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11-22-2022 Agenda PacketMEETING AGENDA City Council SPECIAL SESSION CITY COUNCIL November 22, 2022 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 CITY OF SCHERTZ CORE VALUES Do the right thing Do the best you can Treat others the way you want to be treats Work cooperatively as a tea Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Gutierrez) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Discussion and Action Items November 22, 2022 City Council Agenda Page 1 1. Resolution No. 22 -R -134 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas canvassing the returns and declaring the results of the November 8, 2022, General Election; and other matters in connection therewith. (Mayor /Council /S.Edmondson) 2. Resolution No. 22 -R -135- Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas calling the January 3, 2023, City of Schertz Joint Runoff Election with Guadalupe County, Bexar County and Comal County and approving the Guadalupe County Election Contract stating that Guadalupe County will oversee the entire Joint Runoff Election. (S.Edmondson /Council) 3. Cancelation of the January 3, 2023- Regular City Council Meeting - Consideration and/or action canceling the January 3, 2023, City Council meeting due to the January 3rd, 2023 City of Schertz Runoff Election for the Mayor's and Council Place 2 positions. (Mayor/ S.Edmondson) Roll Call Vote Confirmation Oath of Office • Re- elected Officers -Oath of Office (S.Edmondson) Oath of Office to Re- Elected Councilmember Place 1 -Mark E. Davis Comments by Councilmember Davis Adjournment CERTIFICATION I, SHEILA EDMONDSON, INTERIM CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 19th D AY OF NOVEMBER 2022 AT 2.30 PM, WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. SHEILA F� DMONDSON I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2022. TITLE: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services, please call 210 - 619 -1030 The City Council for the City of Schertz reserves the right to adjourn into closed session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a November 22, 2022 City Council Agenda Page 2 court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. :li�lil�[ i/[K�7►/luiNo Ohl :\017 1 Mayor Gutierrez Councilmember Scagliola — Place 5 Audit Committee Animal Advisory Commission - Alternate Board of Adjustments Cibolo Valley Local Government Corporation - Alternate Investment Advisory Committee Hal Baldwin Scholarship Committee Main Street Committee Interview Committee for Boards and Commissions - Alternate Schertz- Seguin Local Government Corporation Councilmember Davis— Place 1 Councilmember — Place 2 (VACANT) Interview Committee for Boards and Commissions Main Street Committee - Chair Parks & Recreation Advisory Board Schertz Housing Authority Board Transportation Safety Advisory Commission TIRZ II Board Councilmember Whittaker — Place 3 Councilmember Dahle — Place 4 Audit Committee Cibolo Valley Local Government Corporation Historical Preservation Committee Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions Planning & Zoning Commission Library Advisory Board TIRZ 11 Board TIRZ 11 Board Councilmember Heyward — Place 6,..,..,. Councilmember Brown — Place 7 Animal Advisory Commission Economic Development Corporation Audit Committee Main Street Committee Building and Standards Commission Schertz- Seguin Local Government Corporation - Alternate Economic Development Corporation - Alternate Investment Advisory Committee Main Street Committee November 22, 2022 City Council Agenda Page 3 17 x.�lM1 �11�111 Ci7►`��[i�►•T►��fc�! A RESOLUTION II OF i OF OF SCHERTZ, TEXAS, APPROVING THE CANVASS OF THE NOVEMBER 8. 2022 GENERAL ELECTION AND DECLARING THE RESULTS OF i WHEREAS, a General E lection were held in the City of S ch e rtz, Texas ( the "City "), on the 8th day of November 2022 to elect a M a y o r a n d Councilmembers for Place 1, Place 2 for a three -year term; and WHEREAS, said elections were duly and legally held in conformity with the applicable election laws of the State of Texas ( "Texas "); and WHEREAS, • • of • provided • the City, as required by s election Texas law, the • by • on of • WHEREAS, • •• Texas law, Mayor Ralph Gutierrez and the City Council canvassed duly the results of • Noveiriber 2022; and BEXAR COMAL GUADALUPE BEXAR COMAL GUADALUPE TOTAL VOTES CAST MAYOR Robert C. Marks, Jr. 284 92 1418 134 49 648 2625 Ralph Gutierrez 561 115 4043 200 51 1337 6307 Cedric Edwards 489 90 2206 153 30 1 793 3761 PLACE I Mary E. Davis 993 272 6049 356 120 2227 10,017 PLACE 2 Michelle Watson 448 96 2989 163 47 110 4843 Tiffany M. Gibson 654 74 2539 210 51 896 4424 Paul. J Kendzior 129 109 1230 58 26 424 1976 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I The City Council finds that the results of the general election as set forth above reflect the reported votes, and the canvass of votes is hereby approved. The total of votes cast during early voting was 2 4, 8 8 0 by personal appearance and absentee, and 9073 votes were cast • Election Day. The total number • votes cast in this election was 33,953. -01MV191610M Mark E. Davis - Is hereby declared elected • the Office • Councilmember Place 1. The canvass and tabulations of votes cast at the November 8, 2022, election discloses that no candidate for Mayor or Place 2 received sufficient votes to be elected to the city council. It is necessary in conformity with the City Charter and the Texas Election Code, as amended, to call a runoff election for the purpose of voting upon candidates to fill the Mayor's position and Place 2 on the City Council. PASSED, APPROVED AND ADOPTED this 22" day of November, 2022 City of Schertz Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, Interim City Secretary A RESOLUTION BY THE CITY COUNCIL OF SCHERTZ, TEXAS CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD IN THE CITY OF SCHERTZ ON NOVEMBER 8, 2022 AND ORDERING A RUNOFF ELECTION TO BE HELD ON JANUARY 3, 2023 FOR MAYOR AND CITY COUNCIL PLACE 2 AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, on the 5th, day of July 2022 the City Council of the City of Schertz, adoption Resolution • . - neral Election to be held in said on day of accordance of • city, for the purpose of electing a Mayor and electing one Councilmember from WHEREAS, That the canvass and tabulations of votes cast at the election for Mayor and 2 Members of City Council, held November 8, 2022, disclosed that the following candidate received a majority of votes cast at the election in his/her respective place: C i WHEREAS, that the canvass and tabulations of votes cast at the election discloses that no candidate for Mayor or Place 2 received sufficient votes to be elected to the City Council; and that it is necessary in • Code, s call a runoff election for the voting purpose of • ates to fill the Mayor's position and Place 2 on • . I WS i BEXAR COMAL GUADALUPE BEXAR COMAL GUADALUPE TOTAL VOTES CAST MAYOR Ralph Gutierrez 561 115 4043 200 51 1337 6307 Cedric Edwards 489 1 90 2206 153 1 30 793 3761 PLACE 2 Michelle Watson 448 96 2989 163 47 1100 4843 Tiffany M. Gibson 654 74 2539 210 51 896 4424 WHEREAS, i - with Section 2.026, Notices of the Joint Run-off Election shall be posted on the bulletin board at - Hal Baldwin Municipal Complex 1400 - website, and a like copy shall be published not later than the 15" day before Election Day in the newspaper of general circulation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the City Council of the City of Schertz finds and declares the results of such election as per Exhibit A attached to this resolution. Section 2. That it is declared and ordered that Mark Davis has been elected Member of City Council, Place 1; and Section 3. That a runoff election is hereby ordered to be held Tuesday, January 3rd, 2023 for the purpose of electing a Mayor and Place 2 Councilmember; and Section 5. That Guadalupe County oversee the City • Schertz Joint Runoff Election for January 3', 2023 (Counties: Guadalupe, Bexar and Comal) with a Guadalupe County Joint Election contract and shall be responsible for the appointment of the presiding judge and alternate judge for each polling location in accordance with Chapter 32 of the Texas Election Code and may employ other personnel necessary for the proper administration of the election; and Section 6. That election day voting will be 7 a.m. through 7 p.m., and locations of the polli places are designated in Exhibit B attached to this resolution, but which locations may be changed Guadalupe County, and which changes if any, are hereby made part of this resolution referenced and can found by visiting the Guadalupe County Elections at htt-o-//ivww.co,Luada]uDe.tx.us/elections/ind h i�; �ex visiting the City of Scbertz webpage at www.schertz.com or contacting: Lisa Hayes Guadalupe County Elections Administrator 215 S. Milam, Sequin TX 78155 830-303-6363 Section 7. That the last day to vote for the January 3", 2023 City of Schertz Runoff Election is January 3, 2022 Section 8. That applications for ballots by mail must be received no later than 5:00 p.m., January 3rd, 2023 and sent to the following: Guadalupe County Lisa Hayes Guadalupe County Elections Administrator 215 S. Milam, Sequin TX 78155 Section 9. 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 purposes and are adopted as a part of the judgment and findings of the City Council. Section 10. All 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 11. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 12. 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 13. 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 the 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, Texas Government Code, as amended. Section 14. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 22nd day of November, 2022. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, Interim City Secretary r Voting Early i Bexar Comal Guadalupe Bexar Comal Guadalupe Total Votes Vote % Mayor _ Robert r s, Jr. 284 92 1,418 134 4 4 2,625 Ralph Gutierrez 1 1 1,337 7 4% Cedric Edwards 153 30 793 3,761 29.63% - _2,227 Mark vis- s 993 272 6,049 356 120 10,017 100% Michelle Watson _ 2,989 163 47 1,100 , 43.08% Tiffany i s 654 74 2,539 210 6 4,424 39.35 Paul J. Kendzior 129 109 1,230 58 26 424 1,976 17.58% Total Votes Cast 3,558 20,474 1,274 374 7,425 Total Number of voter turnout Prepared and posted this 9th Day of November, 2022 at 1:16 a.m. Sheila Edmondson, Interim City Secretary Ww"Mum- -M �gff PjAma.f., rlffjjw4wJ RUNOFF ELECTION City of Cibolo, City of Schertz, City of Seguin District 8 (swuNDA ELEca& Ciudad de Cibolo, Ciudad de Schertz Ciudad de Seguin Distrito 8) M-Pwmn I 1 1 I [Fif4NI v &SW r um? IM (1mr! 14A ► if tv Lilly. I I I uIll 11yottfA 1 . I I JIM 1 it rpol w'', Irrr SEGUIN ELECTIONS OFFICE 1 215 S. Milam St., Seguin, TX 781 830-303-6363 Emergency and Limited ballots available only at the main location. (Boletas limitadasy de emergencia solamente estan disponibles en este lugar.) I E% 1 I MMMIRM r r 111611101hrl NO "M r , "I RAMItyVAN