Ordinance No. 15,584 ORDINANCE NO. 15,584
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS
COUNTY TO USE THE STERLING MUNICIPAL LIBRARY AS A POLLING
LOCATION FOR THE NOVEMBER 7, 2023, ELECTION; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute an Interlocal Agreement with Harris County to use the Sterling
Municipal Library as a polling location for the November 7, 2023, election. A copy of said
agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 12th day of October, 20
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APPROVED AS O ORM:
SCOTT LEMO D, City Attorney
R:Karen Anderson ORDINANCES\2023\2023.10.12 S.Lemond lnterlocalwithHarrisCounty-Sterling.docx
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EXHIBIT "A"
AGREEMENT BETWEEN HARRIS COUNTY AND (The City of Baytown)
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement is made and entered into by and between Harris County(the"County"),a body corporate
and politic under the laws of the State of Texas, acting by and through the Harris County Clerk's Office
("Lessee"), and City of Baytown (Lessor")relating to the use of building ("Facility") as (a)
polling place(s) for an election to be held on November 7,2023. The County and Lessor are referred to
herein collectively as the "Parties"and individually as a"Party."
RECITALS
The Lessee desires to use the Lessor's Facility to conduct its elections and the Lessor desires to lease its
Facility to the Lessee for November 7, 2023.
Now, therefore, the Lessor and Lessee do mutually agree to the terms and conditions as follows:
TERMS
1. The execution of this Agreement guarantees the County right to use Facility in connection with an
election for the requested dates and times: November 7, 2023 ("Election Day") from 5:00 a.m. to
9:00 P.M.
2. The Lessor will inform the Lessee which room will be available to serve as a polling location("Polling
Location") upon signing this Agreement. In the event, there is a room change, Lessor shall
communicate the change to the County within ten(10)business days prior to Election Day.
3. Lessee shall be permitted to survey the room(s) Lessor has designated as the polling location, the
Facility and surrounding common areas that provide access to the Polling Location for compliance
with the Americans with Disabilities Act ("ADA"), 42 U.S. §12101 et. seq.. Lessee shall be
permitted to install temporary remedies if Lessee determines remedies are necessary for the Polling
Location or access thereto to be ADA compliant. If Lessee makes temporary remedies to the voting
room, facility, and/or surrounding common areas, the Lessee agrees to restore the voting room,
facility, and/or surrounding common area back to the condition immediately preceding Lessee's use
and placement of temporary remedies.
a. Temporary remedies shall include items such as cones to create van accessible parking
spaces, floor/ground mats and plates to cover gaps in sidewalks and walkways, and the
installation of ramps at accessible entrances. Temporary remedies, excluding temporary
ramps, will be delivered to the polling location in the same caddies as voting machines, and
will be picked up along with voting machines following the election.
b. County will provide location of temporary ramp (if applicable) within fifteen (15) days of
execution of this Agreement. Temporary remedies such as cones and mats may be taken up
at the end of voting in order to avoid theft or undue exposure to inclement weather conditions.
c. Lessor acknowledges that part of Lessee's survey process will include mapping out an ADA
accessible route to the Polling location. Lessor agrees not to impede access along the route
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or alter the route. Lessee shall not alter the voting room(s) without prior approval from the
ADA Department. Lessee shall contact the ADA Department at 713-755-6965 for such
approval. Lessee shall use its best efforts to avoid creating any impediments to operations
that may arise as a consequence of any installed temporary remedies, unless given written
permission by Lessor. In the unlikely event, Lessor does not comply with the prior agreed
upon location and/or timing of installation of the temporary remedies,Lessor shall notify the
ADA Department at 713-755-6965 in order to coordinate an ADA compliant modification
with respect to the location and./or timing of any installed temporary remedies.
4. Nothing in this Agreement requires the Lessee to use the aforementioned facility for an
election until the Lessor agrees to make the facility available pursuant to a request by the
Lessee as specified in(1) above.
5. The Facility shall be open and accessible beginning at 5:00 AM on Election Day. The Facility shall
remain open until the Polling Location is officially closed by the Election Judge after the polls have
closed during the duration of the rental period.
6. Delivery and Pick-up of Voting Equipment
a. Lessor must provide a designated area for storing voting equipment.
b. Equipment for Election Day will be delivered to locations ten(10)business days prior to
Election Day,November 7, 2023. County will pick up Election Day equipment within ten(10)
business days after Election Day. Lessor will receive a phone call one(1)business day prior to
County arriving to Facility to pick up Election Day voting equipment.
7. Miscellaneous
a. Poll workers shall wear proper identification that identifies them as county workers and
authorized to be present at the polling location. Identification should be visible and worn at
all times while working or at a polling location.
b. Poll workers may not grant access to voters, to any part of the building beyond the voting
area, including restrooms and side exits.
c. Lessor agrees to allow electioneering at the Facility outside the 100-foot area in
accordance with the Texas Election Code.
d. Lessor agrees that the designated Polling Location remains climate controlled
throughout the rental period.
e. Lessor shall not schedule additional events in the agreed upon Polling Location
to comply with state of Texas and Harris County voting standards. If an event is
scheduled in the Facility that may disrupt voting(including but not limited to
loud noise, additional attendees), Lessor must inform County when County
officially requests the reservation.
f. County requires 4-5 tables and 6-8 chairs for the election. By initialing here
Lessor is responsible for providing these items to the County. If Lessor is unable
to provide these items, the County will rent these items from a third party county
approved vendor. The vendor shall have ten(10)business days prior to the
election to deliver and ten(10)business days after the election to pick up these
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items. Please note: 'l ables and chairs are not picked up at the same time as
voting equipment as this is a separate delivery/pick up schedule which will be
communicated to Lessor by the third-party county approved vendor.
LESSOR LESSEE
By:
Name:.ason Reynolds
Title: City Manager By:
Date: Teneshia Hudspeth
Harris County Clerk
APPROVED AS TO FORM:
CHRISTIAN D. MENEFEE
COUNTY ATTORNEY
By:
Neeharika Tumati
Assistant County Attorney
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