15-R-105 Canvass November 3, 2015, General and CharterRESOLUTION OF THE CITY COUNCIL OF
SCHERTZ, TEXAS, APPROVING THE CANVASS OF THE NOVEMBER
3, 2015 GENERAL AND .•
V'ROPOSITIONS ELECTION " D DECLARING i RESULTS
SUCH ELECTION
WHEREAS, on July 28, 2015, the City Council of the City of Schertz, Texas ordered a general
election for the purpose of electing Councilmembers in Places 3, 4 and 5 as well as ordered a
special charter amendment election; and
WHEREAS, the City Council has reviewed and investigated all matters pertaining to this
election, including the ordering, notices, election officers, holding, and returns thereof, and
WHEREAS, said elections were duly and legally held in conformity with the applicable
election laws of the State of Texas ( "Texas "); and
WHEREAS, AS, the administrators of the election have provided to the City, as required by
applicable Texas law, the election results, as tabulated by the administrators on the night of the
election; and
WHEREAS, in accordance with applicable Texas law, Mayor Carpenter and the City Council
duly canvassed the results of the election on this the 16th day of November, 2015; and
WHEREAS, the City Council hereby canvasses the returns of this election, at which there were
submitted to all resident, qualified electors of the City of their action thereupon, the following:
City Councilmembers for places 3, 4 & 5, for a two year term ending flovember 2017,
which included:
PLACE 3: Rosemary Scott
Daryl John
PLACE 4: Cedric Edwards
Don E. Taylor
PLACE 5: Robin Thompson
Bert Crawford
And submitted the following City Charter Propositions:
Proposition
Description
I j
"The Amendment of the City Charter eliminating those provisions
Page 2
which are redundant of State Law or other sections of the
Charter."
2
"The Amendment of the City Charter changing the number of
Council Members from five (5) to seven (7)."
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."
4
"The Amendment of the City Charter providing for prohibitions
and forfeitures of office and creating a due process procedure."
5
"The Amendment of the City Charter revising the City's financial
procedures."
6
"The Amendment of the City Charter to provide that elections are
to be conducted pursuant to State law."
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."
8
"The Amendment of the City Charter to provide a process for
disannexation of City property as required by State law."
9
"The Amendment of the City Char-ter clarifying that the Mayor is
the official signatory for official documents unless otherwise
designated by Council."
10
"The Amendment of the City Charter deleting the requirement for
the City Council to appoint Assistant City Managers."
11
"The Amendment of the City Charter authorizing the City
Manager or a designee to attend all City Council meetings."
12
"The Amendment of the City Charter revising the process for
adopting operational and personnel policies. "
13
"The Amendment of the City Charter authorizing the City
Secretary to hire and supervise deputy city secretaries."
14
"The Amendment of the City Charter deleting the section
requiring the creation of a planning and zoning commission as
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
WHEREAS; from these returns, City Council hereby finds that the following votes were cast in
the election by voters who were resident, qualified electors of the City:
Place 3
Rosemary Scott
Daryl John
Place 4
Cedric Edwards
Don E. Taylor
Place 5
Robin Thompson
Bert Crawford
repetitive of State law."
15
"The Amendment of the City Charter to provide a process for
Bexar
amending or repealing an ordinance adopted as a result of a
County
petition by the voters."
16
"The Amendment of the City Charter prohibiting city officials and
ED
city council members from violating the State law on conflicts of
30
interest."
17
"The Amendment of the City Charter to require the Charter
19
Review Commission to consist of no less than 5 and not more than
42
11 citizens of the City."
18
"The Amendment of the City Charter to provide the term of office
17
of the Charter Review Commission shall be 180 days after the date
41
of the first meeting with the first meeting to occur within forty -
815
five (45) days of the date of appointment."
19
"The Amendment of the City Charter to provide a process for
reconstituting the City Council if required after a common
disaster."
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
WHEREAS; from these returns, City Council hereby finds that the following votes were cast in
the election by voters who were resident, qualified electors of the City:
Place 3
Rosemary Scott
Daryl John
Place 4
Cedric Edwards
Don E. Taylor
Place 5
Robin Thompson
Bert Crawford
Comal /Guadalupe
County
ED
484
549
653
408
628
418
Total
Votes
1170
1326
1605
979
1504
1050
Page 3
SECTION I
Bexar
Bexar
Comal /Guadalupe
County
County
County EV
EV
ED
30
25
631
39
19
719
42
27
883
26
17
528
41
20
815
26
24
582
Comal /Guadalupe
County
ED
484
549
653
408
628
418
Total
Votes
1170
1326
1605
979
1504
1050
Page 3
CITY CHARTER PROPOSITIONS
PROPOSITION 1
"The Amendment of the City Charter eliminating those provisions which are redundant of State
Law or other sections of the Charter."
PROPOSITION 2
"The Amendment of the City Charter changing the number of Council Members from five (5) to
seven (7)."
FOR
AGAINST
Early Votes Bexar
61
12
Early Votes
Comal /Guadalupe
1348
127
Election Day
Bexar
50
0
Election Day
Comal /Guadalupe
1074
102
TOTAL
2533
241
PROPOSITION 2
"The Amendment of the City Charter changing the number of Council Members from five (5) to
seven (7)."
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
Early Votes Bexar
51
22
Early Votes
Comal /Guadalupe
1091
426
Election Day
Bexar
41
9
Election Day
Comal /Guadalupe
877
330
TOTAL
2060
787
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."
Page 4
FOR
AGAINST
Early Votes Bexar
45
29
Early Votes
Comal /Guadalupe
962
569
Election Day
Bexar
33
17
Election Day
Comal /Guadalupe
714
499
Page 4
TOTAL 1754 1114
PROPOSITION 4
"The Amendment of the City Charter providing for prohibitions and forfeitures of office and
creating a due process procedure."
PROPOSITION 5
"The Amendment of the City Charter revising the City's financial procedures."
FOR
AGAINST
Early Votes Bexar
62
9
Early Votes
Comal /Guadalupe
1278
201
Election Day
Bexar
45
5
Election Day
Comal /Guadalupe
1020
135
TOTAL
2405
350
PROPOSITION 5
"The Amendment of the City Charter revising the City's financial procedures."
PROPOSITION 6
"The Amendment of the City Charter to provide that elections are to be conducted pursuant to
State law."
FOR
AGAINST
Early Votes Bexar
55
15
Early Votes
Comal /Guadalupe
1149
304
Election Day
Bexar
44
6
Election Day
Comal /Guadalupe
887
242
TOTAL
2135
567
PROPOSITION 6
"The Amendment of the City Charter to provide that elections are to be conducted pursuant to
State law."
Page 5
FOR
AGAINST
Early Votes Bexar
66
5
Early Votes
Comal /Guadalupe
1426
81
Election Day
Bexar
49
1
Election Day
Comal /Guadalupe
1132
63
Page 5
TOTAL 2673 150
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."
PROPOSITION 8
"The Amendment of the City Charter to provide a process for disannexation of City property as
required by State law."
FOR
AGAINST
Early Votes Bexar
55
16
Early Votes
Comal /Guadalupe
1247
231
Election Day
Bexar
46
3
Election Day
Comal /Guadalupe
982
182
TOTAL
2330
432
PROPOSITION 8
"The Amendment of the City Charter to provide a process for disannexation of City property as
required by State law."
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
Early Votes Bexar j 62 10
Page 6
FOR
AGAINST
Early Votes Bexar
61
11
Early Votes
Comal /Guadalupe
1278
191
Election Day
Bexar
48
2
Election Day
Comal /Guadalupe
1017
145
TOTAL
2404
349
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
Early Votes Bexar j 62 10
Page 6
Early Votes
1361
136
Comal /Guadalupe
44
27
Election Day
49
1
Bexar
38
12
Election Day
1058
118
Comal /Guadalupe
1785
983
TOTAL
2530
265
PROPOSITION 10
"The Amendment of the City Charter deleting the requirement for the City Council to appoint
Assistant City Managers."
PROPOSITION 11
"The Amendment of the City Charter authorizing the City Manager or a designee to attend all City
Council meetings."
FOR
AGAINST
Early Votes Bexar
44
27
Early Votes
Comal /Guadalupe
980
506
Election Day
Bexar
38
12
Election Day
Comal /Guadalupe
723
438
TOTAL
1785
983
PROPOSITION 11
"The Amendment of the City Charter authorizing the City Manager or a designee to attend all City
Council meetings."
PROPOSITION 12
"The Amendment of the City Charter revising the process for adopting operational and personnel
policies."
Page 7
FOR
AGAINST
Early Votes Bexar
64
8
Early Votes
Comal /Guadalupe
1352
157
Election Day
Bexar
47
3
Election Day
Comal /Guadalupe
1056
131
TOTAL
2519
299
PROPOSITION 12
"The Amendment of the City Charter revising the process for adopting operational and personnel
policies."
Page 7
PROPOSITION 13
"The Amendment of the City Charter authorizing the City Secretary to hire and supervise deputy
city secretaries."
FOR
AGAINST
Early Votes Bexar
57
12
Early Votes
Comal /Guadalupe
1183
251
Election Day
Bexar
44
5
Election Day
Comal /Guadalupe
921
205
TOTAL
2205
473
PROPOSITION 13
"The Amendment of the City Charter authorizing the City Secretary to hire and supervise deputy
city secretaries."
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
Early Votes Bexar
47
23
Early Votes
Comal /Guadalupe
1045
428
Election Day
Bexar
43
6
Election Day
Comal /Guadalupe
835
321
TOTAL
1970
778
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."
Page 8
FOR
AGAINST
Early Votes Bexar
49
19
Early Votes
Comal /Guadalupe
1159
297
Election Day
Bexar
43
7
Election Day
Comal /Guadalupe
884
277
TOTAL
2135
600
Page 8
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."
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
Early Votes Bexar
55
18
Early Votes
Comal /Guadalupe
1102
350
Election Day
Bexar
43
7
Election Day
Comal /Guadalupe
870
281
TOTAL
1
2070
656
PROPOSITION 16
"The Amendment of the City Charter prohibiting city officials and city council members from
violating the State law on conflicts of interest."
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
Early Votes Bexar
65
9
Early Votes
Comal /Guadalupe
1359
122
Election Day
Bexar
49
1
Election Day
Comal /Guadalupe
1102
78
TOTAL
2575
210
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."
Page 9
FOR
AGAINST
Early Votes Bexar
63
8
Early Votes
Comal /Guadalupe
1356
106
Election Day
Bexar
44
4
Page 9
Election Day 1048 95
Comal/Guadalupe
TOTAL 2511 213
PROPOSITION IS
"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."
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
Early Votes Bexar
63
6
Early Votes
Comal/Guadalupe
1308
121
Election Day
Bexar
47
2
Election Day
Comal/Guadalupe
1021
86
TOTAL
2439
215
PROPOSITION 19
"The Amendment of the City Charter to provide a process for reconstituting the City Council if
required after a common disaster."
UMMIUMI
WHERFAS; the City Council has diligently inquired into the poll lists and the official election returns
which were duly and lawfully made to this City Council by the judges and clerks holding and conducting
the election; the poll lists and the official election returns showing separately the votes cast in the election
and;
Page 10
FOR
AGAINST
Early Votes Bexar
62
9
Early Votes
Comal/Guadalupe
1373
97
Election Day
Bexar
49
1
Election Day
Comal/Guadalupe
1087
68
TOTAL
2571
175
UMMIUMI
WHERFAS; the City Council has diligently inquired into the poll lists and the official election returns
which were duly and lawfully made to this City Council by the judges and clerks holding and conducting
the election; the poll lists and the official election returns showing separately the votes cast in the election
and;
Page 10
0,01103012,11
Daryl John Is hereby declared elected to the
Office of Councilmember Place 3.
Cedric Edwards Is hereby declared elected to the
Office of Councilmember Place 4.
Robin Thompson Is hereby declared elected to the
Office of Councilmember Place 5
WHEREAS; from these returns, City Council hereby finds that the following votes were cast in
the election by voters who were resident, qualified electors of the City for the City Charter Propositions as
follows:
Prop.
Description
Passed or
Failed
I
"The Amendment of the City Charter eliminating those provisions
Pass
which are redundant of State Law or other sections of the Charter."
2
"The Amendment of the City Charter changing the number of
Pass
Council Members from five (5) to seven (7)."
3
"The Amendment of the City Charter changing the term of office of
Pass
City Council members and the Mayor from two (2) years to three (3)
years."
4
"The Amendment of the City Charter providing for prohibitions and
Pass
forfeitures of office and creating a due process procedure."
5
"The Amendment of the City Charter revising the City's financial
Pass
procedures."
6
"The Amendment of the City Charter to provide that elections are to
Pass
be conducted pursuant to State law."
7
"The Amendment of the City Charter to provide that initiative and
Pass
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."
8
"The Amendment of the City Charter to provide a process for
Pass
Page 11
Page 12
disannexation of City property as required by State law."
9
"The Amendment of the City Charter clarifying that the Mayor is
Pass
the official signatory for official documents unless otherwise
designated by Council."
10
"The Amendment of the City Charter deleting the requirement for
Pass
the City Council to appoint Assistant City Managers."
11
"The Amendment of the City Charter authorizing the City Manager
Pass
or a designee to attend all City Council meetings."
12
"The Amendment of the City Charter revising the process for
Pass
adopting operational and personnel policies. "
13
"The Amendment of the City Charter authorizing the City Secretary
Pass
to hire and supervise deputy city secretaries."
14
"The Amendment of the City Charter deleting the section requiring
Pass
the creation of a planning and zoning commission as repetitive of
State law."
15
"The Amendment of the City Charter to provide a process for
Pass
amending or repealing an ordinance adopted as a result of a petition
by the voters."
16
"The Amendment of the City Charter prohibiting city officials and
Pass
city council members from violating the State law on conflicts of
interest."
17
"The Amendment of the City Charter to require the Charter Review
Pass
Commission to consist of no less than 5 and not more than 11
citizens of the City."
18
"The Amendment of the City Charter to provide the term of office
Pass
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."
19
"The Amendment of the City Charter to provide a process for
Pass
reconstituting the City Council if required after a common disaster."
Page 12
SECTION V
WHEREAS; The City Council finds that the results of the general and special charter
amendments election as set forth above reflect the reported votes, and the canvass of votes is
hereby approved.
SECTION II
WHEREAS; the total of votes cast during early voting was 1605 by personal appearance, and
1264 votes were cast on Election Day. The total number of votes cast in this election was 2869
NOW, THEREFORE, IT IS ACCORDINGLY FOUND, DECLARED, AND RESOLVED
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT:
SECTION 1: The City Council of the City officially finds, determines, and declares that
the election was duly and properly ordered, that proper legal notice of such election was duly
given in the English language and the Spanish Language, that proper election officers were duly
appointed prior to the election, that the election was duly and legally held, that all resident,
qualified electors of the City were permitted to vote at the election, that due returns of the results
of the election had been made and delivered, and that the City Council of the City has duly
canvassed such returns, all in accordance with the laws of the State of Texas and of the United
States of America and the ordinance calling the elections.
SECTION 2: A MAJORITY of the resident, qualified voters of the City of Schertz,
Texas, voting in such election, having voted FOR City Councilmembers for Places 3, 4 and 5.
SECTION 3: A MAJORITY of the resident, qualified voters of the City of Schertz,
Texas, voting in such election, having voted FOR the authorization of the City of Schertz
Charter Propositions lthrough 19.
SECTION 4: 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 purposed and are adopted as a
part of the judgment and findings of the City Council.
SECTION 5: All ordinances and 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 6: This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Page 13
SECTION 7: 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 8: 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 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, as amended, Texas Government Code.
SECTION 9: This Resolution shall be in force and effect from and after its final
passage and it is so resolved.
PASSED, APPROVED AND ADOPTED this 16th day of Nove, er, 2015.
7
Michael R. Carpenter, Mayor
Attest:
Brenda Dennis, City Secretary
Page 14