Ordinance No. 9,514•
ORDINANCE NO. 9514
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A JOINT ELECTION AGREEMENT WITH THE
GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR
THE GENERAL ELECTION TO BE HELD ON THE 3RD DAY OF MAY 2003;
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 the
City Manager to execute and the City Clerk to attest to a joint election agreement with the Goose
Creek Consolidated Independent School District for the general election to be held on the 3rd day of
May 2003. 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 13th day of February, 2003.
ATTEST:
G ' W. SMITH, City Clerk
APPROVED AS TO FORM:
FM 'V-510IF-ITEN 9 ' 1' i� •
FA Karen \Files \CityCounCIAOrdinances\ cintElectionAgreementOrdinance2003doc
ALD W. ANDERSON, Mayor Pro Tern
JOINT ELECTION AGREEMENT
STATE OF TEXAS
COUNTY OF HARRIS §
THIS JOINT ELECTION AGREEMENT (the "Agreement ") is made and entered into
effective this _ day of , 2003, by and between the City of
Baytown, a municipal corporation located in Harris and.Chambers Counties, Texas (the "City")
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 (i) 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 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;
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
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, to the extent specified herein. All joint elections held
pursuant to this Agreement shall be coordinated, supervised and handled in accordance with 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.
511 (I1
Q
• 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.
n
Each Party shall for its own election
1. conduct candidate filings,
2. conduct drawings for places on its ballot,
3. post and publish its own election notices,
4. receive campaign finance reporting,
S. receive and process applications for early voting ballot by mail,
6. canvass its election returns, and
7. take any other actions required of the entity by the Texas Election Code.
N.
The 2003 joint election shall be conducted at the election precincts described on Exhibit
"A" attached hereto and incorporated by reference herein for all intents and purposes. Early
voting place for the City and School shall be at Baytown City Hall. The City shall conduct
elections for itself, City Districts One (1), Two (2) and Three (3) only, and the School, School
Trustee Districts Five (5) and Two (2) only. The School shall provide such assistance for early
voting as deemed necessary by the School. Should the City not-be required to hold an election,
notice of such shall be delivered to School as provided in Article VII herein, and School may
conduct its elections without involvement of City. Should the School not be required to hold an
election, notice of such shall be delivered to City as provided in Article VII herein, and City may
conduct its elections without involvement of School.
V.
A.
The City in coordination with the School shall (i) arrange for printing of ballots and
rental of election polling place equipment and election tabulating equipment; (ii) appoint and
compensate judges and clerks; and (iii) conduct early voting for the City and School. Early
voting shall include other undesignated procedures relating to early voting by mail and shall
include one day of weekend early voting. The City shall maintain the forms and records of the
joint. election and shall serve as the general custodian of records for the joint election.
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.
Joint Election Agreement, Page 2
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B.
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
the election school. The cost of such school shall be borne by the Parties holding the joint
election.
N
Common expenses of the joint election shall be prorated among the parties incurring and
benefiting from such expenditures. Expenses shall include, but not be limited to, all necessary
disbursements, such as ballot printing and supplies, translation, and judges and clerks. Baytown
shall invoice the School for its pro rata portions of such joint expenses, which invoice shall be
due and payable within thirty (30) days of receipt thereof. Under the terms of the Texas Election
Code, no charge shall be incurred for use of public buildings to conduct an election. The parties
shall meet following the 2003 election to review the administration and expenses of the joint
election.
V1.
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 receives an invoice 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.
VII.
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.
Joint Election Agreement, Page 3
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Fax: (281) 420 -6586
F "N
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.
11
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 )2003.
Joint Election Agreement, Page 5
CITY OF BAYTOWN:
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0
Signature
Printed Name
Title
GOOSE CREEK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT:
Signature
Printed Name
Title
FAKaren\Files \ContractsUoint Election Agreements \lointElectionAgreement2003.doc
Joint Election Agreement, Page 6
ATTEST:
Signature
Printed Name
Title
ATTEST:
Signature
Printed Name
Title