Loading...
15-R-105 Canvass November 3, 2015, General and CharterRESOLUTION OF THE CITY COUNCIL OF SCHERTZ, TEXAS, APPROVING THE CANVASS OF THE NOVEMBER 3, 2015 GENERAL AND .• V'ROPOSITIONS ELECTION " D DECLARING i RESULTS SUCH ELECTION WHEREAS, on July 28, 2015, the City Council of the City of Schertz, Texas ordered a general election for the purpose of electing Councilmembers in Places 3, 4 and 5 as well as ordered a special charter amendment election; and WHEREAS, the City Council has reviewed and investigated all matters pertaining to this election, including the ordering, notices, election officers, holding, and returns thereof, and WHEREAS, said elections were duly and legally held in conformity with the applicable election laws of the State of Texas ( "Texas "); and WHEREAS, AS, the administrators of the election have provided to the City, as required by applicable Texas law, the election results, as tabulated by the administrators on the night of the election; and WHEREAS, in accordance with applicable Texas law, Mayor Carpenter and the City Council duly canvassed the results of the election on this the 16th day of November, 2015; 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 of their action thereupon, the following: City Councilmembers for places 3, 4 & 5, for a two year term ending flovember 2017, which included: PLACE 3: Rosemary Scott Daryl John PLACE 4: Cedric Edwards Don E. Taylor PLACE 5: Robin Thompson Bert Crawford And submitted the following City Charter Propositions: Proposition Description I j "The Amendment of the City Charter eliminating those provisions Page 2 which are redundant of State Law or other sections of the Charter." 2 "The Amendment of the City Charter changing the number of Council Members from five (5) to seven (7)." 3 "The Amendment of the City Charter changing the term of office of City Council members and the Mayor from two (2) years to three (3) years." 4 "The Amendment of the City Charter providing for prohibitions and forfeitures of office and creating a due process procedure." 5 "The Amendment of the City Charter revising the City's financial procedures." 6 "The Amendment of the City Charter to provide that elections are to be conducted pursuant to State law." 7 "The Amendment of the City Charter to provide that initiative and Referendum petitions must be signed by fifteen (15) percent of the number of voters registered to vote at the last general City election and that recall petitions must be signed by qualified voters of the City equal in number to at least twenty (20) percent of the number of voters registered to vote at the last general City election." 8 "The Amendment of the City Charter to provide a process for disannexation of City property as required by State law." 9 "The Amendment of the City Char-ter clarifying that the Mayor is the official signatory for official documents unless otherwise designated by Council." 10 "The Amendment of the City Charter deleting the requirement for the City Council to appoint Assistant City Managers." 11 "The Amendment of the City Charter authorizing the City Manager or a designee to attend all City Council meetings." 12 "The Amendment of the City Charter revising the process for adopting operational and personnel policies. " 13 "The Amendment of the City Charter authorizing the City Secretary to hire and supervise deputy city secretaries." 14 "The Amendment of the City Charter deleting the section requiring the creation of a planning and zoning commission as Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: WHEREAS; from these returns, City Council hereby finds that the following votes were cast in the election by voters who were resident, qualified electors of the City: Place 3 Rosemary Scott Daryl John Place 4 Cedric Edwards Don E. Taylor Place 5 Robin Thompson Bert Crawford repetitive of State law." 15 "The Amendment of the City Charter to provide a process for Bexar amending or repealing an ordinance adopted as a result of a County petition by the voters." 16 "The Amendment of the City Charter prohibiting city officials and ED city council members from violating the State law on conflicts of 30 interest." 17 "The Amendment of the City Charter to require the Charter 19 Review Commission to consist of no less than 5 and not more than 42 11 citizens of the City." 18 "The Amendment of the City Charter to provide the term of office 17 of the Charter Review Commission shall be 180 days after the date 41 of the first meeting with the first meeting to occur within forty - 815 five (45) days of the date of appointment." 19 "The Amendment of the City Charter to provide a process for reconstituting the City Council if required after a common disaster." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: WHEREAS; from these returns, City Council hereby finds that the following votes were cast in the election by voters who were resident, qualified electors of the City: Place 3 Rosemary Scott Daryl John Place 4 Cedric Edwards Don E. Taylor Place 5 Robin Thompson Bert Crawford Comal /Guadalupe County ED 484 549 653 408 628 418 Total Votes 1170 1326 1605 979 1504 1050 Page 3 SECTION I Bexar Bexar Comal /Guadalupe County County County EV EV ED 30 25 631 39 19 719 42 27 883 26 17 528 41 20 815 26 24 582 Comal /Guadalupe County ED 484 549 653 408 628 418 Total Votes 1170 1326 1605 979 1504 1050 Page 3 CITY CHARTER PROPOSITIONS PROPOSITION 1 "The Amendment of the City Charter eliminating those provisions which are redundant of State Law or other sections of the Charter." PROPOSITION 2 "The Amendment of the City Charter changing the number of Council Members from five (5) to seven (7)." FOR AGAINST Early Votes Bexar 61 12 Early Votes Comal /Guadalupe 1348 127 Election Day Bexar 50 0 Election Day Comal /Guadalupe 1074 102 TOTAL 2533 241 PROPOSITION 2 "The Amendment of the City Charter changing the number of Council Members from five (5) to seven (7)." PROPOSITION 3 "The Amendment of the City Charter changing the term of office of City Council members and the Mayor from two (2) years to three (3) years." FOR AGAINST Early Votes Bexar 51 22 Early Votes Comal /Guadalupe 1091 426 Election Day Bexar 41 9 Election Day Comal /Guadalupe 877 330 TOTAL 2060 787 PROPOSITION 3 "The Amendment of the City Charter changing the term of office of City Council members and the Mayor from two (2) years to three (3) years." Page 4 FOR AGAINST Early Votes Bexar 45 29 Early Votes Comal /Guadalupe 962 569 Election Day Bexar 33 17 Election Day Comal /Guadalupe 714 499 Page 4 TOTAL 1754 1114 PROPOSITION 4 "The Amendment of the City Charter providing for prohibitions and forfeitures of office and creating a due process procedure." PROPOSITION 5 "The Amendment of the City Charter revising the City's financial procedures." FOR AGAINST Early Votes Bexar 62 9 Early Votes Comal /Guadalupe 1278 201 Election Day Bexar 45 5 Election Day Comal /Guadalupe 1020 135 TOTAL 2405 350 PROPOSITION 5 "The Amendment of the City Charter revising the City's financial procedures." PROPOSITION 6 "The Amendment of the City Charter to provide that elections are to be conducted pursuant to State law." FOR AGAINST Early Votes Bexar 55 15 Early Votes Comal /Guadalupe 1149 304 Election Day Bexar 44 6 Election Day Comal /Guadalupe 887 242 TOTAL 2135 567 PROPOSITION 6 "The Amendment of the City Charter to provide that elections are to be conducted pursuant to State law." Page 5 FOR AGAINST Early Votes Bexar 66 5 Early Votes Comal /Guadalupe 1426 81 Election Day Bexar 49 1 Election Day Comal /Guadalupe 1132 63 Page 5 TOTAL 2673 150 PROPOSITION 7 "The Amendment of the City Charter to provide that initiative and Referendum petitions must be signed by fifteen (15) percent of the number of voters registered to vote at the last general City election and that recall petitions must be signed by qualified voters of the City equal in number to at least twenty (20) percent of the number of voters registered to vote at the last general City election." PROPOSITION 8 "The Amendment of the City Charter to provide a process for disannexation of City property as required by State law." FOR AGAINST Early Votes Bexar 55 16 Early Votes Comal /Guadalupe 1247 231 Election Day Bexar 46 3 Election Day Comal /Guadalupe 982 182 TOTAL 2330 432 PROPOSITION 8 "The Amendment of the City Charter to provide a process for disannexation of City property as required by State law." PROPOSITION 9 "The Amendment of the City Charter clarifying that the Mayor is the official signatory for official documents unless otherwise designated by Council." FOR AGAINST Early Votes Bexar j 62 10 Page 6 FOR AGAINST Early Votes Bexar 61 11 Early Votes Comal /Guadalupe 1278 191 Election Day Bexar 48 2 Election Day Comal /Guadalupe 1017 145 TOTAL 2404 349 PROPOSITION 9 "The Amendment of the City Charter clarifying that the Mayor is the official signatory for official documents unless otherwise designated by Council." FOR AGAINST Early Votes Bexar j 62 10 Page 6 Early Votes 1361 136 Comal /Guadalupe 44 27 Election Day 49 1 Bexar 38 12 Election Day 1058 118 Comal /Guadalupe 1785 983 TOTAL 2530 265 PROPOSITION 10 "The Amendment of the City Charter deleting the requirement for the City Council to appoint Assistant City Managers." PROPOSITION 11 "The Amendment of the City Charter authorizing the City Manager or a designee to attend all City Council meetings." FOR AGAINST Early Votes Bexar 44 27 Early Votes Comal /Guadalupe 980 506 Election Day Bexar 38 12 Election Day Comal /Guadalupe 723 438 TOTAL 1785 983 PROPOSITION 11 "The Amendment of the City Charter authorizing the City Manager or a designee to attend all City Council meetings." PROPOSITION 12 "The Amendment of the City Charter revising the process for adopting operational and personnel policies." Page 7 FOR AGAINST Early Votes Bexar 64 8 Early Votes Comal /Guadalupe 1352 157 Election Day Bexar 47 3 Election Day Comal /Guadalupe 1056 131 TOTAL 2519 299 PROPOSITION 12 "The Amendment of the City Charter revising the process for adopting operational and personnel policies." Page 7 PROPOSITION 13 "The Amendment of the City Charter authorizing the City Secretary to hire and supervise deputy city secretaries." FOR AGAINST Early Votes Bexar 57 12 Early Votes Comal /Guadalupe 1183 251 Election Day Bexar 44 5 Election Day Comal /Guadalupe 921 205 TOTAL 2205 473 PROPOSITION 13 "The Amendment of the City Charter authorizing the City Secretary to hire and supervise deputy city secretaries." PROPOSITION 14 "The Amendment of the City Charter deleting the section requiring the creation of a planning and zoning commission as repetitive of State law." FOR AGAINST Early Votes Bexar 47 23 Early Votes Comal /Guadalupe 1045 428 Election Day Bexar 43 6 Election Day Comal /Guadalupe 835 321 TOTAL 1970 778 PROPOSITION 14 "The Amendment of the City Charter deleting the section requiring the creation of a planning and zoning commission as repetitive of State law." Page 8 FOR AGAINST Early Votes Bexar 49 19 Early Votes Comal /Guadalupe 1159 297 Election Day Bexar 43 7 Election Day Comal /Guadalupe 884 277 TOTAL 2135 600 Page 8 PROPOSITION 15 "The Amendment of the City Charter to provide a process for amending or repealing an ordinance adopted as a result of a petition by the voters." PROPOSITION 16 "The Amendment of the City Charter prohibiting city officials and city council members from violating the State law on conflicts of interest." FOR AGAINST Early Votes Bexar 55 18 Early Votes Comal /Guadalupe 1102 350 Election Day Bexar 43 7 Election Day Comal /Guadalupe 870 281 TOTAL 1 2070 656 PROPOSITION 16 "The Amendment of the City Charter prohibiting city officials and city council members from violating the State law on conflicts of interest." PROPOSITION 17 "The Amendment of the City Charter to require the Charter Review Commission to consist of no less than 5 and not more than 11 citizens of the City." FOR AGAINST Early Votes Bexar 65 9 Early Votes Comal /Guadalupe 1359 122 Election Day Bexar 49 1 Election Day Comal /Guadalupe 1102 78 TOTAL 2575 210 PROPOSITION 17 "The Amendment of the City Charter to require the Charter Review Commission to consist of no less than 5 and not more than 11 citizens of the City." Page 9 FOR AGAINST Early Votes Bexar 63 8 Early Votes Comal /Guadalupe 1356 106 Election Day Bexar 44 4 Page 9 Election Day 1048 95 Comal/Guadalupe TOTAL 2511 213 PROPOSITION IS "The Amendment of the City Charter to provide the term of office of the Charter Review Commission shall be 180 days after the date of the first meeting with the first meeting to occur within forty-five (45) days of the date of appointment." PROPOSITION 19 "The Amendment of the City Charter to provide a process for reconstituting the City Council if required after a common disaster." FOR AGAINST Early Votes Bexar 63 6 Early Votes Comal/Guadalupe 1308 121 Election Day Bexar 47 2 Election Day Comal/Guadalupe 1021 86 TOTAL 2439 215 PROPOSITION 19 "The Amendment of the City Charter to provide a process for reconstituting the City Council if required after a common disaster." UMMIUMI WHERFAS; the City Council has diligently inquired into the poll lists and the official election returns which were duly and lawfully made to this City Council by the judges and clerks holding and conducting the election; the poll lists and the official election returns showing separately the votes cast in the election and; Page 10 FOR AGAINST Early Votes Bexar 62 9 Early Votes Comal/Guadalupe 1373 97 Election Day Bexar 49 1 Election Day Comal/Guadalupe 1087 68 TOTAL 2571 175 UMMIUMI WHERFAS; the City Council has diligently inquired into the poll lists and the official election returns which were duly and lawfully made to this City Council by the judges and clerks holding and conducting the election; the poll lists and the official election returns showing separately the votes cast in the election and; Page 10 0,01103012,11 Daryl John Is hereby declared elected to the Office of Councilmember Place 3. Cedric Edwards Is hereby declared elected to the Office of Councilmember Place 4. Robin Thompson Is hereby declared elected to the Office of Councilmember Place 5 WHEREAS; from these returns, City Council hereby finds that the following votes were cast in the election by voters who were resident, qualified electors of the City for the City Charter Propositions as follows: Prop. Description Passed or Failed I "The Amendment of the City Charter eliminating those provisions Pass which are redundant of State Law or other sections of the Charter." 2 "The Amendment of the City Charter changing the number of Pass Council Members from five (5) to seven (7)." 3 "The Amendment of the City Charter changing the term of office of Pass City Council members and the Mayor from two (2) years to three (3) years." 4 "The Amendment of the City Charter providing for prohibitions and Pass forfeitures of office and creating a due process procedure." 5 "The Amendment of the City Charter revising the City's financial Pass procedures." 6 "The Amendment of the City Charter to provide that elections are to Pass be conducted pursuant to State law." 7 "The Amendment of the City Charter to provide that initiative and Pass Referendum petitions must be signed by fifteen (15) percent of the number of voters registered to vote at the last general City election and that recall petitions must be signed by qualified voters of the City equal in number to at least twenty (20) percent of the number of voters registered to vote at the last general City election." 8 "The Amendment of the City Charter to provide a process for Pass Page 11 Page 12 disannexation of City property as required by State law." 9 "The Amendment of the City Charter clarifying that the Mayor is Pass the official signatory for official documents unless otherwise designated by Council." 10 "The Amendment of the City Charter deleting the requirement for Pass the City Council to appoint Assistant City Managers." 11 "The Amendment of the City Charter authorizing the City Manager Pass or a designee to attend all City Council meetings." 12 "The Amendment of the City Charter revising the process for Pass adopting operational and personnel policies. " 13 "The Amendment of the City Charter authorizing the City Secretary Pass to hire and supervise deputy city secretaries." 14 "The Amendment of the City Charter deleting the section requiring Pass the creation of a planning and zoning commission as repetitive of State law." 15 "The Amendment of the City Charter to provide a process for Pass amending or repealing an ordinance adopted as a result of a petition by the voters." 16 "The Amendment of the City Charter prohibiting city officials and Pass city council members from violating the State law on conflicts of interest." 17 "The Amendment of the City Charter to require the Charter Review Pass Commission to consist of no less than 5 and not more than 11 citizens of the City." 18 "The Amendment of the City Charter to provide the term of office Pass of the Charter Review Commission shall be 180 days after the date of the first meeting with the first meeting to occur within forty -five (45) days of the date of appointment." 19 "The Amendment of the City Charter to provide a process for Pass reconstituting the City Council if required after a common disaster." Page 12 SECTION V WHEREAS; The City Council finds that the results of the general and special charter amendments election as set forth above reflect the reported votes, and the canvass of votes is hereby approved. SECTION II WHEREAS; the total of votes cast during early voting was 1605 by personal appearance, and 1264 votes were cast on Election Day. The total number of votes cast in this election was 2869 NOW, THEREFORE, IT IS ACCORDINGLY FOUND, DECLARED, AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: SECTION 1: The City Council of the City officially finds, determines, and declares that the election was duly 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 had 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 ordinance calling the elections. SECTION 2: A MAJORITY of the resident, qualified voters of the City of Schertz, Texas, voting in such election, having voted FOR City Councilmembers for Places 3, 4 and 5. SECTION 3: A MAJORITY of the resident, qualified voters of the City of Schertz, Texas, voting in such election, having voted FOR the authorization of the City of Schertz Charter Propositions lthrough 19. SECTION 4: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposed and are adopted as a part of the judgment and findings of the City Council. SECTION 5: All ordinances and 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 6: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Page 13 SECTION 7: 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 8: 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 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 9: This Resolution shall be in force and effect from and after its final passage and it is so resolved. PASSED, APPROVED AND ADOPTED this 16th day of Nove, er, 2015. 7 Michael R. Carpenter, Mayor Attest: Brenda Dennis, City Secretary Page 14