Ordinance No. 10,411ORDINANCE NO. 10,411
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
dow TEXAS, AUTHORIZING A JOINT ELECTION AGREEMENT WITH
CHAMBERS COUNTY FOR THE SPECIAL ELECTION TO BE HELD ON THE
7TH DAY OF NOVEMBER, 2006; 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 the
City Manager to execute and the City Clerk to attest to a joint election agreement with Chambers
County for the special election to be held on the 7th day of November, 2006. 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 oe City Council of the City
of Blown this the 14th day of September, 2006.
U N c rrDLI
• ��� • •
City Clerk
APPROVED AS TO FORM:
TACIO RAMIREZ, SR., Cq Attorney
H. DONCARLOS, Mayor
RAKarenTileACity Council\Ordinances\2006 \September 14't JointEle: tionAgTeement withChant bersCounty4November7thSpecialElection .doc
APW AGREEMENT BETWEEN CHAMBERS COUNTY AND THE CITY OF BAYTONNIN
RELATING TO JOINT ELECTIONS TO BE HELD NOVE1IBER 7, 2006
THE STATE OF TEXAS
COUNTY OF CHAMBERS
THIS AGREEMENT is made and entered into by and between the City of Baytown, a home -rule
municipality located in Harris and Chambers Counties, Texas (hereinafter referred to as the "City ") and
Chambers County a body corporate and politic under the laws of the State of Texas (hereinafter referred
to as the "County").
RECITALS
WHEREAS, the City Council of the City of Baytown has called a special election to be held on
November 7, 2006; and
WHEREAS, the boundary lines of Precinct 11 of the City are within the boundary lines of such
voting precinct of the County, and
WHEREAS, the voting place for such precinct for the County are identical to the voting place
used by the City for such precinct: and
WHEREAS, the County's voting system has been duly approved by the Secretary of State
pursuant to Tex. Elec. Code Ann. §122.031-122.039, §122.061, §122.091, as amended, and duly
approved by the United States Justice Department for use in Chambers County pursuant to the Voting
Rights Act of 1965 (hereinafter "Voting System "): and
WHEREAS, the City desires to use the County's Voting System in its election and agrees to
compensate the County for such use and to share in certain other expenses connected with such election
in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as
amended: and
WHEREAS, the County desires to provide certain election services to the City for its election to
be held on November 7,2006; NOW THEREFORE,
TERNIS
In consideration of the mutual covenants, agreements and benefits to the parties, IT IS AGREED
as follows:
I.
The fair and reasonable compensation for use of the County's Voting System, equipment,
supplies and staff and for other services provided for administration of the election is detailed in the
itemized list of estimated election expenses under Exhibit A, attached hereto and by reference made a part
hereof. The City agrees to pay one -half of the County's Precinct 1 l costs to the County for the Voting
System, equipment, furniture, telephones, election kits, Early Voting Ballot by Mail, printing supplies,
delivery and transportation services, personnel, polling places, and administrative costs for the November
EXfW A
7, 2006, Joint Elections (hereinafter referred to as the "11/7 Election ") held by the County and the City in
accordance with the terms of this Agreement.
The County agrees to provide polling locations, voting system equipment, tables, chairs,
telephones and other equipment it deems necessary or desirable for the holding of the 11/7 Election and
cause same to be delivered to the polling places. The County agrees to provide the Voting System to all
polling places at least one hour before the time set for the opening of the polls.
H.
The City agrees to furnish the County with the proposition title and proposition language for the
11 /7 Election on or before August 30. 2006.
Within one business day of receipt thereof, the City agrees to proofread and approve its ballot.
The County will assess the City the actual cost for revising and/or reprint ballots required because of
changes made by the City to its ballot during proofreading, other than the correction of simple scrivener's
errors. To ensure the security of the ballot, the City hereby acknowledges and agrees that it cannot make
revisions to its ballot other than during the aforesaid proofreading period. The failure of the City to
timely provide its ballot language to the County and/or comply with the proofreading process outlined
herein may be deemed by the County to be a cancellation of this Agreement and in that event, the City
will be assessed costs as provided in Section VIII of this Agreement below.
The County will provide the City with all dates and times for early voting no later than the 21 u
day before Election Day.
The City agrees to prepare, post and publish any and all notices required of the City by state law
for the 11/7 Election.
M.
The County agrees to secure and arrange for the delivery of the Voting System equipment and
other equipment and supplies for use in early voting by personal appearance in the 11/7 Election. The
County agrees to provide polling locations for use during early voting. The County is authorized to
employ or use such personnel, as it deems necessary or desirable, to prepare for and conduct early voting
by personal appearance.
The County agrees to provide all equipment and supplies for use in early voting by mail in the
11 /7 Election and cause the same to be delivered to the polling places. The County agrees to provide the
Voting System to all polling places at least one hour before the time set for the opening of the polls. The
County shall determine the amount of voting equipment available for the 11/7 Election.
The County is authorized to employ such personnel as it deems necessary to program and operate
the automatic tabulating equipment in accordance with Tex. Elec. Code Ann. § §124.066, 127.001-
127.006, and 127.121 — 127.122. as amended.
The County agrees to pay the presiding judges of the County and their clerks, pursuant to Tex.
Elec. Code Ann. § §32.091- 32.093 and 271.013, as amended for their services in connection with the 11/7
Election at the expense of the City. The County agrees to pay the presiding judge and clerks of the Early
1'' Voting Ballot Board to process early voting results pursuant to Tex. Elec. Code Ann. § §87.001 — 87.025,
87.101 and 87.103. as amended.
2
Apkk The County agrees to perform its obligations under this agreement in accordance with all
applicable federal and state laws, rules and regulations in any manner that allows for the County's
performance of all obligations required by this Agreement.
IN'.
Tile fair and reasonable value of the general overall supervision and advisory services of the
County in connection with decisions to be made and actions to be taken by officers of the City is ten
percent (10 %) of the total amount of the Agreement for the City, in accordance with the applicable
provisions of Chapters 31 and 271 of the Texas Election Code, as amended. The City agrees to pay the
County this ten percent (10 %) fee for advisory services for its 11/7 Election. It is understood that the fees
paid for these advisory services shall be deposited in a separate fund in the County treasury. in accordance
with Tex. Elec. Code Ann. §31.100, as amended.
V.
As previously agreed in Section 1 above, the City agrees to pay the County one -half of the
County's Precinct 11 expenses to be incurred by the County for the 11/7 Election, plus any other costs
incurred by the City under this Agreement.
N'Z.
The County will charge, and the City agrees to pay a minimum cost of ME HUNDRED AND
NO /100 DOLLARS ($500.00) for the 11/7 Election. At this time, it is estimated that the City's total cost
will be TWO THOUSAND AND NO /100 DOLLARS ($2,000.00). The City agrees to delivery sixty
(60 %) of this total estimated cost for its 11/7 Election to the County within thirty (30) days of the
execution of this agreement. The County agrees to furnish a final accounting of the 11/7 Election. The
City agrees to pay the County's invoice for the balance of its 11/7 Election expenses within thirty (30)
days of receipt of the invoice. Payments, in the name of Chambers County, must be submitted to Susan
E. Roshto, Chambers County Clerk. Attn: Elections Division, P.O. Box P.O. Box 728, Anahuac, TX
77514. Copies of all related invoices, records or documentation used in calculating the total cost of the
election will be made available as soon as practicable by the County upon written request to the County
at the address above.
VII.
The County shall provide space on the ballot sufficient to encompass the proposition of the City.
It is understood that to the extent space is available on the ballot labels, equipment and voting places, and
it is agreed that the County may contract with other political subdivisions for such purposes, and that in
such event there will be no reduction or adjustment of the amount to be paid to the County by the City. It
is understood and agreed by the City that any increased cost associated with the addition of another
political subdivision will be borne by all participating political subdivisions based on the formula for
determining pro rata share set forth in Section V above.
VIII.
In the event the City's 11/7 Election is enjoined or canceled, or if for any reason whatsoever the
01111 City shall decide not to proceed with its 11/7 Election, the City agrees that it shall be responsible for its
share of any costs and expenses incurred by the County up to the cancellation date.
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Unless otherwise expressly provided herein, the City agrees to do all things that may be required
of it in connection with the 11/7 Election. The City and County are responsible for the preparation of
election orders, resolutions, notices and other pertinent documents for adoption or execution by the
appropriate officer of the City and County with regard to the 11/7 Election, and neither the County nor the
City shall have any responsibility or duty in connection with such preparations by the other party hereto.
The City and County are responsible for making their own submission, if any is required or desired, to the
United States Justice Department pursuant to the Voting Rights Act of 1965, as amended, and neither the
County nor the City shall have any responsibility or duty in connection with such submission relating to
the 11/7 Election to be held by the other party hereto.
X.
Any notices permitted or required to be given under this Agreement must be made by certified
mail, return receipt requested or hand - delivered to the parties at the following address:
Chambers County
Attn: Jimmy Sylvia, Chambers County Judge
P.O. Box 728
Anahuac, TX 77514
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
This instrument contains the entire agreement between the parties for the joint use of voting
equipment and the sharing of election expenses in connection with the 11/7 Election. Any oral or written
representations or modifications concerning this instrument shall be of no force and effect excepting a
subsequent modification in writing signed by the parties.
If any provision of this Agreement is construed to be illegal or invalid, this will not affect the
legality or validity of any of the other provisions hereof. The illegal or invalid provisions will be deemed
stricken and deleted here from to the same extent and effect as if never incorporated herein.
This Agreement will be executed in several counterparts, each of which shall be an original and
all of which shall constitute but one instrument.
EXECUTED on this the _ day of 2006.
CHAMBERS COUNTY CITY OF BAYTOWN
JIMMY SYLVIA GARY JACKSON
Chambers County Judge City Manager
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Date: Date:
4
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ATTEST:
SUSAN E. ROSHTO
Chambers County Clerk
ATTEST:
LORRICOODY
City Clerk
AOM R• Karen \Files \Contracts \Chambers County Joint Election AgreementJoin tElectionAgreement.doe
WORKSHEET
ESTIMATED COST OF RENTAL OF COUNTY'S DRE EQUIPMENT AND SERVICES
PERFORMED BY THE COUNTY CLERK'S OFFICE
Prepared for _City of Baytown
Date 09/12/06
DRE programming from ES &S (English & Spanish) — estimate $ 121.25
Audio programming from ES &S (English & Spanish) - estimate $ 71.00
Number of Polling Places — EV —4; ED _1
Equipment rental — iVotronic terminals /privacy booths, Communication Packs, $ 150.00
PEB's, Opti - scanner, Central Counting Computers /Printers,
Flash cards - _2_X _$75_ - est. (audit/Early Voting and Election Day) $ 150.00
Miscellaneous supplies - bags, seals, cases, election kits, Pack paper $ 50.00
Equipment Preparation, Logic & Accuracy Testing, Clearing,
Loading Ballot, Audit — approx. —4_ hrs. @ $28/hr. $ 112.00
On -Site Support ( ES &S) $ 162.50
Salaries — Judges, Clerks, Central Counting Station, Ballot Review Board $ 822.00
SUBTOTAL $ 1,638.75
Administrative Fee — 10% of total contract cost $ 163.87
TOTAL $ 1 2
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