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2008E34-Election-November 4, 2008 ORDINANCE NO. 08-E-34 AN ORDINANCE CALLING A HOME RULE CHARTER AMENDMENT ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS ON NOVEMBER 4, 2008; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION AND DECLARING AN EFFECTIVE DATE WHEREAS, pursuant to Section 12.04 of the Horne Rule Charter (the "Charter") of the City of Schertz, Texas (the "City"), the City Council of the City, by majority vote of the full membership of the City Council reflected in this Ordinance, has recommended amendments to the Charter; and WHEREAS, the City Council of the City hereby determines to submit to the qualified voters of the City for their adoption or rejection certain proposed amendments to the Charter pursuant to the provisions of Sections 12.04 of the Charter and Section 9.004, as amended, Local Government Code; and WHEREAS, the Council hereby finds and determines that the Charter amendment election shall be held on November 4, 2008 which is the next uniform election date prescribed under the Texas Election Code, as amended; and WHEREAS, the Council hereby finds and determines that holding the proposed Charter amendment election on the next uniform election date is in the best interests of the citizens of the City; and WHEREAS, the City has contracted with the Guadalupe County Elections Administrator (the "Elections Administrator") to conduct this election; WHEREAS, the City Secretary shall publish and post notice of this election as required by applicable law; and WHEREAS, the Council hereby finds and determines that it is in the best interests of the citizens of the City to submit, for adoption or rejection, the proposed amendments to the Charter, at the earliest possible date, in order for this Council to be advised of the wishes of the citizens of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. An election shall be held on November 4, 2008, a uniform election date in the City of Schertz, Texas, which date is not less than thirty (30) days from the date of the final adoption of this ordinance (this "Ordinance"). The official ballots for the election shall be prepared in accordance with the Texas Election Code, as amended, and the Charter so as to permit the qualified voters of the City to vote "Yes" or "No" for each of the proposed Charter amendments which shall appear on the ballot substantially as provided below. On the date ofthe election the following amendments to the Charter shall be submitted to the qualified voters of the City: Charter Ordinance.doc 1 Charter Amendment No.1 "Shall Sections 4.02 and 8.01 ofthe existing City Charter be amended to delete the word 'qualified' in the references in such Sections to a person being a 'qualified registered voter'?" Charter Proposition No.1 "Shall the City be authorized to amend the City Charter as provided in Amendment No.1?" Yes No Charter Amendment No.2 "Shall the second sentence of Section 4.06( c)(1) of the existing City Charter relating to filling a vacancy on the City Council when there are less than 365 days left in the vacated term be amended to read as follows?" "If there are less than 365 days remaining in the term of the vacated City Council position, the City Council may, by majority vote of the remaining Councilmembers, at its discretion appoint a new Mayor or Councilmember to fill such vacancy or call a special election to fill such vacancy." Charter Proposition No. 2 "Shall the City be authorized to amend the City Charter as provided in Amendment No.2?" Yes No Charter Ordinance.doc 2 Charter Amendment No.3 "Shall Sections 4.07(a), 12.02(a)(4), and 12.02(a)(5) of the existing City Charter be amended to delete the word 'appointive' in the references in such Sections to a person holding a 'compensated appointive City' position, office, or employment?" Charter Proposition No.3 "Shall the City be authorized to amend the City Charter as provided in Amendment No.3?" Yes No Charter Amendment No.4 "Shall Sections 4.09( e)(1) and 11.02 of the existing City Charter be amended to delete the requirement of publishing in the newspaper an entire franchise ordinance as a requirement for such ordinance to be effective?" Charter Proposition No.4 "Shall the City be authorized to amend the City Charter as provided in Amendment No.4?" Yes No Charter Amendment No.5 "Shall the next to last sentence of Section 5.01 of the existing City Charter relating to the termination of the City Manager be amended as follows?" "He or she shall be employed for or relieved from his or her duties by a vote of a majority of the members of the entire City Council." Charter Proposition No.5 "Shall the City be authorized to amend the City Charter as provided in Amendment No.5?" Yes No Charter Ordinance.doc 3 Charter Amendment No.6 "Shall the last sentence of Section 5.01 of the existing City Charter relating to the appointment of Assistant City Managers be amended as follows?" "The City Manager may appoint one or more Assistant City Managers and set the compensation for such appointees." Charter Proposition No.6 "Shall the City be authorized to amend the City Charter as provided in Amendment No.6?" Yes No Charter Amendment No.7 "Shall the third sentence of Section 6.07(a) of the existing City Charter requiring the City's Assessor-Collector to give a surety bond be deleted?" Charter Proposition No.7 "Shall the City be authorized to amend the City Charter as provided in Amendment No.7?" Yes No Charter Amendment No.8 "Shall Section 7.1 O(b)( 11) of the existing City Charter relating to the selection of a City depository bank, which provision is in conflict with State law, be deleted?" Charter Proposition No.8 "Shall the City be authorized to amend the City Charter as provided in Amendment No.8?" Yes No Chalter Ordinance.doc 4 Charter Amendment No.9 "Shall the first sentence of Section 9.03 of the existing City Charter relating to City Council elections be amended to delete' greater number of and insert 'most' to confirm that members of the City Council may be elected by plurality and that run-off elections are not required?" Charter Proposition No.9 "Shall the City be authorized to amend the City Charter as provided in Amendment No.9?" Yes No Charter Amendment No. 10 "Shall Section 12.02( a)( 4) of the existing City Charter relating to political solicitation of City employees be amended to provide that 'No City employee or elected or appointed City official' shall in any way solicit' any assessment, subscription or contribution for any political party or political purpose' from any person holding a compensated City position?" Charter Proposition No. 10 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 10?" Yes No Chalter Ordinance.doc 5 Charter Amendment No. 11 "Shall Section 12.02(a)(6) ofthe existing City Charter relating to conflicts of interest be amended to provide as follows? "No person related within the second degree by affinity or within the third degree by consanguinity to any elected officer of the City, or to the City Manager, shall be employed by the City or be appointed to any office, position, or clerkship or other service of the City, but this prohibition shall not apply to any such person related in the prohibited degree who has been continuously employed by the City for not less than two years prior to the election or appointment of the officer." Charter Proposition No. 11 "Shall the City be authorized to amend the City Charter as provided in Amendment No. 11?" Yes No Charter Amendment No. 12 "Shall the fourth sentence of Section 12.04 of the existing City Charter relating to elections for proposed amendments to the City Charter be amended to provide as follows: "Not less than thirty days prior of such election, the City Secretary shall make available at the City Offices a copy of the proposed amendment or amendments." Charter Proposition No. 12 "Shall the City be authorized to amend the City Charter as provided in Amendment No.12?" Yes No SECTION 2. Pursuant to Section 61.012, as amended, Texas Election Code, the City shall provide at least 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 Election Administrator shall also utilize a Central Counting Station (the "Station") as provided by Section 127.001, et seq., as amended, Texas Election Code. Ms. Sue Basham, the Elections Administrator of Guadalupe County, has been appointed as the Manager and Presiding Judge of the Station, and she may appoint Station clerks and establish a written plan for the orderly operation of the Station in accordance with the Chalter Ordinance.doc 6 provisions of the Texas Election Code. The Election Administrator has appointed Rick Arroues as the Tabulation Supervisor and Sue Basham as the Programmer for the Station. Lastly, the Election Administrator will publish notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for the Station in accordance with the provisions ofthe Texas Election Code. SECTION 3. 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 election 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 Administrator, 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 in the City as prescribed by applicable law and on the day of the election, the polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m. The Guadalupe County Elections Office, 1101 Elbel Road, Schertz, Texas 78154, is hereby designated as the main early voting place at which early voting shall be conducted. Ms. Sue Basham, the Elections Administrator of Guadalupe County (whose mailing address is Post Office Box 1346, Seguin, Texas 78156), is hereby appointed as the Early Voting Clerk to conduct such early voting in the election. The 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 on the dates and at the times, and at the locations, identified in Exhibit B hereto, and this Exhibit is incorporated herein by reference for all purposes. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. Sylvia Marmolejo is appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2) nor more than ten (10) resident qualified voters of the County to serve as members of the Early Voting Ballot Board. SECTION 4. All resident qualified voters of the City shall be permitted to vote at the election and on the day of the election, such voters shall vote at anyone of the designated polling places. The election shall be held and conducted in accordance with the provisions of the Texas Election Code, as amended, and the provisions of Texas Revised Civil Statutes, Chapter 1 of Title 22, 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 5. The anticipated fiscal impact of conducting the election and implementing modifications, if any, to the Charter which may be approved by the voters in such election is currently estimated to be $9,471.00. Chalter Ordinance.doc 7 SECTION 6. 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, on the same day in each of two successive weeks with the first publication occurring not less than fourteen (14) full days prior to the day of the election. SECTION 7. The City Secretary shall post on the City's website a copy of the current City Charter, marked to show the proposed changes described in this Ordinance, and shall keep a copy of such document in the City Secretary's office and make it available to members of the public for their review on their request. SECTION 8. 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 9. 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 10. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 11. 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 carry out the intent of this Council, as evidenced herein. SECTION 12. 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, Texas Government Code, as amended. SECTION 13. This Ordinance shall be in force and effect from and after its final passage and any publication required by law. * * * Chalter Ordinance.doc 8 PASSED on first reading, this the 15th day of July, 2008. PASSED, APPROVED, AND ADOPTED on second and final reading, this the 22nd day of July, 2008. CITY9Z~ Mayor ATTEST: p~ C~~~1J ity Secretary (CITY SEAL) Chalter Ordinance.doc 9 City Election Precinct Polling Places 301 Knights of Columbus Hall, 509 Schertz Pkwy., Schertz, Texas 78154 303 - 304 Schertz Community Center, 1400 Schertz Parkway, Schertz, Texas 78154 305 Schertz Baptist Church, 600 Aero, Schertz, Texas 78154 306 Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz, Texas 78154 307 Schertz Community Center North (formerly NorthcIiffe Fire Station), 3501 Morning Dr., Cibolo, Texas 78108 401 Santa Clara City Hall, 1653 N. Santa Clara Rd., Santa Clara, Texas 78124 EXHIBIT A Charter Ordinance.doc A-I EXHIBIT B MAIN EARLY VOTING POLLING PLACE. DATES and TIMES Seguin Elections Office 307 W. Court Street Seguin, TX 78155 First Week 8:00 a.m. to 5:00 p.m. Saturday, Oct. 25,2008 from 10:00 a.m. to 4:00 p.m. Second Week 7:00 a.m. to 7:00 p.m. TEMPORARY EARLY VOTING POLLING PLACES: Guadalupe County Office Building (Annex) 1101 Elbel Road Schertz, Texas 78154 First Week 8:00 a.m. to 5:00 p.m. Saturday, Oct. 25,2008 from 10:00 a.m. to 4:00 p.m. Second Week 7:00 a.m. to 7:00 p.m. St. Joseph's Mission 151 Monday - 8-5 5093 Redwood Rd. 2nd Monday-7-7 San Marcos, TX Kingsbury Fire Station 151 Tuesday - 8-5 1060 FM 1104 Saturday 10-4 Kingsbury, TX 2nd Tuesday - 7-7 Forest Hills Church 1st Wednesday-8-5 8251 FM 1117 2nd Wednesday - 7-7 Seguin, TX Hilltop Country Church 151 Thursday - 8-5 2719 FM 725 @ Klein Rd Saturday 10-4 New Braunfels, TX 2nd Thursday - 7-7 New Berlin Community Center 1 st Friday - 8-5 8815 FM 775 2nd Friday - 7-7 Seguin, TX EARLY VOTING BY MAIL: Applications for voting by mail should be received by Early Voting Clerk no earlier than Friday, September 5, 2008, and no later than the close of business (5:00 p.m.) on Tuesday, October 28, 2008. Applications should be mailed to: Guadalupe County Elections Office P. O. Box 1346 Seguin, Texas 78156-1346 ATTN: EARLY VOTING CLERK Charter Ordinance. doc B-1 CONTRACT FOR ELECTION SERVICES THIS CONTRACT made this _ day of , 200_, by and between the City of Schertz, hereinafter referred to as "Authority," and Sue Basham, Elections Administrator of Guadalupe County, Texas, hereinafter referred to as "Contracting Officer", and by authority of section 31.092( a), Texas Election Code, for the conduct and supervision of the Special Election on November 4, 2008. THIS CONTRACT is subject to the written approval of both parties, and shall not be binding on the parties until such written approval is obtained. THIS CONTRACT will require the Guadalupe County Contracting Officer to be the Early Voting Clerk. THIS CONTRACT will require the Authority to furnish one employee per voting location upon request of the Contracting Officer, that: 1. will participate in a training class to be given by the Elections Office; 2. will work Election Day as a technical assistant; and 3. is to be paid by the Authority ordering the election. This individual(s) should possess basic computer skills. THIS CONTRACT is entered into in consideration of the mutual covenants and promises hereinafter set out: DUTIES AND SERVICES OF CONTRACTING OFFICER The County Election Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: 1. Recommend election judges, alternate judges and clerks. 2. Pay election judges and other election workers. 3. Procure and distribute all necessary election supplies. 4. Supply all necessary voting equipment; transport equipment to and from the polling places, and prepare the voting equipment for use at the polling places. 5. Issue Writs of Election to the election judges appointed. 6. Perform early voting clerk duties. 7. Publish the legal notice of the date, time, and place of the electronic tabulating equipment test and conduct such test. 8. Prepare any submission of voting changes to be submitted to the U.S. Department of Justice under the Federal Voting Rights Act of 1965, as amended. 9. Arrange for the use of a central counting station and for the tabulating personnel needed at the counting station and assist in the preparation of programs and the test materials for tabulation of the ballots to be used with electronic voting equipment. 10. Assist in providing the general overall supervision of the election and will provide to the Canvassing Authority the prescribed election records and reports as required when a central counting station is used: 2 (a) Canvassing Summary Report, (b) Accumulated Totals Report of early voting and Election Day, and (c) Electronically submit results to the Secretary of State. 11. Ballot type: (For use with mail ballots.) Optical scan. 12. Ballot tabulating equipment to be used: Premier Election Solutions' Touch Screens, Premier Election Solutions' Optical Scan for paper ballots. GENERAL CONDITIONS Nothing contained in this contract shall authorize or permit a change in the officer with who or the place at which any document or record relating to the election is to be filed or the place at which any function is to be carried out, or the officers to make the official canvass of the election returns, or the officer to serve as custodian of the voted ballots or other election records, or any other non-transferable functions specified by section 31.096 of the Texas Election Code. The Contracting Officer is the agent ofthe Authority for the purposes of contracting with the third parties with respect to the election expenses within the scope ofthe Contracting Officer's duties, and the Contracting Officer is not liable for the Authority's failure to pay a claim. The Contracting Officer shall file copies of this contract with the County Treasurer and the County Auditor of Guadalupe County, Texas. Only the actual expenses directly attributable to the Contract may be charged (Section 31.100(b), Texas Election Code). WITNESS the following signatures and seal: :~~ CONTRACTING OFFICER: - By: CITY OP SCHERTZ SUE BASHAM ELECTIONS ADMINISTRATOR