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25-R-101 Special Election of Schertz ETJ Annexation or Adopt Regulation of LandRESOLUTION 25-R-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AND ORDERING A SPECIAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF A SPECIFIC AREA PURSUANT TO SECTION 43.0117, TEXAS LOCAL GOVERNMENT CODE, THE QUESTION OF WHETHER SUCH AREA, AS SITUATED WITHIN THE CITY OF SCHERTZ EXTRATERRITORIAL JURISDICTION AND WITHIN FIVE MILES OF THE JOINT BASE SAN ANTONIO- RANDOLPH BOUNDARY, SHOULD BE ANNEXED INTO THE CITY, OR WHETHER THE CITY SHALL BE PROVIDED WITH THE AUTHORITY TO ADOPT AND ENFORCE AN ORDINANCE REGULATING THE LAND USE IN THE AREA IN THE MANNER RECOMMENDED BY THE MOST RECENT JOINT LAND USE STUDY, PROVIDING FOR CONDUCT AND NOTICE OF THE ELECTION; DESIGNATING NOVEMBER 4, 2025 AS THE DATE OF THE SPECIAL ELECTION; PRESCRIBING THE FORM OF THE BALLOT, DESIGNATING THE POLLING PLACE; PROVIDING FOR THE METHOD OF VOTING; PROVIDING FOR OTHER MATTERS RELATING TO SUCH CITY ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Schertz, Texas (sometimes the "City"), is a Home Rule Municipality acting under authority of its Charter and laws of the State of Texas; and WHEREAS, the City will be holding a general election on November 4, 2025; and WHEREAS, pursuant to Section 43.0117 of the Texas Local Government Code, a municipality may annex areas located within five miles of the boundary of a "military base," defined therein as a presently functioning federally owned or operated military installation or facility in which an active training program is conducted, and upon the result of a lawfully -called election in which a majority of the voters in the areas proposed for annexation vote in favor of said annexation; and WHEREAS, the annexation proposition must be stated to allow the voters of the area to be annexed to choose between either annexation for full or limited purposes, or providing the municipality with the authority to adopt and enforce an ordinance regulating the land use in the area in the manner recommended by the most recent joint land use study; and WHEREAS, the most recent joint land use study was completed in 2015; and WHEREAS, the special election would be held in conjunction with the general election on November 4, 2025; and WHEREAS, the City Council of the City of Schertz intends to annex the area, and finds that submitting such proposition and holding an election as provided therein, is in the best interests of the health, safety, and welfare of the City, and protects the mission of JBSA-Randolph; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. 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 Council. Section 2. A special election shall be held on Monday, November 4, 2025, in accordance with this Resolution and Order of Election, the City Charter, and State law. Section 3. The special election will provide for the question to be submitted to those certain voters of the area located in the City of Schertz ETJ and within the five -mile boundary of Joint Base San Antonio Randolph (JBSA- Randolph), and as more specifically listed and depicted in substantial form, subject to final approval by the applicable counties, in Exhibit A, to allow the voters of the area to choose between either full -purpose annexation, or to provide municipality with the authority to adopt and enforce an ordinance regulating the land use in the area in the manner recommended by the most recent joint land use study. Section 4. The Proposition shall be placed on the ballot as provided in substantial form as Exhibit B. Section 5. At the special election, the voters in the areas will consider Proposition A, wherein they may select Option 1 or Option 2. Leaving the ballot blank or voting for both Option 1 and 2 will result in authorization of Option 2. Option 1 would authorize the City of Schertz to annex for full -purpose annexation, certain areas in the city's extraterritorial jurisdiction within five miles of the boundary of the Joint Base San Antonio. If the voters select full purpose annexation, the following services would be provided immediately upon annexation. A) police protection; B) fire protection; C) emergency medical services; D) operation and maintenance of water and wastewater facilities in the annexed area; E) operation and maintenance of roads and streets, including road and street lighting; F) operation and maintenance of parks, playgrounds, and swimming pools; and G) operation and maintenance of any other publicly owned facility, building, or Service Option 2 would authorize the City of Schertz, instead of annexation of the area, to adopt and enforce an ordinance regulating the land use in the City's extraterritorial jurisdiction within five miles of the boundary of the Joint Base San Antonio Randolph in the manner recommended by the most recent joint land use study, for the purpose of protecting the military missions and including the authority to adopt and impose related fees. Section 6. If Proposition Option 1 is approved, the City shall initiate full -purpose annexation pursuant to Chapter 43 of the Texas Local Government Code in the area located within five miles of the boundary of Joint Base San Antonio -Randolph, more particularly described in Exhibit A. Section 7. The Proposition Option 1, if approved by a majority of the qualified voters of the proposed annexation areas in the ETJ of the City of Schertz, Texas, who vote in the November 4, 2025 election, is effective when the City Council enters an order stating an effective date of the Proposition Option 1. Section 8. As soon as practicable after the election and the declaration by the City Council that the Proposition Option 1 has been approved and adopted, the Mayor shall certify to the Secretary of State an authenticated copy of the Proposition Option 1, under the City's seal, showing the approval by the qualified voters of the proposed full -purpose annexation areas in the ETJ of the municipality. Section 9. Proposition Option 1, if disapproved by a majority of the resident qualified voters of the proposed annexation area automatically approves Option 2, which authorizes the City to adopt and enforce ordinances regulating land use in the manner recommended by the most recent Joint Land Use Study, and the authority to impose fees, fines and other charges related to the enforcement of the land use regulations. The effective date and certification shall be provided as set forth in Section 7 and 8 above. Section 10. The City of Schertz will conduct two public hearings, to be held on September 2, 2025 and on September 16, 2025 to consider ordering a Special Election for the submission to the qualified voters of a specific area pursuant to Section 43.0017, Texas Local Government Code, the question whether such area, as situated within the City of Schertz Extraterritorial Jurisdiction and within a five -miles of a Joint Base San Antonio -Randolph Boundary, should be annexed into the city or whether the city shall be provided with the authority to adopt and enforce an ordinance regulating the land use in the area in the manner recommended by the most recent Joint Land Use Study (JLUS). Section 11. 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. Michele Carew, the Elections Administrator for Bexar County has been appointed as the Manager and Presiding Judge of the Station and 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 Administrator 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 12. The City election precincts established for this election shall be precincts named, in substantial form, and subject to final list approval provided by the applicable counties. A list of the City election precincts and the polling places designed for each such election precinct are identified in substantial form, and subject to approval by the applicable counties. 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. Section 13. The election shall be held in the City at the precinct locations listed by Bexar County Election Office. Precinct locations will be available from Bexar County Elections Office by August 31, 2025. Section 14. The Bexar County Elections Office, 203 W. Nueva St#300, San Antonio, Texas 78207 is hereby designated as the main early voting places at which early voting shall be conducted. Michele Carew, Elections Administrator (whose mailing address is 203 W. Nueva Ste#300, San Antonio, Texas 78207) is hereby appointed as the Early Voting Clerk 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 C. Section 15. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. Michele Carew, Elections Administrator of Bexar 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 16. All residents who live on the property listed on Exhibit A and who are resident qualified voters 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 17. The anticipated fiscal impact of conducting the election and implementing modifications, if any, to the City is currently estimated to be $22,000. Section 18. A substantial copy of this Resolution 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) the notice of election publication occurring not less than fourteen (14) full days prior to the day of the election. Section 19. The Council authorizes the City Manager or their 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 20. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution, including Resolution 25-R-083 as approved on July 15, 2025, are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters ordered herein. Section 21. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 22. 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 to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Resolution 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 Resolution that are necessary for compliance with applicable Texas or federal law or to carry out the intent of this Council, as evidenced herein. Section 23. 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 24. This Resolution shall be in force and effect from and after its final passage and any publication required by law. PASSED, APPROVED and ADOPTED ON THIS, the day of ¢ , 2025. CITY OF SCHERTZ, TEXAS Ra&6uqez, Mayor AT 7?j d IIA ShAa — Edmondso-h, City Secretary 1 F EXHIBIT A Map of Extraterritorial Jurisdiction within a Five -Mile Boundary of JBSA-Randoph) Parcel ID numbers of properties within the five -mile boundary of JBSA-Randolph 308523 308418 308574 308415 1139334 308425 1150385 358551 308416 308575 308413 1149642 308502 310157 358531 308414 308576 308411 1139333 308380 310155 358533 308412 308577 309743 1262993 309384 310154 358550 308367 308579 1434884 309721 309385 310156 358549 308354 308581 309744 309742 309386 310158 358548 308339 308572 309757 309722 309387 1235774 358535 308349 308434 309745 309741 309388 310180 358536 308348 308535 309758 309723 309389 1103248 358537 308342 308439 309746 309740 309390 310159 358547 308347 308440 309759 309724 309391 310176 358538 308345 308533 309747 309739 309783 1117192 358546 308341 354068 309760 1161016 309392 1313852 358539 308340 308537 309748 309738 309784 1078777 358544 308338 308539 309749 309726 309785 310175 358541 308528 308543 309761 309737 309786 310167 308309 308527 308544 309750 309727 309787 310166 308322 308337 308546 309762 309736 309788 1252033 1050386 308514 308302 309752 309728 309789 310200 308310 308515 309334 309782 309735 309790 310160 308320 308331 308562 309781 309729 309791 310174 308526 1050385 354097 309765 309734 309792 308467 308326 354096 309780 309730 309793 308465 358529 308551 309766 309733 309463 308513 358552 354082 309779 309731 309465 308484 358553 308559 309767 308315 309462 1213954 358554 308560 309778 1413691 309464 308463 358555 308561 309768 1103239 309794 308512 308318 308563 309776 310189 1151124 308531 308317 308564 309772 310190 1160408 308464 308316 308565 309770 310182 1434885 308529 308305 308554 309775 310194 310121 308530 308556 308555 310025 310193 308394 308466 308548 308567 619106 310183 308402 310070 308298 309395 1367390 1371073 308497 1061511 308582 308424 1196135 308518 1340731 310108 1129970 308447 308379 1062177 312012 1298380 308525 308382 1062176 1269117 308571 308420 1395831 1367041 1366687 308573 1371072 1091021 308429 1315951 308421 1366676 308377 1 k, I I E D Boundaries Municipal Boundary P& Property in the ETJ Development Agreement SCHI E]RT I i i 78 i i G i___ I I T i r I 1 Bexar,Count , -- I Parcels in the ETJ r. ; EXHIBIT B The official ballots for the Special Election shall be prepared in accordance with the Texas Local Government Code and the Texas Election Code to permit the electors to vote for one of two options in the proposition, with the ballots to contain such provisions, markings, and language as required by law, as follows: CITY OF SCHERTZ PROPOSITION A OPTION 1: YES ANNEXATION: SHALL THE CITY OF SCHERTZ ANNEX FOR FULL PURPOSES CERTAIN AREAS IN THE CITY'S EXTRATERRITORIAL JURISDICTION WITHIN FIVE MILES OF THE BOUNDARY OF THE JOINT BASE SAN ANTONIO RANDOLPH? OPTION 2: NO ANNEXATION BUT WITH LAND USE REGULATIONS: SHALL THE CITY OF SCHERTZ BE PROVIDED WITH THE AUTHORITY TO ADOPT AND ENFORCE AN ORDINANCE REGULATING THE LAND USE IN THE CITY'S EXTRATERRITORIAL JURISDICTION WITHIN FIVE MILES OF THE BOUNDARY OF THE JOINT BASE SAN ANTONIO RANDOLPH IN THE MANNER RECOMMENDED BY THE MOST RECENT JOINT LAND USE STUDY, FOR THE PURPOSE OF PROTECTING THE MILITARY MISSIONS, AND INCLUDING THE AUTHORITY TO ADOPT AND IMPOSE RELATED FEES, FINES AND OTHER CHARGES?