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Ordinance No. 8,177• JOU -LLL -U ORDINANCE NO. 8177 AN ORDINANCE OF THE CITY. COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A JOINT ELECTION AGREEMENT WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AND LEE COLLEGE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 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 Mayor to execute and City Clerk to attest to a Joint Election Agreement with Goose Creek Consolidated Independent School District and Lee College. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof 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 22 °d day of January, 1998. ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, ity Attorney c:klh74\ council) ordinances Voin[ElectionAgreementOrdinance �. PETE C. ALFA R10, Mayor 0 JOINT ELECTION AGREEMENT STATE OF TEXAS 5 COUNTY OF HARRIS § THIS JOINT ELECTION AGREEMENT (the "Agreement ") is made and entered into effective this day of , 1998, by and between the City of Baytown, a municipal corporation located in Harris and Chambers Counties, Texas (the "City ") and Lee College District, a junior college district, whose service area includes portions of Harris and Chambers Counties, Texas, (the "College "), and the Goose Creek Consolidated Independent School District, a school district servicing portions of Harris and Chambers Counties, Texas (the "School "), collectively referred to herein as the "Parties." WITNESSETH WHEREAS, if the elections ordered by the governing bodies of any of the Parties hereto are to be held on the same day, such Parties shall hold such elections jointly, as hereinafter specified, if (1) the election precincts can be served by common polling places and common election officers pursuant to Chapter 271 of the Texas Election Code and (ii) such common polling places and election officials are designated by the governing bodies of any of the Parties hereto; and WHEREAS, holding joint elections will facilitate the orderly conduct of the elections when the location of the polling places for the voting precincts adequately and conveniently serve the affected voters of any two or more of the Parties; and WHEREAS, holding joint elections when appropriate by utilizing the services of the same election judges will be of public and economic benefit to the persons in the affected voting districts as well as to the Parties hereto; and NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, THE BOARD OF REGENTS OF THE LEE COLLEGE DISTRICT, AND THE BOARD OF TRUSTEES OF THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AGREE AS FOLLOWS: I. If the regular or special elections ordered by the governing bodies of any of the Parties are to be held on the same day, such Parties agree to hold such elections jointly as authorized by ® Chapter 271 of the Texas Election Code, only to the extent specified herein. All joint elections held pursuant to this Agreement shall be coordinated, supervised and handled in accordance with EXHIBIT A • the provisions of the Texas Election Code. The Parties understand and agree that each Party hereto holding a joint election shall remain responsible for the lawful conduct of the election ordered by its governing body. Il. Nothing herein shall relieve any Party hereto from enacting all appropriate election orders, resolutions, notices and other pertinent documents required by or of its governing body, including, but not limited to, the making of submissions required by the Federal Voting Rights Act of 1965, as amended, and the preparation of necessary bilingual materials for notices. Furthermore, the Parties hereto will each utilize voting methods approved by the Secretary of State and/or the laws of the State of Texas. III. Each Party holding a joint election pursuant to the terms hereof shall establish its own central counting station, and provide its own ballot boxes, locks, forms, and other election equipment necessary for the proper conduct of the election. IV. The Parties agree that where the polling places of any voting precinct within the service area or boundaries of any of the Parties adequately and conveniently serve the affected voters of such Parties and will facilitate the orderly conduct of elections, the same polling places and judges will be employed if so designated by the governing bodies of the Parties. However, any Party holding a joint election hereunder shall utilize separate clerks for the conduct of said election. a The Parties holding a joint election will each be responsible for their proportionate share of the payroll costs for the election personnel jointly utilized by the Parties. For instance, if two of the Parties hereto hold a joint election, the cost of the election personnel utilized by both such Parties shall be divided by two. The compensation of the judges shall be in accordance with section 271.013 of the Texas Election Code. Election personnel not jointly utilized by the Parties shall be compensated by the Party utilizing such personnel. LOU The Parties holding a joint election pursuant to the terms of this Agreement shall host a joint election school, covering topics deemed appropriate by the Election Administrators of the affected Parties. All election personnel employed in a joint election shall be required to attend Joint Election Agreement, Page 2 ® the election school. The cost of such school shall be borne by the Parties holding the joint election. kM All payments required by any of the Parties hereto pursuant to this Agreement shall be made from the respective entity's current revenues at the time of the election in question. The Parties agree that the allocation of costs as specified herein fairly and adequately compensates the Parties for the services required herein. All the expenses required to be paid herein shall be due on or before the thirtieth (30`h) day after a Party is invoiced for such expense or the service is provided, whichever occurs later. Any payment not timely paid in accordance with this article shall accrue interest at a rate of one percent (1 %) per month. Should the City of Baytown be involved in a joint election, the City of Baytown shall be the fiscal agent for the collection of funds and the payment of personnel jointly utilized by the Parties to the election. In the event the City of Baytown is not involved in a joint election, Goose Creek Consolidated Independent School District shall be the fiscal agent for the collection of funds and the payment of personnel jointly utilized by the Parties to the election VI. Should the governing bodies of any of the Parties hereto cancel an election pursuant to Section 2.051, et seq. of the Texas Election Code, such Party must send written notice of such cancellation to all Parties with whom it was to hold a joint election within ten (10) calendar days of the action of the governing body to cancel the election. Should the terms of this article be satisfied, the Party canceling the election will no longer be liable for any of the expenses specified herein; provided the election is not cancelled by all of the Parties who were to hold a joint election. If the election is cancelled by all of the Parties who were to hold a joint election pursuant to the terms hereof, then all of such Parties shall be responsible for the proportionate share of the expenses paid up to the date of the cancellation. VII. Election judges will be responsible for picking up election supplies at the time and place determined by the Elections Administrator of each Party. The Elections Administrator shall be responsible for notifying each election judge of his/her appointment and for determining the number of clerks and other election workers authorized to work at each polling place. VIII. The Elections Administrator for each Party shall arrange for election supplies and printing, in both English and Spanish. Such election supplies shall include, but not be limited to, • Joint Election A reement, Page 3 ® ballot booklet pages for votomatics, punch card ballots, as well as all forms, signs and other materials used by the election judges at the polling places. IX. All records of the joint election are to be maintained separately by the Parties holding the same, and the presiding judges shall bring the appropriate voted ballots, election returns, and supplies to the central counting station of each Party immediately after the polls close on election day. X. Early voting, by mail or by personal appearance, shall be conducted by each Party as specified in the Party's election order and shall not be held jointly unless expressly agreed to by the Parties in writing. XI. The Parties shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, as they now exist or may hereafter be enacted or amended, governing elections. XII. This Agreement shall be in effect from and after the date of execution. It is the intent of each Party that this Agreement shall automatically be renewed on a yearly basis, except in the event that any of the Parties notifies the other Parties in writing at least ninety (90) days prior to the date of an election, which could be governed by this Agreement that it intends to cancel this Agreement. XIII. All notices required to be given hereunder shall be given in writing either by telecopier, overnight, or facsimile transmission, certified or registered mail at the respective addresses of the Parties set forth herein or at such other address as may be designated in writing by any Party. Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the following addresses: COLLEGE Lee College District Attn: President of Lee College District Baytown, TX ® Fax: (28 1) _ Joint Election Agreement, Page 4 SCHOOL Goose Creek Consolidated Independent School District Attn. Superintendent of Schools P.O. Box 30 Baytown, TX 77522 Fax: (281) CITY City of Baytown Attn: City Manager P.O. Box 424 Baytown, TX 77522 Fax: (281) 420 -6586 XIV. Failure of any Party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. XV. This contract shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris and Chambers Counties, Texas. XVI. All Parties agree that should any provision of this contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this contract, which shall continue in full force and effect. XVII. This Agreement contains all the agreements of the Parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. This Agreement shall not be amended or modified without the express written consent of both parties hereto. Joint Election Agreement, Page 5 0 XVIII. The officers executing this Agreement on behalf of each Party hereby confirm that such officers have full authority to execute this Agreement and to bind the Party he /she represents. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers this the day of , 1998. CITY OF BAYTOWN: ATTEST: Signature Signature Printed Name Printed Name Title Title LEE COLLEGE DISTRICT: ATTEST: Signature Signature Printed Name Printed Name Title Title Joint Election Agreement, Page 6 GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT: ATTEST: Signature Printed Name Title c: klh7 2\ CityClerk \Election\JointElectionAgrement 1.1 Joint Election Agreement, Page 7 Signature Printed Name Title