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Ordinance No. 10,843ORDINANCE NO. 10,843 ® 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 AND THE LEE COLLEGE DISTRICT FOR THE GENERAL AND SPECIAL ELECTIONS TO BE HELD ON THE 10TH DAY OF MAY, 2008; 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 Interim City Clerk to attest to a Joint Election Agreement with the Goose Creek Consolidated Independent School District and the Lee College District for the general and special elections to be held on the 10th day of May, 2008. 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 his the 28th day of February, 2008. V: VIN KN Citsl,Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., City orney the City Council of the City H. DONCARLOS, Mayor R: \KarenTilcs \City Cou116 l \Ordinances \2008Tebruary 28\ JointElectionABreementOrdinance2008 .doc Exhibit "A" JOINT ELECTION AGREEMENT ® STATE OF TEXAS § COUNTY OF HARRIS S THIS JOINT ELECTION AGREEMENT (the "Agreement ") is made and entered into effective this day of , 2008, by and between the City of Baytown, a municipal corporation located in Harris and Chambers Counties, Texas (the "City "), the Goose Creek Consolidated Independent School District, a school district servicing portions of Harris and Chambers Counties, Texas (the "School'), and the Lee College District, a community college district servicing portions of Harris and Chambers Counties, Texas (the "District ") 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, THE BOARD OF TRUSTEES OF THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, AND THE BOARD OF REGENTS OF THE LEE COLLEGE 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. 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 utilize voting methods approved by the Secretary of State and/or the laws of the State of Texas. III. I_IN Each Party shall for its own election to be held on May 10, 2008: 1. conduct candidate filings, 2. conduct drawings for places on its ballot, 3. appoint j udges and clerks, 4. post its own election notices, 5. receive campaign finance reporting, 6. conduct early voting by personal appearance at its own facility, 7. canvass its election returns, and 10. take any other actions required of the entity by the Texas Election Code. ® B. Provided that the School holds an election on May 10, 2008, the School shall for the elections of the Parties to be held on May 10, 2008: 1, arrange for printing of ballots and rental of election polling place equipment and election tabulating equipment, 2. arrange for election supplies and printing, in English, Spanish, and Vietnamese. Such election supplies shall include, but not be limited to, all forms, signs, and other materials used by the election judges at the polling places, 3. conduct early voting by personal appearance at the District's Administration Building located at 4544 Interstate 10 East, 4. compensate judges and clerks, and 5. publish election notices for all of the Parties. C. The City shall for the elections of the Parties to be held on May 10, 2008: 1. receive and process applications for early voting ballot by mail, and 2. conduct early voting by personal appearance at City Hall, located at 2401 Market Street as well as at the Chambers County Community Building -Cedar ® Bayou Annex, located at 7711 Highway 146 Joint Election Agreement, Page 2 Should the School not hold an election on May 10, 2008, the City shall also for its election as well as for the election of the District: ® 1. conduct early voting by personal appearance at the School's Administration Building for the District and the City; 2. arrange for printing of ballots and rental of election polling place equipment and election tabulating equipment, 3. arrange for election supplies and printing, in English, Spanish, and Vietnamese. Such election supplies shall include, but not be limited to, all forms, signs, and other materials used by the election judges at the polling places, 4. compensate judges and clerks, and 5. publish election notices for both the District and the City. W The District shall for the elections of the Parties to be held on May 10, 2008, conduct early voting by personal appearance at the District's Administration Building, 909 Decker Drive. Should the District not conduct an election on May 10, 2008, branch early voting at the District's Administration Building shall not be conducted at that location. IV. The 2008 joint election shall be conducted at the election precincts described on Exhibit �1 "A" attached hereto and incorporated by reference herein for all intents and purposes. The early voting place for the City shall be at Baytown City Hall with branch early voting at the School Administration Building, the District's Administration Building and Chambers County Community Building -Cedar Bayou Annex. The early voting place for the School shall be the School District Administration Building with branch early voting at Baytown City Hall, the District's Administration Building and Chambers County Community Building -Cedar Bayou Annex. The early voting place for the District will be in the District's Administration Building with branch early voting at the School's Administration Building, the Baytown City Hall, and Chambers County Community Building -Cedar Bayou Annex. Should the District not conduct an election on May 10, 2008, branch early voting at the District's Administration Building shall not be conducted. The City shall conduct elections for City Council Districts Four (4), Five (5), and Six (6), the proposition regarding reauthorizing the local sales and use tax for maintenance and repair of municipal streets. The School shall conduct elections for School Trustee District three (3), six (6) and seven (7). The District shall conduct an election for three (3) Lee College Regents. Should any Party not be required to hold an election, notice of such shall be delivered to the other Parties as provided in Article VII herein, and the other Parties may conduct its election without involvement of the Party providing notice. V. A. The Parties 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. Joint Election Agreement, Page 3 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 three of the Parties hereto hold a joint election, the cost of the election personnel utilized by'such Parties shall be divided by three. 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. The Parties agree that judges and clerks shall be compensated at the rate of THIRTEEN AND NO /100 DOLLARS ($13.00) per hour and TEN AND NO /100 DOLLARS ($10.00) per hour, respectively. No judge or clerk shall be paid for more than one hour of work before the polls open and no period of time subsequent to two hours after the voting is concluded by all voters offering themselves for voting during regular voting hours, whichever is later. The election judges shall also receive $10.00 per hour for attending training and $25.00 for picking up election supplies. 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 the election school. Each Party will be responsible for its proportionate share of the cost of such school. C. Conunon 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. The School or the City, as appropriate, shall invoice the other Party(ies) for their 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 May 10, 2008 election to review the administration and expenses of the J oint 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 (30th) 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 the rate specified in Section 2251.025 of the Texas Government Code. Should the City be involved in a joint election, the City shall be the fiscal agent for the collection of funds and the payment of personnel jointly utilized by the Parties to 40 the election. Joint Election Agreement, Page 4 vii. Should a governing body of a Party hereto cancel an election pursuant to Section 2.051, et seq. of the Texas Election Code or enjoined from holding an election, such Party must send written notice of such cancellation to the 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 be responsible for its share of the costs and expenses through the cancellation date, , 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 the Parties shall be responsible for the proportionate share of the expenses paid up to the date of the cancellation. VIII. All records of the joint election are to be maintained by the Parties. The presiding judges shall bring the election returns, and supplies to the central counting station at the School's Administration Building immediately after the polls close on- election day. Should the School not hold an election on May 10, 2008, the presiding judges shall bring the election returns and supplies to City Hall immediately after the polls close on election day. IX. ® 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. X. This Agreement shall be in effect from and after the date of execution. /rA 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: LITST=COTSTS 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 5 CITY City of Baytown Attn: City Manager Garrison C. Brumback P.O. Box 424 Baytown, TX 77522 -0424 Fax: (281) 420 -6586 1)T4TR T('T Lee College District. Attn: President Dr. Martha Ellis P.O. Box 818 Baytown, TX 77522 -0818 Fax: (281) 425 -6555 XII. 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. XIII. 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. XIV. 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 frill force and effect. XV. 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 the Parties hereto. XVI. (0 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 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers this the day of , 2008. CITY OF BAYTOWN: ATTEST: Signature Signature Printed Name Printed Name Title Title GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT: ATTEST: ah Signature Signature Printed Name Printed Name Title Title LEE COLLEGE DISTRICT: ATTEST: Signature Signature Printed Name Printed Name Title Title IZ:\ Karen \Piles \Contracts \.loint Election Agreements \Joint Dee tionAgreement2008C1ean .doe Joint Election Agreement, Page 7