12-26-2024 Canvassing Election Agenda Packet
SPECIAL SESSION CITY COUNCIL
MEETING AGENDA
CANVASSING THE DECEMBER 14, 2024
SPECIAL ELECTION
Thursday, December 26, 2024
4:00 P.M.
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 treated
Work cooperatively as a team
AGENDA
THURSDAY, DECEMBER 26, 2024 at 4:00 p.m.
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.
All handouts and/or USB devices must be submitted to the City Secretary no later than noon on the
Monday preceding the meeting. Handouts will be provided to each Councilmember prior to the start
of the meeting by the City Secretary. All USB devices will be vetted by City IT staff to ensure City
property is protected from malware.
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
December 26, 2024 City Council Agenda Page 1
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
1.Resolution 24-R-162 - Approving a Resolution to canvass the returns and declaring the
results of the December 14, 2024 Special Election, and other matters in connection therewith.
(Mayor/Council/S.Edmondson)
2.Resolution 24-R-163 Approving a Resolution to call for a Runoff Election on January 18,
2025, with Guadalupe County, Bexar County and Comal County and approving
the Guadalupe County Election Contract stating that Guadalupe County will oversee the
entire Runoff Election. (Mayor/Council/S.Edmondson)
Adjournment
CERTIFICATION
I, SHEREE COURNEY, DEPUTY 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 22ND DAY OF DECEMBER 2024 AT 2:40 P.M., 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.
SHEREE COURNEY
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
___________________, 2024.
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 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.
December 26, 2024 City Council Agenda Page 2
Agenda No. 1.
CITY COUNCIL MEMORANDUM
City Council
Meeting:December 26, 2024
Department:City Secretary
Subject:Resolution 24-R-162 - Approving a Resolution to canvass the returns and
declaring the results of the December 14, 2024 Special Election, and other
matters in connection therewith. (Mayor/Council/S.Edmondson)
BACKGROUND
On September 24, 2024, the City Council of the City of Schertz, Texas passed Resolution 24-R-129
calling a Special Election on December 14, 2024, for the purpose of electing a Councilmember for
Place 4, to fill a vacancy for a three-year term ending November 2026.
Unofficial Final Results: 12/14/2024
Early Voting Election Day
Bexar Comal Guadalupe Bexar Comal Guadalupe
Total
Votes
Cast
Vote %
City Council
Place 4
Tim Dusek
Benjamin
Guerrero
Heather
Stamper
Paula Del Toro
Tyrone Taylor
Total Votes
Cast
Early
Voting:
Election
Day:
Total
Votes
Cast
Unofficial Final Vote Counts 12-14-2024 Sheila Edmondson, City Secretary
The total of votes cast during early voting was _____ personal appearance and absentee, and _____
votes were cast on Election Day. The total number of votes cast in this election was ______.
Council Place 4's tabulations of votes cast at the December 14, 2024, Special Election discloses that
no candidate for Council Place 4 received sufficient votes to be elected to the City Council; and that it
is necessary in conformity with the City Charter and Texas Election Code as amended, to call a runoff
election for the purpose of voting upon a candidate to fill the Council Place 4 position.
- or-
Council Place 4's tabulations of votes cast at the December 14, 2024, Special Election reflect that
________________ is hereby declared elected to the Office of the Councilmember Place 4.
Staff recommends approval of Resolution 24-R-162.
Attachments
Res 24-R-162 Canvass
Exhibit A - Unofficial Election Results
RESOLUTION 24-R-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, APPROVING THE CANVASS OF THE DECEMBER 14, 2024
SPECIAL ELECTION AND DECLARING THE RESULTS OF SUCH
ELECTION
WHEREAS, Special Election were held in the City of Schertz, Texas (the "City"), on the 14th day of December
2024 to elect a Councilmember Place 4 to fill the vacancy for a three-year term ending November 2026; and
WHEREAS, said elections were duly and legally held in conformity with the applicable election laws of the State of
Texas ("Texas"); and
WHEREAS, the Election Administrator has provided to the City, as required by applicable Texas law, the
election results, as tabulated by the Election Administrator; and
WHEREAS, there came to be considered the returns of the Special Election held on the 14th day of December 2024, for
the purpose of electing one Councilmember for Place 4; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
THAT:
Section 1: That the Special Election of the City of Schertz, Texas held December 14, 2024, was duly called, that notice
of such election was given, and that such election was held in accordance with law.
Section 2: That the tabulation of votes cast to elect one Councilmember for Place 4 in the Special Election held on
December 14, 2024, as shown in the official canvass of the returns of said Special Election shown below reflects the
following results:
Absentee Early
Voting
Election
Day
Total Votes
Cast Vote %
Tim Dusek 59 164 62 285 28.99%
Benjamin Guerrero 36 103 81 220 22.38%
Heather Stamper 58 59 47 164 16.68%
Paula Del Toro 47 70 56 173 17.60%
Tyrone Taylor 51 54 36 141 14.34%
Total Votes Cast 251 450 282 983
Section 3. The City Council finds that the results of the Special Election as set forth above reflect the reported
votes, and the canvass of votes is hereby approved.
Section 4. The total of votes cast during early voting was 701 by personal appearance and absentee, and 282 votes
were cast on Election Day. The total number of votes cast in this election was 983.
Page 1
Section 5. The canvass and tabulations of votes cast at the December 14, 2024, Special Election reflect that no
candidate for Councilmember Place 4 received sufficient votes to be elected to the city council. It is necessary in
conformity with the City Charter and the Texas Election ode, as amended, to call a runoff election for the purpose
of voting upon candidates to fill the Councilmember Place 4 on the City Council.
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 Resolution for all purposes and are adopted as a part of the judgment and findings of the City
Council.
Section 7. 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 8. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and
the United States of America.
Section 9. 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 10. 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 11. This Resolution shall be in force and effect from and after its final passage, and it is so resolved.
PASSED, APPROVED AND ADOPTED this ______day of ____________ 2024.
City of Schertz
_________________________
Ralph Gutierrez, Mayor
ATTEST:
__________________________________
Sheila Edmondson, City Secretary
Page 2
City Council Place 4 BBM Early Voting Election Day Total Votes Vote %
Tim Dusek 59 164 62 285 28.99%
Benjamin Guerrero 36 103 81 220 22.38%
Heather Stamper 58 59 47 164 16.68%
Paula Del Toro 47 70 56 173 17.60%
Tyrone Taylor 51 54 36 141 14.34%
Total Votes Cast 251 450 282 983
EXHIBIT A
UNOFFICIAL ELECTION RESULTS DECEMBER 14, 2024
Agenda No. 2.
CITY COUNCIL MEMORANDUM
City Council
Meeting:December 26, 2024
Department:City Secretary
Subject:Resolution 24-R-163 Approving a Resolution to call for a Runoff Election on
January 18, 2025, with Guadalupe County, Bexar County and Comal County
and approving the Guadalupe County Election Contract stating that
Guadalupe County will oversee the entire Runoff
Election. (Mayor/Council/S.Edmondson)
Attachments
Exhibit B - Notice of Runoff Election
Exhibit A - Unofficial Election Results
Res 24-R-163 Ordering Runoff
Exhibit B
January 18, 2025 City of Schertz Runoff Election
Notice is hereby given that the polling places listed below will be open from 7:00 a.m. to 7:00
p.m., January 18, 2025, for voting in the runoff election to a Councilmember for Place 4. (Por
la presente se notifica que los lugares de elección que se enumeran a continuación estarán
abiertos de 7:00 a.m a las 7:00 p.m. el 18 de enero de 2025, para votar en la elección
desempate (de segunda vuelta) para un Concejal para el Lugar 4.)
Election Day Location for the City of Schertz January 18, 2025, Runoff Election
(Lugar del dia de las elecciónes para la Ciudad de Schertz 18 de enero de 2025 elección de
segunda vuelta)
Polls open 7:00 a.m. – 7:00 p.m.
(Las urnas abren de 7:00 a.m. a 7:00 p.m)
City of Schertz Election Day Location
Schertz Community Center
1400 Schertz Parkway
Schertz, Texas 78154
Bexar, Comal & Guadalupe County Voters
(Votantes de los Condados de Bexar, Comal y Guadalupe)
Early Voting
(votación anticipada)
Locations of Early Voting Polling Places: Early voting by personal appearance will be
conducted as listed below: (Ubicaciones de los lugares de votación anticipada: La votación
anticipada en persona se llevará a cabo como se indica a continuación:)
Early Voting Dates and Hours
(f echas y horas de v o t a c i ón ant i c i pad a )
Thursday, January 2nd and Friday , January 3rd , 2025 ...................8:00 a.m. – 5:00 p.m.
Jueves, 2 de enero 2025 y el viernes, 3 de enero de 2025…….………….…8:00 a.m. – 5:00 p.m.
Monday, January 6th through Friday , January 10th, 2025 ..…….8:00 a.m. – 5:00 p.m.
Lunes, 6 de enero de 2025 hasta viernes, 10 de enero de 2025……..……...8:00 a.m. – 5:00 p.m.
Monday, January 13th and Tuesday, January 14th , 2025 ..............8:00 a.m. – 5:00 p.m.
Lunes, 13 de enero 2025 y el martes, 14 de enero de 2025…….…………..8:00 a.m. – 5:00 p.m.
Main Early Voting Location
(Ubicación de la sucursal de votación anticipada)
Guadalupe County Elections Office
(Oficina de Elecciones del Condado de Guadalupe)
215 S. Milam St., Seguin, TX 78155
Phone (Teléfono) - 830-303-6363
Applications for ballots by mail shall be mailed to: (Las solicitudes de boletas de votación por
correo se enviarán a:)
Guadalupe County Early Voting Clerk, Lisa Hayes
Secretaría del Condado de Guadalupe, Lisa Hayes
P.O. Box 1346
Seguin, Texas 78156-1346
Email (correo elctrónico):
Website (sitio web):
Applications for ballots by mail must be received no later than the close of business on
Tuesday, January 7, 2025. (Las solicitudes de boletas por correo deben recibirse no mas tarde
del cierre de operaciones del martes 7 de enero de 2025.)
Early Voting Branch Location
(Ubicación de la sucursal de votación anticipada)
Schertz Community Center
1400 Schertz Parkway
Schertz, Texas 78154
City Council Place 4 BBM Early Voting Election Day Total Votes Vote %
Tim Dusek 59 164 62 285 28.99%
Benjamin Guerrero 36 103 81 220 22.38%
Heather Stamper 58 59 47 164 16.68%
Paula Del Toro 47 70 56 173 17.60%
Tyrone Taylor 51 54 36 141 14.34%
Total Votes Cast 251 450 282 983
EXHIBIT A
UNOFFICIAL ELECTION RESULTS DECEMBER 14, 2024
RESOLUTION 24-R-163
A RESOLUTION BY THE CITY COUNCIL OF SCHERTZ, TEXAS, ORDERING A
RUNOFF ELECTION TO BE HELD ON JANUARY 18, 2025, FOR CITY COUNCIL PLACE
4 AND OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, on the 24th day of September 2024, the City Council of the City of Schertz, through
adoption of Resolution 24-R-129, ordered a Special Election to be held in said City on the 14th day of
December 2024, in accordance with the provisions of the Charter of said city, for the purpose of
electing one Councilmember for Place 4 to complete the term ending November 2026; and
WHEREAS, pursuant to Texas Election Code Sec. 2.021 through 2.023, if no candidate for a place on
City Council receives a majority of the vote a runoff election is required between the candidates who
receive the highest and second highest number of votes; and
WHEREAS, pursuant to Schertz City Charter Section 9.03, in the event no candidate for an elective
office receives a majority of the votes cast for that place in the general or special election, a runoff
election shall be held between the two (2) candidates who received the greater number of votes; and
WHEREAS, a canvassing of the returns and declaring the results of a Special Election held on
December 14, 2024, was approved by the City Council on December 26, 2024; and
WHEREAS, the canvass determined that, in the race for Council Member Place 4, no candidate
received a majority of the votes cast; and
WHEREAS, the two candidates receiving the highest number of votes for the office of Council
Member Place 4 were Tim Dusek and Benjamin Guerrero; and
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 a runoff election is hereby ordered to be held Saturday, January 18, 2025, for the
purpose of electing Council member Place 4 and
Section 3. That in accordance with Section 2.026, Notices of the Run-off Election shall be posted on
the bulletin board at the Hal Baldwin Municipal Complex 1400 Schertz Parkway and on the city’s
website, and a like copy shall be published not later than the 10th day before Election Day in the
newspaper of general circulation.
Section 4. That the terms and conditions of the joint election agreement and contract with Bexar,
Comal, and Guadalupe Counties, adopted on the 24th day of September 2024, through the adoption of
Resolution No. 24-R-129, shall remain in full force and effective for the City of Schertz Runoff
election; and
Section 5. That Guadalupe County will oversee the City of Schertz Runoff Election for January 18,
2025 (Counties: Guadalupe, Bexar, and Comal) with a Guadalupe County 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 polling places
are designated in Exhibit B attached to this resolution, but which locations may be changed by
Guadalupe County, and which changes if any, are hereby made part of this resolution referenced and
can be found by visiting the Guadalupe County Elections webpage at
http://www.co.guadalupe.tx.us/elections/index.php; and visiting the City of Schertz 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 18, 2025, City of Schertz Runoff Election is
January 18, 2025.
Section 8. That applications for ballots by mail must be received no later than 5:00 p.m.,
January 18, 2025:
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 day of 2024.
CITY OF SCHERTZ, TEXAS
Ralph Gutierrez, Mayor
ATTEST:
Sheila Edmondson, City Secretary