2011-R-05 May 14, 2011 ElectionRESOLUTION NO. 11-R-OS
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, CIBOLO CREEK MUNICIPAL AUTHORITY, GREEN
VALLEY SPECIAL UTILITY DISTRICT AND THE SCHERTZ-CIBOLO-
UNIVERSAL CITY INDEPENDENT SCHOOL. DISTRICT TO BE HELD ON
MAY 14, 2011 FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR
PLACE 3, PLACE 4 AND FOR PLACE 5 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 OI' SCIIERTZ,
TEXAS:
SECTION 1. An election shall held on May 14, 2011 in and throughout the City of
Schertz, Texas (the "City"), for the purpose of electing Council Place 3, Place 4 and
Place 5, which are currently held by George Antuna, Jr. -Place 3, Place 4 -
Councilruember Cedric Edwards, and Place 5 - Councilmember Michael Cupenter.
SECTION 2. The City will hold a joint election with the City of Cibolo, Schertz-Cibolo-
Universal City Independent School District (the "Dishict"), Cibolo Creek Municipal
Authority, Green Valley Special Utility District provided pursuant to the provisions of a
joint election agreement between the City of Schertz, the City of Cibolo, Cibolo Creek
Municipal Authority, Green Valley Special Utility District and The Schertz-Cibolo-
Universal City Independent School District 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
Councilmember's Place 3, Place 4 and Place 5, respectively, is declared elected for a
term to expire in May 2013. Any candidate deshing to have his or her name on the
Official Ballot for said election shall, no sooner than February 12, 2011and no later than
March 14, 2011, 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 candidatc for Councilmembers for Place 3, Place 4 and
Place. Any person falling 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
45867774.1
name of all eligible candidates whose applications have been duly and timely filed shall
be placed on the ballot pwsuant to a drawing as provided by law.
SECTION 5. Pursuant to Section 61.012, as amended, Texas Election Coda, 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 Adminstrator 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 Barham 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 Adminishator
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 Coancil, 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 Barham, 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 election. The Early Voting
Clerk shall appoint not less than two (2) Deputy Eat'ly Voting Clerks in accordance with
the provisions of the Texas Election Code. Early voting shall be conducted at the main
45867374.1
early voting place from May 2, 2011 through May 10, 2011, with the exception of
Saturdays, Sundays, and official State holidays. The hours for euly voting shall be from,
and from 8:00 a.m, to 5:00 p.m., Monday, May 2, 2011 through Friday, May 6, 2011 and
from 7:00 a.m. to 7:00 p.m. on May 9, 2011 and May 10, 2011 on all other early voting
days. Applications for ballots by mail must be received by the Early Voting Clark not
later than the close of business on May 6, 2011.
An Early Vofing 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 S. 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 ace 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 fmdings 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 I3. Tltis Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION I4. 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
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,
-05867774.1
S1;CTION 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.
S);CTION 16. By vote of not less thantwo-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 25th ay of 7 aiy, 2011.
or, City of Schertz, Texas
ATTEST:
45867374.1
EXHIBIT A
Early voting Location
Guadalupe County Elections Ofl"ice
1101 Elbel Road
Schertz, Texas
Monday, Apri126f1i -Sunday, May 2"~ 8:00 a.m. to 5:00 p.m.
Monday, May 3rd -Tuesday, May 4"':7:00 a.m. to 7:00 p.m.
City
Election
Precinct
Presiding Judge
Alternate Judge
Polline Place
City of TO BE TO BE Sche1lz Community Center
Schertz DETERMINED DETERMINED 1400 Schertz Parkway
Building #3
Schertz, Texas 78154
45867J74.1
TI3'E STATE OF TEXAS )
}
COUNTY OF GUAAALUPE)
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, Texas, hereinafter referred to as "Political Subdivision," pursuant to Texas Election
Code Sections 31.092(a) for an election to be held on May 14, 2011, 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 14,
2011.
The County owns an electronic voting system, the Diebold Touch Screens for Early
Voting and Election Day vothrg and Diebold Optical Scau 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. Poetical 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 AGI2CED as follows:
I. ADMINISTRATION
The Elections Adminisu•ator 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 Adnnistrator 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
proposes 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.
Page 1 of 7
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 iu those shared polling places where jurisdictions do not
overlap.
II. LEGAL DOCUMENTS
Political Subdivision shall be responsible for the preparation, adoption, and publication of
al] required election orders, resolutions, notices, and any other pertinent documents required by
the Texas Election Code and/oc Political Subdivisiom'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 traoslation to languages other than English.
Political Subdivision shall provide a copy of theh• election order and notice to the Elections
Administrator. The Political Subdivision shall prepare a submission to the Urrited 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 Admnistrator shall arrange for the use of all Election Day voting locations.
Voting locations will be, whenever possible, the usual voting locations for Political Subdivision.
hr the event a voting location i not available, the Elections Administrator will arrange for use of
an alternate location with the approval of the Political Subdivision.
If polling places ace 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 entranceto any previous polling places hi 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 [o 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 pickup their election supplies. Each presiding election
Page 2 of 7
judge will be sent a letter from the Elections Administrator notifying him/her of their
appoinhnent, 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. (Election Judge and
Alternate Judge - $10/how•; Clerks-$9Atom'; Early Voting Clerks-$9.15/hour) 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. In addition, all workers receive a $15 flat rate compensation fa• mandatory training.
V, PREPARATION Or SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall anange 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, inshuctions, and other
information needed for the election. If special maps are needed for a particular Political
Subdivision, the Election Adminish•ator will order the maps and pass that charge on to that
particular Political Subdivisiai.
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 audlor
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
Admhistrator as soon as possible after ballot positions have been determined by each of the
participating authorities. Said list shall be provided to the Elections Administrator by the date set
out in the published Election Calendar provided by the Secretary of State. Each participating
authority shall be responsible fw• proofreading and approving the ballot insofar as it pertains to
that authority's candidates and/or propositions.
It is agreed by all patties 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 Conhact 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 uo 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.
Page 3 of 7
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 ($9.15/hour). Early Voting by personal appearance will be held at the locations,
dates, and times determined by Political Subdivision. Auy qualified voter of the Election nay
vote early by personal appearance at any one of the early voting locations.
As Early Voting Clerk, the Elections Admhristrator shall receive applications for early
voting ballots to be voted bymail 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 ou a daily basis and a cumulative final early voting report following the
election.
VII. EARLY VOTING BALLOT BOARD
Elections Administrator shall appoint au 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. CIuNTIiAL 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
provisiars 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
Page 4 of 7
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. WTTHDRAyVAL 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 irrcun~ed by
Guadalupe County on behalf of Political Subdivision. Auy 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 soother political subdivision, the Elections Administrator is hereby appointed general
custodian of the voted ballots and all records of the Election as authorized by Section 271.0] 0 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 retahred and disposed of in accordance with the
provisions of Sectiar 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 may be 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 cmrduct a proper recount.
Page 5 of 7
XIiI. NIISC)JLLANI;OUS PROVISIONS
1. The Elections Adminish~ator 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 iu this eontcaet 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 Comuty nor Political Subdivision can enter into an agreement whereby either party
agrees to inde~mtify or hold harmless another party; therefore, ali references of any kind, if any,
to indemnifying or holding or saving harmless for any reason are hereby deleted.
5. This Cartract shat l 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.
G. In the event of one of more of the provisions contained in this Contcaet shall for any
reason be held to be invalid, illegal, or unenforceable in auyrespeet, such invalidity, illegality, or
unenforceabilitysball 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 pasties shall comply with all applicable laws, ordinances, and codes of the State of
Texas, all local governments, and any other entities with local jm•isdiction.
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.
Page 6 of 7
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COUNTY ELECTION SERVICES CONTRACT COSTS
MAY 14, 2011
CITY OF SCHERTZ, TEXAS
GENERAL ELECTION
(One [IJ Eurly YotilzgLocatiolr /One (1) E/ection DuyLocution)
Item # Costs/Services Esilmato Actual Total
1. Printin costs mall ballots). ~ 100.00 ~
2. Electronic voting system programming and testing.
$sortsx 400.00
3. Publication of Electronic Votin E uipment Test. 100.00
4. Election ki1S -Precinct Supplies, Maps, Laptops, Printers, Cell Phones, etc.
($751EA 150.00
5. Rental of voting equipment.
$100IUnlt) 800.00
G. Pre aration and trans ortation of voting equipment. 100.00
7. Polling lace rental. 0.00
8. Precinct election jud es and clerks. 600.00
9. Election judge's pick up /deliver fee - ED sup lies - 25.00
10. Earl Votin Personnel 2,000.00
11. Early Voting Ballot Board Personnel. 100.00
12. Personnel for central counting station -Election Ni ht 200.00
13. County Election Services Contract Administrative Fee. 457.50
14. Miscellaneous Election Da costs itemize . 0.00
15. TOTAL ELECTION COSTS: ~5,o3z.5o $
SUE BASHAM
Guadalupe County Elections Adminish•ator
307 W. Cow~t Street
Seguin, TX 78155
830-303-6363 (Office)
830-303-6373 (Fax)
sue basham~co.gttadalupe.tx.us
DATE: December 8, 2010
CITY OF SCHERTZ, TEXAS
GENERAL ELECTION
MAY 14, 2011
EARLY VOTING SCHEDULE:
Main Earl Voting Location - Dates & Times- - . .
Monday, May 2, 2011 to Friday, May 6, 2011
Elections Annex Office 8:00 a.m. to 5:00 p.m.
1101 Elbel Road Monday, May 9, 2011 to Tuesday, May 10, 2011
Schertz, TX 7:00 a.m. to 7:00 p.m.
oSahrrrlnysorLe alHolirlnys
Any voter who is entitled to vote an early ballot by personal appearance may do so at the Maln
Early Voting Site or any Temporary Branch site.
Address for Applications for Early Voting by Mail
Guadalupe County E/ect/ons Office
P. 0.6ox 1346
Seguin, Texas 78156.1348
Attn: EarlyVot/ngClerk
ELECTION DAY
7:00 A.M. TO 7:00 P.M.
SCHERTZ CIBOLO
Schertz Cmnmwtity Center Cibolo City Hall
1400 Schertz Parkway 200 S. Main Street
Schertz, TX Cibolo, TX
Deadline to Reeister to Vote fa• May 14, 2011 Election .....................................April 14, 2011
Last Day to Tile for Place on Ballot ................................................................ March 14, 2011
Fhst Day to Apply for Ballot By Mail ..............................................................March 15, 2011
First Day of Early Vo[iag .................. ............................................................ May 2, 2011
Last Day to Apply for Ballot By Mail (Received, not Posmrarked) ............................ May 6, 2011
May 10, 2011
Last Day of Early Voting .............................................................................
:
ELECTION DAY .................................................................................... May 14, 2011
JOINT ELECTION AGREEMENT BETWEEN THE
CITY OF SCHERTZ, CITY OF CIBOLO, C1BOL0 CREEK MUNICIPOI,
AUTHORITY, GREEN VALLEY SPECIAL UTILITY DISTRICT AND
THE SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL
DISTRICT
This joint election agreement is made this 1_~`day of , 2011, by
and between the City of Scheriz, the City of Cibolo, the Cibolo e k Municip I Authority
("CCMA"), Green Malley Special Utility District ("GYSUD") and the Scheriz-Cibolo-
Untversal City Independent School District ("SCUCISD") (collectively "Entities" or
"Participating Entitles").
WHEREAS, the City of Schenc~ plans to hold a General Election on May 14, 2011, foz
the purpose of electing three (3) city council members for Place 3 Place 4, and Place 5;
WHEREAS, fire City of Cibolo plans to hold a General Election on May 14, 2011, for
the purpose of electing a Mayor and three (3) city council members for Place 2, Place 3, and
Place 7;
WHEREAS, the Cibolo Creek Municipal Authority plans to hold a General Election on
May 14, 2011 for the purpose of electing_two (2~ Board Directors for Place 1, and Place 2;
WHEREAS, the Green Valley Special Utility District plans to hold a General Election
on May 14, 2011 for the purpose of eleetine three (3) Board Directors.
WHEREAS, Schertz-Cibolo-Universal City Independent School Distict (SCUCISD)
plans to hold a General Election on May 14, 2011, for the purpose of electins three (3) school
board hustees for Place 1, Place 2 and Place 3;
WHEREAS, Texas Election Code section 271.002 authortizes 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, CCMA, GVSUD, 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, Cily of Cibolo, CCMA, GVSUD, 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,
Page 1 of 6
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, CCMA, GVSUD,
and SCUCISD to use joint ballots.
THIS AGREEMENT requires the City of Schertz, the City of Cibolo, CCMA, GVSUD,
and SCUCISD to share costs associated with this joint election proportionally where polling
places ue shared by more than one entity.
THIS AGREEMENT requires the City of Schertz, the City of Cibolo, CCMA, GVSUD,
and SCUCISD 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 requhe joint Early Voting and Election Day locations, dates,
and times to be used by the City of Schertz, the City of Cibolo, CCMA, GVSUD, 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,
CCMA, GVSUD, 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 perfuming 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 trecessary election supplies.
4. Supply all necessazy voting equipment; transport equipment to and from the
polling places, and prepare tare 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 charges to be submitted to the U.S. Depaztment
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 persormel
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
equiprnent.
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:
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(a) Canvassing Summary Report,
(b) Accumulated Totals Report of early voting and Election 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 Votfne and Election Day Polline Locations
Early voting by personal appeuance will be conducted at the following location at the
specified dates and times:
Guadalupe Couuty Office Building -Election Office
1101 Elbel Road
Scheriz, TX 78154
Dates: Monday, May 2 -Friday, May 6, 2011
Hours: 8:00 a.m. - 5:00 p.m.
Dates: Monday, May 9, 2011-Tuesday, May 10, 2011
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 14, 2011.
Schertz Community Center
1400 Schertz Parkway
Schertz, TX 78154
(to be shoed by the City of
Schertz, CCMA, and
SCUCISD)
Rose Garden Elementary School
506 North Blvd.
Universal City, TX 78148
(to be shared by CCMA and
SCUCISD)
Clty of Cibolo City Hall
200 South Main
Cibolo, TX 78108
(to be shaved by the City of
Cibolo, CCMA, GVSUD,
and SCUCISD)
B. Joint Election Costs: Payment
A. Costs. Access to the conunon 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 tkre event any of the parlies 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 tluough the
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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 wil] be given to all
parties within two (2) days of cancellation.
C. General Provisions
A. Communications. Tluoughout 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 arrd the United States of
America.
B. Entire Anreement. 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 14, 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 hrvalidity,
illegality or unenforceability shall not affect the remaining provisions of this
Agreement; and, parties to this Agreement shall perform their obligations
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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.
E. Other Instruments. The Entities agree that they will execute other and further
inshvments 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
undcr• 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 pubes hereto. No
official, representative, agent, or employee of auy 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. Counter arts. This Agreement may he 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.
*****RE]YIAINDER 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
CITY OF SCHERTZ
City of Schertz
APPROVED, this day of
the CTI'Y OF CIBOLO
2011, by the Cily Council of
Jennifer Hartman, Mayor
City of Cibolo
APPROVED, this ~~ day of Gdh Ft61 R. 2011, Board of Directors of
the CIBOLO CREEK MUNICIPAL AUTHORITY.
Clint Ellis, General Manager
Cibolo Creek Municipal Authority
APPROVED, this a°~' day of ~nl~la2 , 2011, Board of Directors of
the GREEN VALLEY SPECIAL UTILITY DISTRICT.
Pat Allen, General Manager
Green Valley Special Utility District
APPROVED, this day of , 2011, by the Board of Tivstees
of the SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT.
George Ricks, Board President
SCUCISD
Edward Finley, Jr., Board Secretary
SCUCISD
2011, by the City Council of the
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