November 6, 2012 ElectionRESOLUTION NO. 12-R-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING THE CANVASS OF THE
NOVEMBER 6, 2012 RETURNS AND DECLARING THE
RESULTS OF THE SPECIAL ELECTION; DECLARING A
VACANCY IN THE POSITION OF COUNCILMEMBER PLACE 5;
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, on July 24, 2012, the City Council (the City Council of the City of
Schertz Texas (the City) ordered an election to be held on November 6; 2012, for the
purpose of electing a Mayor to fill the vacancy in the Mayor's position and to submit to
the voters of the City for their adoption or rejection certain proposed amendments to the
City Charter; and
WHEREAS, an election was duly held in the City of Schertz, Texas, on the 6`h
day of November, 2012 to elect a Mayor and to submit to the voters of the City for their
adoption or rejection certain proposed amendments to the City Charter; and
WHEREAS, the Mayor Pro-Tern and City Council duly canvassed the vote of
said election on this the 19`h day of November 2012; and
WHEREAS, the City Council hereby canvasses the returns of this election, at
which there were submitted to all resident, qualified electors of the City for their action
thereupon, the following:
Early Election Day Total
Votes Votes Votes
MAYOR
Michael R. Carpenter 4226 1292 5518
Steve White 2119 605 2724
Cedric Edwards 1953 916 2869
CHARTER AMENDMENTS
Earl Votin Votes Election Day Votes Total Votes Total Votes
YES NO YES NO YES NO
Prop.l 7199 1719 2451 575 9650 2294
Prop.2 5811 3018 1979 1052 7790 4070
Prop.3 5713 2966 1914 1061 7627 4027
Ptop.4 6329 2488 2135 896 8464 3384
Prop.S 7287 1407 2496 490 9783 1897
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SCHERTZ, TEXAS:
SECTION 1
The City Council finds that the above canvass results of the special election as set
forth above are correct and the canvass of votes is hereby approved.
SECTION 2
A total of ballots cast during early voting were 9745 by personal appearance, or
by mail ballots, and 3402 votes were cast on Election Day. The number of votes cast in
this election was 13147.
SECTION 3
The City Council declares and orders that the results of the election on the
Mayoral race that Michael R. Carnenter received the majority votes and is hereby
declared to have been elected to Mayor and on each proposition are as follows:
Prop. Description Passed or
Failed
1 "Shall the City be authorized to amend the Ciry Charter as provided in Amendment Passed
No 1?
"Shall the second paragraph of Section 4.05 of the existing City Charter relating to
the Mayor Pro-Tem be amended to read as follows?"
"The Mayor Pro-Tem shall be a Councilmember appointed by the Ciry Council for a
term and pursuant to procedures established by the City Council from time to time.
The Mayor Pro-Tem shall act as Mayor during the absence or disability of the
Mayor and in this capacity shall have the rights conferred upon the Mayor. While
acting as Mayor, the Mayor Pro-Tem may vote on any matter before the City
Council."
2 "Shall the City be authorized to amend the City Charter as provided in Amendment Passed
No 27
"Shall Section 4.09(e)(1) and 11.02 of the existing City Chuter be amended to
delete the requirement of publishing an entire franchise ordinance in a newspaper as
a requirement for such ordinance to be effective but requiring that the entire
franchise ordinance be placed on the City's website for at least one week prior to
fmal adoption of the franchise ordinance?"
3 "Shall the City be authorized to amend the City Charter as provided in Amendment Passed
No 3?
"Shall Section 6.07(a) of the existing City Charter relating to the Office of Taxation
be amended to read as follows?"
"(a) Assessor-Collector. The City Manager shall appoint, and may remove, the
City's Assessor-Collector of taxes. The City Council may, in the interest of
economy and efficiency and on the recommendation of the Ciry Manager, authorize
the City Manager to contract with an individual or another political subdivision as
Assessor-Collector to handle the assessment and/or collection of taxes, and no
separate Assessor-Collector need. be appointed in such case. The Assessor-Collector
shall give a surety bond for the faithful performance of his or her duties including
compliance with all controlling provisions of the State law bearing upon the
functions of his or her office in a sum which shall be fixed by the City Council, but
in no event shall the amount be less than twenty thousand dollars, the cost to be
borne by the City; provided, if the Assessor-Collector is an officer of another
political subdivision providing services to the City by contract and if the City
Council determines that the Assessor-Collector's existing surety bond sufficiently
rotects the City, no further surety bond shall be required."
4 "Shall the City be authorized to amend the City Charter as provided in Amendment Passed
No 4?
"Shall Section 6.07(e) of the existing City Charter relating [o the City Council's
authority to forgive current or delinquent penalties and interest be amended to read
as follows?"
"(e) Tax Remissions. Discounts and Compromises. Neither the City Manager nor
the City Council shall have the right to forgive any current or delinquent taxes or
penalty and interest related to taxation except in cases of error or otherwise as
permitted b State law."
5 "Shall the City be authorized to amend the City Charter as provided in Amendment Passed
No 5?
"Shall Section 9.01(a) of the existing City Charter relating to regular election dates
be amended to change the City's regular election date from May to November and
with transition provisions to read as follows?"
"(a) Regular Elections. The regulu• City election shall be held on the uniform
election date in November in each calendar year commencing in 2013 or as
otherwise required by applicable State laws. If this provision is approved by the
voters in the election of November 6, 2012, the terms of all members of the City
Council serving following such approval shall end, and their successors' two-year
term shall commence, on the following dates: for Councihnembers Place 3, Place 4,
and Place 5 - on the regular election date in November 2013 and as to their
successors commencing on each odd-numbered year thereafter; and for mayor and
Councihnembers Place 1 and Place 2 - on the regular election date in November
2014 and so to their successors commencing on each even-numbered year
thereafter."
SECTION 4
The City Council declares that a vacancy exists in the position of Councilmember Place 5.
PASSED, APPROVED AND ADOPTE s 9`h day November, 2012.
Mayor ro-Tem, George Antuna Jr.
Attest:
-~~ .) ,
Brenda Dennis, Ci~ecretaxy