Ordinance No. 11,564ORDINANCI-l' No. 11,564
AN ORDINANCF'OFTHE CITY C,()t.,JNCII,, OF THE CITY Of"BAYTOWN,
TEXAS, AUJI-IORIZING A JOINT FLFICTION AGRI"'EMENT NVITH THIS
GOOSI"CREEK CONS(LIDATI,"ID INI')EI)t:NE)]-"IN'I'SCI-IOOL DISTRICT,-FlIE"
BAYTOWN CRIME CONTROL AND PRF VENTION DISTRK."T, AND TFIF'
BAY'FO\A,'N FIRE ' CONTR( I )L, PREVFNTION, AND ENIERGENCY M[1--DICAL
St"'RVICES DISTRICTFORTI-11", GFNFRAL, AND SPECIAL ELF"'CTIONSTO 131'
Ill"LD ON 14""' DAY OF' MAY. 2011; AND PROV[DING FOR TI-IF
EFFECTIVE" DA 11 TI J f","' RE(; F,
BE rr ORDAINID BY THE CITY COUNCIL OFTHE CITY Ol`BAY`F0\AINTF'XAS:
Section 1: That the City Council ot'llie City, oMaytown,"I'exas, hereby authorizes the
City y Manager to execuleand the City Clerk tai attest t0a Joint Election Agrcemetit with the Goose
', C
reek onsolidated Independent School District, the Baytown Cr C
ime ontrol and Prevention
District, mid the Baytown fire Control. Prevention, and Emergency Mcdical Services District for the
general and special elections to be held oil the 14'1, day of May, 2011. A copy, of'said agreement is
1 11 se,
attached hereto, marked Exhibit "A" and made a part hercoi'Forall intents and PL r 0 S
Section 2: This ordinance shall take eflect inunc(liately I't-on-i -and after its passage by the
City Council ot'llie City of'Baytown,
INTRODUCED, READ, and PASSI," 1) by the affirmative vote gfihe City Council ol'the City
ol'Bayto-wri this the 10"' clay of']`ebrum , 2011
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Exhibit "A"
JOINT ELECTION AGREEMENT
STATE OF TEXAS
COUNTY OF HARRIS
THIS JOINT ELECTION AGREEMENT (the "Agreement ") is made and entered into
effective this _ day of February, 2011, 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 "), the Baytown Crime Control and Prevention District
(the "CCPD "), a political subdivision located in Harris and Chambers Counties, Texas, and the
Baytown Fire Control, Prevention, and Emergency Medical Services District, a political
subdivision located in Harris and Chambers Counties, Texas (the "FCPEMSD "), 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, THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND
PREVENTION DISTRICT AND THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE
CONTROL, PREVENTION AND EMERGENCY MEDICAL SERVICES DISTRICT AGREE
AS FOLLOWS:
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.
A.
Each Party shall for its own election(s) to be held on May 14, 2011:
1. conduct candidate filings,
2. conduct drawings for places on its ballot,
3. appoint judges and alternates,
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.
Provided that the School holds an election on May 14, 2011, the School shall for the
elections of the Parties to be held on May 14, 2011:
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 School'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 14, 2011:
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 14, 2011, the City shall also for its election as
well as for the election of the CCPD and the FCPEMSD:
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 the CCPD, the FCPEMSD and the City.
IV.
The 2011 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. The early
voting place for the City, the CCPD and the FCPEMSD shall be at Baytown City Hall with
branch early voting at the School 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, and Chambers
County Community Building -Cedar Bayou Annex. The City shall conduct elections for City
Council Districts Four (4), Five (5), and Six (6) and the special recall election ordered by the
City Council to be submitted to the electors in District No. Two (2). The School shall conduct
elections for School Trustee Districts Three (3), Six (6) and Seven (7). The CCPD and the
FCPEMSD each shall conduct a continuation election. Should the School 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 their elections without involvement of the School.
0
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.
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
Joint Election Agreement, Page 3
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 delivering
election records and supplies.
11.3
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 judges, alternate judges and other appropriate 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.
IV
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. 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 14, 2011 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`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 the rate specified in Section 2251.025 of the Texas
Government Code. Should the School be involved in a joint election, the School shall be the
fiscal agent for the collection of funds and the payment of personnel and equipment jointly
utilized by the Parties to the election. Should the School not be involved in a joint election, the
City shall be the fiscal agent for the collection of funds and the payment of personnel and
equipment jointly utilized by the Parties to the election, except for those contracts entered into by
the School which are not assigned to the City.
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
Joint Election Agreement. Page 4
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 14, 2011, the presiding judges shall bring the election returns and
supplies to the central counting station at the Baytown 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.
XI.
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. Toby York
P.O. Box 30
Baytown, TX 77522
Fax: (281) 420 -4815
CITY
City of Baytown
Attn: City Manager
Robert D. Leiper
P.O. Box 424
Baytown, TX 77522 -0424
Fax: (281) 420 -6586
Joint Election Agreement, Page 5
CCPD
Baytown Crime Control and Prevention District
Attn: General Manager
Robert D. Leiper
P.O. Box 424
Baytown, TX 77522 -0424
Fax: (281) 420 -6586
FCPEMSD
Baytown Fire Control, Prevention, and Emergency Medical Services District
Attn: General Manager
Robert D. Leiper
P.O. Box 424
Baytown, TX 77522 -0424
Fax: (281) 420 -6586
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 full 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.
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 , 2011.
CITY OF BAYTOWN: ATTEST:
Signature
Printed Name
Title
GOOSE CREEK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT:
Signature
Printed Name
Signature
Printed Name
Title
ATTEST:
Signature
Printed Name
Title Title
BAYTOWN CRIME CONTROL AND ATTEST:
PREVENTION DISTRICT:
Signature Signature
Printed Name
Title
Joint Election Agreement, Page 7
Printed Name
Title
BAYTOWN FIRE CONTROL, ATTEST:
PREVENTION, AND EMERGENCY MEDICAL
SERVICES DISTRICT:
Signature
Printed Name
Title
Signature
Printed Name
Title
R:1Karen\Files1ContmctsVoint Election AgmmcntsVointE [ectionAgreementMay201 l.doc
Joint Election Agreement, Page 8
Exhibit "A"
LOCATION OF POLLING PLACES
ELECTION DAY
May 14, 2011
PRECINCT
LOCATION
011 /005 (Consisting of that portion of Chambers County Voting
Chambers County Community Building- -Cedar
Precinct Nos. 011 and 005 within the City of Baytown; Goose Creek
Bayou Annex,
771 I Highway 146, Baytown, Texas 77520
CISD; Baytown Crime Control and Prevention District; and Baytown
Fire Control, Prevention, and Emergency Medical Services District
boundaries
012/533 (Consisting of that portion of Harris County Voting
John M. Stuart Career Center
Precinct Nos. 012 and 533 within the City of Baytown; Goose Creek
300 YMCA Drive, Baytown, Texas 77521
CISD; Baytown Crime Control and Prevention District; and Baytown
Fire Control, Prevention, and Emergency Medical Services District
boundaries
013 (Consisting of that portion of Harris County Voting Precinct No.
William B. Travis Elementary School
013 within the Goose Creek CISD; Baytown Crime Control and
100 Robin Road, Baytown, Texas 77520
Prevention District; and Baytown Fire Control, Prevention, and
Emergency Medical Services District boundaries
028/739 (Consisting of that portion of Harris County Voting
Raintree Apartments
Precinct Nos. 028 and 739 within the City of Baytown; Goose Creek
3300 Rollingbrook Drive, Baytown, Texas 77521
CISD; Baytown Crime Control and Prevention District; and Baytown
Fire Control, Prevention, and Emergency Medical Services District
boundaries)
099 (Consisting of that portion of Harris County Voting Precinct No.
Sterling Municipal Library
099 within the City of Baytown, Goose Creek CISD; Baytown Crime
Mary Elizabeth Wilbanks Ave., Baytown, Texas
77520
Control and Prevention District; and Baytown Fire Control, Prevention,
and Emergency Medical Services District boundaries
100 (Consisting of that portion of Harris County Voting Precinct No.
St. John's Methodist Church
100 within the City of Baytown; Goose Creek CISD; Baytown Crime
501 South Alexander Dr., Baytown, Texas 77520
Control and Prevention District; and Baytown Fire Control, Prevention,
and Emergency Medical Services District boundaries
102 Consisting of that portion of Harris County Voting Precinct No.
San Jacinto Elementary School
102 within the Baytown Crime Control and Prevention District; and
2615 Virginia, Baytown, Texas 77520
Baytown Fire Control, Prevention, and Emergency Medical Services
District boundaries
248 (Consisting of that portion of Harris County Voting Precinct No.
George W. Carver Elementary School
248 within the City of Baytown; Baytown Crime Control and Prevention
600 South Pruett, Baytown, Texas 77520
District; and Baytown Fire Control, Prevention, and Emergency Medical
Services District boundaries
249 (Consisting of that portion of Ham s County Voting Precinct No.
Lorenzo De Zavala Elementary School
249 within the City of Baytown; Goose Creek CISD; Baytown Crime
305 Tri•City Beach Road, Baytown, Texas 77520
Control and Prevention District; and Baytown Fire Control, Prevention,
and Emergency Medical Services District boundaries
250 (Consisting of that portion of Harris County Voting Precinct No.
Harlem Elementary School
250 within the Baytown Crime Control and Prevention District and
3333 Interstate 10 East, Baytown, Texas 77520
Baytown Fire Control, Prevention, and Emergency Medical Services
District boundaries
386 (Consisting of that portion of Hams County Voting Precinct No.
George Gentry Junior School
386 within the City of Baytown; Goose Creek CISD; Baytown Crime
1919 Cast Archer Road, Baytown, Texas 77521
Control and Prevention District; and Baytown Fire Control, Prevention,
and Emergency Medical Services District boundaries
387/063 (Consisting of that portion of Harris County Voting
Highlands Elementary School
Precinct Nos. 387 and 063 within Goose Creek CISD; Baytown Crime
200 E. Wallisville Road, Highlands, Texas 77562
Control and Prevention District; and Baytown Fire Control, Prevention,
and Emer enc Medical Services District boundaries
414 (Consisting of that portion of Harris County Voting Precinct No.
Cedar Bayou Junior School
Ala within the City of Baytown; Goose Creek CISD; Baytown Crime
2610 Elvinta, Baytown, Texas 77520
Control and Prevention District; Baytown Fire Control, Prevention, and
Emergency Medical Services District boundaries)
456/103/740 (Consisting of that portion of Harris County Voting
Ross S. Sterling High School
Precinct Nos. 456/103/740 within the City of Baytown. Goose Creek
300 W. Balser Road, Baytown, Texas 77521
CISD; Baytown Crime Control and Prevention District; and Baytown
Fire Control, Prevention, and Emergency Medical Services District
boundaries
532 (Consisting of that portion of Harris County Voting Precinct No.
James Bowie Elementary School
532 within the City of Baytown; Goose Creek CISD; Baytown Crime
2200 Clayton Drive, Baytown, Texas 77520
Control and Prevention District; and Baytown Fire Control, Prevention,
and Emergency Medical Services District boundaries