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12-E-24 Notice of ElectionORDINANCE NO. 12-E-24 AN ORDINANCE CORRECTING A SCRIVENER'S ERROR IN ORDINANCE NO. 12-E-12 CALLING A SPECIAL ELECTION TO BE HELD IN THE CITY OF SCHERTZ ON NOVEMBER 6, 2012 AND MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY AND AN EFFECTIVE DATE WHEREAS, by Ordinance No. 12-E-12 adopted by the City Cauncil on July 24, 2012, the City Council has called a special election to beheld in the City of Scheitz, Teas (the "City") on November 6, 2012, for the purpose of electing a Mayor to fill the vacancy in the Mayor's position and to submit to the voters of the City for their adoption or rejection certain proposed amendments to the City Charter; and WHEREAS, the City Council has identified an unintended scrivener's e>7•or in the h•ansition provisions of Chartex Amendment No. 5 relating to a change in the City's general election date; and WHEREAS, the City Council hereby Ends and determines that it is in the best interests of the citizens of the City to cor-~~ect the unintended scrivener's error; now, therefore, THAT: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SECTION 1. The transition provisions of Charter Amendment No. 5 unintentionally incorrectly described the ending dates of the term of current members of the City Council and the commencement dates of the terms of successor Councilmembers should charter Amendment No. 5 be approved by the voters. The transition provisions of Charter Amendment No. 5 should have read as follows and are hereby approved by the City Council: Charter Amendment No. S "Shall Section 9.01(a) of the existing City Charter relating to regular election dates be amended to change the City's regular election date from May to November and with transition provisions to read as follows?" "(a) Regular Elections. The regular City election shall be held on the unifo><~n election date in November in each calendar year commencing in 2013 or as otherwise required by applicable State laws. If this provision is approved by the voters in the election of Navember {, 2012, the terms of all members of the City Council serving following such approval shall end, and their successors' two-year terms shall commence, on the following dates: for Councilmembers Place 3, Place 4, and Place 5 - on the regular election date in November 2013 and as to their SUCCessOrS commencing on each odd-numbered year thereafter; and for Mayor and Councilmembers Place 1 and Place 2 ~- on the regular election date in November 2014 and as to their successors commencing on each. even-numbered year thereafter." 5053 1669. I -1- The above Charter Amendment No. 5 shall be substituted in Ordinance No. 12-E-12 attached to the Notice of Election for the November 6, 2012 election, and reference to this correcting Ordinance shall be added in the Notice of Election, in Section 2 of Ordinance No. 12-E-12 attached to the Notice of Election, and on the signature page of Ordinance 12-E-12 attached to the Notice of Election. SECTION 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance far all putpases and are adopted as a part of the judgment and findings of the Council. SECTION 3. 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 contl•olling as to the matters ordered herein. SECTION 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 5. 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. The Council hereby authorizes the Mayor and the City Manager of the Ciry to make such technical modifications to this Ordinance that are necessary for compliance with applicable Texas or federal law or to carry out the intent of this Council, as evidenced herein. SECTION b. It is officially found, detelrrlined, 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 7. Pursuant to Section 4.09(e) of the City Charter, 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, and this Ordinance shall be effective upon the date hereof and any publication required by law. * * ~ 50531669-1 °2- PASSED, APPROVED and ADOPTED ON FIRST AND FINAL READING, the 4~' day of September, 2012. ATTEST: Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS i ayor ro Tem 50531669.1 -3-