CCPD Resolution No. 3 RESOLUTION NO. 3
A RESOLUTION OF THE TEMPORARY BOARD OF DIRECTORS OF THE
BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT,
AUTHORIZING A JOINT ELECTION AGREEMENT WITH THE CITY OF
BAYTOWN AND THE BAYTOWN FIRE CONTROL, PREVENTION AND
EMERGENCY MEDICAL SERVICES DISTRICT, CONCERNING THE
ELECTIONS TO BE HELD ON MAY 13, 2006; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT RESOLVED BY THE TEMPORARY BOARD OF DIRECTORS OF THE
BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT:
Section 1: That the Temporary Board of the Baytown Crime Control and Prevention
District hereby authorizes the General Manager to execute and the Assistant Secretary to attest to a
joint election agreement with the Baytown Fire Control, Prevention and Emergency Medical
Services District and the City of Baytown for the elections to be held on the 13th day of May,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 resolution shall take effect immediately from and after its passage by
the Temporary Board of Directors of the Baytown Crime Control and Prevention District.
INTRODUCED,READ and PASSED by the affirmative vote of the Temporary Board of the
Baytown Crime Control and Prevention District this the 9`h day of March, 2006.
, r
CALVIN MUNDINGER, Challfman
Temporary Board of Directors
AT
LORRI OOD ,Assistant Secretary
APPROVED AS TO FORM:
111IJ�
NACIO RAMIREZ, SR eneral Counsel
RAKaren\Files\City Council\Crime Control&Prevention District\2006UointElectionAgmementwithCity&FCPEMSD.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 , 2006, by and between the City of
Baytown, a municipal corporation located in Harris and Chambers Counties, Texas (the "City"),
the Baytown Crime Control and Prevention District, pursuant to the terms of Chapter 363 of the
Texas Local Government Code (the "CCPD"), and the Baytown Fire Control, Prevention and
Emergency Medical Services District, pursuant to the terms of Chapter 344 of the Texas Local
Government Code (the "FCPEMSD"), collectively referred to herein as the "Parties."
WITNESSETH
WHEREAS, the elections ordered by the governing bodies of the Parties hereto are to be
held on the same day; and
WHEREAS, such Parties desire to hold such elections jointly, as hereinafter specified, by
using common polling places and election officers pursuant to Chapter 271 of the Texas Election
Code; and
WHEREAS, holding joint elections will facilitate the orderly conduct of the elections of
the Parties since the location of the polling places for the voting precincts adequately and
conveniently serves the affected voters of the Parties; and
WHEREAS, by utilizing the services of the same election judges in the joint elections
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 TEMPORARY BOARD OF THE BAYTOWN CRIME CONTROL AND PREVENTION
DISTRICT, AND THE TEMPORARY BOARD OF THE BAYTOWN FIRE CONTROL,
PREVENTION AND EMERGENCY MEDICAL SERVICES DISTRICT AGREE AS
FOLLOWS:
1.
Since the regular or special elections ordered by the governing bodies 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. 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.
The FCPEMSD and the CCPD shall be responsible to establish the ballot language and
canvass the election returns for their respective elections. Subject to Sections 344.062 and
363.062 of the Texas Local Government Code regarding the financing of the creation of the
FCPEMSD and the CCPD, the City on behalf of the FCPEMSD and the CCPD shall:
1. arrange for election supplies and for their printing in English, Spanish, and
Vietnamese;
2. cause to have prepared the necessary bilingual materials for the ballot and the
requisite notices;
3. arrange for printing of ballots in English, Spanish, and Vietnamese and rental of
election polling place equipment and election tabulating equipment;
4. compensate judges and clerks appointed;
5. post and publish election notices;
6. distribute,receive and process applications for early voting ballot by mail;
7. conduct early voting and election day voting; and
8. take any other actions required by the Texas Election Code.
IV.
The 2006 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 FCPEMSD and the CCPD shall be at Baytown City Hall. Branch early
voting shall be held at the Administration Building of the Goose Creek Consolidated
Independent School District (the "District") in accordance with the Joint Election Agreement
between the City and the District if the District holds an election on May 13, 2006.
V.
A.
The City, the FCPEMSD, and the CCPD shall share polling locations and appoint the
same persons as election judges and alternate election judges. Each entity shall maintain the
forms and records of its election and shall serve as the general custodian of records for its
election.
Subject to Sections 344.062 and 363.062 of the Texas Local Government Code, the
FCPEMSD and the CCPD will each be responsible for its proportionate share of the payroll costs
(01,111 paid by the City for the election personnel jointly utilized by the Parties. For instance, if the
City. the FCPEMSD and the CCPD hold a joint election, the City's cost of the election personnel
utilized by both 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.
Joint Election Agreement. Page 2
B.
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. Subject to Sections 344.062 and 363.062 of the Texas Local Government
Code, each Party will be responsible for its proportionate share of the cost of such school.
C.
Subject to Sections 344.062 and 363.062 of the Texas Local Government Code, common
expenses of the joint election incurred by the City 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 Parties shall meet following the 2006
election to review the administration and expenses of the joint election.
VI.
All payments required by the City pursuant to this Agreement shall be made from the
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 (3011)
day after a Party receives an invoice for such expense or after the first quarter in which the
FCPEMSD or the CCPD receives sales and use tax from the state, 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. 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.
VI1.
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.
Vll.
This Agreement shall be in effect from and after the date of execution.
IX.
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.
Joint Election Agreement.Page 3
X.
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 County, Texas.
XI.
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.
i1
MI.
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.
XIII.
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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to,be executed
by their authorized officers this the day of ,2006.
CITY OF BAYTOWN: ATTEST:
Signature Signature
Printed Name Printed Name
Title Title
Joint Election Agreement.Page 4
BAYTOWN 1;IRE CONTROL,
PREVENTION,AND EMERGENCY
MEDICAL SERVICES DISTRICT: ATTEST:
Signature Signature
Printed Name Printed Name
Title Title
BAYTOWN CRIME CONTROL AND
PREVENTION DISTRICT: ATTEST:
Signature Signature
l'
Printed Name Printed Name
Title Title
RAKarenWilesTontractslloint Election AgreementsVointElectionAgreement2oo6CCPD.doc
Joint Election Agreement,Page 5