2009E31-ElectionORDINANCE NO. 09-E-31
AN ORDINANCE CALLING ANON-BINDING REFERENDUM TO BE
HELD IN THE CITY OF SCHERTZ, TEXAS ON NOVEMBER 3, 2009
CONCERNING THE CITY'S CURBSIDE RECYCLING PROGRAM;
MAKING PROVISION FOR THE CONDUCT OF THE NON-BINDING
REFERENDUM; AND RESOLVING OTHER MATTERS INCIDENT AND
RELATED THERETO
WHEREAS, the City of Schertz, Texas (the "City") has, pursuant to anon-binding
referendum conducted on May 7, 1994, operated a recycling collection program in the City (the
"Recycling Program") with an added cost for each residential customer for the Recycling
Program of $1.25 per month; and
WHEREAS, the City Council (the "Council") has determined that the cost of operating
the Recycling Program exceeds the revenues generated by the Recycling Program; and
WHEREAS, the Council proposes to discontinue the Recycling Program unless the City
is authorized by the qualified voters of the City in anon-binding referendum to continue the
Recycling Program with the monthly cost per residential customer being established from time to
time by the Council; and
WHEREAS, the Council hereby finds and determines that holding the proposed non-
binding referendum on the next uniform election date is in the best interests of the citizens of the
City; and
WHEREAS, the City Secretary shall post and publish all required notices of the
referendum as required by applicable law; and
WHEREAS, the Council hereby finds and determines that it is in the best interests of the
citizens of the City to submit, for guidance from the qualified voters of the City, the possible
continuation of the Recycling Program as described herein, at the earliest possible date, in order
for the Council to be advised of the wishes of the citizens of the City; now, therefore,
THAT:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
SECTION 1. Anon-binding referendum shall be held on November 3, 2009, the next
uniform election date, which date is not less than thirty (30) days after the date of the final
adoption of this ordinance (this "Ordinance") The official ballots for the non-binding referendum
shall be prepared in accordance with the Texas Election Code, as amended, so as to permit the
qualified voters of the City to vote "Yes" or "No" for the proposition which shall appear on the
ballot substantially as provided below. On the date of the non-binding referendum, the following
proposition shall be submitted to the qualified voters of the City:
50229403.2
Recycling Program Proposition No. 1
"Do you want the City to continue a curbside recycling program
and to allow the City Council to set the pick-up frequency and
cost?"
Yes No
SECTION 2. Pursuant to Section 61.012, as amended, Texas Election Code, the City
shall provide at least one accessible voting system in each polling place used in the referendum.
Such voting system shall comply with Texas and federal laws establishing the requirement for
voting systems that permit voters with physical disabilities to cast a secret ballot. Touch screen
machines maybe used for early voting and election day voting by personal appearance. Certain
early voting may be conducted by mail. The Election Administrator shall also utilize a Central
Counting Station (the "Station") as provided by Section 127.001, et seq., as amended, Texas
Election Code. Ms. Sue Basham, the Elections Administrator of Guadalupe County, has been
appointed as the Manager and Presiding Judge of the Station, and she may appoint Station clerks
and establish a written plan for the orderly operation of the Station in accordance with the
provisions of the Texas Election Code. The Election Administrator has appointed Rick Arroues
as the Tabulation Supervisor and Sue Basham as the Programmer for the Station. Lastly, the
Election Administrator will publish notice and conduct testing on the automatic tabulation
equipment relating to the Station and conduct instruction for the officials and clerks for the
Station in accordance with the provisions of the Texas Election Code.
SECTION 3. The City election precincts established for this referendum shall be the
precincts named on Exhibit A attached hereto. For this referendum, the City will utilize the same
polling locations used by Bexar County, Texas, Comal County, Texas, and Guadalupe County,
Texas for the November 3, 2009 election. A list of the City election precincts and the polling
places designated for each such election precinct are identified on Exhibit A to this Ordinance,
and this Exhibit is incorporated by reference for all purposes. The polling places designated on
Exhibit A are subject to change by action of the Bexar County Commissioners Court, the Comal
County Commissioners Court, and/or the Guadalupe County Commissioners Court. At least 63
days prior to the scheduled referendum date, the Council, in coordination with the Elections
Administrator, will identify and formally approve the appointment of the Presiding Judges,
Alternate Presiding Judges, Election Clerks, and all other officials for this referendum.
Each Presiding Judge shall appoint not less than two (2) resident qualified voters of the
County to act as clerks to properly conduct the referendum. However, if the Presiding Judge
appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. The
appointment of such clerks may include a person fluent in the Spanish language to serve as a
clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the
day of the referendum. In the absence of the Presiding Judge named above, the Alternate
Presiding Judge shall perform the duties of the Presiding Judge.
50229403.2 -2-
The referendum shall be held in the City as prescribed by applicable law and, on the day
of the referendum, the polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m.
The Guadalupe County Elections Office, 1101 Elbel Road, Schertz, Texas 78154, is
hereby designated as the main early voting place at which early voting shall be conducted.
Ms. Sue Basham, the Elections Administrator of Guadalupe County (whose mailing address is
Post Office Box 1346, Seguin, Texas 78156), is hereby appointed as the Early Voting Clerk to
conduct such early voting in the referendum. The Early Voting Clerk shall appoint not less than
two (2) Deputy Early Voting Clerks in accordance with the provisions of the Texas Election
Code. Early voting shall be conducted on the dates and at the times, and at the locations,
identified in Exhibit B hereto, and this Exhibit is incorporated herein by reference for all
purposes.
An Early Voting Ballot Board is hereby established for the purpose of processing early
voting results. Sylvia Marmalejo is appointed the Presiding Judge of the Early Voting Ballot
Board. The Presiding Judge shall appoint not less than two (2) nor more than ten (10) resident
qualified voters of the County to serve as members of the Early Voting Ballot Board.
SECTION 4. All resident qualified voters of the City shall be permitted to vote at the
referendum and, on the day of the referendum, such voters shall vote at any one of the designated
polling places. The referendum shall be held and conducted in accordance with the provisions of
the Texas Election Code, as amended, and the provisions of Texas Revised Civil Statutes,
Chapter 1 of Title 22, as amended, and as may be required by any other law. All referendum
materials and proceedings shall be printed in both English and Spanish.
SECTION 5. The anticipated fiscal impact of conducting the referendum and
implementing the results of the referendum if approved by the voters in such referendum is
currently estimated to be $8,425.
SECTION 6. A substantial copy of this Ordinance shall serve as a proper notice of the
referendum. This notice, including a Spanish translation thereof, shall be posted at the City Hall
not less than twenty-one (21) days prior to the date the referendum is to be held, and be
published in a newspaper of general circulation in the City, on the same day in each of two
successive weeks with the first publication occurring not less than fourteen (14) full days prior to
the day of the referendum.
SECTION 7. A substantial copy of this Ordinance shall serve as a proper notice of the
election and referendum. This notice, including a Spanish translation thereof, shall be posted on
the bulletin board used for posting notices of the meetings of the Council at least twenty one (21)
days prior to the date the election and referendum is to be held, and shall be published once in a
newspaper of general circulation in the City not more than thirty (30) days, and not less than ten
(10) full days prior to the day of the election and referendum.
SECTION 8. The Council hereby authorizes the City Manager or the Mayor to enter
into (a) an election administration contract with the Guadalupe County Elections Administrator
and (b) a Joint Election Agreement with the City of Selma, in substantially the forms attached
50229403.2 -3 -
hereto as Exhibits C and D, respectively, with the final versions of such agreements to be
approved by the City Manager and the City Attorney.
SECTION 9. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a
part of the judgment and findings of the Council.
SECTION 10. All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
ordered herein.
SECTION 11. This Ordinance shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 12. If any provision of this Ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision to other persons and circumstances shall nevertheless be valid, and this
Council hereby declares that this Ordinance would have been enacted without such invalid
provision.
SECTION 13. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, Texas Government Code, as amended.
PASSED AND APPROVED, on first reading, this the 4th day of August, 2009.
PASSED AND APPROVED, on final reading, this the 11th day of August, 2009.
ATTEST:
City Secretary
(CITY SEAL)
CITY OF S ERTZ, TEXAS
Mayor
50229403.2 -4-
EXHIBIT A
City Election Precinct Pollin Pg laces
Coterminous with the corporate boundaries GUADALUPE COUNTY:
of the City of Schertz, Texas Schertz Community Center
1400 Schertz Parkway
Building #3
Schertz, Texas
BEXAR COUNTY:
Judson High School (Gray Campus)
9695 Schaefer Road
Converse, Texas
Converse Economic Development Center
601 S. Seguin
Converse, Texas
COMAL COUNTY:
Jay F. Feibelman
Garden Ridge Community Center
21340 FM 3009
Garden Ridge, Texas
50229403.2 A-1
November 3, 2009 (3 de Noviembre 2009) oP~upe ~oG
°~~;, q ~ Constitutional Amendment Election (Election sobre enmiendas a la Constitution) Q y
~,`~`., `~j = ~ City of Schertz Special Election (Ciudad de Selma Election de Especial) ~ ~ ~
City of Selma Special Election (Ciudad de Selma Election de Especial) ~ Q
'\ ~:~, • ~~~ -` ~ City of Staples General Election (Ciudad de Selma Election de General) ~Gi .~~~`
Guadalupe County Groundwater Conservation District General Election
(Condado de Guadalupe, Distrito de Conservation de Aguas Subterrkneas Election de Especial)
LOCATIONS OF EARLY POLLING PLACES
VOTACION ADELANTADA EN PERSONA SE LLEVARA A CABO
Seguin Elections Office Monday, Oct. 19, 2009 thru
215 S. Milam St. Friday, Oct. 30, 2009
Seguin, TX 78155 8:00 a.m. to 5:00 p.m.
Saturday, Oct. 24, 2009
10:00 a.m. to 4:00 p.m.
Monday, Oct. 26, 2009 thru
Friday, Oct. 30, 2009
7:00 a.m. to 7:00 p.m.
Schertz Elections Office Monday, Oct. 19, 2009 thru
1101 Elbel Rd., Ste. 7 Friday, Oct. 30, 2009
Schertz, TX 8:00 a.m. to 5:00 p.m.
Saturday, Oct. 24, 2009
10:00 a.m. to 4:00 p.m.
Monday, Oct. 26, 2009 thru
Friday, Oct. 30, 2009
7:00 a.m. to 7:00 p.m.
St. Joseph's Mission Monday, Oct. 19, 2009
5093 Redwood Rd. 8:00 a.m. to 5:00 p.m.
San Marcos, TX Monday, Oct. 26, 2009
7:00 a.m. to 7:00 p.m.
Kingsbury Fire Station Tuesday, Oct. 20, 2009
1060 FM 1104 8:00 a.m. to 5:00 p.m.
Kingsbury, TX Saturday, Oct. 24, 2009
10:00 a.m. to 4:00 p.m.
Tuesday, Oct. 27, 2009
7:00 a.m. to 7:00 p.m.
Forest Hills Church Wednesday, Oct. 21, 2009
8251 FM 1117 8:00 a.m. to 5:00 p.m.
Seguin, TX Wednesday, Oct. 28, 2009
7:00 a.m. to 7:00 p.m.
719 FM 725 @ Klein Rd
lew Braunfels, TX
Thursday, Oct. 22, 2009
8:00 a.m. to 5:00 p.m.
Saturday, Oct. 24, 2009
10:00 a.m. to 4:00 p.m.
Thursday, Oct. 29, 2009
7:00 a.m. to 7:00 p.m.
8815 FM 775
New Berlin, TX
Friday, Oct. 23, 2009
8:00 a.m. to 5:00 p.m.
Friday, Oct. 30, 2009
7:00 a.m. to 7:00 p.m.
Lunes, 19 de Oct., 2009 hasta el
Viernes, 30 de Oct., 2009
de 8:00 de la manana a las 5:00 de la tarde
Sabado. 24 de Oct., 2009
de 10:00 de la manana a las 4.•00 de la tarde
Lunes, 26 de Oct., 2009 hasta el
Viernes, 30 de Oct., 2009
de 7:00 de la manana a las 7:00 de la tarde
Lunes, 19 de Oct., 2009 hasta el
Viernes, 30 de Oct., 2009
de 8:00 de la manana a las 5:00 de la tarde
Sabado. 24 de Oct., 2009
de 10:00 de la manana a las 4:00 de la tarde
Lunes, 26 de Oct., 2009 hasta el
Viernes, 30 de Oct., 2009
de 7.•00 de la manana a las 7:00 de la tarde
Lunes, 19 de Oct., 2009
de 8:00 de la manana a las 5:00 de la tarde
Lunes, 26 de Oct., 2009
de 7:00 de la manana a las 7:00 de la tarde
Martes, 20 de Oct., 2009
de 8:00 de la manana a las 5:00 de la tarde
Sabado. 24 de Oct., 2009
de 10:00 de la manana a las 4:00 de la tarde
Martes, 27 de Oct., 2009
de 7:00 de la manana a las 7:00 de la tarde
Miercoles, 21 de Oct., 2009
de 8:00 de la manana a las S: 00 de la tarde
Miercoles, 28 de Oct., 2009
de 7.•00 de la manana a las 7:00 de la tarde
Jueves, 22 de Oct., 2009
de 8:00 de la manana a las S: 00 de la tarde
Sabado. 24 de Oct., 2009
de 10:00 de la manana a las 4:00 de la tarde
Jueves, 29 de Oct., 2009
de 7:00 de la manana a las 7:00 de la tarde
Viernes, 23 de Oct., 2009
de 8:00 de la manana a las S: 00 de la tarde
Viernes, 30 de Oct., 2009
de 7:00 de la manana a las 7:00 de la tarde
EARLY VOTING BY MAIL:
Applications for voting by mail should be mailed to be received no earlier than Friday,
September 4, 2009, and no later than the close of business (5:00 p.m.) on Tuesday, October 27,
2009.
Applications should be mailed to:
Guadalupe County Elections Administrator
Attention: Sue Basham
P.O. Box 1346
Seguin, Texas 78156
50229403.2 B-2
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EXHIBIT C
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THE STATE OF TEXAS } ,~_ ~~;~~~,~~,'~;
COUNTY OFGUADALUPE} 1`~~',f`~r~ ~~,,;';.4
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CONTRACT FOR ELECTION SERVICES
THIS CONTRACT made by and between Guadalupe County, a body corporate and
politic under the laws of the State of Texas, hereinafter referred to as "County," and City of
Schertz, hereinafter referred to as "Political Subdivision," pursuant to Texas Election Code
Sections 31.092(a) for an election to be held on November 3, 2009, and to be administered by
Sue Basham, Elections Administrator, hereinafter referred to as "Elections Administrator".
Said Political Subdivision is holding a Special Election, at their expense on November 3,
2009.
The County owns an electronic voting system, the Premier Election Solutions Touch
Screens for Early Voting and Election Day voting and Premier Election Solutions Optical Scan
for paper mail ballots, which has been duly approved by the Secretary of State pursuant to Texas
Election Code Chapter 122 as amended, and is compliant with the accessibility requirements set
forth by Texas Election Code Section 61.012. Political Subdivision desires to use the County's
electronic voting system and to compensate the County for such use.
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and
benefits to the parties, IT IS AGREED as follows:
I. ADMINISTRATION
The parties agree to hold a "Joint Election" in accordance with Chapter 271 of the Texas
Election Code and this agreement. The Elections Administrator of Guadalupe County shall
coordinate, supervise, and handle all aspects of administering the Election as provided in this
Contract. Political Subdivision agrees to pay Guadalupe County for equipment, supplies,
services, and administrative costs as provided in this Contract. The Elections Administrator shall
serve as the administrator for the Election; however, the Political Subdivision shall remain
responsible for the decisions and actions of its officers necessary for the lawful conduct of its
election. The Elections Administrator shall provide advisory services in connection with
decisions to be made and actions to betaken by the officers of the Political Subdivision.
It is understood that other political subdivisions may wish to participate in the use of the
County's electronic voting system and polling places, and it is agreed that Guadalupe County
and the Elections Administrator may enter into other contracts for election services for those
purposes on terms and conditions generally similar to those set forth in this contract. Political
Subdivision agrees that other political subdivisions that may have territory located partially or
wholly within the boundaries of Political Subdivision, and in such case all parties sharing
common territory shall enter into a Joint Election Agreement and share a joint ballot on the
50229403.2 C-1
county's electronic voting system at the applicable polling places. In such cases, costs shall be
divided among the participants.
At each polling location, joint participants shall share voting equipment and supplies to
the extent possible. The participating parties shall share a mutual ballot in those precincts where
jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot
containing an office or proposition stating a measure on which the voter is ineligible to vote.
Multiple ballot styles shall be available in those shared polling places where jurisdictions do not
overlap.
II. LEGAL DOCUMENTS
Political Subdivision shall be responsible for the preparation, adoption, and publication of
all required election orders, resolutions, notices, and any other pertinent documents required by
the Texas Election Code and/or Political Subdivision's governing body, charter, or ordinances.
Preparation of the necessary materials for notices and the official ballot shall be the
responsibility of the Political Subdivision, including translation to languages other than English.
Political Subdivision shall provide a copy of their election order and notice to the Elections
Administrator.
The Elections Administrator shall prepare a submission to the United States Department
of Justice for preclearance of the joint election procedures and polling places, pursuant to the
Voting Rights Act of 1965, as amended. This submission to the Department of Justice shall be
made on behalf of all political subdivisions participating in joint elections with Guadalupe
County on November 3, 2009. Each Political Subdivision shall prepare a submission to the
United States Department of Justice for preclearance of any Special Election or election
procedure changes, other than entering into a Joint Election Agreement or polling location
changes, pursuant to the Voting Rights Act of 1965, as amended.
III. VOTING LOCATIONS
The Elections Administrator shall arrange for the use of all Election Day voting locations.
Voting locations will be, whenever possible, the usual voting locations for Political Subdivision.
In the event a voting location is not available, the Elections Administrator will arrange for use of
an alternate location with the approval of the Political Subdivision.
If polling places are different from the polling place(s) used by Political Subdivision in
it's most recent election, Political Subdivision agrees to post a notice no later than the day before
the election, at the entrance to any previous polling places in the jurisdiction stating that the
polling location has changed and stating the political subdivision's polling place names and
addresses in effect for election.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Elections Administrator shall recommend election judges, alternate judges and clerks.
Upon request by the Elections Administrator, Political Subdivision agrees to assist in recruiting
polling place officials who are bilingual (fluent in both English and Spanish).
50229403.2 C-2
The Elections Administrator shall notify all election judges of the eligibility requirements
of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to
insure that all election judges appointed for the Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all
election judges and clerks. The Elections Administrator shall arrange for the date, time, and
place for presiding election judges to pick up their election supplies. Each presiding election
judge will be sent a letter from the Elections Administrator notifying him/her of their
appointment, the time and location of training and distribution of election supplies, and the
number of election clerks that the presiding judge may appoint.
Each election judge and clerk will receive compensation at an hourly rate established by
Guadalupe County pursuant to Texas Election Code Section 32.091. The election judge will
receive an additional sum of $25.00 for picking up the election supplies prior to Election Day
and for returning the supplies and equipment to the central counting station after the polls close.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment
including, but not limited to official ballots, sample ballots, voter registration lists, and all forms,
signs and other materials used by the election judges at the voting locations. The Elections
Administrator shall provide the necessary voter registration information, instructions, and other
information needed for the election. If special maps are needed for a particular Political
Subdivision, the Election Administrator will order the maps and pass that charge on to that
particular Political Subdivision.
Political Subdivision shall furnish the Elections Administrator a list of candidates and/or
propositions showing the order and the exact manner in which the candidate names and/or
proposition(s) are to appear on the official ballot (including titles and text in each language in
which the authority's ballot is to be printed). This list shall be delivered to the Elections
Administrator as soon as possible after ballot positions have been determined by each of the
participating authorities. Each participating authority shall be responsible for proofreading and
approving the ballot insofar as it pertains to that authority's candidates and/or propositions.
It is agreed by all parties that at all times and for all purposes hereunder, all election
judges, clerks, and all other personnel involved in this election are independent contractors and
are not employees or agents of the County or Political Subdivision. No statement contained in
this Contract shall be construed so as to find any judge, clerk, or any other election personnel an
employee or agent of the County or Political Subdivision, and no election personnel shall be
entitled to the rights, privileges, or benefits of County or Political Subdivision employees except
as otherwise stated herein, nor shall any election personnel hold himself out as an employee or
agent of the County or Political Subdivision, unless considered a county employee as determined
by the Guadalupe County Human Resources Department.
VI. EARLY VOTING
Political Subdivision agrees to appoint the Elections Administrator as the Early Voting
Clerk. Political Subdivision also agrees to appoint the Elections Administrator's permanent
50229403.2 C-3
county employees as deputy early voting clerks. Political Subdivision further agrees that the
Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of
early voting as necessary, and that these additional deputy early voting clerks shall be
compensated at an hourly rate set by Guadalupe County pursuant to Section 83.052 of the Texas
Election Code. Early Voting by personal appearance will be held at the locations, dates, and
times determined by Political Subdivision. Any qualified voter of the Election may vote early
by personal appearance at any one of the early voting locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early
voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election
Code. Any requests for early voting ballots to be voted by mail received by the Political
Subdivision shall be forwarded immediately by fax or courier to the Elections Administrator for
processing.
The Elections Administrator shall, upon request, provide the Political Subdivision a copy
of the early voting report on a daily basis and a cumulative final early voting report following the
election.
VII. EARLY VOTING BALLOT BOARD
Guadalupe County shall appoint an Early Voting Ballot Board (EVBB) to process early
voting results from the Election. The Presiding Judge, with the assistance of the Elections
Administrator, may appoint two or more additional members to constitute the EVBB. The
Elections Administrator shall determine the number of EVBB members required to efficiently
process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the
central counting station to receive and tabulate the voted ballots in accordance with the
provisions of the Texas Election Code and of this Contract.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and
127.005 of the Texas Election Code, appoint the following central counting station officials:
1. Counting Station Manager
2. Tabulation Supervisor
3. Presiding Judge
The Elections Administrator will prepare the unofficial canvass reports after all precincts
have been counted, and will deliver a copy of the unofficial canvass to the Political Subdivision
as soon as possible after all returns have been tabulated. All participating authorities shall be
responsible for the official canvass of their respective elections.
50229403.2 C-4
IX. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election.
Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared
according to a formula, which is based on the cost per polling place. Costs for polling places
shared by County, Political Subdivision, and other political subdivisions shall be divided
proportionately among the participants utilizing that polling place.
It is agreed that the normal rental rate charged for the County's voting equipment used on
Election Day shall be divided equally among the participants utilizing each polling location.
X. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Political Subdivision may withdraw from this Contract should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code, or should it be later ruled
that the election is not needed. Political Subdivision is fully liable for any expenses incurred by
Guadalupe County on behalf of Political Subdivision. Any monies deposited with the county by
the withdrawing authority shall be refunded, minus the aforementioned expenses.
XI. RECORDS OF THE ELECTION
Voted ballots and all records of the Election will be given to the Political Subdivision to
be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas
Elections Code. However, if the Political Subdivision enters into a Joint Election Agreement
with another political subdivision, the Elections Administrator is hereby appointed general
custodian of the voted ballots and all records of the Election as authorized by Section 271.010 of
the Texas Election.
Access to the election records shall be available to each participating authority as well as
to the public in accordance with applicable provisions of the Texas Election Code and the Texas
Public Information Act. The election records shall be stored at the offices of the Elections
Administrator or at an alternate facility used for storage of county records. The Elections
Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the
provisions of Section 66.058 of the Texas Election Code. If records of the election are involved
in any pending election contest, investigation, litigation, or open records request, the Elections
Administrator shall maintain the records until final resolution or until final judgment, whichever
is applicable. It is the responsibility of each participating authority to bring to the attention of the
Elections Administrator any notice of pending election contest, investigation, litigation or open
records request which maybe filed with the participating authority.
XII. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. Political
Subdivision agrees that any recount shall take place at the offices of the Elections Administrator,
and that the Elections Administrator shall serve as Recount Supervisor and the Political
50229403.2 C-5
Subdivision's official or employee who performs the duties of a secretary under the Texas
Election Code shall serve as Recount Coordinator.
The Elections Administrator agrees to provide advisory services to the District as
necessary to conduct a proper recount.
XIII. MISCELLANEOUS PROVISIONS
1. The Elections Administrator shall file copies of this document with the Guadalupe
County Treasurer and the Guadalupe County Auditor in accordance with Section 31.099 of the
Texas Election Code.
2. In the event that legal action is filed contesting Political Subdivision's election
under Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its
own expense, legal counsel for the County, the Elections Administrator, and additional election
personnel as necessary.
3. Nothing in this contract prevents any party from taking appropriate legal action
against any other party and/or other election personnel for a breach of this contract or a violation
of the Texas Election Code.
4. The parties agree that under the Constitution and laws of the State of Texas,
neither Guadalupe County nor Political Subdivision can enter into an agreement whereby either
party agrees to indemnify or hold harmless another party; therefore, all references of any kind, if
any, to indemnifying or holding or saving harmless for any reason are hereby deleted.
5. This Contract shall be construed under and in accordance with the laws of the
State of Texas, and all obligations of the parties created hereunder are performable in Guadalupe
County, Texas.
6. In the event of one of more of the provisions contained in this Contract shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision hereof and this Contract shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
7. All parties shall comply with all applicable laws, ordinances, and codes of the
State of Texas, all local governments, and any other entities with local jurisdiction.
8. The waiver by any party of a breach of any provision of this Contract shall not
operate as or be construed as a waiver of any subsequent breach.
9. Any amendments of this Contract shall be of no effect unless in writing and
signed by all parties hereto.
50229403.2 C-6
Ili TESTIMONY FIEREOF, this Contract, its multiple originals all of equal force, has
been executed on behalfof the parties hereto as follows, to-wit:
~. It has on this day of ~;~~,;.~~~~.~- _, 2009, been executed on behalf
of Cruadalupe County by the Elections Administrator pursuant to the Texas Election Code sa
authorizing; and
2. It has on this ~~- day of c~, 2009, been executed on behalf
of the Political Subdivision by its Presiding Of icer or uthorized representative, pursuant to an
action of the Political Subdivision so authorizing.
GIJADALUPE COUNTY, TEXt~.S
~''
SUE BASHAIvI
Elections Administrator
ATTEST:
City of Schertz:
Presiding Officer/Authorized Representative
sozzsaos.z C-7
EXIIIBIT II
JOINT AGREEMENT ELECTION AGREEMENT BETWEEN THE
CITY OF SCHERTZ, CITY OF SELMA...
This joint election agreement is made this 11th day of August, 2009, by and between the
City of Schertz, tlae City of Selr~ta (collectively "Entities" or "Participating Entities ").
WHEREAS, the City of Schertz plans to hold a Special Election on November 3,
2009 for the purpose ofcalling anon-binding referendum to be held in the City of
Schertz, Texas on November 3, 2009 concerning the City's curbside recycling
program; making provision for the conduct of the non-binding referendum; and
resolving other matters incident and related thereto; and
WHEREAS, the City of Selina plans to hold a Special Election on November 3, 2009,
for the purpose of calling a Bond Election to be held in the City of Selma, Texas on November 3,
2009 for the issuance of $2,000,000 of General Obligation Bonds for constructing, renovating,
designing, and equipping certain public facilities comprising the Harrison House and
Surrounding Property; and resolving other matters incident and related thereto; and
WHEREAS, Texas Election Code section 271.002 authorizes the governing bodies of
political subdivisions to enter into an agreement to hold joint elections in election precincts that
can be served by common polling places;
WHEREAS, the parties to this agreement serve voters within the same boundaries, and it
would be to the benefit of the City of Schertz, City of Selma and the citizens and voters thereof
to hold the elections jointly.
NOW, THEREFORE, IT IS AGREED that a joint election will be held by City of
Schertz, City of Selma under the following terms and conditions:
THIS AGREEMENT is subject to the written approval of all parties and shall not be
binding on the parties until such written approval is obtained.
THIS AGREEMENT will require the Guadalupe County Elections Administrator to be
appointed the 3oint Early Voting Clerk.
THIS AGREEMENT requires the City of Schertz, the City of Selma to use joint ballots.
THIS AGREEMENT requires the City of Schertz, the City of Selma to share costs
associated with this joint election proportionally where polling places are shared by more than
one entity.
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THIS AGREEMENT requires the City of Schertz, the City of Selma to be responsible for
ordering its own election and publishing notice of the elections separately. The cost to publish
the notice will be the responsibility of each individual entity.
THIS AGREEMENT will require joint Early Voting and Election Day locations, dates,
and times to be used by the City of Schertz, the City of Selma.
THIS AGREEMENT will require the Guadalupe County Elections Administrator to
tabulate the precinct results and canvassing separately for the City of Schertz, the City of Selma.
The results will be delivered to each entity by facsimile.
THIS AGREEMENT will require the Guadalupe County Elections Administrator to be
responsible for the safekeeping of election records for this joint election.
THIS AGREEMENT will require the Guadalupe County Elections Administrator to be
responsible for performing the following duties and to furnish the following services and
equipment pursuant to the election services contract with Guadalupe County:
1. Recommend election judges, alternate judges and clerks.
2. Pay election judges and other election workers.
3. Procure and distribute all necessary election supplies.
4. Supply ail necessary voting equipment; transport equipment to and from the
polling places, and prepare the voting equipment for use at the polling places.
5. Issue Writs of Election to the election judges appointed.
6. Perform early voting clerk duties.
7. Publish the legal notice of the date, time, and place of the electronic tabulating
equipment test and conduct such test and provide copies to entities.
8. Prepare any submission of voting changes to be submitted to the U.S. Department
of Justice under the Federal Voting Rights Act of 1965, as amended.
9. Arrange for the use of a central counting station and for the tabulating personnel
needed at the counting station and assist in the preparation of programs and the
test materials for tabulation of the ballots to be used with electronic voting
equipment.
10. Assist in providing the general overall supervision of the election and will provide
to the Canvassing Authority the prescribed election records and reports as
required when a central counting station is used:
(a) Canvassing Summary Report,
(b) Accumulated Totals Report of early voting and EIection Day, and
(c) Electronically submit results to the Secretary of State.
11. Ballot type: {For use with mail ballots.) Optical scan.
12. Ballot tabulating equipment to be used:
Premier Touch Screens,
Premier Optical Scan for paper ballots.
GENERAL CONDITIONS
A. Common Early Voting and Election Day Polling Locations
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Early voting by personal appearance will be conducted at the following location at the
specified dates and times:
EARLY VOTING LOCATIONS, DATES AND TIMES
Early Voting Begins Monday, October 19, 2009 and ends on Friday, October 34, 2409
LOCATIONS OF EARL' POLLING PLACES
Seguin Elections Office Monday, Oct. 19, 2009 thru Lzmes, !9 de Oct., 2009 hasta el
215 So. Milam Street Friday, Oct. 30, 2009 Yiernes, 30 de Oct., 2009
Seguin, TX 78155 8:00 a.m. to 5:00 p.m. de 8:00 de !a manana a las 5:00 de la tarde
(,l~ Saturdav. Oct. 24, 2009
Sabado. 24 de Oct, 2009
~Il~ 10:00 a.m. to 4:00 p.m.
de / 0:00 de la manana a las 4:00 de la tarde
Monday, Oct. 26, 2009 thru Lzmes, 26 de Oct., 2009 hasra el
Friday, Oct. 30, 2009 Yiernes, 34 de Oct., 2009
7:00 a.m. to 7:00 p.m. de 7:00 cle la manana a las 7:00 de la tarde
Schertz Elections Office Monday, Oct. 19, 2009 thru Lttnes, 19 de Oct., 2009 hasta el
1 I OI Elbel Road Friday, Oct. 30, 2009 Yiernes, 30 de Oct., 2009
Schertz, TX 8:00 a.m. to 5:00 p.m. de 8:00 de la manana a las 5:40 de la tarde
(iix) Saturdav, Oct. 24, 2009
Sabado. 24 de Oct., 2009
~lv} 10:00 a.m. to 4:00 p.m.
de 14:00 de !a manana a !as 4: 00 de la tarde
Monday, Oct. 26, 2009 thru Lunes, 26 de Oct., 2009 hasta el
Friday, Oct. 30, 2009 Yiernes, 30 de Oct., 2009
7:00 a.m. to 7:00 p.m. de 7: 00 de la manana a las 7.•00 de la tarde
SECTION 14.
St. Joseph's Mission Monday, Oct. ] 9, 2009 Lttnes, !9 de Oct., 2009
5093 Redwood Rd. 8:00 a.m. to 5:00 p.m. de 8:00 de la manana a las 5:00 de la tarde San
Marcos, TX Monday, Oct. 26, 2009 Lttnes, 26 de Ocr., 2409
7:00 a.m. to 7:00 p.m. de 7:00 de la manana a las 7.•00 de la tarde
Kin~sburv Fire Station Tuesday, Oct. 20, 2009 Martes, 20 de Oct., 2009
1060 FM l 104 8:00 a.m. to 5:00 p.m. de 8:00 de la manana a !as 5:00 de la tarde
Kingsbury, TX Saturdav, Oct. 24, 2409 Sabado, 24 de Oct., 2009
10:00 a.m. to 4;00 p.m. de 10: DO de la manana a las 4:00 de la tarcle
Tuesday, Oct. 27, 2009 Martes, 27 de Oct., 2009
7:00 a.m. to 7:00 p.m. de 7:00 de la manana a las 7:00 de !a tarde
Forest Hills Church Wednesday, Oct. 21, 2009 ~'I~liercoles, 2! de Oct., 2009
8251 FM i i l7 8:00 a.m. to 5:00 p.m. de 8:00 de la manana a las S: 00 de la tarde
Seguin, TX Wednesday, Oct. 28, 2009 Miercoles, 28 de Ocr., 2009
7:00 a.m. to 7:00 p.m. de 7:00 de la manana a las 7:00 de la tarde
Hilltop Countt•v Church Thursday, Oct. 22, 2009 Jzteves, 22 de Oct., 2009
2719 FM 725 @ Klein Rd 8:00 a. m. to 5:00 p.m. de 8:00 de la manana a las 5:40 de la tarde
New Braunfels, TX Saturdav, Oct. 24, 2009 Sabado. 24 de Oct., 2009
10:00 a.m. to 4;00 p.m. de 10:00 de la manana a las 4:00 de la tarcle
Thursday, Oct. 29, 2009 Jzteves, 29 cle Oct., 2009
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7:00 a.m. to 7:00 p.m.
New Berlin Community Center
8815 FM 775
New Berlin, TX
Friday, Oct. 23, 2009
8:00 a.m. to 5:00 p.m.
Friday, Oct. 30, 2009
7:00 a.m. to 7:00 p.m.
de 7: 00 de la manana a las 7.•00 de la tarde
i/iernes, 23 de Oct., 2009
de 8:00 de la manana a las 5:00 de la tarde
(/iernes, 30 de Oct., 2009
de 7: 00 de la manana a las 7: DO de la tarde
EARLY VOTING BY MAIL:
Applications for voting by mail should be mailed to be received no earlier than Friday,
September 4, 2009, and no later than the close of business (5:00 p.m.) on Tuesday, October 27,
2009.
Applications should be mailed to:
Guadalupe County Elections Administrator
Attention: Sue Basham
P.O. Box 1346
Seguin, Texas 78156
Election Day Locations: The polling places listed below will be open from 7:00 a.axa. to
7:00 p.m. on November 3, 2009.
City Election Precinct
Coterminous with the corporate boundaries
of the City of Schertz, Texas
Pollin Pg laces
GUADALUPE COUNTY:
Schertz Community Center
1400 Schertz Parkway
Building #3
Schertz, Texas
BEXAR COUNTY:
Judson High School {Gray Campus}
9695 Schaefer Road
Converse, Texas
Converse Economic Development Center
b01 S. Seguin
Converse, Texas
COMAL COUNTY:
Jay F. Feibelman
Garden Ridge Community Center
21340 FM 3009
Garden Ridge, Texas
B. Joint Election Costs: Payment
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A. Costs. Access to the common polling location(s) set out herein will be provided
at no charge. However, each Entity remains responsible for all costs associated
with their respective elections only.
All funds expended by each Entity will be from current revenues.
B. Cancellation. in the event any of the parties to this Agreement cancel their
election because of unopposed candidates under Subchapter C of Title I of the
Texas Election Code, the remaining parties shall be responsible for their
respective elections, including all associated costs. The canceling party(ies} shall
be responsible for its respective share of election expenses incurred through the
date that the election is canceled as allocated to that Entity. In the event that a
party cancels its election, the other parties shall continue to have access to the
polling locations at no charge.
If an election is to be canceled by one of the parties, notice will be given to all
panties within two (2) days of cancellation.
C. General Provisions
A. Communications. Throughout the term of this Agreement, the Participating
Entities will engage in ongoing communications concerning the conduct of
the Joint Election and discuss and resolve any problems which might arise
regarding the Joint Election.
S. Effective Date. This Agreement takes effect upon the complete execution of
this Agreement by all Participating Entities.
C. Custodian of Records. Each Participating Entity will serve as their individual
custodian for purposes of election records as required by law. Each
Participating Entity shall appoint a qualified person to act as Custodian of
Records for the Entity to perform the duties imposed by the Election Code on
the custodian of records for its respective entity.
A. Miscellaneous Provisions
A. Venue and Choice of Law. The Entities agree that venue for any dispute
arising under this Agreement will lie in the appropriate courts of Guadalupe
County, Texas. This Agreement shall be govezzred by and construed in
accordance with the laws of the State of Texas and the United States of
America.
B. Entire Agreement. This Agreement contains the entire agreement of the
parties relating to the rights herein granted and the obligations herein
assumed and supersedes all prior agreements, including prior election
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services contracts relating to each Entity's November 3, 2009 election. Any
prior agreements, promises, negotiations, or representations not expressly
contained in this Agreement are of no force and effect. Any oral
representations or modifications concerning this Agreement shall be of no
force or effect, excepting a subsequent modification in writing as provided
herein.
C. Severability. If any provision of this Agreement is found to be invalid, illegal
or unenforceable by a court of competent jurisdiction, such invalidity,
illegality or unenforceability shall not affect the remaining provisions of this
Agreement; and, parties to this Agreement shall perform their obligations
under this Agreement in accordance with the intent of the parties to this
Agreement as expressed in the terms and provisions of this Agreement.
D. Breach. In the event that any Participating Entity breaches any of its
obligations under this Agreement, the non-breaching party shall be entitled to
pursue any and all rights and remedies allowed by law. Nothing in this
.Agreement shall be constnied as a waiver of any immunity or defense to
which any Participating Entity is entitled under statutory or common law.
E. Other Instruments. The Entities agree that they will execute other and further
instruments or any documents as may become necessary or convenient to
effectuate and carry out the purposes of this Agreement.
F. Mediation. ~7hen mediation is acceptable to both parties in resolving a
dispute arising under this Agreement, the parties agree to use a mutually
agreed upon mediator, or a person appointed by a court of competent
jurisdiction, for mediation as described in Section 154.023 of the Texas Civil
Practice and Remedies Code. Unless both parties are satisfied with the result
of the mediation, the mediation will not constitute a final and binding
resolution of the dispute. All communications within the scope of the
mediation shall remain confidential as described in Section 154.023 of the
Texas Civil Practice and Remedies Code, unless both parties agree, in
writing, to waive the confidentiality. Notwithstanding the foregoing, the
parties intend to fully comply with the Texas Open Meetings Act and the
Texas Public Information Act, whenever applicable. The term "confidential"
as used in this Agreement has the same meanings as defined and construed
under the Texas Public Information Act and the Texas Open Meetings Act.
G. Amendment/Modification. Except as otherwise provided, this Agreement
may not be amended, modified, or changed in any respect whatsoever, except
by a further Agreement in writing, duly executed by the parties hereto. No
official, representative, agent, or employee of any Participating Entity has
any authority to modify this Agreement except pursuant to such expressed
authorization as may be granted by the governing body of the respective
Participating Entity.
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H. Counterparts. This Agreement may be executed in multiple counterparts, all
of which shall be deemed originals and with the same effect as if all parties
hereto had signed the same document. All of such counterparts shall be
construed together and shall constitute one and the same Agreement.
****~REMAINDER OF PAGE INTENTIONALLY LEFT ~LANI~*Y*
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The undersigned are the duly authorized representatives of the parties' governing bodies,
and their signatures represent adoption and acceptance of the terms and conditions of
this agreement.
APPROVED, this 4 ~~`'"' day of ~ , 2009, by the City
Council of the CITY OF SCHERTZ
Hal Baldwin, Mayor
City of Schertz
APPROVED, this ~~"~ day of /~gys~' , 2009, by the City
Council of the CITY OF SELNIA.
t~
Jim Parma, Mayor
City of Selma
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