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Ordinance No. 10,719ORDINANCE NO. 10,719 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A JOINT ELECTION AGREEMENT WITH HARRIS COUNTY FOR THE SPECIAL ELECTION TO BE HELD ON THE 6™ DAY OF NOVEMBER, 2007; AUTHORIZING PAYMENT THEREFOR IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City of Baytown is holding its special election on November 6,2007, for the purpose of submitting to the voters six bond propositions; and WHEREAS, Harris County (the "County") is holding an election on the same uniform election date; and WHEREAS, the City and the County desire to hold joint elections in the election precincts that can be served by common polling places; and WHEREAS, pursuant to Section 271.002 of the Texas Election Code, the terms of the joint election include the City agreeing to pay a portion of the County's election costs in exchange for the County: > providing the voting equipment and supplies for early voting by personal appearance and mail and for election day; >* providing election workers; > setting up the polling places; > serving as the Early Voting Ballot Board; > programming and operating the automatic tabulating equipment; and > establishing and organizing the Central Counting Station; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Set-ifori I.i -—-Xha> the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to execute asd trie "City Clerkin attest to a joint election agreement with Harris County for the special election to be held on t£e 6lh-'day of November, 2007. A copy of the agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown, Texas, authorizes payment to Harris County in an am&inv noj to exceedjTHIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00), pursuant to the agreement identified "in Section 1 hereof. Section 3: This ordinance shall take effect immediately of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative this the 27th day of September, 2007. fro; d after its passage by the City Council the City Council of the City of Baytown STOPHENTTDONCARLOS, May APPROVED AS TO FORM: slACIO RAMIREZ, SR., Cit/Attorncy R:\Karcn\Files\City Council\Ordinanccs\20OTOeptembcr27''ilarrisCoumyJoinlEleclionAgrccmcntOrdinanccNۡ Exhibit "A" BETWEEN HARRIS COUNTY AND ALDINE . 47, HARMS UNTY munTipalFutility district no. so, Harris county utility X QTRICT NC> 15HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT FONDREN ROAD, HARRIS COUNTY watfr rONTROL AND IMPROVEMENT DISTRICT NO. 136, HARRIS COUNTY WATeS CONTROL AND IMPROVEMENT DISTRICT NO. 74, HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO 96, HOUSTON COMMUNITY COLLEGE SYSTEM, HOUSTON INDEPENDENT SCHOOL DISTRICT, KLEIN iNnFPE^ENT SCHOOL DISTRICT, NORTH FOREST INDEPENDENT SCHOoTdISTWCT, SOUTHWEST HARRIS COUNTY MUNICIPAL IITILITY DISTRICT NO. 1, SPRING BRANCH INDEPENDENT SCHOOL DISTMCT SPRING^INDEPENDENT SCHOOL DISTRICT, WALLER-HARWS EMERGENCY SERVICES DISTRICT NO. 200, WEST PARK MUNICIPAL UTILITY DISTRICT, RELATING TO JOINT ELECTIONS MUIN1 TO BE HELD NOVEMBER 6,2007 THE STATE OF TEXAS § § COUNTY OF HARRIS § THIS AGREEMENT is made and entered into by and between Harris County and Aldinc Independent School District, AHef Independent School District City of Baytown City of BdKcaty of Houston, City of Seabrook, City of Southsidc Place, Cypress-Fairbanks Mn^^SdrndEMrt. Grant Road Public Utility District, Greenwood Utility District S County Emergency Services District No. 9, Harris County Emergency Services District No48 Harris County Freshwater Supply District No. 47, Harris County Municipal Utility District No 168 Hams County Municipal Utility District No. 402, Harris County Municipal V$S£ District^No 421? Harris County Municipal Utility District No. 50 Harris County Utility District No 15, Harris County Water Control and Improvement District Fondrcn Road, Hams County Water Control and Improvement District No. 136, Hams County Water Control and Improvement District No. 74, Harris County Water Control and ^V?™™*?*™"0-9*' Houston Community College System, Houston Independent School District, Klein Indcpenden School District, North Forest Independent School District Southwest Hams County Municipa Utilitv District No 1, Spring Branch Independent School District, Spring Independent School S&^^ft^&lincy Services'District 200, West Park Municipal Utility District each a body corporate and politic under the laws of the State of Texas (hereinafter referred to as the "Joint Entities"), and Harris County, a body corporate and politic under the laws of the State of Texas (hereinafter the "County"). RECITALS: The Joint Entities contemplate holding an election on November 6, 2007. The boundary lines of most or all of the voting precincts of the County that lie within the limits of eachofihe Joint Entities have boundary lines identical to the boundary lines of the IS Tt f the respective Joint Entity Most or all of the voting places in the voting ihe Joint Entities have boundary lines identical to the boy of the respective Joint Entity. Most or all of the voting places in the voting SSrfS? toSJ that lie within the limits of each of the Joint Entities are identical to the voting places in the voting precincts of each of the respective Joint Entity. The County owns an eSlate voting system that has been duly approved by the Secretary of State Dursuam to T?x Elec. Code Ann §§122.031-122.039, §122.061, §122.091, as amended, and d% aTpmfed by the United States Justice Department for use in Hams County pursuant to Voting Rights Act of 1965, (hereinafter "Voting System"). The Joint Entities desire to use the County's Voting System in its election and each agrees to comoensate the County for such use and to share in certain other expenses connected with suchS^n in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. The County desires to provide certain election services to the Joint Entities for its election to be held on November 6, 2007. TERMS: 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, suoDlies and staff and for other services provided for administration of the election is detailed in Kmized Hs of estimated election expenses under Exhibit A, attached hereto and by reference made a part hereof. The Joint Entities each agree to pay its pro rata share of 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 cosfs for the November 6, 2007 Joint Elections (hereinafter referred o as he "11/6 Election") held by the County and the Joint Entities and to share the cost of the 11/6 Election in accordance with the terms of this Agreement as specified Exhibit A. The determination of the Entity's pro rata share of the costs incurred by the County for the Voting System equipment, furniture, telephones, supplies, delivery and transportation services personnel, Ll polling locations, and personnel necessary for the purposes contemplated by this paragraph shall be made by the County and its decision shall be final The Countyagrees to provide polling locations, Voting System equipment, taMes, <^ tete£°»" and other equipment it deems necessary or desirable for the holding of the 11/6 Election and cause same to be delivered to the polling places. The County agrees to provide the Vo ing System to all polling places at least one (1) hour before the time set for the opening of the polls. II. The Joint Entities agrees to furnish the County with a list of race titles and proposition titles and proposition language, if any, for the 11/6 Election by 5 p.m. on September 6, 2007. If County, in an amount not to exceed $500.00. The Joint Entities agree to provide the County with a list of candidates' names and ballot positions for the 11/6 Election by 9:00 a.m. on September 17,2007. Within one (\) business day of receipt thereof, the Joint Entities agree to proofread and JSftalff The County will assess each of the Joint Entities the actual cost for revising SSSSMS &£«&?** non-performing Joint Entity will be assessed costs as provided in Section VIII of this Agreement, below. Further each of the Joint Entities shall verify its current jurisdictional boundaries County's use of that information to fulfill the requirements of this paragraph. The County will provide the Joint Entities with all dates and times for early voting no later than the 21st day before Election Day. The Joint Entities agree to prepare, post and publish any and all notices required of the Joint Entities by state law for the 11/6 Election. Waiver of any penalty fees imposed upon any of the Joint Entities under this Agreement is at the discretion of the County. III. The County agrees to secure and arrange for the delivery of the Voting System equipment Courtis authoSto employ o? use such personnel, as it deems necessary or durable, 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 appointing authority for the Early Ballot Board Further the County agrees to provide all the voting places, Voting System equipment chairs^telephones and other equipment as it deems necessary or desirable for the holding S?IS \V6Election and cause same to be delivered to the polling places. The County agrees to Ivfde the Voting System to all polling places at least one (1) hour before the ime set for King the poUs The County shall determine the amount of voting equipment available for the 11/6 Election and its decision shall be final. The County is authorized to employ or use such personnel as it deems(»«"to program and operate the automatic tabulating equipment in accordance with Tex. Elec. Code AnT§?124.066,127.001-127.006, and 127.121-127.122, as amended. The County aerees to pay the presiding judges of the County and their clerks, pursuant to Tpx Elec CodcTX §§32.091-32.093 and 271.013, as amended, for their services in Connection with the U/6 Election at the expense of the Entity. The County agrees to pay the Sng n3» and clerks of the Early Voting Ballot Board to process early voting results pTsuanftotTx Elec. Code Ann. §§87.001-87.025, 87.101, and 87.103, as amended. The County aerees to perform its obligations under this Agreement in accordance with all applicable feder^afd sLe^aws, rules and regulations in any manner that allows for the County's performance of all obligations required by this Agreement. IV. The fair and reasonable value of the general overall supervision and advisory services of the r«mt5 n connection with decisions to be made and actions to be taken by officers of the JoinSnie^i^ peTcenT 10%) of the total amount of the Agreement for each of the Joint FnSief n accordance wkh the applicable provisions of Chapters 31 and 271 of the Texas Ejection Code S amended. Each of the Joint Entities agrees to pay the County this ten percent aSv?fcete aSiSywrvices for its 11/6 Election. It is understood that the fees paid for these advisor^ serlicershaU be deposited in a separate fund in the County treasury, in accordance with Tex. Elec. Code Ann. §31.100, as amended. V. agreed in Section I above,.eadi of the Joint^tia Jgc« to W Ae The County will charge, and each of the Joint Entities agrees to pay ai minimum cost as ZSsEtB (30) days of receipt of the invoice. Payments, in the name of Hams ° fmust be submitted to Beverly Kaufman, Harris County Clerk, Attn: Elections Division, ^r u . ty 77951 1525 CoDies of all related invoices, records or P.O. Box 1525, Houston TX 77251;1525 ofj^ Sections will be made available as soon as VII The County shall provide space on th reduction or adjustmen!|oftte pro rata ^^ P J ^^^j^ uSftX sYon will be'bome by Jparticipa.ing political subdivis.ons based on tr defining pro rata share set forth in Sect.on V, above. VIII. cancellation date. IX. held at the expense of the other If and where it is able, the County will assume the lead responsibility in providing Vietnamese'speaking poll workers in areas of high-concentration of Vietnamese voters. X. addresses: Harris County: Harris County Clerk 1001 Preston, 4m Floor Houston, TX 77002 Attention: John German, Administrator of Elections Joint Entities: See attached Exhibit B XL This instrument contains the entire agreement between the parties for the joint uses of vntinB eauioment and the sharing of election expenses in conncct.on with the 11/6 Election. Any ort or Sen^Jepresentations or modifications concerning this instrument shall be of no force and effeTexceptbg a subsequent modification in writing signed by the parties. XII. If anv orovision of this Agreement is construed to be illegal or invalid, this will not affect the leealiW orTaE' of any of the other provisions hereof. The illegal or invahd provisions wiill be deemed sSen and deleted here from to the same extent and effect as if never incorporated herein. XIII. 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 , 2007. ATTEST: HARRIS COUNTY By BEVERLY B. KAUFMAN ED EMMETT County Clerk County Judge APPROVED AS TO FORM: MIKE STAFFORD County Attorney By DOUGLAS P. RAY Assistant County Attorney ATTEST: APPROVED AS TO FORM: COUNTERSIGNED: Name: Attorney for Exhibit A November 6,2007 Joint Election Pagei bxnibtt A NovemDer o, twtt Joint Election Exhibit A novemoer o, Joint Election Exhibit "B" CFN CLN Aldine Independent School District Alter Independent School District City of Baytown City of Bellaire City of Houston City of Seabrook City of Southside Place Cypress-Fairbanks Independent School District Grant Road Public Utility District Greenwood Utility District Harris County Emergency Services District No. 9 Harris County Emergency Services District No. 48 Harris County Fresh Water Supply District No. 47 Harris County Municipal Utility District No. 168 Harris County Municipal Utility District No. 402 Harris County Municipal Utility District No. 421 Harris County Municipal Utility District No. 50 Harris County Utility District No. 15 Harris County Water Control and Improvement District Fondren Road Harris County Water Control and Improvement District No. 136 Ham's County Water Control and Improvement District No. 74 Harris County Water Control and Improvement District No. 96 Houston Community College System Houston Independent School District Klein Independent School District North Forest Independent School District Southwest Harris County Municipal Utility District No. 1 Spring Branch Independent School District Spring Independent School District Waller-Harris ESD 200 West Park Municipal Utility District Vinson & Elkins LLP Bacon & Wallace, LLP Johnson Radcliffe Pelrov&Bobbitt PLLC Coveler & Katz. PC Coveler & Katz, PC Johnson Radcliffe Petrov & Bobbin PLLC McDonald & Sechrist. LLP Coats, Rose, Yale, Ryman& Lee, PC. Smith, Murdaugh. Little & Bonham LLP Johnson Radcliffe Petrov&Bobbitt PLLC Strawn & Richardson, P.C. Coats, Rose. Yale, Ryman & Lee. P.C. Johnson Radcliffe Petrov&Bobbitt PLLC Coats. Rose. Yale, Ryman & Lee, P.C Coats, Rose. Yale, Ryman & Lee. P.C. Smith. Murdaugh. Little & Bonham, LLP Coveler & Katz. P.C. David M. Marks. P.C. 14910 Aidine-Westfield Road P. O. Box 68 2401 Market 7008 S. Rice Avenue P.O.Box 1562 1700 First Street 1001 Fannin Street. Suite 2500 10300 Jones Road 600 Jefferson. Suite 780 1001 McKinney, Suite 1000 820 Gessner. Suite 1710 820 Gessner. Suite 1710 1001 McKinney Street, Suite 1000 770 South Post Oak Lane, Suite 410 3 Greenway Plaza, Suite 2000 1100 Louisiana Street. Suite 400 1001 McKinney, Suite 1000 602 Sawyer, Suite 205 3 Greenway Plaza, Suite 2000 1001 McKinney, Suite 1000 3 East Greenway Plaza, Suite 2000 3 Greenway Plaza. Suite 2000 P.O. Box 667517 4400 West 18th Street, 1SEO1 7200 Spring-Cypress Road 6010 Little York 1100 Louisiana Street, Suite 400 955 Campbell Road 16717 Ella Blvd. 820 Gessner, Suite 1710 2001 Kirby Drive