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15-E-22 - General and Special Charter ElectionNOTICE OF GENERAL AND SPECIAL ELECTION THE STATE OF TEXAS § COUNTIES OF GUADALUPE, COMAL § AND BEXAR § CITY OF SCHERTZ § --------- 0--- - - - - -- TO THE RESIDENT, QUALIFIED VOTERS OF THE CITY OF SCHERTZ, TEXAS ---- - - - - -- 0---- - - - - -- TAKE NOTICE that a general and special election will be held in the City of Schertz, Texas on November 3, 2015, in obedience to an ordinance duly entered by the City Council of the City on August 4, 2015, which ordinance reads substantially as follows: ORDINANCE NO. 15 -E -22 AN ORDINANCE CALLING A GENERAL AND SPECIAL ELECTION TO BE HELD IN THE CITY OF SCHERTZ ON NOVEMBER 3, 2015 FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACES 3,4 AND 5 AND CALLING A HOME RULE CHARTER AMENDMENT ELECTION TO BE HELD IN THE CITY ON SUCH DATE; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AUTHORIZING CONTRACTS WITH THE ELECTION ADMINISTRATORS OF BEXAR AND GUADALUPE COUNTIES TO CONDUCT THIS ELECTION; AUTHORIZING THE ELECTION TO BE HELD AS A JOINT ELECTION;AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION AND DECLARING AN EFFECTIVE DATE WHEREAS, PURSUANT TO Section 9.01(a) of the Home Rule Charter (The "Charter ") of the City of Schertz, Texas (the "City"), the regular elections of the City shall be held on the uniform election date in November of each calendar year, with the elections for Councilmembers for Place 3, Place 4, and Place 5 occurring in November of 2015 and the City determines that a special election should also be held in the City on November 3, 2015 ; and WHEREAS, pursuant to Section 12.04 of the Charter of the City, the City Council of the City, by majority vote of the full membership of the City Council reflected in this Ordinance, has recommended amendments to the Charter; and WHEREAS, the City Council of the City hereby determines to submit to the qualified voters of the City for their adoption or rejection certain proposed amendments to the Charter pursuant to the provisions of Sections 12.04 of the Charter and Section 9.004, as amended, Local Government Code; and WHEREAS, the Council hereby finds and determines that the Charter amendment election shall be held on November 3, 2015 which is the next uniform election date prescribed under the Texas Election Code, as amended; and WHEREAS, the Council hereby finds and determines that holding the proposed Charter amendment election on the next uniform election date is in the best interests of the citizens of the City; and WHEREAS, the City will contract with Bexar County Elections Administrator and the Guadalupe County Elections Administrator (the "Elections Administrator ") to conduct this election; and WHEREAS, the City Secretary shall publish and post notice of this election as required by applicable law. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. A General election to for City Council Places 3, 4 and 5 are up for election a uniform election date in the City of Schertz, Texas, which date is not less than thirty (30) days from the final adoption of this Ordinance. At such election, the candidates receiving the most votes for City Council Places 3, 4 and 5 shall be declared elected. Any candidate desiring to have his or her name on the Official Ballot for said election shall, no sooner than July 25, 2015 and no later than August 24, 2015, 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 City Council places 3, 4 and 5. 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 Official Ballot pursuant to a drawing as provided by law. SECTION 2. An election to present proposed amendments to the City Charter shall also be held on November 3, 2015, a uniform election date in the City of Schertz, Texas, which date is not less than thirty (30) days from the date of the final adoption of this ordinance (this "Ordinance "). The following measures amending the City Charter shall be submitted to the qualified voters of the City at the special election in the form of propositions in accordance with Section 9.004 of the Texas Local Government Code and other applicable laws: MEASURE 1 Section 2.01 General Powers. The City shall have all the powers granted to cities by the Constitution and general laws of the State together with all of the implied powers necessary to execute such granted powers. Mir VON CM Section 3.01 Establishment. The municipal government provided by this Charter shall consist of a Mayor and Councilmembers, elected by the people and responsible to the people, and a City Manager, appointed by and responsible to the City Council for proper administration of the affairs of the City. Pursuant to its provisions and subject only to the limitations imposed by the Constitution and general laws of the State and by this Charter, all powers of the City shall be vested in the elected Mayor and Councilmembers, who shall enact local legislation, adopt budgets and determine policies. All powers of the City shall be exefeised in the maiiflef pr-esefibed by4his, Section 4.09 Meetings and Procedure. (e) Passage of Ordinances and Resolutions. Ordinances and resolutions shall be introduced to the City Council only in written or printed form. The subject or subjects of all ordinances and resolutions shall be clearly expressed in the title. Except as may otherwise be prescribed in this Charter, an ordinance shall not be passed at the meeting of the City Council at which it is first introduced, but instead the ordinance or its caption shall be read, and the City Council will determine whether it shall be rejected or further considered at a subsequent meeting of the City Council. If rejected, no further action shall be required. The City Council must take second and final consideration of any ordinance not later than sixty days after the first reading of such ordinance. Notwithstanding the foregoing provisions, if the City Council, by a vote of not less than two - thirds of the members present at the meeting at which an ordinance is first introduced, determines that an emergency exists requiring immediate action, such ordinance may then be voted upon and rejected or passed at that meeting The— es" afi "nays" shall be tak "en the passage of a4l or-dinaftees and resolutions and entefed in the mifl-u4es ef the City may ote en any maRef being e-ens d the CitCauneil. The enacting clause of all ordinances shall be, `BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ", and every ordinance shall be authenticated by the signature of the Mayor and the City Secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the City Council. (1) Franchise ordinances. All ordinances granting, confirming, extending, renewing or amending a franchise shall be accepted in writing by the grantees, and the full text thereof shall be placed on the City's website for at least one week prior to final adoption of the franchise ordinance. (2) Effective date. Every ordinance passed by the City Council shall be enrolled by the City Secretary as soon as practicable after its passage. If the ordinance was published, he or she shall note the time and place of publication which shall be prima facie proof of publication thereof. The affidavit by the printer or publisher shall also be prima facie proof of the publication. Enrollment of an ordinance shall be prima facie proof of its legal adoption and effect. IN IN lkffiffi_�MIM IN 10 AUM Section 3.01 Establishment. The municipal government provided by this Charter shall consist of a Mayor and Councilmembers, elected by the people and responsible to the people, and a City Manager, appointed by and responsible to the City Council for proper administration of the affairs of the City. Pursuant to its provisions and subject only to the limitations imposed by the Constitution and general laws of the State and by this Charter, all powers of the City shall be vested in the elected Mayor and Councilmembers, who shall enact local legislation, adopt budgets and determine policies. All powers of the City shall be exefeised in the maiiflef pr-esefibed by4his, Section 4.09 Meetings and Procedure. (e) Passage of Ordinances and Resolutions. Ordinances and resolutions shall be introduced to the City Council only in written or printed form. The subject or subjects of all ordinances and resolutions shall be clearly expressed in the title. Except as may otherwise be prescribed in this Charter, an ordinance shall not be passed at the meeting of the City Council at which it is first introduced, but instead the ordinance or its caption shall be read, and the City Council will determine whether it shall be rejected or further considered at a subsequent meeting of the City Council. If rejected, no further action shall be required. The City Council must take second and final consideration of any ordinance not later than sixty days after the first reading of such ordinance. Notwithstanding the foregoing provisions, if the City Council, by a vote of not less than two - thirds of the members present at the meeting at which an ordinance is first introduced, determines that an emergency exists requiring immediate action, such ordinance may then be voted upon and rejected or passed at that meeting The— es" afi "nays" shall be tak "en the passage of a4l or-dinaftees and resolutions and entefed in the mifl-u4es ef the City may ote en any maRef being e-ens d the CitCauneil. The enacting clause of all ordinances shall be, `BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ", and every ordinance shall be authenticated by the signature of the Mayor and the City Secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the City Council. (1) Franchise ordinances. All ordinances granting, confirming, extending, renewing or amending a franchise shall be accepted in writing by the grantees, and the full text thereof shall be placed on the City's website for at least one week prior to final adoption of the franchise ordinance. (2) Effective date. Every ordinance passed by the City Council shall be enrolled by the City Secretary as soon as practicable after its passage. If the ordinance was published, he or she shall note the time and place of publication which shall be prima facie proof of publication thereof. The affidavit by the printer or publisher shall also be prima facie proof of the publication. Enrollment of an ordinance shall be prima facie proof of its legal adoption and effect. (3) Codification of ordinances. The City Council shall have the power to cause the ordinances of the City to be corrected, amended, revised, codified and printed in code form as often as the City Council deems advisable, and such printed code, when adopted by the City Council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. All printed ordinances or codes of ordinances shall be admitted as evidence in all courts without further proof and shall have the same force and effect as did the original ordinance. 4.011 Iiiiiiii�W. -: P.M I a PM M&N., 01 NO off. 410. 1 i FM P. A". -M.- - -1. F. 1". � 6 W-01 -I III I WIN i WIN NO I �11 I I I wil N 01, 1 m M. 01101,10M. 10111 R1 ~W 1,01" .Imp I W WKS WHO Ai 1, PON. I WIN OWN I Im. IN P.M I a PM M&N., 01 NO off. 410. 1 i FM P. A". -M.- - -1. F. 1". � 6 OPRIP.WHIM-WAM... I WIN OWN I Im. IN -111if M.. M-. - W- 111� Mill 19mm 11 ill FAIN I W. I'll, III I 'Milli III, MO. M. P.M I a PM M&N., 01 NO off. 410. 1 i FM P. A". -M.- - -1. F. 1". � 6 MM 1111mil -wk- -0 .fits. ..lf fl lS�..... :l SO -M�w ♦ �:��irf.�..5. !lRii !�!!f!ESi IN- IN Will !11111lN I III OWN M.S., Wail om MINNA MI. 6WANW _sw tee. �.....�.. i i �.: i :..v : e: ��y �. a :.! !lRii !�!!f!ESi IN- !11111lN I III OWN M.S., Wail loo—ro—m— won Ill I III nill n In Ill In WE It ` - pTmp :: Low— REMAIN mill-11 111111iffill. Mil loo—ro—m— won Ill I III nill ''III Ill In WE MEASURE 2 Section 4.01 Number, Selection and Term. The City Council shall be composed of the Mayor and fi-ve seven Councilmembers. The Mayor and all Councilmembers shall be elected from the City at large. Subject to Section 4.06(c), the Mayor and Councilmembers shall be elected in the manner provided in Section 9.01 of this Charter for two -year terms. Each Councilmember shall occupy a position on the City Council, such positions being numbered Place One through Place Seven lime. At the first genera ' eleet ^N held 1 Three, Four -, d Five shall beeleeted. The fvlle;A4ng yea and eaei e veix- fitiffibefezd year thefeaftef, the Mayer and the Cetmeilmembet!s filling Plaees One and Two sha4l be eleeted. Section 4.09 Meetings and Procedure. (c) Quo rum. three Four Councilmembers (excluding the Mayor) shall constitute a quorum, and no action shall be valid unless adopted by the affirmative vote of three four or more members of the City Council. If the Mayor Pro -Tern is presiding, he or she shall be counted for purposes of determining a quorum. Transitional Requirements Should Measure 2 and Measure 3 pass then the following transition shall occur: THREE YEAR TERM TRANSITION WITH 7 COUNCIL MEMBERS 2016 Mayor shall be elected to a three year term to expire 2019 Place 1 shall be elected to a three year term to expire 2019 Place 2 shall be elected to a three year term to expire 2019 Place 6 shall be elected to a two year term to expire 2018 Place 7 shall be elected to a two year term to expire 2018 2017 Place 3 shall be elected to a three year term to expire 2020 Place 4 shall be elected to a three year term to expire 2020 Place 5 shall be elected to a three year term to expire 2020 2018 Place 6 shall be elected to a three year term to expire 2021 Place 7 shall be elected to a three year term to expire 2021 2019 Mayor shall be elected to a three year term to expire 2022 Place 1 shall be elected to a three year term to expire 2022 Place 2 shall be elected to a three year term to expire 2022 2020 Place 3 shall be elected to a three year term to expire 2023 Place 4 shall be elected to a three year term to expire 2023 Place 5 shall be elected to a three year term to expire 2023 2021 Place 6 shall be elected to a three year term to expire 2024 Place 7 shall be elected to a three year term to expire 2024 Should Measure 2 pass and Measure 3 fail then the following transition shall occur: Two Year Term Transition with 7 Council Members 2016 Mayor shall be elected to a two year term to expire 2018 Place 1 shall be elected to a two year term to expire 2018 Place 2 shall be elected to a two year term to expire 2018 Place 6 shall be elected to a two year term to expire 2018 2017 Place 3 shall be elected to a two year term to expire 2019 Place 4 shall be elected to a two year term to expire 2019 Place 5 shall be elected to a two year term to expire 2019 Place 7 shall be elected to a two year term to expire 2019 2018 Mayor shall be elected to a two year term to expire 2020 Place 1 shall be elected to a two year term to expire 2020 Place 2 shall be elected to a two year term to expire 2020 Place 6 shall be elected to a two year term to expire 2020 2019 Place 3 shall be elected to a two year term to expire 2021 Place 4 shall be elected to a two year term to expire 2021 Place 5 shall be elected to a two year term to expire 2021 Place 7 shall be elected to a two year term to expire 2021 2020 Mayor shall be elected to a two year term to expire 2022 Place 1 shall be elected to a two year term to expire 2022 Place 2 shall be elected to a two year term to expire 2022 Place 6 shall be elected to a two year term to expire 2022 2021 Place 3 shall be elected to a two year term to expire 2023 Place 4 shall be elected to a two year term to expire 2023 Place 5 shall be elected to a two year term to expire 2023 Place 7 shall be elected to a two year term to expire 2023 MEASURE 3 Section 4.01 Number, Selection and Term. The City Council shall be composed of the Mayor and five Councilmembers. The Mayor and all Councilmembers shall be elected from the City at large. Subject to Section 4.06(c), the Mayor and Councilmembers shall be elected in the manner provided in Section 9.01 of this Charter for two three -year terms. Each Councilmember shall occupy a position on the City Council, such positions being numbered Place One through Place Five. At the first genefal eleet o held tmdef Section 4.06 Vacancies, Forfeiture, Filling of Vacancies. (c) Filling Vacancies. (1) In the event of a single vacancy in the City Council, if there are 365 days or more remaining on the term of the vacated City Council position, the City Council shall call a special election to fill such vacancy. If there are less than 365 days remaining in the term of the vacated City Council position, the City Council may, by majority vote of the remaining Councilmembers, at its discretion appoint a new Mayor or Councilmember to fill such vacancy or call a special election to fill such vacancy. Section 9.03 Determination of Election Results. , Getineilmembef Plaee One, ete., who shall have r-eeeived the mes! vetes faf eaeh Offiee east in sueh eleetien, shall be 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 run -off election shall be held between the two (2) candidates who received the greater number of votes. In the event a tie vote makes it impossible to determine the winning candidate or candidates, resolution of such tie shall be decided as provided in the Texas Election Code. Transitional Provision Should Measure 3 pass and Measure 2 fail the following transition shall occur: THREE YEAR STAGGERED TERM TRANSITION WITH 5 COUNCIL MEMBERS 2016 Mayor shall be elected to a three year term to expire 2019 Place 1 shall be elected to a two year term to expire 2018 Place 2 shall be elected to a two year term to expire 2018 2017 Place 3 shall be elected to a two year term to expire 2019 Place 4 shall be elected to a three year term to expire 2020 Place 5 shall be elected to a three year term to expire 2020 2018 Place 1 shall be elected to a three year term to expire 2021 Place 2 shall be elected to a three year term to expire 2021 2019 Mayor shall be elected to a three year term to expire 2022 Place 3 shall be elected to a three year term to expire 2022 2020 Place 4 shall be elected to a three year term to expire 2023 Place 5 shall be elected to a three year term to expire 2023 2021 Place 1 shall be elected to a three year term to expire 2024 Place 2 shall be elected to a three year term to expire 2024 MEASURE 4 Section 4.06 Vacancies, Forfeiture, Filling of Vacancies. (a) Vacancies. The office of a Councilmember or the office of the Mayor shall become vacant upon his or her death, mental of physiea4 disability, fesignuasn, removal from office in any manner authorized by law, or forfeiture of his or her office as provided for in this Charter. Determination of mental or- physieal disability shEd! be eeAified by two physiei (b) Forfeiture. The Mayor or a Councilmember shall forfeit his or her office upon: (1) Final conviction of a felony or of an offense involving moral turpitude, a violation of any state laws regulating conflicts of interest of municipal officers, or is assessed a deferred adjudication or probation for any state laws regulating conflicts of interest of municipal officers. (2) Ceasing to be a resident of the City. (3) Failure to regularly attend City Council meetings without an approved absence obtained by a majority vote by City Council either before or after the absence. There shall be a presumption of failure to regularly attend when three (3) regular meetings are missed during a term year without obtaining an approved absence from City Council. rRrrdi°-car early - attend City G ou n eil meetings wi + gar caHTe. Good eause shall be illness ef tempefafy disability, absenee fr-effi the City, er- family emer-geney. There shall be a presumption of failtffe to r-egWar-ly attend when mere (4) A determination by City Council of the inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of election. Section 4.07 Prohibitions. (a) Employment with the City. No Mayor or Councilmember shall hold any ether publie ef-fiee of empleyment with the City nor- have any finaneial interest, dir-eetly or- indir-eeAy, compensated City office or employment until two (2) years after the expiration of the term for which he or she was elected to the City Council. (b) Appointments and Removals. Neither the City Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officer or employee whom the City Manager or any of his or her subordinates are empowered to appoint, unless otherwise provided in this Charter, but the City Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquiries, unless otherwise provided in this Charter, the City Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately. (d) Admission of Liability. Neither the City Council nor any of its members Of employees of the City shall accept or admit liability or pay any claim for damages asserted against the City without first obtaining a written opinion from the City Attorney regarding the City's liability therein. (e) Conflicts of Interest. It is hereby_ prohibited for the Mayor or Councilmember or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter 171 as amended or its successor. For purposes of this Section term "City Official" means any individual subject to the requirements of Texas Local Government Code, Chapter 171 as amended or its successor. (f) Attorney Client Privilege. It shall be unlawful for the Mayor or a Council Member to release any attorney - client privileged communication. The City Council as the governing body of the City solely holds and is entitled to the attorney client - privilege and it may only be waived by an affirmative vote of two - thirds of the City Council. Section 4.11 Council Investigations; Hearings; Process A. General. In addition to any other specific authority of investigation and hearing provided for in this Charter, the City Council shall have the power to inquire into the official conduct of any department, agency, appointed boards, office, officers, employees or appointed board members of the City. For the purpose of investigations and hearings, the City Council shall have the power to administer oaths, subpoena witnesses, compel the production of books, papers, and other evidence material to the inquiry. The City Council shall provide, by ordinance, penalties for contempt in failing or refusing to o obey any such subpoena or to produce any such books, papers or other evidence. The City Council shall have the power to punish any such contempt in the manner provided by such ordinance. B. Hearings Process for Forfeitures of Office and Prohibitions. 1. All hearings held under this subsection shall be conducted in open session, except that the City Council may conduct a closed session to get advice from its attorney_ pursuant to the Texas Open Meetings Act; 2. The office holder subject to any investigation and /or hearing under this section shall be entitled to written notice of the allegations of forfeiture and /or the alleged violation of this Charter as applicable; 3. A special meeting shall be called to hold the hearing_ 4. A member of City Council who initiated or is the subject of the investigation or hearing shall not sit at the dais and shall not participate in deliberations or vote; 5. City Council shall adopt by ordinance rules of procedures to be followed; 6. The City Council shall state the nature of the hearing and the allegations to be considered, shall be provided the results of any investigation and a presentation of the evidence against the office holder including, but not limited to testimon from individuals; 7. The individual who is subject to the hearing shall be provided an opportunity to respond to the allegations and present any relevant evidence including, but not limited to, testimony from individuals; 8. City Council may ask questions of any individual; 9. No public comment shall be allowed; 10. In the case of an alleged forfeitures of office pursuant to Section 4.06 (b) of this Charter City Council shall vote on the forfeiture and on the affirmative vote of two - thirds of City Council declare the office of said office holder to be forfeited and vacant; 11. In the case of an alleged violation of Section 4.07 of this Charter City Council may, on the affirmative vote of a majority of the City Council, take any action it determines to be appropriate including, but not limited to, directing further investigation, requesting further information, vote to enforce a penalty_ pursuant to section 12.10 of this Charter, vote to bring an action in municipal court, take a vote of censure; or, upon the affirmative vote of two - thirds (2/3) of City Council declare the office of said office holder to be forfeited and vacant. 12. Unless prohibited pursuant to subsection 4 herein, the Mayor shall vote in the case of an alleged forfeitures of office pursuant to Section 4.06 (b) of this Charter or of an alleized violation of Section 4.07 of this Charter. --.-- : : - Of Pay any iee E)f ethef valuable thing to any per-son fef of in eanneetion �A4 (4) , by afty eempensated City si fier (5) per-seii who holds any eenTensated City pesition shall make, selieit ef feeeive any he may exer-eise his rights as a eitizen to expr-ess his epiniens and le east his vote. (6) degfee by eensangttiftit-y te ffity- eleeted offieef of the City, of te the City Manager-, shall be empleyed by the City of be appeinled 1E) any efflee, position, er- eler-kship of othef serer^° of the City, but this pfe ibitien s =a4ll net apply any sue pe sen fel.-.' -`li i.� (b) Penalties. Any pefsen whe by himself er- hefself E)r- with ethers wiliftilly viela4es b Section 12.10 Penalty Clause. A. Criminal Penalty. Any person who by himself or with others violates any provision of this charter shall, in addition to any other penalty, be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more $500.00. City Council shall enact an ordinance enforcing this section. B. Civil Penalty. Upon the affirmative vote of two- thirds of the City Council any person who by himself or with others violates any provision of this charter shall be, in addition to any other penalty provided for herein, subiect to a civil fine of not more than $500.00. MEASURE 5 Section 7.02 Submission of Budget. The City Manager shall submit to the City Council a budget for the ensuing fiscal year and an accompanying message not later than suety fifty days prior to the beginning of each fiscal year. Seetion 7.03 Budget Message. The City Manager-'s budget message shall atAhne the proposed finaneial pelieies e City for- the enstt4ig fiseal year-; desefibe the impeftaR4 feattffes of the budget; indieate any majer (a) A budget message. (b) A a „ lida +ad ata4ement offeeeir.ta and o „d;t<.res for- all funds. (e) A.-i analysis of pr-opefty valuations. (d) An analysis oftav ra4o (e) Tax levies and tax eelleeti.<„a by < a for- the p edi„a five < (f) (`_ener -al ftmd ry o and all ether f„„1 ry in .lo +a;l (g) (h) . (i) Detailed estimates of o eipendittifes shevffi sepafately f r eaeh aeiiyi4_:r le a pp 0) A r o and o a4a4eiiie 4 faf all t<Ten of Merida (k) A descfipt}en ef A bond issues etAstanding, shewiiig fate e t°roa+ date 0 issue, matafily date, eall date, if any, afneui4 atAherized, amoth4 issued, and ffineim tatar, d (1) . (m) (n) The a at;„r. „rdin—. -a The total estimated expenditufes of eaeh ftmd shall not eEeeed the total estima nationally a pled elassifieation. Seetio 7.05 Capital rmr,r„ <,emo„4s Pfogram > > the Gity Manager- dooms desirable finaneial faf the fiseal it as Seetio 7.04 Budget rertanta The budge! sha4l provide a eei:ftplete r +ai„ th- f flowing! plan ensuing yeaf. sh (a) A budget message. (b) A a „ lida +ad ata4ement offeeeir.ta and o „d;t<.res for- all funds. (e) A.-i analysis of pr-opefty valuations. (d) An analysis oftav ra4o (e) Tax levies and tax eelleeti.<„a by < a for- the p edi„a five < (f) (`_ener -al ftmd ry o and all ether f„„1 ry in .lo +a;l (g) (h) . (i) Detailed estimates of o eipendittifes shevffi sepafately f r eaeh aeiiyi4_:r le a pp 0) A r o and o a4a4eiiie 4 faf all t<Ten of Merida (k) A descfipt}en ef A bond issues etAstanding, shewiiig fate e t°roa+ date 0 issue, matafily date, eall date, if any, afneui4 atAherized, amoth4 issued, and ffineim tatar, d (1) . (m) (n) The a at;„r. „rdin—. -a The total estimated expenditufes of eaeh ftmd shall not eEeeed the total estima nationally a pled elassifieation. Seetio 7.05 Capital rmr,r„ <,emo„4s Pfogram OEM- JR�II�� S!SR'� %tIS��I�S % \ \7 \ \�ISS� \�• (b) Amendment before Adapfi.e.n. Aftef the publie J the City Couneil may adopt the budget with or- Mthofft amendmeftt. in amending the budget, it may add — Ii.—I—I J J estimated i (e) Ado The City Council should adopt the budget, with or without amendments, after public hearings and before the first day of the ensuing fiscal year. Should the City Council take no final action, amounts appropriated for the current fiscal year shall be deemed adopted on a month to month basis. Final adoption shall constitute appropriation of the expenditures proposed from funds so indicated. (a) S!�VvlefflepAql tiells�f-, dffing the fisea4 yez budget, life, J pfopefty or the publie J the City Couneil may make effiefgelley appfaffifttiEffis. TO the e�ctent that there afe na available unappfopfia4ed fevei+ues te meet sueh 7 the Qt-y appheable State J rii,.able State law. (e) Re"e ier of ^ „„re= riation . if at any time dtffiiig the fiseal yeaf it appeafs 7 delay, J to afty athef steps to be taken. The City Cotineil shall then take stieh fiR4her- aefieft as it dee .. _ 1 I JPlSL' " • I l.i[S.i�� !•t.i \: /!f�2!.i •i iii: /.fl...l�0: \�1•Z I.i'S L 1 L �.Ii:I�L �t .. _ \ 1 / All 1 I • I 1 I • I l.i[S.i�� !•t.i \: /!f�2!.i •i iii: /.fl...l�0: \�1•Z I.i'S L 1 L �.Ii:I�L �t MILSMA AEM \ 1 / All 1 I • I 1 I l.i[S.i�� !•t.i \: /!f�2!.i •i iii: /.fl...l�0: \�1•Z I.i'S L 1 L �.Ii:I�L �t \ 1 / All 1 I • I MILSMA she ffiay deeffi expedient, (4) Suh,.,-,it to the City Cotmeil a rmentl3-li-y slatemefA ef all r— eeeipts -Rd disbursements in s4fieienA detail to show the exaet finaneial eanditien of the City. (5) =epa «e as of the end „f e eh f;seal yea,-, a eamplete f na-He;al state,n,e„t and r-epeft. is r-espen"'l� ble and r-eeeive all meiiey feeeivable y the Ci! f«,.,,-, !he State foae al of goveffhmefi4, eatift, of ft em a off;ee, depaftment of ageney of the Gity. (7) Serve as Ems, Off e ) City T,- easufe and hake e ,steely of all ptiblie f;mds belonging to or- tindef the eentr-al of the City, or- any offiee, depaftmei4 or- ageney of the City, and h deposited daily all f;,n l s earning- ipt^o his E)f h ef hands in si depesiiafy(s) as may be designated by r-eseltAieii af the City as detenniiied-by „hseat;e,-, (11) below (8) Have etistedy of all investmeffts and invested funds of the Cite) -1i3 bends- aiid notes E)f the City ffiid the r-eeeipt end delivefy of City bends and notes fe 4a,-,sfe, fegisifation of ehange ageney of the Coy. (10) Approve ali p eposed exPendittffes. Ne appfepriatien sha4l be MEASURE 6 Section 4.02 Qualifications. The Mayor and each Councilmember must, at the time of f;liag f^,- eff;ee, have attained the age of eighteen or older on the first day of the term of office applied for, be a registered voter of the City of Schertz, and have been a resident of the City for at least six twelve consecutive months immediately preceding the deadline for filing for an application for a place on the ballot Section 9.01 City Elections. (a) by I .1N. -11 wom -ft. `7 L-.M-mmm- mm I a (a) The regular City election shall be held annually on the uniform election date in November, or at such other times as may be authorized or specified by State Law, at which time officers will be elected to fill those offices which become vacant that year. (b) The City Council shall fix the place for holding such election. (c) The City Council mg , by ordinance or resolution, order a special election, fix the date and place for holding same, and provide all means for holding such special election. Section 9.02 Candidates. (a) Any person having the qualifications set forth fef Get;ieilfftembef—under Section 4.02 of this Charter shall have the right to file an application to have his or her name placed on the official ballot as a candidate for any one elective office. , a statemetA that the effididate is a-wafe of applieable State iiepefism laws, — pte—ibed by Texas Eleefien Code, and shall be filed ;AAA the Q:�y Seefetafy of appfepr-iate authefity within the ti 1. Any such application shall be in writing, signed by such candidate, and filed with the City_ Secretary in accordance with the Texas Elections Code and this Charter. 2. An application filed in accordance herewith shall entitle such applicant a place on the official ballot. • I NO . I .1N. -11 wom -ft. `7 L-.M-mmm- mm I a (a) The regular City election shall be held annually on the uniform election date in November, or at such other times as may be authorized or specified by State Law, at which time officers will be elected to fill those offices which become vacant that year. (b) The City Council shall fix the place for holding such election. (c) The City Council mg , by ordinance or resolution, order a special election, fix the date and place for holding same, and provide all means for holding such special election. Section 9.02 Candidates. (a) Any person having the qualifications set forth fef Get;ieilfftembef—under Section 4.02 of this Charter shall have the right to file an application to have his or her name placed on the official ballot as a candidate for any one elective office. , a statemetA that the effididate is a-wafe of applieable State iiepefism laws, — pte—ibed by Texas Eleefien Code, and shall be filed ;AAA the Q:�y Seefetafy of appfepr-iate authefity within the ti 1. Any such application shall be in writing, signed by such candidate, and filed with the City_ Secretary in accordance with the Texas Elections Code and this Charter. 2. An application filed in accordance herewith shall entitle such applicant a place on the official ballot. (b) A candidate of the City Council shall specify the place number or position the candidate is seeking. (c) A filing fee of five dollars, or such other amount as may hereafter be set by the City Council, must be paid to the City Secretary by each candidate upon presentation of his or her application. The filing fee shall be waived if the candidate states in writing that paw thereof will constitute a financial hardship. MEASURE 7 Section 10.03 Petitions. (a) Number of signatures. Initiative; and referendums petitions must be signed by qualified voters of the City equal in number to at least fifty (50) fifteen (15) percent of the number of voters registered to vote at the last general City election total r,,ffib °r of qualified votefs whe voted at the last Mayer-al eleelien, btA no less than 41'-ee hufidr-ed . Recall petitions must be signed yqualified voters of the City equal in number to at least twenty (20) percent of the number of voters registered to vote at the last general City election. MEASURE 8 Sec. 1.02. - Boundaries; Extension, Annexation and Disannexation. (c) Disannexation. Any area hereafter annexed under this Charter and the law of this State may be disannexed as follows: i. Prior to disannexing any property of the City a public hearing shall held before both the City's Planning and Zoning commission and City Council on the proposed disannexation. ii. Before the 10th day before the hearing date before the Planning and Zoning Commission, written notice of the public hearing shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the area to be disannexed. The notice may be served by its deposit in the United States mail, proberly addressed with postage paid. iii. Not later than 30 days of completion of the public hearing by the Planning and Zoning Commission the City Council shall hold a public hearing on n the proposed disannexation. Before the 15th day before the date of the public hearing, a general description of the property to be disannexed and notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the City. iv. Not later than 30 days after the completion of the public hearing conducted by City Council the City Council may adopt an ordinance disannexing the property. A metes and bounds description of the property shall be attached to the ordinance as an exhibit. Section 4.05 Mayor and Mayor Pro -Tem. The Mayor shall be the official head of the City government. He or she shall be the chairman and shall preside at all meetings of the City Council. The Mayor may vote only in the event of a tie. He or she shall, when .,uthe unless another signatory is otherwise designated by the City Council, sign all official documents such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts, and bonds. He or she shall appoint special committees as instructed by City Council, with committee membership to be composed of nominees by the City Council. He or she shall perform such other duties consistent with this Charter or as may be imposed upon him or her by City Council. The Mayor shall not have veto powers. The Mayor Pro -Tem shall be a Councilmember appointed by the City Council for a term and pursuant to procedures established by the City Council from time to time. The Mayor Pro - Tem shall act as Mayor during the absence or disability of the Mayor and in this capacity shall have the rights conferred upon the Mayor. While acting as Mayor, the Mayor Pro -Tem may vote on any matter before the City Council. MEASURE 10 Section 5.01 Appointment; Qualifications; Compensation. The City Council shall appoint a City Manager and fix his or her compensation. He or she shall be chosen on the basis of his or her executive and administrative training, experience, ability and character. He or she need not be a resident of the City or State at the time of his or her appointment, but he or she must agree, prior to such appointment, to become a resident of the City within four months after the date of his or her appointment. If he or she thereafter fails to become a resident of the City within that four -month period, he or she shall be deemed to have forfeited his or her appointment and the office shall be declared vacant by announcement of the Mayor at the first meeting of the City Council following the expiration of the four -month period. The City Manager shall serve at the will and pleasure of the City Council. He or she shall be employed for or relieved from his or her duties by a vote of a majority of the members of the entire City Council. , the City Getmeil may app ene or- more Assistant City Managefs and set the eempensation for sueh appeifAees, MEASURE 11 Section 5.03 Powers and Duties of City Manager. The City Manager or their designee shall attend all City Council meetings and shall have the right to take part in discussion but may not vote. MEASURE 12 Section 6.02 Operational and Personnel axles Policies. The City Manager shall be responsible for the preparation of operational and personnel policies. fules, whieh ndle., shall be stibni4ed by him her- to the City r°,,nei . Personnel er- policies which affect the budget and employee discipline and /or adverse actions shall be approved by City Council. The City Council may accept and adopt such rules policies as proposed or may adopt them with such amendments as the City Council deems necessary or may reject them in their entirety and direct the City Manager to further consider the Pules policies and present new proposals at a subsequent meeting. Operational and administrative policies shall be approved by the City Manager but shall be provided to City Council for their information. MEASURE 13 Section 6.06 City Secretary (a) The City Council shall appoint a City Secretary and his / of deputy of deputies who shall act as Secretary of the City Council and who shall hold office at the pleasure of the City Council. The City Secretary shall be the clerical officer of the City Council, and shall keep the minutes, agenda, ordinances and other official records of the City Council and the City. The City Secretary shall be the custodian of the official seal of the City, and shall have such other duties and powers prescribed in this Charter and by the City Council. The City Council will set the compensation for the City Secretary. The City Secretary shall report administratively to the City Manager but may be removed from office only by the City Council (b) Upon approval by Ci1y Council of the position(s), the City Secretary may hire a deputy or deputies. The Deputy or Deputies shall report directly to the City Secretary, MEASURE 14 MEASURE 15 Section 10.09 Ordinances Passed by Petition, Repeal or Amendment No ordinance which may have been passed by the City Council upon a petition or adopted by popular vote under the provisions of this Article may be repealed or amended by the City Council for a period of three (3) years from the date said ordinance became effective and then only upon an affirmative vote of two - thirds (2/3s) of the City Council. MEASURE 16 Section 12.01 Personal Financial Interest N1 W.W. IN „_ MEASURE 15 Section 10.09 Ordinances Passed by Petition, Repeal or Amendment No ordinance which may have been passed by the City Council upon a petition or adopted by popular vote under the provisions of this Article may be repealed or amended by the City Council for a period of three (3) years from the date said ordinance became effective and then only upon an affirmative vote of two - thirds (2/3s) of the City Council. MEASURE 16 Section 12.01 Personal Financial Interest For purposes of this Section term " City Official" means any individual subject to the requirements of Texas Local Government Code, Chapter 171. It is hereby prohibited for City Council members or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter 171. MEASURE 17 Section 12.05 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission which shall consist of no less than 5 and no more than 11 of five citizens of the City. It shall be the duty of the Commission to: MEASURE 18 Section 12.05 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission of five citizens of the City. It shall be the duty of the Commission to: (a) Inquire into the operation of the City government under the Charter provisions and determine whether any such provisions require revision and to this end, public hearings may be held and the Commission shall have the power to compel the attendance of any officer or employee of the City to require the submission of any of the City records which it may consider necessary to the conduct of such hearing. (b) Make any recommendations it considers desirable to insure compliance with the provisions of this Charter by the several departments of the City. (c) Propose amendments to this Charter to improve its effective application to current conditions. (d) Report its findings and present its proposed amendments, if any, to the City Council. The City Council shall receive any report submitted by the Charter Review Commission, may comment on any proposed amendment recommendations made, and, if any amendment or amendments are presented as a part of such report, shall order such to be submitted to the voters of the City in the manner provided in Section 12.04. 110.1 *1 161,11 OWN' OWN 11111 N - :I- :- -: -: For purposes of this Section term " City Official" means any individual subject to the requirements of Texas Local Government Code, Chapter 171. It is hereby prohibited for City Council members or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter 171. MEASURE 17 Section 12.05 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission which shall consist of no less than 5 and no more than 11 of five citizens of the City. It shall be the duty of the Commission to: MEASURE 18 Section 12.05 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission of five citizens of the City. It shall be the duty of the Commission to: (a) Inquire into the operation of the City government under the Charter provisions and determine whether any such provisions require revision and to this end, public hearings may be held and the Commission shall have the power to compel the attendance of any officer or employee of the City to require the submission of any of the City records which it may consider necessary to the conduct of such hearing. (b) Make any recommendations it considers desirable to insure compliance with the provisions of this Charter by the several departments of the City. (c) Propose amendments to this Charter to improve its effective application to current conditions. (d) Report its findings and present its proposed amendments, if any, to the City Council. The City Council shall receive any report submitted by the Charter Review Commission, may comment on any proposed amendment recommendations made, and, if any amendment or amendments are presented as a part of such report, shall order such to be submitted to the voters of the City in the manner provided in Section 12.04. The term of office of the Charter Review Commission shall be 180 days after the date of the first meeting, said first meeting; to occur within forty -five (45) days of the date of appointment. appeintiEent of the Gemfnissien, , ilf during this term no report is presented to the City Council, then all records of the proceedings of the Commission shall be filed with the City Manager and the Charter Review Commission shall be dismissed. MEASURE 19 Section 12.09 Disaster Clause. In the case of a common disaster when a legal quorum of the City Council cannot otherwise be assembled due to multiple deaths or injuries, the surviving persons of the City Council, or highest surviving City official, if no elected official remains, shall, within 24 hours of such disaster, request the highest surviving officers of the Guadalupe County Commissioners Court to appoint a number of residents of Schertz, qualified to serve as City Council Members, equal to the number necessary to make a quorum to act during the emergency as the City Council. The newly appointed City Council shall call a City election within 15 days of their appointment, or as provided in the Texas Election Code, for election of the vacant offices, if for good reasons it is known a quorum of the present City Council will never again meet. If it is determined that a quorum of the City Council will meet again, the appointed Council Members shall serve in their position until such time as the Council Members map begin serving;. SECTION 3. Measure 1 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 1 The Amendment of the City Charter eliminating those provisions which are redundant of State Law or other sections of the Charter. FOR AGAINST Measure 2 and shall be placed on the ballot in the form of the following Proposition: PROPOSITION 2 The Amendment of the City Charter changing the number of Council Members from five (5) to seven (7). FOR I1 _ Measure 3 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 3 The Amendment of the City Charter changing the term of office of City Council members and the Mayor from two (2) years to three (3) years. FOR AGAINST Measure 4 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 4 The Amendment of the City Charter providing for prohibitions and forfeitures of office and creating a due process procedure. FOR AGAINST Measure 5 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 5 The Amendment of the City Charter revising the City's financial procedures. FOR AGAINST Measure 6 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 6 The Amendment of the City Charter to provide that elections are to be conducted pursuant to State law. FOR AGAINST Measure 7 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 7 The Amendment of the City Charter to provide that initiative and Referendum petitions must be signed by fifteen (15) percent of the number of voters registered to vote at the last general City election and that recall petitions must be signed by qualified voters of the City equal in number to at least twenty (20) percent of the number of voters registered to vote at the last general City election. FOR AGAINST Measure 8 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 8 The Amendment of the City Charter to provide a process for disannexation of City property as required by State law. FOR AGAINST Measure 9 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 9 The Amendment of the City Charter clarifying that the Mayor is the official signatory for official documents unless otherwise designated by Council. FOR AGAINST Measure 10 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 10 The Amendment of the City Charter deleting the requirement for the City Council to appoint Assistant City Managers. FOR AGAINST Measure 11 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 11 The Amendment of the City Charter authorizing the City Manager or a designee to attend all City Council meetings. •: AGAINST Measure 12 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 12 The Amendment of the City Charter revising the process for adopting operational and personnel policies. FOR AGAINST Measure 13 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 13 The Amendment of the City Charter authorizing the City Secretary to hire and supervise deputy city secretaries. FOR AGAINST Measure 14 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 14 The Amendment of the City Charter deleting the section requiring the creation of a planning and zoning commission as repetitive of State law. FOR AGAINST Measure 15 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 15 The Amendment of the City Charter to provide a process for amending or repealing an ordinance adopted as a result of a petition by the voters. FOR AGAINST Measure 16 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 16 The Amendment of the City Charter prohibiting city officials and city council members from violating the State law on conflicts of interest. FOR AGAINST Measure 17 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 17 The Amendment of the City Charter to require the Charter Review Commission to consist of no less than 5 and not more than 11 citizens of the City. FOR AGAINST Measure 18 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 18 The Amendment of the City Charter to provide the term of office of the Charter Review Commission shall be 180 days after the date of the first meeting with the first meeting to occur within forty -five (45) days of the date of appointment. FOR AGAINST Measure 19 shall be placed on the ballot in the form of the following Proposition: PROPOSITION 19 The Amendment of the City Charter to provide a process for reconstituting the City Council if required after a common disaster. FOR AGAINST SECTION 4. 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 may be used for early voting and election day voting by personal appearance. Certain early voting may be conducted by mail. The Election Administrators shall also utilize a Central Counting Station (the "Station ") as provided by Section 127.001, et seq., as amended, Texas Election Code. Jacquelyn Callanen, the Elections Administrator for Bexar County and Lisa Adam, the Elections Administrator of Guadalupe, have been appointed as the Managers and Presiding Judges of the Station, and they 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 will appoint the Tabulation Supervisor, who will also serve as the Programmer for the Station. Lastly, the Election Administrators 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 5. 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 63 days prior to the scheduled election date, the Council, in coordination with the Elections Administrator, will identify 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 at the precinct locations listed on Exhibit A as prescribed by applicable law, and, on the day of the election, the polls shall be open from 7:00 a.m. to 7:00 p.m. The Bexar County Elections Office, 203 W. Nueva St #300, San Antonio, Texas 78207 and Guadalupe County Elections Office, 1101 Elbel Road, Schertz, Texas 78154, are hereby designated as the main early voting places at which early voting shall be conducted. Lisa Adam, the Elections Administrator (whose mailing address is Post Office Box 1346, Seguin, Texas 78156), and Jacquelyn Callanen Elections Administrator (whose mailing address is 203 W. Nueva Ste #300, San Antonio, Texas 78207 are hereby appointed as the Early Voting Clerks 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 on the dates and at the times, and at the locations, identified in Exhibit A. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. Jacquelyn Callanen and Lisa Adam, the Elections Administrators of Bexar and Guadalupe County, will appoint 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 6. All resident qualified voters of the City shall be permitted to vote at any one of the early voting locations, and, on the day of the election, such voters shall vote at any one 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, 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 7. The anticipated fiscal impact of conducting the election and implementing modifications, if any, to the Charter which may be approved by the voters in such election is currently estimated to be $38,000. SECTION 8. 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, (a) not more than thirty (30) days, and not less than ten (10) days prior to the day of the election, and (b) on the same day in each of two successive weeks with the first publication occurring not less than fourteen (14) full days prior to the day of the election. SECTION 9. The Council authorizes the City Manager or his designee to negotiate and enter into a joint election agreement and a contract to conduct the election with the Elections Administrator in accordance with the provisions of the Texas Election Code. SECTION 10. 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 11. 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 12. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 13. 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 City 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 14. 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 15. This Ordinance shall be in force and effect from and after its final passage and any publication required by law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF1PTZ, TEXAS, THAT THIS ORDINANCE WAS PASSED on first reading, this the r day of July, 2015. SSED, APPROVED, AND ADOPTED on second and final reading, this the day o , 2015. U CITY OF SCHERTZ, TEXAS R. Carpenter, Mayor ATTEST: C? enda Dennis, City Secretary (CITY SEAL) EXHIBIT A ELECTION PRECINCTS AND ELECTION DAY POLLING LOCATIONS FOR COMAL AND GUADALUPE COUNTIES Election Day: Tuesday, November 3, 2015 Election Day Polling Locations open from 7:00 a.m. to 7:00 p.m. COMAL COUNTY: Ray 202 John Paul II Catholic High School, 6720 FM 482, New Braunfels, Texas 301 Westside Community Center, 2932 So. IH 35, New Braunfels, Texas GUADALUPE COUNTY: Ray Corbett Drive, Schertz, Texas 303 Schertz Elections Office, 1101 Elbel Rd., Schertz, Texas 304 Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz, Texas 305 Selma City Hall, 9375 Corporate Dr., Selma, Texas 306 Crosspoint Fellowship Church, 2600 Roy Richard Drive, Schertz, Texas 401 Immaculate Conception Catholic Church, 212 N. Barnett St., Marion, Texas 402 Schertz Community Center, 1400 Schertz Parkway, Schertz, Texas 403 Knights of Columbus Hall, 509 Schertz Pkwy., Schertz, Texas 404 Schertz Community Center North, 3501 Morning Dr., Cibolo, Texas 409 Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo, Texas ELECTION PRECINCTS AND ELECTION DAY POLLING LOCATIONS FOR BEXAR COUNTY Election Day: Tuesday, November 3, 2015 Election Day Polling Locations open from 7:00 a.m. to 7:00 p.m. 4087 Ray D. Corbett Junior High School, 12000 Ray Corbett Drive, Schertz, Texas 4126 Ray D. Corbett Junior High School, 12000 Ray Corbett Drive, Schertz, Texas 4127 Ray D. Corbett Junior High School, 12000 Ray Corbett Drive, Schertz, Texas [The remainder of this page intentionally left blank.] 10,14,911,13 1899 MAIN AND PERMANENT BRANCH POLLING PLACES, DATES, AND TIMES IN COMAL AND GUADALUPE COUNTIES Early voting begins Monday, October 19, 2015 and ends on Friday, October 30, 2015 Early Voting Clerk: Early Voting Clerk's address Lisa Adam P.O. Box 1346 Seguin, Texas 78156 -1346 Presiding Judge of the Early Voting Ballot Board: Lisa Adam Location, Dates & Hours of Main Early Voting Polling Place in Comal and Guadalupe Counties Seguin Elections Office 215 So. Milam Street Seguin, Texas Dates Times Monday, October 19, 2015 through Friday, October 23, 2015 8:00 a.m. to 5:00 p.m. Saturday, October 24, 2015 7:00 a.m. to 7:00 p.m. Sunday, October 25, 2015 1:00 p.m. to 6:00 p.m. Monday, October 26, 2015 through Friday, October 30, 2015 7:00 a.m. to 7:00 p.m. Any voter who is entitled to vote an early ballot by personal appearance may do so at the Main Early Voting Site. Locations, Dates & Hours of Permanent Branch Early Voting Polling Places in Comal and Guadalupe Counties Grace Memorial Church 3240 FM725, New Braunfels, Texas Central Texas Technology Center Room 118 Conference Room, 2189 FM 758, New Braunfels, Texas Schertz Elections Office Annex 1101 Elbel Rd. Schertz, Texas New Berlin City Hall 9180 FM 775, New Berlin, Texas Dates Times Monday, October 19, 2015 through Friday, October 23, 2015 8:00 a.m. to 5:00 p.m. Saturday, October 24, 2015 7:00 a.m. to 7:00 p.m. Sunday, October 25, 2015 1:00 p.m. to 6:00 p.m. Monday, October 26, 2015 through Friday, October 30, 2015 7:00 a.m. to 7:00 p.m. [The remainder of this page intentionally left blank.] MAIN AND PERMANENT BRANCH POLLING PLACES, DATES, AND TIMES IN BEXAR COUNTY Early voting begins Monday, October 19, 2015 and ends on Friday, October 30, 2015 Early Voting Clerk: Early Voting Clerk's address: Jacquelyn F. Callanen 1103 S. Frio, Suite 100 San Antonio, Texas 78207 -6328 Presiding Judge of the Early Voting Ballot Board: Jacquelyn F. Callanen Location, Dates & Hours of Main Early Voting Polling Place in Bexar County Bexar County Elections Department 1103 S. Frio, Suite 100 San Antonio, Texas Dates Times Monday, October 19, 2015 through Friday, October 23, 2015 8:00 a.m. to 6:00 p.m. Saturday, October 24, 2015 10:00 a.m. to 6:00 p.m. Sunday, October 25, 2015 12:00 noon to 6:00 p.m. Monday, October 26, 2015 through Wednesday, October 28, 2015 8:00 a.m. to 6:00 p.m. Thursday, October 29, 2015 through Friday, October 30, 2015 8:00 a.m. to 8:00 p.m. Any voter who is entitled to vote an early ballot by personal appearance may do so at the Main Early Voting Site. [The remainder of this page intentionally left blank.] Locations, Dates & Hours of Permanent Branch Early Voting Polling Places in Bexar County Bexar County Justice Center*** Blossom Athletic Center Brookhollow Library Castle Hills City Hall (southeast corner of Council Chambers) Claude Black Center Cody Library Converse City Hall Copernicus Community Center East Central Independent School District Admin Building Encino Branch Library Fair Oaks Ranch City Hall (Council Chambers) Great Northwest Library 300 Dolorosa 12002 Jones Maltsberger 530 Heimer Road 209 Lemonwood Dr. 2805 East Commerce 11441 Vance Jackson 405 S. Seguin Rd 5003 Lord Rd. 6634 New Sulphur Springs Road 2512 East Evans Rd 7286 Dietz Elkhorn 9050 Wellwood Helotes City Hall 12951 Bandera Rd. Henry A. Guerra, Jr. Library 7978 W Military Drive John Igo Library 13330 Kyle Seale Parkway Johnston Library 6307 Sun Valley Drive Julia Yates Semmes Library @ Comanche Lookout Park 15060 Judson Road Las Palmas Library Leon Valley Library Lion's Field Maury Maverick, Jr. Library McCreless Library Memorial Library Mission Library Northside Activity Center Olmos City Hall Parman Library @ Stone Oak Precinct 1 Satellite Office Shavano Park City Hall (Council Chambers) Somerset High School South Park Mall Tobin Library @ Oakwell Universal City — City Hall Windcrest Takas Park Civic Center Wonderland Mall Of The Americas @ Crossroads 515 Castroville Road 6421 Evers Rd 2809 Broadway 8700 Mystic Park 1023 Ada Street 3222 Culebra 3134 Roosevelt Ave. 7001 Culebra 120 El Prado W 20735 Wilderness Oak 3505 Pleasanton Rd. 900 Saddletree Ct 7650 South 1604 West, Somerset 2310 S.W. Military 4134 Harry Wurzbach 2150 Universal City Blvd. 9310 Jim Seal Dr. 4522 Fredericksburg Dates Monday, October 19, 2015 through Friday, October 23, 2015 Saturday, October 24, 2015 Sunday, October 25, 2015 Monday, October 26, 2015 through Wednesday, October 28, 2015 Thursday, October 29, 2015 through Friday, October 30, 2015 * * * Early voting will not be conducted on Saturday or Sunday or after 6:00 pm on weekdays at the Bexar County Courthouse. Times 8:00 a.m. to 6:00 p.m. 10:00 a.m. to 6:00 p.m. 12:00 noon to 6:00 p.m. 8:00 a.m. to 6:00 p.m. 8:00 a.m. to 8:00 p.m. EARLY VOTING BY MAIL: Applications for voting by mail should be mailed to be received no earlier than Friday, September 4, 2015 and no later than the close of business (4:30 p.m.) on Friday, October 23, 2015. Applications should be mailed to: Comal and Guadalupe Counties Lisa Adam Elections Administrator P.O. Box 1346 Seguin, Texas 78156 -1346 Bexar County Jacquelyn F. Callanen, Election Administrator 1103 S. Frio, Suite 100 San Antonio, Texas 78207 -6328