15-M-40 - Ordering and Declaring 2015 Charter Amendments AdoptedORDINANCE NO. 15 -M -40
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ORDERING AND
DECLARING THE 2015 CHARTER AMENDMENTS ADOPTED.
WHEREAS, on November 3RD, 2015 the City of Schertz held an election on the adoption of
amendments to the City's Home Rule Charter; and
WHEREAS, on November 16th, 2015 the City Council canvassed the votes of said election;
and
WHEREAS, Texas Local Government Code Section 9.05 (b) provides that an amendment to a
charter does not take effect until the governing body of the municipality enters an order in the
records of the municipality declaring that the amendment is adopted; and
WHEREAS, pursuant to notice of a public meeting held in compliance with the Texas Open
Meetings Act, the City Council of the City of Schertz, Texas, convened into a regular meeting
of the City Council on this the 17th day of November, 2015 for the purpose of entering an order
into the records of the City and declaring that the amendments to the City Charter are adopted.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, THAT:
Section 1. Findings. The foregoing recitals are hereby found to be true and correct and are
hereby adopted by the City Council and made a part hereof for all purposes as findings of fact.
Section 2. Proceedings. That an election was duly called and held on November 3rd, 2015
and final votes were canvassed on November 16th, 2015 on the question of the adoption of
amendments to the City of Schertz Home Rule Charter.
Section 3. Immediate Adoption of Amendments. It is hereby ordered that the following
amendments are hereby declared to be adopted based on the canvassing of the November 3rd,
2015 election results:
Amendments in Measure 1;
The amendment to Section 4.01 in Measure 2;
The three year term transition with 7 Council members in Measure 2; and
Amendments in Measures 3 through 19.
Section 4. Future Adoption of Amendment. It is hereby ordered that the following
amendment is hereby declared to be adopted, based on the canvassing of the November 3rd,
2015 election results, effective the first Regular City Council in November 2016 that consists
of seven City Council members:
The amendment to Section 4.09(c) in Measure 2.
Section 5. 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 6. All ordinances and codes, 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 resolved herein.
Section 7. That all rights and privileges of the City are expressly saved as to any and
all violations of the provision of any ordinances repealed by this ordinance which have
accrued at the time of the effective date of this Ordinances; and, as to such accrued
violation and all pending litigation, both civil and criminal, whether pending in court or
not, under such Ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
Section 8. 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 the City
hereby declares that this Ordinance would have been enacted without such invalid provision
Section 9. It is officially 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, as amended, Texas Government
Code.
Section 10. This Ordinance shall be effective upon the date of final adoption
hereof and any publication required bylaw.
PASSED ON FIRST READING, the day of is "' �� L , 2015.
PrED, PROVED and ADOPTED ON SECOND READING, thets ay of
, 2015.
CITY OF PTZ, TEXAS
M r, Michael R. Carpenter
ATTEST:
if
City Secretary, Brenda
Dennis (CITY SEAL)
APPROVED AS TO FORM
i
f
City Attom 's Office
AFFIDVITE OF CERTIFICATION OF AMENDMENT AND AUTHENTICITY OF THE
CITY OF SCHERTZ'S HOME RULE CHARTER AMENDMENTS
THE STATE OF TEXAS
COUNTY OF GUADALUPE
BEFORE ME, the undersigned authority, on this day personally appeared Michael R.
Carpenter who, being by me duly sworn, deposed as follows:
My name is Michael R. Carpenter. I am over the age of twenty -one (21) years,
am of sound mind and am fully capable of making this affidavit. The testimony
recited below is within my personal knowledge and is true and correct.
I am the Mayor of City of Schertz. Attached hereto as Exhibit" A" is a true and
correct copy of the City of Schertz's Home Rule City Charter as amended by the
citizens of Schertz on November 3`d, 2015. In addition, attached hereto as Exhibit
"B" is a true and correct copy of the minutes canvassing the election held on
November 3`d, 2015 amending the City's Home Rule Ch e
SUBSCRIBED, AND SWORN TO BEFORE ME, the undersigned authority on this
day of s; °— .2015, to certify which witness my hand doff, a, Seal.
r
Notary Public, tate of Texas
(SEAL)
BRENDA LOUISE DENNIS
NOTARY PUBLIC
STATE Of TEXAS
My Commission Expires 11 -0318