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2006E03-Election ORDINANCE NO. 06-E-03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE HELD ON MAY 13, 2006 FOR THE PURPOSE OF ELECTING A MAYOR AND COUNCILMEMBERS FOR PLACE 1 AND PLACE 2 FOR SAID CITY AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, JEXAS: SECTION 1. An election shall held on May 13, 2006 in and throughout the City of Schertz, Texas (the "City"), for the purpose of electing a Mayor and Councihnembers for Place 1 and Place 2 for a term to expire in May of 2008. SECTION 2. At said election the candidate receiving the highest number of votes for Mayor and Councihnembers for Place 1 and Place 2, respectively, is declared elected for a term to expire in May 2008. Any candidate desiring to have his or her name on the Official Ballot for said election shall, no sooner than February 13, 2006 and no later than March 13, 2006, file with the City Secretary an application in writing in the form prescribed by the Texas Election Code requesting that his or her name be placed on the Official Ballot and declaring as a candidate for Mayor or Councihnember for Place 1 or Place 2. Any person failing to file said written application for candidacy by the time aforesaid shall not be entitled to have his or her name printed on the Official Ballot. The name of all eligible candidates whose applications have been duly and timely filed shall be placed on the ballot pursuant to a drawing as provided by law. SECTION 3. 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 shall 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. 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 Election Administrator has appointed John Bumguardner as the Tabulation Supervisor and Lisa Adam 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 of the Texas Election Code. SECTION 4. 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 20153358.2 63 days prior to the scheduled election date, the Council, in coordination with the Elections Administrator, will identity 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. 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 78154 from May 1, 2006 through May 9, 2006. The hours for early voting shall be from 8:00 a.m. to 8:00 p.m. on May 8, 2006 and May 9, 2006, and from 8:00 a.m. to 5:00 p.m. on all other early voting days. Applications for ballots by mail must be received by the Early Voting Clerk not later than the close of business on May 5, 2006. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. Missy Doss 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 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 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 Annotated 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 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, not more than thirty (30) days, and not less than ten (10) full days prior to the day of the election. 20153358.2 SECTION 7. 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 8. 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 9. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10. 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 11. 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 12. By vote of not less than two-thirds of the members of the City Council present at the meeting at which this Ordinance was first considered, the City Council has determined that an emergency exists which requires immediate action, and this Ordinance is hereby adopted on a single reading. PASSED, APPROVED AND ADOPTED on first and fmal read' February, 2006. ATTEST: (SEAL OF CITY) 20153358.2 20153358.2 City Election Precinct City of Schertz EXHIBIT A Polling Places Schertz Community Center 1400 Schertz Parkway Building #3 Schertz, Texas 78154 STATE OF TEXAS ~-fJ3 ,g~ PUBLIC NOTICE' ORDINANCE N6~ Q6.E-03 AN ORDINANCE \lY THE GITY COUNCIL OF THE CITY OF BCHERTZ, TEXAS CALL~ ING AN ELECTION TO BE HELD ON MAY 13, 200tl FOR THE PURPOSE OF ELECTING A MAYOR AND COUN. CIUvlEMBERS l"ORP.LACE 1 AND PLACE 2 FOR THE SAID CITY AND DECLARING AN EMERGENCY. Passed; Approved and Adopted. the' 21st day of fj>~r~ary,2006: Judy Tokar, City Secretary 3/3. . . . Affidavit of Publisher . " COUNTY OF BEXAR City of Schertz Before me, the undersigned authority, on this day personally appeared Helen I. Lutz, who being by me duly sworn, says on oath that she is Publisher of the Commercial Recorder, a newspaper of general circulation in the City of San Antonio, in the State and County aforesaid, and that the Ordinance No. 06-E-03 here to attached has been published in every issue of said newspaper on the following days, to wit: 03/03/2006. ~) J/~ Sworn to and subscribed before me this 3rd day of of March, 2006. I...-:.~...~.'/.,,~..... STELLA A. OROZCO .0 . ;: ..i NOTARY PUBLIC t 5lAT~ OF TEXAS ...." ,,' MV eo,",", Exp. 03.29.2009 ~ A. ()~ '~ --' Affidavit of Publisher STATE OF TEXAS COUNTY OF BEXAR City of Schertz Before me, the undersigned authority, on this day personally appeared Helen 1. Lutz, who being by me duly sworn, says on oath that she is Publisher of the Commercial Recorder, a newspaper of general circulation in the City of San Antonio, in the State and County aforesaid, and that the Ordinance No. 06-E-03: Calling Election - Spanish here to attached has been published in every issue of said newspaper on the following days, to wit: 04/17/2006. ~)J/~ Sworn to and subscribed before me this 17th day of of April, 2006. - - , ..~~i';:;;.;... STELLA A. OROZCO "0" (:. . i: ~~ NOTARY PUBLIC \.~ . l STATE OF TeXAS "'~I II I~ MY Comm. fllp. 03.29.2009 ~ ~ ~ () F..urt;ZA . Affidavit of Publisher STATE OF TEXAS COUNTY OF BEXAR City of Schertz Before me, the undersigned authority, on this day personally appeared Helen I. Lutz, who being by me duly sworn, says on oath that she is Publisher of the Commercial Recorder, a newspaper of general circulation in the City of San Antonio, in the State and County aforesaid, and that the Ordinance No. 06-E-03: Calling Election - English here to attached has been published in every issue of said newspaper on the following days, to wit: 04/17/2006. ~)J/~ Sworn to and subscribed before me this 17th day of of April, 2006. ~ A. () ;:v01;/~ ........ . :'~~.~"'y P<l.;.-:.:\ STELLA A. OROZCO S~ ~~ NOTARY PUBLIC ~ ;,.~ ~.: STATE OF TeXAS ( "'~8fI~' ~~ gltl",l1, a.", 03-29-2009