Ordinance No. 10,021ORDINANCE NO. 10,021
® 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 7TH DAY OF MAY 2005;
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 7th day of
May, 2005. 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 24t1i day of February, 2005.
CALVIN MUNDINGER, Mayor
ATTEST:
GAR4hV. SMITri, Ci ty Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR ity Attorney
® RAKaren\Files \City Council \Ordinances \20051February 24VointElec tionAgreementOrdinance2005.doc
JOINT ELECTION AGREEMENT
® STATE OF TEXAS §
COUNTY OF HARRIS §
THIS JOINT ELECTION AGREEMENT (the "Agreement ") is made and entered into
effective this _ day of , 2005, 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
serves 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.
EXHIBIT A
II.
® 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 shall for its own election:
1. conduct candidate filings,
2. conduct drawings for places on its ballot,
3. arrange for printing of ballots and rental of election polling place equipment and election
tabulating equipment,
4. appoint and compensate judges and clerks,
5. post and publish its own election notices,
6. receive campaign finance reporting,
7. receive and process applications for early voting ballot by mail,
8. conduct of early voting,
9. canvass its election returns, and
7. take any other actions required of the entity by the Texas Election Code.
IV.
The 2005 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 shall be at Baytown City Hall with branch early voting at the School
Administration Building, and the Early Voting place for the School shall be the School District
Administration Building with branch early voting at Baytown City Hall. The City shall conduct
election for itself, City Districts One (1), Two (2), and Three (3) only, and the School shall
conduct election for itself, School Trustee Districts Three (3), Six (6), and Seven (7) only.
Should either Party not be required to hold an election, notice of such shall be delivered to the
other Party as provided in Article VII herein, and the other Party may conduct its election
without involvement of the Party providing notice.
V.
A.
The City and the School shall share polling locations, as appropriate, and appoint the
same persons as election judges and alternate election judges, as appropriate. Each entity shall
maintain the forms and records of its election and shall serve as the general custodian of records
for its election.
Each Party holding a joint election will each be responsible for its 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
Joint Election A rg eement, Page 2
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.
B.
40
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. Each Party will be responsible for its proportionate share of the cost of such
school.
C.
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 judges and clerks. Baytown shall invoice the School for its pro rata
portion 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 2005 election to
review the administration and expenses of the joint election.
VI.
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`) 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 body of either 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 the other Party 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 both of the Parties who were to hold a
joint election. If the election is cancelled by both of the Parties who were to hold a joint election
pursuant to the terms hereof, then both 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
VIlI.
® The Elections Administrator for each Party shall arrange for election supplies and
printing, in English, Spanish, and Vietnamese. Such election supplies shall include, but not be
limited to, 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 election returns, and supplies to the
central counting station at the School District Administration Building for the School and at City
Hall for the City immediately after the polls close on election day.
X.
Receipt of applications for a ballot by mail and distribution of mail ballots 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.
Xl.
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.
am
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:
SCHOOL
Goose Creek Consolidated Independent School District
Attn: Superintendent of Schools
Dr. Barbara Sultis
P.O. Box 30
Baytown, TX 77522
Fax: (281) 420 -4815
Joint Election Agreement, Page 4
CITY
® City of Baytown
Attn: City Manager
Gary Jackson
P.O. Box 424
Baytown, TX 77522 -0424
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.
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.
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.
Joint Election Agreement, Page 5
•
C
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their authorized officers this the day of 32005.
CITY OF BAYTOWN:
Signature
Printed Name
Title
GOOSE CREEK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT:
Signature
Printed Name
Title
RACity Clerk\ ElectionsU ointElections\2005V ointElectionAgreement05022Iclean .doc
Joint Election Agreement, Page 6
ATTEST:
Signature
Printed Name
Title
ATTEST:
Signature
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