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22-R-134 Canvassing the Nov. 8, 2022 General ElectionRESOLUTION NO. 22-R-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING THE CANVASS OF THE NOVEMBER 8. 2022 GENERAL ELECTION AND DECLARING THE RESULTS OF SUCH ELECTION WHEREAS, a General Election were held in the City of Schertz, Texas (the "City"), on the 8th day of November 2022 to elect a M a y o r a n d Councilmembers for Place 1 and Place 2 for a three-year term; and WHEREAS, said elections were duly and legally held in conformity with the applicable election laws of the State of Texas ("Texas"); and WHEREAS, the Election Administrator has provided to the City, as required by applicable Texas law, the election results, as tabulated by the Election Administrator; and WHEREAS, there came to be considered the returns of the general election held on the 8t' day of November 2022, for the purpose of electing one (1) Mayor and Councilmembers for Place 1 and Place 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: Section 1: That the General Election of the City of Schertz, Texas held November 8, 2022, was duly called, that notice of such election was given, and that such election was held in accordance with law. Section 2: That the tabulation of votes cast to elect one (1) Mayor and Councilmembers for Place 1 and Place 2 in the General Election held on November 8, 2022, as shown in the official canvass of the returns of said general election shown below reflects the following results: Early Voting Election Day Bexar Comal Guadalupe Bexar Comal Guadalupe Total Votes Cast Vote % Mayor Robert C. Marks, Jr. 284 92 1 1,418 134 49 648 2,625 20.68% Ralph Gutierrez 561 115 4,043 200 51 1,337 6,307 49.69% Cedric Edwards 489 90 2,206 153 30 793 3,761 29.63% City Council Placel Mark Davis -Unopposed 993 272 6,049 356 120 2,227 10,017 100% City Council Place 2 Michelle Watson 448 96 2,989 163 47 1,100 4,843 43.08% Tiffany M. Gibson 654 74 2,539 210 51 896 4,424 39.35% Paul J. Kendzior 129 109 1,230 58 26 424 1,976 17.58% Total Votes Cast 3,558 848 20,474 1,274 Election Day: 374 7,425 33,953 Early Voting: 24,880 9,073 Section 3. The City Council finds that the results of the general election as set forth above reflect the reported votes, and the canvass of votes is hereby approved. Section 4. The total of votes cast during early voting was 24,880 by personal appearance and absentee, and 9,073 votes were cast on Election Day. The total number of votes cast in this election was 33,953. Section 5. Mark E. Davis - Is hereby declared elected to the Office of Councilmember Place 1. Section 6. The canvass and tabulations of votes cast at the November 8, 2022, election reflects that no candidate for Mayor or Council Member Place 2 received sufficient votes to be elected to the city council. It is necessary in conformity with the City Charter and the Texas Election Code, as amended, to call a runoff election for the purpose of voting upon candidates to fill the Mayor's position and Councilmember Place 2 on the City Council. Section 7. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 8. 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 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 10. If any provision of this 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 11. 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 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED, APPROVED AND ADOPTED this 22nd day of November 2022. City of iertz p Gutie ez, Mayor AT ST: 7 Sheila Edmonds n, Interim City Secretary Page 2