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2004E28-ELECTION-TAX FREEZEORDINANCE NO. 04-£-,~ AN ORDINANCE AN ORDIN~CE CORRECTING CERTAIN ADMINIST~TWE PROVISIONS OF ORDINANCE 04-E-25 CALLING A SPECIAL ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS FOR THE PURPOSE OF VOTING ON A PROPOSITION CONCERNING ESTABLISHING AN AD VALOREM TAX CEILING ON RESIDENCE HOMESTEADS OF THE DISABLED AND OF PERSONS SIXTY-FIVE (65) YEARS OLD OR OLDER AND THEIR SPOUSES; AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance 04-E-25, adopted on September 1, 2004 (the "Election Ordinance"), the City Council (the "Council") of the City of Schertz, Texas (the "City") called a special election concerning the establishment of an ad valorem tax ceiling on residence homesteads of the disabled and persons sixty-five (65) years of age or older; and WHEREAS, the Elections Administrator of Guadalupe County, Texas (the "County") has informed the City of corrections to certain administrative provisions set forth in the Election Ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. Section 3 of the Election Ordinance is hereby corrected to read as follows' "SECTION 3. Touch screen machines shall be used for early voting by personal appearance and on election day for voting at the established polling place. Certain early voting may be conducted by mail. The County shall als° utilize a Central Counting Station (the "Station") as provided by Section 127.001, et seq., as amended, Texas Election Code. J.R. Perez has been appointed as the Manager and Lisa Adam has been appointed as the 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 provisions of the Texas Election Code. The County has appointed Jon Bumguardner as the Tabulation Supervisor and Lisa Adam as the Programmer for the Station. Lastly, the County 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 of the Texas Election Code." 45510890.1 SECTION 2. The fourth paragraph of Section 4 of the Election Ordinance is hereby corrected to read as follows' "J.R. Perez, 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 at the Guadalupe County Office Building, 1101 Elbel Road, Schertz, Texas 78155 from October 18, 2004 through Saturday, October 23, 2004 from 8:00 a.m. to 5:00 p.m. and on October 25, 2004 through October 29, 2004 from 8:00 a.m. to 6:00 p.m. Applications for ballots by mail must be received by the Early Voting Clerk not later than the close of business on October 26, 2004." SECTIO'N3. For purposes of election notices and required filings, the Election Ordinance may be restated to include the corrections authorized herein. SECTION 4. Except as corrected herein, the Election Ordinance is hereby confirmed. 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 resolutions, or parts thereof, which are in conflict or inconsistent ~vith any provision of this Ordinance are hereby repealed to the extent c.f such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 7. This Ordinance shall be construed and entbrced in accordance with the laws of the State of Texas and the United States of America. 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 this Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 9. It is officially fbund, 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. By vote of not less than two-thirds of the members of the Council present at the meeting at which this Ordinance was considered, the Council has determined that an emergency exists which requires immediate action, and this Ordinance is hereby adopted on a -2- single reading. This Ordinance shall be in force and effect from and after its final passage, and it is so ordained. [The remainder of this page intentionally left blank.] PASSED AND APPROVED this ."p:':-day of September, 2004. CITY OF SCHERTZ, TEXAS Hal Baldwin, Mayor ATTEST: Norma Althouse, City Secretary (CITY SEA L)