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2004E25-ELECTIONORDINANCE NO. AN ORDINANCE AN ORDINANCE 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; MAKING PROVISIONS FOR THE CONDUCT OF SUCH SPECIAL ELECTION; RESOLVING OTHER MATTERS RELATED TO THE CONDUCT OF SUCH SPECIAL ELECTION; AND DECLARING AN EMERGENCY. WHEREAS, as provided by the laws of the State of Texas and pursuant to Texas Attorney General Opinion No. GA-0222 (2004), the City Council (the "Council") of the City of Schertz, Texas (the "City") is authorized by Article VIII, Section 1-b(h) of the Texas Constitution to call a special election to establish an ad valorem tax ceiling on residence homesteads of the disabled and persons sixty-five (65) years of age or older; and WHEREAS, the Council has determined that the special election shall be held on the next uniform election date on the date set forth below; and WHEREAS, the Elections Administrator of Guadalupe County, Texas (the "County") will conduct this election; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF S CHERTZ, TEXAS THAT: SECTION 1. A Special Election shall be held in the City on November 2, 2004, a uniform election date, which date is not less than sixty-two (62) days from the date of the adoption of this Ordinance for the purpose of submitting the following proposition to the qualified voters of the City: PROPOSITION "THERE SHALL BE A CITY OF SCHERTZ AD VALOREM TAX LIMITATION ON RESIDENCE HOMESTEADS OF DISABLED PERSONS AND PERSONS SIXTY-FIVE (65) YEARS OF AGE OR OLDER AS AUTHORIZED BY ARTICLE vm, SECTION 1-b(h) OF THE TEXAS CONSTITUTION" SECTION 2. The official ballots shall be prepared in accordance with the Texas Election Code, as amended, so as to permit voters to vote "FOR" or "AGAINST" the aforesaid proposition. 45489386.5 SECTION 3. Optical scan ballots shall be used on election day for voting at the polling' places established for each election precinct. Touch screen machines shall be used for early voting by personal appearance. Certain early voting may be conducted by mail. The County shall also 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. SECTION 4. The City election precincts established for this election shall be the precincts set forth on Exhibit A attached hereto. A list of the City election precincts, the County 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 62 days prior to the scheduled election date, the Council, in coordination with the Elections Administrator of Guadalupe County, 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, 307 West Court Street, Seguin, Texas 78155, is hereby designated as the .main early voting place at which early voting shall be conducted. 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 main. early voting place and early voting shall also be conducted at the Guadalupe County Office Building, 1101 Elbel Road, Schertz, Texas 78155 from October 18, 2004 through Saturday, October 23, 2004 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. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results.' Linda Little is appointed the Presiding Judge of the Early Voting Ballot Board. 45489386.5 -2- The Presiding Judge shall appoint not less than two (2) nor more than ten (1 O) resident qualified voters of the County to serve as members of the Early Voting Ballot Board. SECTION 5. 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 the designated polling place. The election shall be held and conducted in accordance with the provisions of the Texas Election Code, as amended, and the City's Home Rule Charter and as may be required by any other law. All election materials and proceedings shall be printed in both English and Spanish. SECTION 6. Notice of the City's November 2, 2004 Special Election shall be posted and published in accordance with the Texas Election Code and other applicable law. SECTION 7. The Council authorizes the City Manager, °r his designee, to negotiate and enter into an election agreement with the Elections Administrator of Guadalupe County in accordance with the provisions of the Texas Election Code. The rate of pay for all election officials shall be established in this election agreement. SECTION 8. The recitals contained in the preamble hereof are hereby found to be tree, 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 ordained 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. 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, as amended, Texas Government Code. SECTION 13. 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 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.] 45489386.5 -3- PASSED AND APPROVED this 1 st day of September, 2004. Hal Baldwin, l~layor ATTEST: Norma Althouse, City Secretary (CITY SEAL) 45489386.5 -4- EXHIBIT A City Election Precinct No. 1 County Election Precinct No. 304 Polling Place Schertz Community Center 1400 Schertz Parkway Schertz, Texas 78154 45489386.5 "5- · TH E ~TATE 0 F TEXAS, PUBLISHER, FIDAVI'T Ee:'cre me, the unders[g'ned aut. h, cff~'/, cn ~,b d~te pemcr,~IIy ~pgesr~ _~¢~.,- c.-:.... , k,':.c':m k: me, whc ~:.~ir, c by me ~.ulv s, vc:,-: cn his c~,h d-.,.ses:"- ~nd s~'/s ~;' -"n~ ~s' ,,,~'"' ~'.'b[[she,' ct' ~'~e '- ec,'_'~n' G--- ~'-" · - · ' '., _ ¢~.::~=--..:..'._=:~, ,.: =, ~_ l::u;:[[~:" " , ,e¢ :r, s~[d ne,,vs:~cer .... ~mgs) before t,h,.~ re.:z.,m ds;/. na~d .,=:~:~,"" ' . £ ~ A.D., 2004.