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23-R-06 Canvassing the January 3, 2023 ElectionRESOLUTION NO. 23-R-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE RUNOFF ELECTION ON JANUARY 3, 2023, AND DECLARING THE RESULTS OF SUCH ELECTION. WHEREAS, a Runoff Election were held in the City of Schertz, Texas (the "City"), on the 3rd day of January 2023 to elect a M a y o r a n d Councilmember for 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 Runoff Election held on the 3 rd day of January 2023, for the purpose of electing one (1) Mayor and Councilmember for Place 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: Section 1: That the Runoff Election of the City of Schertz, Texas held January 3, 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 (1) Mayor and Councilmember Place 2 in the Runoff Election held on January 3rd, 2023, is hereby adopted as the official tabulation filed and recorded in the official records of the City of Schertz as the official canvass of the Runoff Election. The official canvass of the returns show reflects the following results: Runoff Election Results -January 3, 2023 Early Voting Election Day Absentee Total Votes Cast Vote % Mayor Ralph Gutierrez 904 393 279 1576 61.35% Cedric Edwards 542 275 176 993 38.65% Total Votes Cast 1446 668 455 2569 100% Citâ–º Council Place 2 Michelle Watson 768 363 252 1383 57.24% Tiffanv Gibson 584 259 190 1033 42.76% Total Votes Cast 1352 622 442 2416 1 100% Section 3. The total of votes cast during early voting was 2,798 and the total votes cast on election day was 1,290. Section 4. Ralph Gutierrez is hereby declared elected to the Office of Mayor and Michelle Watson is hereby declared elected to the Office of Councilmember Place 2. Section 5. 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 6. 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 7.. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 8. 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 9. 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 10. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED, APPROVED AND ADOPTED this 17' day of January 2023. City of S hertz R ;uti z, Mayor ATTE D Sheila Edmon -o , n m City Secretary Page 2