2010R04-Contract for Election AgreementRESOLUTION NO. 10-R-04
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, CALLING A JOINT ELECTION WITH THE
CITY OF SCHERTZ, THE CITY OF CIBOLO AND SCHERTZ-
CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
(SCUCISD) AUTHORITY TO BE HELD ON MAY 8, 2010 FOR THE
PURPOSE OF ELECTING A MAYOR AND COUNCILMEMBERS
FOR PLACE 1, PLACE 2 AND FOR THE ONE-YEAR EXPIRED
TERM OF COUNCILMEMBER PLACE 4 FOR SAID CITY;
MAKING PROVISION FOR THE CONDUCT OF A JOINT
ELECTION; CONTRACTING WITH THE ELECTIONS
ADMINISTRATOR OF GUADALUPE COUNTY TO CONDUCT
THIS ELECTION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
SECTION 1. An election shall held on May 8, 2010 in and throughout the City of
Schertz, Texas (the "City"), for the purpose of electing a Mayor and Council Places 1 and
2, which are currently held by Hal Baldwin -Mayor, Place 1 -Councilmember Jim
Fowler, and Place 2 -Councilmember David Scagliola. The City will also be conducting
a Special Election to fill the vacancy in Council Place 4 -one year unexpired term.
SECTION 2. The City will hold a joint election with the Schertz-Cibolo-Universal City
Independent School District (the "District") and the City of Cibolo provided pursuant to
the provisions of a joint election agreement between the City of Schertz, the SCUC
Independent School District, and the City of Cibolo adopted in accordance with the
provisions of Section 271.002, as amended, Texas Election Code (the "Code").
SECTION 3. The City will enter into an agreement with the Elections Administrator of
Guadalupe County (the "Guadalupe County Elections Administrator") to conduct all
aspects of this election.
SECTION 4. At said election, the candidate receiving the most votes for Mayor,
Councilmember's Place 1, Place 2, respectively, is declared elected for a term to expire in
May 2012, and the candidate receiving the most votes for Councilmember Place 4
unexpired term, respectively, is declared elected for a term to expire in May 2011. Any
candidate desiring to have his or her name on the Official Ballot for said election shall,
no sooner than February 6, 2010 and no later than March 8, 2010, file with the City
Secretary an application in writing in the form prescribed by the Texas Election Code
requesting that his or her name be placed on the Official Ballot and declaring as a
45867374.1
candidate for Mayor and Councilmembers for Place 1, Place 2, or Place 4. Any person
failing to file said written application for candidacy by the time aforesaid shall not be
entitled to have his or her name printed on the Official Ballot. The name of all eligible
candidates whose applications have been duly and timely filed shall be placed on the
ballot pursuant to a drawing as provided bylaw.
SECTION 5. 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
election. 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 shall be used for early voting and election day
voting by personal appearance. Certain early voting may be conducted by mail. The
Guadalupe County Elections Administrator shall also utilize a Central Counting Station
(the "Station") as provided by Section 127.001, et seq., as amended, Texas Election
Code. Guadalupe County Administrator, Sue Basham will serve as Early Voting Clerk
and will appoint the Election Judges and Clerks for each station location, and establish a
written plan for the orderly operation of the Station locations in accordance with the
provisions of the Texas Election Code. The Guadalupe County Elections Administrator
will appoint the Tabulation Supervisor which will also serve as the Programmer for the
Stations. Lastly, the Guadalupe County Elections Administrator will publish notice and
conduct testing on the automatic tabulation equipment relating to the Stations and
conduct instruction for the officials and clerks for the Stations in accordance with the
provisions of the Texas Election Code.
SECTION 6. The City election precincts established for this election shall be the
precincts named on Exhibit A attached hereto. A list of the City election precincts and
the polling places designated for each such election precinct are identified on Exhibit A
to this Resolution, and this Exhibit is incorporated by reference for all purposes. At least
63 days prior to the scheduled election date, the Council, in coordination with the
Guadalupe County Elections Administrator, will identify and formally approve the
appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all
other election officials for this election.
Each Presiding Judge shall appoint not less than two (2) resident qualified voters of the
County to act as clerks to properly conduct the election. 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 election. In the absence of the Presiding Judge named
above, the Alternate Presiding Judge shall perform the duties of the Presiding Judge.
The election shall be held in the Schertz Community Center, Bldg. 3, 1400 Schertz
Parkway, Schertz, Texas 78154 as prescribed by applicable law and on the day of the
election, 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. Sue Basham, the Elections Administrator of Guadalupe County (whose
mailing address is Post Office Box 1346, Seguin, Texas 78156) is hereby appointed as
45867374.1
the Early Voting Clerk to conduct such early voting in the election. 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 at the main
early voting place from April 26, 2010 through May 4, 2010, with the exception of
Saturdays, Sundays, and official State holidays. The hours for early voting shall be from,
and from 8:00 a.m. to 5:00 p.m., Monday, April 26, 2010 through Sunday May 2, 2010
and from 7:00 a.m. to 7:00 p.m. on May 3, 2010 and May 4, 2010 on all other early
voting days. Applications for ballots by mail must be received by the Early Voting Clerk
not later than the close of business on Apri130, 2010.
An Early Voting Ballot Board is hereby established for the purpose of processing early
voting results. Sue Basham, Elections Administrator will appoint 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 7. All resident qualified voters of the City shall be permitted to vote at the
early voting location and on the day of the election, such voters shall vote at any one of
the designated polling places. The election 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 Annotated Chapter 1 of Title 22, as amended, and as may be
required by any other law. All election materials and proceedings shall be printed in both
English and Spanish.
SECTION 8. A substantial copy of this Resolution shall serve as a proper notice of the
election. 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 election is to be held, and be
published 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.
SECTION 9. The Council authorizes the Mayor, or his/her designee, to negotiate and
enter into a joint election agreement with the Districts and the Authority in accordance
with the provisions of the Texas Election Code.
SECTION 10. The Council authorizes the Mayor, or his/her designee, to negotiate and
enter into a contract with the Guadalupe County Elections Administrator to conduct the
election in accordance with the provisions of the Texas Election Code.
SECTION 11. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are
adopted as a part of the judgment and findings of the Council.
SECTION 12. All Resolutions and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Resolution are hereby repealed to the extent of
such conflict, and the provisions of this Resolution shall be and remain controlling as to
the matters ordered herein.
SECTION 13. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 14. If any provision of this Resolution or the application thereof to any
person or circumstance shall be held to be invalid, the remainder of this Resolution and
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the application of such provision to other persons and circumstances shall nevertheless be
valid, and this Council hereby declares that this Resolution would have been enacted
without such invalid provision.
SECTION 15. It is officially found, determined, and declared that the meeting at which
this Resolution 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
Resolution, was given, all as required by Chapter 551, Texas Government Code, as
amended.
SECTION 16. By vote of not less than two-thirds of the members of the City Council
present at the meeting at which this Resolution was first considered, the City Council has
determined that action is required, and this Resolution is hereby adopted.
PASSED, APPROVED AND ADOPTED on this the 19th day q'fJanuary, 2010.
City of Schertz, Texas
ATTEST:
Brenda Dennis TRMC, CMC, City Secretary
(SEAL OF CITY)
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EXHIBIT A
Early voting Location
Guadalupe County Elections Office
1101 Elbel Road
Schertz, Texas
Monday, Apri126t" -Sunday, May 2"d 8:00 a.m. to 5:00 p.m.
Monday, May 3rd -Tuesday, May 4t": 7:00 a.m. to 7:00 p.m.
City
Election
Precinct
Presidin Jg
udge
Alternate Jude
Pollin Pg lace
_
City of TO BE TO BE Schertz Community Center
Schertz DETERMINED DETERMINED 1400 Schertz Parkway
Building #3
Schertz, Texas 78154
45867374.1
THE STATE OF TEXAS } r ~' ~~~ ~,~~ :~f~
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COUNTY OF GUADALUPE} `.~~; ;.~ ~~ ;,~'~~'_
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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 May 8, 2010, and to be administered by Sue
Basham, Elections Administrator, hereinafter referred to as "Elections Administrator".
Said Political Subdivision is holding a General Election, at their expense on May 8, 2010.
The County owns an electronic voting system, the Diebold Touch Screens for Early
Voting and Election Day voting and Diebold 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 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 be taken 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
county's electronic voting system at the applicable polling places. In such cases, costs shall be
divided among the participants.
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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 Political Subdivision shall prepare a submission to the United States
Department of Justice for preclearance of the election procedures and polling places, 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).
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
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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
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
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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:
Counting Station Manager: Missy Doss
Tabulation Supervisor: Rick Arroues
Presiding Judge: Sue Basham
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.
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
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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
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
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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.
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IN TESTIMONY HEREOF, this Contract, its multiple originals all of equal force, has
been executed on behalf of the parties hereto as follows, to-wit:
1. It has on this ~ day of , 2010, been executed on behalf of
Guadalupe County by the Elections Ad ~ istrator ursuant to the Texas Election Code so
authorizing; and
2. It has on this --'day of , 2010, been executed on behalf of the
Political Subdivision by its Presiding O or autho zed representative, pursuant to an action
of the Political Subdivision so authorizing.
GUADALUPE COUNTY, TEXAS
By: ~~~- a•--~-----
SUE BASHAM
Elections Administrator
ATTEST:
City of Schertz:
By: •,
Presiding Officer/Autho ~ epresentative
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JOINT AGREEMENT ELECTION AGREEMENT BETWEEN THE
CITY OF SCHERTZ, CITY OF CIBOLO AND THE SCHERTZ-CIBOLO-
UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
This joint election agreement is made this ~ay of , 2010, by
and between the City of Schertz, the City of Cibolo and the Sch z-Cibolo-Un versal City
Independent School District ("SCUCISD") (collectively "Entities" or "Participating
Entities").
WHEREAS, the City of Schertz plans to hold a General and Special Election on May 8,
2010, for the purpose of electing_a Mayor two (2) city council members for Place 1, Place 2, and
for the unexpired term of Place 4;
WHEREAS, the City of Cibolo plans to hold a General Election on May 8, 2010, for the
purpose of electin a four 4 city council members for Place 1, Place 4, Place 5, and Place 6;
WHEREAS, SCUCISD plans to hold a General Election on May 8, 2010, for the purpose
of electin two (2) school board trustees for Place 6 and Place 7;
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 Cibolo and SCUCISD, 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 Cibolo and SCUCISD 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 Joint Early Voting Clerk.
THIS AGREEMENT requires the City of Schertz, the City of Cibolo and SCUCISD to
use joint ballots.
THIS AGREEMENT requires the City of Schertz, the City of Cibolo and SCUCISD to
share costs associated with this joint election proportionally where polling places are shared by
more than one entity.
THIS AGREEMENT requires the City of Schertz, the City of Cibolo and SCUCISD to
be responsible for ordering its own election and publishing notice of the elections separately and
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prepare a submission to the United States Department of Justice for preclearance of the election
procedures and polling places, pursuant to the Voting Rights Act of 1965, as amended. 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 Cibolo and SCUCISD.
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 Cibolo
and SCUCISD. 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 all 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. 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.
9. 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 Election Day, and
(c) Electronically submit results to the Secretary of State.
10. Ballot type: (For use with mail ballots.) Optical scan.
11. 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:
Guadalupe County Office Building -Election Office
1101 Elbel Road
Schertz, TX 78154
Dates: Monday, April 26 -Friday, April 30, 2010
Hours: 8:00 a.m. - 5:00 p.m.
Dates: Monday, May 3 -Tuesday, May 4, 2010
Hours: 7:00 a.m. - 7:00 p.m.
Election Day Locations: The polling places listed below will be open from 7:00 a.m. to
7:00 p.m. on May 8, 2010.
Schertz Community Center Rose Garden Elementary School City of Cibolo City Hall
1400 Schertz Parkway 506 North Blvd. 200 South Main
Schertz, TX 78154 Universal City, TX 78148 Cibolo, TX 78108
(to be shared by the City of (SCUCISD only) (to be shared by the City of
Schertz, and SCUCISD) Cibolo, and SCUCISD)
B. Joint Election Costs: Payment
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
parties within two (2) days of cancellation.
C. General Provisions
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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.
B. 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.
D. 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 governed 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
services contracts relating to each Entity's May 8, 2010 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 construed as a waiver of any immunity or defense to
which any Participating Entity is entitled under statutory or common law.
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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. When 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.
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 BLANK***
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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 ~ day of , 2010, by the City Council of the
CITY OF SCHERTZ - n
Hal Baldwin, Mayor
City of Schertz
APPROVED, this ~~ day of , 2010, by the City Council of
the CITY OF CIBOLO
APPROVED, this ~/5f- day of , 2010, by the Board of Trustees
of the SCHERTZ-CIBOLO-UNIVERSAL CI INDEP ENT SCHOOL DISTRICT.
George Ricks, Board resident
SCUC
Mark Wilson, Board Secretary
SCUCISD
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