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23-R-123 Canvassing the November 7, 2023 General ElectionRESOLUTION 23-R-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING THE CANVASS OF THE NOVEMBER 7. 2023 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 7th day of November 2023 to elect a Councilmember Place 3, Councilmember Place 4 and Councilmember Place 5 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 7' day of November 2023, for the purpose of electing one Councilmembers for Place 3, Place 4 and Place 5; and 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 7, 2023, 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 Councilmembers for Place 3 Place 4 and Place 5 in the General Election held on November 7, 2023, 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 % City Council Place 3 Paul Macaluso 103 27 1126 116 29 802 2203 64.10% Tyrone Taylor 140 35 444 151 24 440 1234 35.90% City Council Place 4 Danielle Craig 29 8 278 33 6 238 592 17.75% Robert C. Marks. Jr. 32 25 186 38 13 157 451 13.52% Michael Armstrong 47 19 348 52 13 274 753 22.57% Tiffany M.Gibson 138 10 721 125 20 526 1540 46.16% City Council Place 5 Paul J. Kendzior 63 51 549 97 30 398 1188 34.69% Robert Westbrook 170 15 1040 151 25 836 2237 65.31% Total Votes Cast 722 190 4692 763 160 3671 10,198 Early Voting: 5604 Election Day: 4594 Total Votes Cast 10,198 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 5,604 by personal appearance and absentee, and 4594 votes were cast on Election Day. The total number of votes cast in this election was 10,198 Section 5. The City Council finds that the results of the general election as set forth above reflect that Mr. Paul Macaluso is hereby declared elected to the Ofice of the Councilmember Place 3 and Mr. Robert Westbrook is hereby declared elected to the Office of the Councilmember of Place 5. Section 6. The canvass and tabulations of votes cast at the November 7, 2023, election reflects that no candidate for Place 4 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 Councilmember Place 4 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 S. 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 20th day of November 2023. Page 2 Exhibit B December 9, 2023 City of Schertz Runoff Election Notice is hereby given that the polling places listed below will be open from 7:00 a.m. to 7:00 p.m., December 9, 2023, for voting in the runoff election to a Councilmember for Place 4. (Por la presente se notifica que los lugares de elecc16n que se enumeran a continuaci6n estaran abiertos de 7:00 a.m a las 7:00 p.m. el 9 de diciembre de 2023, para votar en la elecci6n desempate (de segunda vuelta) para un Concejal para el Lugar 4.) Election Day Location for the City of Schertz December 9th, 2023 Runoff Election (Lugar del dia de las elecciones para la Ciudad de Schertz 9 de diciembre de 2023 eleccion de segunda vuelta) Polls open 7:00 a.m. — 7:00 p.m. (Las urnas abren de 7: 00 a.m. a 7: 00 p.m) City of Schertz Election Day Location Schertz Community Center 1400 Schertz Parkway Schertz, Texas 78154 Bexar, Comal & Guadalupe County Voters (Votantes de los Condados de Bexar, Comal y Guadalupe) Early Voting (votaci6n anticipada) Locations of Early Voting Polling Places: Early voting by personal appearance will be conducted as listed below: (Ubicaciones de los lugares de votaci6n anticipada: La votaci6n anticipada en persona se llevara a cabo como se indica a continuaci6n:) Early Voting Dates and Hours (fechas y horas de votaci6n anticipada) Monday, November 27" through Friday, December 1st, 2023........... 8:00 a.m. to 5:00 p.m. Lunes, 27de noviembre 2023 hasta el Viernes,1 de diciembre de 2023... ........ 8: 00 a.m. — 5: 00 p.m. Monday, December 4, 2023 and Tuesday, December 5, 2023....................8:00 a.m. to 5:00 p.m. Luizes, 4 de diciembre de 2023 y el martes, 5 de diciembre de 2023 ... ... ............. 8: 00 a.m. — 5: 00 p. m. Early Voting Branch Location (Ubicaci6n de la sucursal de votaci6n anticipada) Schertz Community Center 1400 Schertz Parkway Schertz, Texas 78154 Early Voting Branch Location (Ubicaci6n de la sucursal de votacion anticipada) Guadalupe County Elections Office (Oficina de Elecciones del Condado de Guadalupe) 215 S. Milam St., Seguin, TX 78155 Phone (Telefono) - 830-303-6363 Applications for ballots by mail shall be mailed to: (Las solicitudes de boletas de votacion por correo se enviaran a:) Guadalupe County Early Voting Clerk, Lisa Hayes Secretaria del Condado de Guadalupe, Lisa Hayes P.O. Box 1346 Seguin, Texas 78156-1346 Email (correo elctr6nico): Website ((sitio web): Applications for ballots by mail must be received no later than the close of business on Friday, November 24, 2023. (Las solicitudes de boletas por correo deben recibirse no mas tarde del cierre de operaciones del viernes 24 de noviembre de 2023.)