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Ordinance 13-E-29 - Election November 5, 2013ORDINANCE NO. 13-E-29 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE HELD ON NOVEMBER 5, 2013 FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACE 3, PLACE 4 AND PLACE 5 FOR SAID CITY; MAHING PROVISION FOR THE CONDUCT OF THE ELECTION; AUTHORIZING CONTRACTS WITH THE ELECTIONS ADMINISTRATORS OF BEXAR, COMAL, AND GUADALUPE COUNTIES TO CONDUCT THIS ELECTION; AUTHORIZING THE ELECTION TO BE HELD AS A JOINT ELECTION; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION; AND DECLARING AN EFFECTIVE DATE WHEREAS, pursuant to Section 9.01{a) of the Home Rule Charter (the "Charter") of the City of Schertz, Texas {the "City"), the regular elections of the City shall be held on the uniform election date in November of each calendar year, with the elections for Councilmembers for Place 3, Place 4, and Place 5 occiuring in November 2013; and WHEREAS, the City Council of the City {the "Council") hereby finds and determines that holding a regular election on November 5, 2013, which is the uniform election date in November prescribed under the Texas Election Code, for the purpose of electing the Councilmembers for Place 3, Place 4, and Place 5 is in accordance with the provisions of the Charter and is in the best interests of the citizens of the City; and WHEREAS, the Council hereby finds and determines that a regular election should be held in the City on November 5, 2013, for the purpose of electing the Councilmembers for Place 3, Place 4, and Place 5; and WHEREAS, the City will contract with the Bexar County Elections Administrator, the Comal County Elections Administrator, and the Guadalupe County Elections Administrator {collectively, the "Elections Administrators") to conduct this election; and WHEREAS, the City Secretary shall publish and post notice of this election as required by applicable law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. An election shall held on November 5, 2013 in and throughout the City, for the purpose of electing the Councilmembers far Place 3, Place 4, and Place 5, which places are currently held by (i) Councilmember George Antuna, Jr. -Place 3, (ii) Councilmember Cedric Edwards -Place 4, and (iii) Councilmember Sydney Verinder - Place 5. Section 2. At said election, the candidate receiving the mast votes for Councilmember for Place 3, Place 4, or Place 5, respectively, is declared elected for a term to expire in November 2015. Any candidate desiring to have his or her name on the Official Ballot for said election shall, no sooner than July 29, 2013, and no later than August 26, 2013, file with the City Secretary an application in writing in the form prescribed by the Texas Election Code requesting that his or her name be placed on the Official Ballot and declaring as a candidate for Councilmember for Place 3, Place 4, or Place S. Any person failing to file said written application for candidacy by the time aforesaid shall not be entitled to have his or her name printed on the Official Ballot. The name of all eligible candidates whose applications have been duly and timely filed shall be placed on the ballot pursuant to a drawing as provided by law. Section 3. Pwsuant to Section 61.012, Texas Election Code, as amended, the City shall provide at Ieast one accessible voting system in each polling place used in the election. Such voting system shall comply with Texas and federal laws establishing the requirement for voting systems that permit voters with physical disabilities to cast a secret ballot. Touch screen machines may be used for early voting and Election Day voting by personal appearance. Certain early voting may be conducted by mail. The Elections Administrators shall also utilize a Central Counting Station (the "Station"} as provided by Section 127.001, et seq., Texas Election Code, as amended. Comal County Election Administrator Julie Kassab, Bexar County Election Administrator Jacque Callanen, and Guadalupe County Administrator Sue Basham will serve as the Managers and Presiding Judges of the Stations, will appoint the Election Judges and Station Clerks for each Station location, and will establish a written plan for the orderly operation of the Station locations in accordance with the provisions of the Texas Election Code. The Elections Administrators will appoint the Tabulation Supervisors which will also serve as the Programmers for the Stations. Lastly, the Electians Adminishators will publish notice and conduct testing on the automatic tabulation equipment relating to the Stations and conduct instruction for the off cials and clerks for the Stations in accordance with the provisions of the Texas Election Code. Section 4. The City election precincts established for this election shall be the precincts named on Exhibit A attached hereto. A list of the City election precincts and the polling places designated for each such electian precinct are identified on Exhibit A to this Ordinance, and this exhibit is incorporated by reference for all purposes. At least 63 days prior to the scheduled election date, the Council, in coordination with the Elections Administrators, will identify and formally approve the appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election officials for this election. Each Presiding Judge shall appoint not less than two (2) resident qualified voters of the County to act as clerks to properly conduct the election. However, if the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. The appointment of such clerks may include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the day of the election. In the absence of the Presiding Judge named above, the Alternate Presiding Judge shall perform the duties of the Presiding Judge. The election shall be held at the precinct locations listed on Exhibit A on Tuesday, November 5, 2013, as prescribed by applicable law, and, on the day of the election, the polls shall be open from 7:00 a.m. to 7:00 p.m. The Bexar County Elections Office, 203 W. Nueva, Ste. 3.61, San Antonio, Texas 78207, the Corral County Elections Office, 178 E. Mill Street, Suite 101, New Braunfels, Texas 78130, and the Guadalupe County Elections Office, 1101 Elbel Road, Schertz, Texas 78154, are hereby designated as the main early voting places at which early voting shall be conducted for those living respectively in Bexar, Corral, and Guadalupe Counties. Jacquelyn Callanen, the Elections Administrator of Bexar County (whose mailing address is 203 W. Nueva, Ste. 3.61, San Antonio, Texas 78207), Julie Kassab, the Elections Adminish~ator of Corral County (whose mailing address is 178 E. MiII Street, Suite 101, New Braunfels, Texas 78130), and Sue Barham, the Elections Administrator of Guadalupe County (whose mailing address is Past Office Box 1346, Seguin, Texas 78156) are hereby appointed as the Early Voting Clerks to conduct such early voting in the election in accordance with the provisions of the Texas Election Code. Each Early Voting Clerk shall appoint not less than two (2) Deputy Early Voting Clerks in accordance with the provisions of the Texas Election Code. Early voting shall be conducted from Monday, October 21, 2013 through Friday, November 1, 2013, with the exception of certain Saturdays, Sundays, and official State holidays. The locations and hours for the early voting are attached to this Ordinance an Exhibit A. Applications for ballots by mail must be received by the Early Voting Clerks of the appropriate Counties not later than the close of business on Friday, October 25, 2013. An Early Voting Ballot Board for each County is hereby established for the purpose of processing early voting results. Julie Kassab, Elections Administrator of Corral County, Jacquelyn Callanen, Elections Administrator of Bexar County, and Sue Basham, EIections Administrator will appoint the Presiding Judges of the applicable Early Voting Ballot Board. Each Presiding Judge shall appoint not less than two (2) nor more than ten (10) resident qualified voters of the applicable County to serve as members of the applicable Early Voting Ballot Board. Section S. The anricipated fiscal impact of conducting the election is currently estimated to be $25,990.14. Section 6. All resident qualified voters of the City shall be permitted to vote at the early voting locations in their County of residence, and on the day of the election, such voters shall vote at any one of the applicable designated polling places. The election shall be held and conducted in accordance with the provisions of the Texas Election Code, as amended, and as may be required by any other law. All election materials and proceedings shall be printed in both English and Spanish. Section 7. A substantial copy of this Ordinance shall serve as a proper notice of the election. This notice, including a Spanish translation thereof, shall be posted at the City Hall not less than twenty-one (21) days prior to the date the election is to be held, and be published in a newspaper of general circulation in the City, (a) not more than thirty (30) days, and not less than ten (10) days prior to the day of the election, and (b) on the same day in each of two successive weeks with the first publication occurring not less than fow-teen {14) full days prior to the day of the election. Section S. The Council authorizes the City Manager, or his/her designee, to negotiate and enter into one or mare joint election agreements with other governmental organizations in accordance with the provisions of the Texas Election Code in such form as shall be approved by the City Manager, or his/her designee, and the City Attorney. Section 9. The Council authorizes the City Manager, or his/her designee, to negotiate and enter into contracts with the EIections Administrators to conduct the election in accordance with the provisions of the Texas Election Code in such form as shall be approved by the City Manager, or his/her designee, and the City Attorney. Section 10. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 11. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordered herein. Section 12. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 13. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Ordinance would have been enacted without such invalid provision. The Council hereby authorizes the Mayor and the City Manager of the City to make such technical modifications to this Ordinance that are necessary for compliance with applicable Texas or federal law or to cat7y out the intent of this Council, as evidenced herein. Section 14. It is offcially found, determined, and declared that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Chapter 551, Texas Government Cade, as amended. Section 15. This Ordinance shall be in force and effect fiom and after its final passage and any publication required by law. PASSED AND APPROVED on first reading this 13th day of August, 2013. PASSED, APPROVED, AND ADOPTED on second and final reading this 24th, day of August, 2013. Michae R. Carpenter, Mayor ATTEST: Brenda Dennis TRMC, MMC, City Secretary (SEAL OF CITY} EXHIEiIT "A" COMAL COUNTY, TEXAS 2013 CONSTITUTIONAL AMENDMENT JOINT ELECTION (2013 ENMIENDACONSTiTUCIONAL ELECTORAL CONJUNTA EN EL CONDADO DE CDMALi November 5, 2D13 (D!a de 1a Flecet6n: 5 de novlembre de 2079) EARLY VOTING LOCATIONS (SrT105OE VorAC16NAHTlCfPADAJ _ Location Dates & Hours of Main Earl Votin Pollin Lotatian (lunar, Fechas v Norps de los Cenrras Pdacloales de Vatacidn nary la Votucldn Ant(dQadol MAIN LOCATION: Lando Dfflces {losCentrosPrincrpolesJ 178 E. Mi[i St. Ste. 101 NEW BRAUNFELS, TX 78130 DATES and HOURS: October 21-25, 2013 - 8 a.m. to 5:00 p.m. (Fechas y HorasJ (2]-25 de oc(ubre de 20]3 - 8 a.m. - 5:00 p.m.) October 26, 2013 - 9 a.m. to 1 p.m. (2b de octubre de 20]3 - g a.m. -1 p.m.J October 28-30, 2013 - 8 a.m. to 5 p.m. (28-34 de oc[ubre de 20]3 - 8 a.m. - 5 p.m.J October 31, 2013 - 7 a.m. to 7 p.m. {3i da octubre de 20]3 - 7 a.m. - 7 p.m.J November 1, 2013 - ti a.m. to 6 p.m. {I de noviemhre de 2013 - 6 a.m. - 6 p. m.) Location, Dates & Hours of Temporary Branch Early VotinE; Polling Locations !Lugar, Fechas v Noras de las Sucunofes de !os Centros temnaraf de Votaddn Wars !a Votac]6n Antlcfnadal Garden Ridge City Hall October 21-22, 2013 - 8 a.m. - 5:00 p.m. 9400 Municipal Parkway (21-22 de oc[ubre de 2013 - 8 a.m. - 5:00 p.m.} Garden Ridge, Texas 78266 Bulverde]Spring Branch Library October 24-25, 2013 -1D a.m. to 5:00 p.m. 131 Bulverde Crossing (2425 de actubre de 20]3 - ]0 a.m. - 5:00 p. m.) Bulverde, Texas 78163 CRRC Community Center October 29-3 D, 2013 - B a.m. to S:DD p.m. 125 Mabel Jones Dr. (29-30 da ocfubre da 20]3 - 8 a.m. - 5:00 p.m.J Canyon Lake, Texas 78133 Applrcallons far BalloE by Mall shall be mailed to: (Las solicitudes para boletas que se votaran adelantada por Correa deberan envfawe a:} Julie Kassah, 178 E. MIII St. Sulle 167, Hew Braunfels TX 78130 Applications for Ballots by Mall must be received no later than the close of business on Oct 25, 2013. tlas solidfudes para balelas que se votaran adelanlada por cameo deberan redhlrse para el On de las horas do negoclo e125 de OcL, 2093.) ELECTION PRECINCT AND ELECTION DAY POLLING LOCATIONS PRECINT05 DE LA ELECCI N Y LUGARES DE VOTACI N EL D A DE LA ELECCION PCT PCTO POLLING PLACE LUGAR DE VOTACION ADDRESS DIRECCIbN CITY CIUDAD 101, 401 Comal County Senior Citizens Center 655 Lando New Braunfels 103, 203 Freedom Fellowshi Church 410 Oak Run Point Now Braunfels 105, 106 Can on Lake Golf Club 405 Watts Lane Can on Lake 201, 202 Peace Lutheran Church 1147 S. Walnut Ave. Now Braunfels 102, 204 Bulverde Communi Center 1747 E. Ammann Rd. Bulverde 205 JaY F. Feibelman Garden Ridge Cammunl Center 21340 FM 3009 Garden Ridge 206 Johnson Ranch Elementary School 30501 Johnson Way @ FIJI 1863 Bulverde 301, 302, 303 St. Paul Lutheran Church 181 South Santa Clara Ave. New Braunfels 104, 402 Church in the Valle 14181 FM 306 Can on Ci 304, 305 Frazier Elements School 1441 E. H 81 New Braunfels 403 Fischer Communi Center 124D0 FM 32 Fischer 404, 406 Cross Lutheran Church 2171 E. Common 5t. New Braunfels 405 S rin Branch Ba list Church 11755 Hi hwa 281 N S rin Branch NOVEMBER 5, 2013 CITY OF SCHERTZ GENERAL ELECTION GUADALUPE COUNTY, TEXAS Location Dates & Hours of Tem ora Branch Earl Votin Pollin Locations (Lugar, Fecltas y Horas de tas Sucursales de tos Centros femnorat de Votact6n Para !a VotaclGn Anticluada) SEGUIN ELECTIONS OFFICE -Main Early Voting Location 215 So. Milam St. Seguin, TX 78155 Temgorary Branch Eariy Voting Locations: GRACE MEMORIAL CHURCH 3240 FM 725 New Braunfels, TX NEW BRAUNFELS MUNICIPAL AIRPORT 2333 FM 758 New Braunfels, TX SCHERTZ ELECTIONS OFFICE ANNEX 1101 Elbel Road Schertz, TX NEW BERLIN CITY HALL 9180 FM 775 New Berlin, TX Monday, Oct, 21ST through Friday, Oct. 25'x, 2013 Lunes, 21 de Oct. pasta e! Viernes, 25 de Oct. de 2093 8:00 a.m. fo 5:00 p.m. de 8:00 de 1a manana a !as 5:00 de farde Saturday, Oct. 26, 2013 - 7:00 a.m. to 7:00 p.m. Sabado, 26 de Oct., 2013 - de 7:00 de !a manana a !as 7:00 de !a farde Sunday, Oct, 27, 2013 -1;00 p.m. to 6:00 p.m, Domingo, 27 de Oct., 2013 -- de 9:00 de !a farde a !as 8:00 de !a farde Monday, Oct. 28th through Friday, Nov. 1ST, 2013 Lunes, 28 de Oct. pasta e! Viemes, 9 de Nov. de 2013 7:00 a.m. to 7:00 p.m. de 7:00 de la manana a las 7:00 de tarde Election Day Polling Locations Polls Open from 7:00 a.m. to 7:00 p.m. 303 Schertz Elections Office, 1101 Elbel Rd., Schertz 304 Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz 306 Selma City Hall, 9375 Corporate Dr., Selma 306 Crosspoint Fellowship Church, 2600 Roy Richard Drive, Schertz 409 Immaculate Conception Catholic Church, 212 N. Barnett St., Marion 402 Schertz Community Center, 1400 Schertz Parkway, Schertz 403 Knights of Columbus Hall, 509 Schertz Pkwy., Schertz 404 Schertz Community Center North (formerly Northcliffe Fire Station), 3501 Morning Dr., Cibolo 409 Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo Applications for Ballot by Mail shad be mailed to: (Las solicitudes Para boletas que se votaran adelantada por correo deberan enviarse a:] Sue Basham, Elections Administrator, P. 0. Box 1346, Seguin, TX 78156.1346. Applications for Ballots by Mall must be received no later than fhe close of huslnoss on Oc1.25, 2013. (Las solicitudes para boletas que se ~otaran adelantada por correo deberan reclblrse Para el tin de las horas de negaclo e125 de Oct., 2013.) NOVEMBER 5, 2013 CITY OF SCHERTZ GENERAL ELECTION. BEXAR COUNTY, TEXAS CONSTITUTIONAL AMENDMENT ELECTION ELECCION SOBRE ENMIENDAS A LA CONSTITUCION NOVEMBER 5, 2013 5 de noviembre de 2013 THE HOURS OF EARLY VOTING WILL BE: (LAS HORAS Y FECHAS DE VOTACION ADELANTADA 5ERAN:} Monday, October 21 thru Friday, October 25, 2013 ...............................8:00 a.m. to 6:00 p.m. Lunes 21 de octubre de 2013 hasta viernes 25 de octubre de 2013 ....$:00 a.m. to 6:00 p.m. Saturday, October 26, 2013 .................................................................. ..10:00 a.m. to 6:00 p.m. Sabado 26 de octubre de 2013 ...............................................................10:00 a.m. to 6:00 p.m. Sunday, October 27, 2013 .....................................................................12:00 noon to 6:00 p.m. Domingo 27 de octubre de 2013 .......................................................... 12:00 noon to 6:00 p.m. Monday, October 28 thru Friday, November 1, 2013 ......................... ...8:00 a.m. to 8:00 p.m. Lunes 28 de oc#ubre de 2013 hasta viernes 1 de noviembre de 201 3.8:00 a,m. to 8:00 p.m. October 21, 2013 -November 1, 2013 SUN MON TOES WED THURS ERI SAT 20 21 22 23 24 25 26 ****** ****** ****** *~***# ****** ***t*** 27 28 ******* 29 30 39 1 2 ******* ******* ******* ******* ******* 3 4 5 6 7 8 9 ELECTION DAY Legend: ******** Indicafes dafes open for early voting Main Early Voting Location:(Localidad Principal de Notation Adelantada:} BEXAR COUNTY JUSTICE CENTER ....................................................... 300 Dolorosa DEAFLINK available for the hearing impaired In addition to the main early polling place, early voting will be conducted at the following locations: {Ademas de la localidad principal, votacion adelantada se Ilevara a cabo en las siguiente localidades:} BROOKHOLLOW LIBRARY ................................................................530 Helmer Road CASTLE H[LLS CITY HALL(SE CORNER of CouNCiL cwaMBERS} . .............209 Lemonwood Dr. CLAUDE BLACK CENTER ...................................................................... 2805 East Commerce CODY LIBRARY ............................................................................. ........ 11441 Vance Jackson COLLINS GARDEN LIBRARY ........................................................ ....................200 North Park CONVERSE ED KNEUPPER JUSTICE CENTER ....................... ............. 402 S. Seguin Rd COPERNICUS COMMUNITY CENTER .................................................... 5003 Lord Rd. EAST CENTRAL ISD ADMIN BUILDING .............................. 6634 New Sulphur Springs Road FAIR OAKS RANCH C[TY HALL... (COUNCIL CHAMBERSy ...................7286 Dietz Elkhorn GREAT NORTHWEST LIBRARY ............................................ .................. 9050 Wellwood HENRY A. GUERRA, JR. LIBRARY ............................................... ........7978 WMilitary Drive JOHN 1G0 LIBRARY .................................................................. 13330 Kyle Seale Parkway JOHNSTON LIBRARY .................................................................... ........ 6307 Sun Valley Drive JULIA YATES SEMMES LIBRARY @ Comanche Lookout Park .. ............15060Dudson Road LAS PALMAS L[BRARY ................................................................. ..........515-Castroville Road LEON VALLEY COMMUNITY CENTER .................................... ..............6421 Evers Road LION'S FIELD ................................................................................. ................... 2809 Broadway MAURY MAVERICK, JR. LIBRARY ............................................... ................ 8700 Mystic Park MCCRELESS LIBRARY .................................................................... 1023 Ada Street MEMORIAL LIBRARY........~ .....................................................................3222 Culebra MISSION LIBRARY ............................................................... ...........100 Roosevelt Ave. NORTHSIDE ACTIVITY CENTER ................................................... .......................7001 Culebra OLMOS PARK CITY HALL .......................................................120 West EI Prado Drive PARMAN LIBRARYcLDStone Oak ............................................ ...... 20735 Wilderness Oak SHAVANO PARK CITY HALL... (COUNCIL CHAMB) ................. ......... 900 Saddletree Ct SOMERSET HIGH SCHOOL .................................................7650 South '1604 West, Somerset SOUTH PARK MALL ............................................................ .............2310 S.W, Military TOBIN LIBRARY @OAKWELL ............................................... ..... 4134 Harry Wurzbach UNIVERSAL CITY -CITY HALL .................................................... 2150 Universal City Blvd. WINDCREST TAKAS PARK CIVIC CENTER ............................. ..............9310 Jim Seal Dr. WONDERLAND MALL OF THE AMERICAS @ CROSSROADS ...........4522 Fredericksburg Applications for Ballot by Mail shall be mailed to: {Las solicitudes para boleias que se votaran adelantada por correo deberan enviarse a:) Jacquelyn F. Callanen, Elections Adminlstrator, 203 W. Nueva, Ste. 3.6'f, San Antonio, 7$207 Applications for Ballots by Mall musf be received no later ihan the close of business on Oct. 25, 2073. (Las soficltudes para boleias que se votaran adelantada por correo deberan reclbirse para el tin de las horas de negocio el 25 de Oct., 2013.) Election Day Polling Locations Polls Open from 7;00 a.m. to 7:00 p.m. Precinct 31051308713103131701318 3 40561410014158 4144140571405814126 4079!4194 4081 4104 41 fi4I4097l410514116 Fox Run Elementary, 6111 Fox Creels Ed Franz Elementary, 12301 Welcome Dr Universal City City Nall, 2150 Universal City Blvd Coronado Village Elementary, 213 Amistad Randolph AFB, Theater, !Washington Circle John H. Wood Jr. Middle Schoo1,14800 Judson Rd. Olympia Elementary, 8439 Athenian For more information contact the office of the Bexar County Elections Administrator, Jacquelyn F. Callanen, at (210J 335-VOTE (8683) (Para mas information comuniquese con oficina del Condado de Bexar Administrador de Elecciones, Jacquelyn F. Callanen, al telefono (210y 335-VOTE (8683y subject to change (sujeto a cambio)