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13-R-105 - Recanvass November 5, 2013 ResultsRESOLUTION NO. 13 -R -105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, RE- CANVASSING THE RESULTS OF THE NOVEMBER 5, 2013 GENERAL ELECTION RESULTS BECAUSE OF CHANGES IN THE COMAL COUNTY, TEXAS VOTE TOTALS RESULTING FROM THE NOVEMBER 21, 2013 COURT - ORDERED RECOUNT OF THE COMAL COUNTY, TEXAS VOTES WHEREAS, an election was duly held in the City of Schertz, Texas (the "City "), on November 5, 2013 to elect Councilmembers for Places 3, 4, and 5 (the "City Election "); and WHEREAS, Comal County, Texas ( "Comal County") administered the portion of the City Election for City residents who were registered voters residing in Comal County (the " Comal County Portion of the City Election "); and WHEREAS, likewise, Guadalupe County, Texas ( "Guadalupe County") administered the portion of the City Election for City residents who were registered voters residing in Guadalupe County (the "Guadalupe County Portion of the City Election "), and Bexar County, Texas ( "Bexar County ") administered the portion of the City Election for City residents who were registered voters residing in Bexar County (the "Bexar County Portion of the City Election "); and WHEREAS, the administrators of the City Election provided to the City, as required by applicable Texas law, the City Election results, as tabulated by the administrators on the night of the City Election; and WHEREAS, as required by applicable Texas law, Mayor Carpenter and the City Council duly canvassed the results of the City Election on November 18, 2013; and WHEREAS, on November 19, 2013, in Cause No. C2013- 152813, In Re: Recount of Comal County November 5, 2013 Elections: State Constitutional Election; Comal ISD Election; City of Schertz Election; Cibolo Creek Municipal Authority Election, in the District Court of Comal County, Texas, 274th Judicial District, the court issued an Order Granting Petitioner Comal County, Texas' Petition for Official Election Recount (the "Order "); and WHEREAS, the Order required a recount of all of the votes cast (including early voting, mail -in ballots, and election day voting) in all of the elections (or portions of the elections) administered by Comal County in connection with the November 5, 2013 state constitutional election, the Comal ISD election, the City Election, and the Cibolo Creek Municipal Authority election (collectively, the "Recount "); and WHEREAS, the Recount was conducted on Thursday, November 21, 2013; and WHEREAS, as a result of the Recount, the results from the Comal County Portion of the City Election changed; WHEREAS, with respect to the City Election, the Recount only included the Comal County Portion of the City Election and not the Guadalupe County Portion of the City Election and the Bexar County Portion of the City Election, which results from the Guadalupe County Portion of the City Election and the Bexar County Portion of the City Election remain the same; and WHEREAS, the Order requires the City to re- canvass the results of the City Election if the Recount changes the results of the Comal County Portion of the City Election; and WHEREAS, the reported votes from Guadalupe County and Bexar County as canvassed by Resolution No. 13 -R -99 and the revised results of the Comal County Portion of the City Election as determined by the Recount establish the following results for the City Election: * EV includes early voting and mail -in ballots. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,TEXAS: SECTION I The City Council finds that the results of the City Election as set forth above reflect the reported votes from Guadalupe County and Bexar County as canvassed by Resolution No. 13 -R -99 and the revised results of the Comal County Portion of the City Election as determined by the Recount, and the re- canvass of votes is hereby approved. SECTION II The total of votes cast during early voting (including mail -in ballots) was 3704, and 2982 votes were cast on Election Day. The total number of votes cast in the City Election was 6686. Page 2 Bexar Bexar Comal Comal Guadalupe Guadalupe County County County County County County Total EV* ED EV' ED EV' ED Votes Place 3 Daryl John 20 10 15 7 602 519 1173 Bert Crawford 15 14 17 4 563 431 1044 Place 4 Grumpy Azzoz 11 12 20 3 602 470 1118 Cedric Edwards 24 14 18 6 605 529 1196 Place 5 Matthew Duke 22 15 18 6 614 509 1184 Richard Dziewit 11 9 15 4 512 420 971 TOTAL 103 74 103 30 3498 2878 6686 * EV includes early voting and mail -in ballots. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,TEXAS: SECTION I The City Council finds that the results of the City Election as set forth above reflect the reported votes from Guadalupe County and Bexar County as canvassed by Resolution No. 13 -R -99 and the revised results of the Comal County Portion of the City Election as determined by the Recount, and the re- canvass of votes is hereby approved. SECTION II The total of votes cast during early voting (including mail -in ballots) was 3704, and 2982 votes were cast on Election Day. The total number of votes cast in the City Election was 6686. Page 2 SECTION III Daryl John is hereby reaffirmed to have been elected to the Office of Councilmember Place 3. Cedric Edwards is hereby reaffirmed to have been elected to the Office of Councilmember Place 4. Matthew Duke is hereby reaffirmed to have been elected to the Office of Councilmember Place 5. SECTION IV 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 V 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 VI This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION VII 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 VIII 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 IX This Resolution shall be in force and effect from and after its final passage, and it is so resolved. Page 3 PASSED, APPROVED AND ADOPTED this 10iicael f Dece ber 2013. R. Carpe nter, Mayor Attest: CR �t—� cj J\ 1�` Dennis, City Secretary Page 4 SUMMARY REPT•GROUP DETAIL JOINT AMENDMENT / SPECIAL ELEC 2,406 13 CORAL COUNTY, TEXAS 0 0 40 NOVEMBER 5, 2013 1 RUN DATE:11 /22/13 09:45 AM TOTAL VOTES X EV PRECINCTS COUNTED (OF 38) . . . . . 38 100.00 REGISTERED VOTERS • TOTAL . . . . . 0 BALLOTS CAST - TOTAL. . . . . . . 16,039 8,830 PROPOSITION 1 CORAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . . . . 11,199 86.57 5,689 AGAINST . . . . . . . . . . . 1,737 13.43 908 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 199 116 PROPOSITION 2 CORAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . . . . 11,088 86.92 5,658 AGAINST . . . . . . . . . . . 1,669 13.08 832 Over Votes . . . . . . . . . 1 0 Under Votes . . . . . . . . . 377 223 PROPOSITION 3 CORAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . . . . 7,164 57.64 3,785 AGAINST . . . . . . . . . . . 5,264 42,36 2,535 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 707 393 PROPOSITION 4 CORAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . , . . 10,822 84.07 5,500 AGAINST . . . . . , . . . . . 2,050 15.93 1,046 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 263 167 PROPOSITION 5 CORAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . . . . 7.251 57.66 3,762 AGAINST . . . . . . . . . . . 5,324 42.34 2,635 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 560 316 PROPOSITION 6 CORAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . . . . 8,098 62.98 4,343 AGAINST . . . . . . . . . . . 4,760 37.02 2,186 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 277 184 REPORT-EL45A PAGE 001 MAIL ED PROV 771 6,409 29 674 4,813 23 41 784 4 0 0 0 9 74 0 641 4.764 25 65 771 1 1 0 0 17 136 1 379 2,986 14 282 2,436 11 0 0 0 63 249 2 652 4,648 22 56 944 4 0 0 0 16 79 1 414 3,062 13 270 2,406 13 0 0 0 40 203 1 521 3,216 18 194 2,371 9 0 0 0 9 84 0 SUMMARY REPT-GROUP DETAIL RUN DATE:11 /22/13 09:45 AM PROPOSITION 7 CORAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . . AGAINST . . . . , . . . . . Over Votes . . . . . . . . Under Votes . . . . . . . . PROPOSITION 8 CORAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . . . AGAINST . . . . . . . . . . Over Votes . . . . . . . . Under Votes . . . . . . . . PROPOSITION 9 CORAL COUNTYWIDE VOTE FOR 1 FOR . . . . . . . . . . . AGAINST . . . . . , . . . . Over Votes . . . . . . . . Under Votes . . . . . . . . Council Member, Place 3 CITY OF SCHERTZ VOTE FOR 1 Daryl John . . . . . . . . . Bert Crawford . . . . . . . . Over Votes . . . . . . . . Under Votes . . . . . . . . Council Member. Place 4 CITY OF SCHERTZ VOTE FOR 1 Grumpy Azzoz . . . . . . . . Cedric Edwards. . . . . . . . Over Votes . . . . . . . . Under Votes . . . . , . Council Member, Place 5 CITY OF SCHERTZ VOTE FOR 1 Matthew Duke . . . . . . . . Richard Dziewit . . . . . . . Over Votes . . . . . . . . Under Votes . . . . . . . . CORAL ISO BOND ELECTION VOTE FOR 1 FOR . . . . . . . . . . . AGAINST . . . . . . . . . . Over Votes . . . . . . . . Under Votes . . . . . . . . JOINT AMENDMENT / SPECIAL ELEC CORAL COUNTY, TEXAS NOVEMBER 5, 2013 TOTAL VOTES R EV 9.059 72.09 4,685 3,507 27.91 1,689 0 0 569 339 REPORT•EL45A PAGE 002 MAIL ED PROV 544 3,817 13 153 1,653 12 0 0 0 27 201 2 8,756 72.59 4.566 485 3,690 15 3,307 27.41 1,572 149 1.577 9 1 0 1 0 0 1,071 575 89 404 3 10,710 85.11 5,494 617 4,578 21 1,874 14.89 879 81 910 4 2 0 2 0 0 549 340 24 183 2 22 51.16 15 0 7 0 21 48.84 12 5 4 0 0 0 0 0 0 26 15 4 7 0 23 48.94 17 3 3 0 24 51.06 13 5 6 0 0 0 0 0 0 22 12 1 9 0 24 55.81 16 2 6 0 19 44.19 12 3 4 0 0 0 0 0 0 26 14 4 8 0 6,134 46.00 4,194 245 1.690 5 7.202 54.00 3,286 294 3.605 17 0 0 0 0 0 85 30 6 49 0 Y REPT -GROUP DETAIL JOINT AMENDMENT / SPECIAL ELEC COMAL COUNTY. TEXAS : 11 /22/13 09;45 AM NOVEMBER 5. 2013 RUN DATE TOTAL VOTES . % EV Place 3 CIBOLO CREEK MUNICIPAL AUTHORITY VOTE FOR 1 Richard Braud . . . . . . . . . 71 100.00 39 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 99 54 Place 4 CIBOLO CREEK MUNICIPAL AUTHORITY VOTE FOR 1 JC Dufresne. . . . . . . . . . 25 35.21 18 T. "Jake" Jacobs . . . . . . . . 46 64.79 21 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 99 54 Place 5 CIBOLO CREEK MUNICIPAL AUTHORITY VOTE FOR 1 Bobby D. Greaves . . . . . . . . 67 100.00 38 Over Votes . . . . . . . . . 0 0 Under Votes . . . . . . . . . 103 55 REPORT -EL45A PAGE 003 MAIL ED PROV 1 31 0 0 0 0 8 37 0 0 7 0 1 24 0 0 0 0 8 37 0 1 28 0 0 0 0 8 40 0 C ell,74