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24-R-158 Ordering and Declaring Charter Amendments Nov 5, 2024 Special ElectionRESOLUTION 24-R-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ORDERING AND DECLARING THE NOVEMBER 2024 CHARTER AMENDMENTS, AS APPROVED BY THE VOTERS OF THE CITY OF SCHERTZ, ADOPTED; REQUIRING CERTIFICATION AND REGISTRATION IN ACCORDANCE WITH STATE LAW WHEREAS, on November 5TH, 2024 the City of Schertz held an election on the adoption of amendments to the City's Home Rule Charter; and WHEREAS, on November 181, 2024 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 191 day of November 2024 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 RESOLVED AND ORDERED 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 51, 2024 and final votes were canvassed on November 18t', 2024 on the question of the adoption of amendments to the City of Schertz Home Rule Charter, where it was determined that all legal votes were properly counted. Section 3. Immediate Adoption of Amendments. It is hereby ordered that the amendments passed and approved by the voters as stated in Propositions A.B.C,D.E,F.G,H,I, L,M,N, and O are hereby adopted and that the corresponding Measure language is hereby incorporated into the City of Schertz's Home Rule Charter. Exhibit A Section 4. Certification of Charter Amendment. That the Mayor or City Manager of the City of Schertz shall certify to the secretary of state an authenticated copy of the Charter or amendment under the municipality's seal showing the approval by the voters of the municipality. Exhibit B Section 5. Registration of Charter Amendment. That the City Secretary shall record in the City Secretary's office the charter amendment adopted by the voters of the municipality. Exhibit C Section 6. 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 Commission. Section 7. 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 S. 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 Resolution shall be effective upon the date of final adoption hereof and any publication required by law.I PASSED AND APPROVED on the lq�ldav of ' y f 2024. By: Ralp Gutierrez, Mayor 7 Attest: Sheila Edmondson, City Secretary EXHIBIT A Unofficial Canvassing Results: 11/05/2024 Election from Counties Early Voting Election Day Bexar Comal Guadalupe Bexar Comal Guadalupe Total Votes vote % City Council Place b Robert C. Marks, Jr. 697 234 3,780 1211 42 695 5,569 38.11% Allison Heyward 1,363 206 6,275 1981 32 969 9,043 61.89% Citv Council Place 7 Tim Brown 1,548 368 8,008 247 69 1,387 11,627 100 t Total Votes Cast 3,608 808 18,063 566 143 3,051 26,239 Proposition A FOR 2,011 412 10,111 308 67 1,617 14,526 84.11% AGAINST 465 69 1,784 79 18 330 2,745 15.89% Proposition B FOR 1,795 355 8,342 251 65 1,269 12,077 72.04% AGAINST 649 117 3,174 124 19 604 4,687 27.96% Proposition C FOR 1,825 363 9,385 279 60 1,444 13,356 77.08% AGAINST 703 101 2,518 112 24 513 3,971 22.92% Proposition D FOR 1,361 230 6,372 205 44 987 9,199 55.90% AGAINST 1,055 216 4,895 172 35 884 7,257 44.10% Pro osition E FOR 2,084 406 9,969 302 73 1,618 14,452 82.13% AGAINST 480 68 2,085 100 12 400 3,145 17.87% Pro ositit FOR 1,932 374 9,310 273 69 1,437 13,395 76.54% AGAINST 601 105 2,675 123 18 583 4,105 23.46% Prop do FOR 1,752 324 8,491 259 67 1,403 12,296 73.63% AGAINST 682 126 2,985 104 14 492 4,403 26.37% Proposition H FOR 1,284 276 6,649 210 56 1,159 9,634 54.55% AGAINST 1,248 192 5,488 186 30 883 8,027 45.45% Proposition I FOR 1,206 248 5,938 185 45 997 8,619 51.98% AGAINST 1,227 202 5,430 185 34 884 7,962 48.02% Proposition J FOR 1,059 215 5,010 167 44 830 7,325 43.71% AGAINST 1,406 237 6,461 214 36 1,081 9,435 56.29% Proposition K FOR 1,081 198 5,064 156 37 806 7,342 43.14% AGAINST 1,392 260 6,622 232 45 1,127 9,678 56.86% Proposition L FOR 1,241 237 5,861 195 44 935 8,513 50.02% AGAINST 1,227 221 5,835 192 36 994 8,505 49.98% Proposition M FOR 2,049 382 9,631 307 75 1,588 14,032 85.75% AGAINST 352 55 1,597 57 5 266 2,332 14.25% Proposition N FOR 1,944 365 9,288 291 69 1,559 13,516 82.06% AGAINST 453 74 2,023 76 12 316 2,954 17.94% Proposition O FOR 2,285 403 10,409 349 75 1,725 15,246 90.94% AGAINST 218 33 1,053 33 3 178 1,518 9.06 , �&, l v Sheila dmon s , City Secretary Date: EXHIBIT A ORDERING AND DECLARING THE NOVEMBER 2024 CHARTER AMENDMENTS, AS APPROVED BY THE VOTERS OF THE CITY OF SCHERTZ, ADOPTED; REQUIRING CERTIFICATION AND REGISTRATION IN ACCORDANCE WITH STATE LAW Proposition A Shall the City Charter of the City of Schertz be amended to specify all annexations shall be in accordance with State Law? For: 14,526 = 84.11 % Proposition B Against: 2 745=15.89% Shall the City Charter of the City of Schertz be amended to increase the area for notification of disannexation from 200 feet to 1,000 feet from the area to be disannexed? For: 12 077=72.04% Proposition C Against: 4, 687=27.96% Shall the City Charter of the City of Schertz be amended to clarify that any increase in city council compensation is not effective for members of the city council during the term which the increase is effectuated? For: 13,356=77.08% Proposition D Against: 3,971=22.92% Shall the City Charter of the City of Schertz be amended to remove the signing of plats from the list of official documents required to be signed by the Mayor? For: 9,199=55.90% Proposition E Against: 7,257=44.10% Shall the City Charter of the City of Schertz be amended to clarify that no Mayor or Council Member may be employed by the City until two years after the expiration of their term of office? For: 14,452=82.13 % Against: 3,145=17.87% Proposition F Shall the City Charter of the City of Schertz be amended to remove unnecessary language? For: 13,395=76.54% Proposition G Against: 4 105=23.46% Shall the City Charter of the City of Schertz be amended to require that passage of an ordinance or resolution require one reading? For: 12,296=73.63% Proposition H Against: 4,403=26.3 7% Shall the City Charter of the City of Schertz be amended to remove the requirement that the city manager become a resident of the city within four months after the date of his or her appointment? For: 9,634=54.55% Proposition I Against: 8,027=45.45 % Shall the City Charter of the City of Schertz be amended to remove the requirement for the city manager to establish a system to control the use and replacement of expendable items? For: 8,619=51.98% Proposition L Against: 7,962=48.02% Shall the City Charter of the City of Schertz be amended to change the percentage of voters required to sign a recall petition from twenty percent fifteen percent? For: 8.513=50.02% Proposition M Against: 8,505=49.98% Shall the City Charter of the City of Schertz be amended to require the city council appoint a charter review commission not later than five years after the most recent charter review commission? For: 14 032=85.75% Against: 2,332=14.25% Proposition N Shall the City Charter of the City of Schertz be amended to provide that each member of the city council appoints a citizen to the charter review commission and the mayor appoints two citizens to the charter review commission, one of which shall be the chair? For: 13.516=82.06% Proposition O Against: 2,954=17.94% Shall the City Charter of the City of Schertz be amended to clarify that City Council shall hold a public hearing on a proposed disannexation not later than 30 days after the public hearing by the Planning and Zoning Commission? For: 15,246=90.94% Against: 1.518=9.06% I certify that these are the true and correct results from the November 5, 2024-Special Election: Charter Ainendments for the City of Schertz, Texas. Date Certified: November 22, 2024 ATTEST: i Sheila Edmondson, City Secretary COMMUNITY SCHHERTZ I OPPORTUNITY November 19, 2024 Secretary of State 1019 Brazos Austin, Texas 78701 Certify the Results of the City of Schertz November 5, 2024 Special Election -Charter Amendments I, the undersigned, am the Mayor of the City of Schertz. In this capacity, I have personal knowledge of the accuracy of the matters stated herein. Attached to this affidavit are true and correct copies Resolution 24-R-158 Ordering and Declaring the November 2024 Charter Amendments, as approved by the voters of the City of Schertz, adopted, requiring certification and registration in accordance of state law. ,. �!r1�"i Ralj•'ier'r'ez, Mayor / axl Date Acknowledged on this , 1 day of November, 2024. 1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 * schertz.com SMUNII OPP TY CHHERTZ OPPORTUNITY Affidavit of Custodian of Records for the City of Schertz I, the undersigned am the City Secretary of the City of Schertz. I am a custodian of records for the City. In this capacity, I have personal knowledge of the accuracy of the matters stated herein. Attached to this affidavit are true and correct copies Resolution 24-R-158 Ordering and Declaring the November 2024 Charter Amendments, as approved by the voters of the City of Schertz, adopted, requiring certification and registration in accordance of state law. S'fieila Edm ndson, City Secretary Date Acknowledged on this day of November, 2024. 1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 * schertz.com