12-R-56 Calling Special Election to Fill Mayor PositionRESOLUTION NO. 12-R-56
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, CALLING A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 6, 2012 FOR THE PURPOSE OF ELECTING A MAYOR
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. A Special election shall be held on November 6, 2012 in and throughout the City
of Schertz, Texas (the "City"), for the purpose of electing a Mayor to fill the vacancy in the
Mayor's position.
SECTION 2. The City will hold a joint election with Guadalupe County as 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 respectively is
declared elected for a term to expire in May 2014. Any candidate desiring to have his or her
name on the Official Ballot for said election shall, no sooner than July 21, 2012 and no later than
August 20, 2012, 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 candidate for Mayor. 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 by law.
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 at the County's Precinct locations listed on Exhibit "A" as
prescribed by applicable law and on the day of the election, the polls shall be open fi~om 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 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 October 22, 2012 tluough November 2, 2012.
The hours for early voting shall be from, and from 8:00 a.m. to 5:00 p.m., Monday, October 22,
2012 tluough Friday, October 26, 2012, Saturday, October 27, 2012 from 7:00 a.m. to 7:00 p.m.,
Sunday, October 28, 2012, from 1:00 p.m. to 6:00 p.m. and from 7:00 a.m. to 7:00 p.m. on
Monday, October 29, 2012 through Friday, November 2, 2012. A list of these locations are
included on Exhibit "A". Applications for ballots by mail must be received by the Early Voting
Clerk not later than the close of business on October 30, 2012.
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 or Mayor Pro-Tem authorizes his/or her designee, to negotiate and
enter into a joint election agreement with Guadalupe County Election Administrator in
accordance with the provisions of the Texas Election Code.
SECTION 10. The Council or Mayor Pro-Tem authorizes his/or 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 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 13. This Resolution shall be conshued 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 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 19~h-~qy of June, 2012
of Schertz, Texas
ATTEST: _, J)
~ ~.SJ.7~(\MA•
Brenda Dennis ,City Secretary
(SEAL OF CITY)
l;xhibit "A"
NOVI;MBI;R 6, 2012
(6 DE NOVIEMBRE, 2012)
LOCATIONS OF EARLY POLLING PLACES
!LA VOTACLONADELANTADA ENPERSONA SE LLElrARA A CABO EM
uin Elections Office Monday, October 22, 2012 Ihnr
S. Milam SI. Friday, Odober2ti, 2012
tin, TX .8:00 a.ln. to 5:00 p.m.
Safurdav October 27, 2012
7:00 a.m. to 7:00 p.m.
Sundev, October 28, 2012
1:00 p.m. [0 6:00 p.m.
Monday, October 29, 201216ru
Friday, November 2, 2012
7:00 a.m. to 7:00 p.m.
Lanes, 22 de Oclobre, 2012 hnsla el
Vlernes, 26 de Oclabre, 2012
de 8:00 de la manann n Ins 5:00 de !a garde
Snbndo 27 de Oclobre, 2012
de 7:00 de la nmuona n Ins 7:00 de la Inrde
mnln o 28 de Ocmbre, 2022
de /:00 de la garde alas 0:00 de la (nrde
Lanes, 29 de Oclobre, 20/2 hnsln e/
Viernes, 2 de Noviembre, 2012
de 7:00 de la mannna a Ins 7:00 de la !nrde
Elections Office Monday, October 22, 2012 thm
1 Rlbel Road Friday, October 26, 2012
:rtz, TX 8:00 a.m. l0 5:00 p.m.
Salurdev, October 27, 2012
7:00 a.m. l0 7:00 p.m.
Smtdev. October 28, 2012
1:00 p.m. to 6:00 p.m.
Monday, October 29, 2012 thm
Friday, November 2, 2012
7:00 a.m. to 7:00 pmt.
foscoh's Mlsslon Monday, October 22, 2012
1 Redwood Rd. 8:00 a.m. to 5:00 p.m.
Marcos, TX Monday, October 29, 2012
7:00 a.m. to 7:00 p.~n.
Tuesday, October 27, 2012
438 8:00 a.nr. to 5:00 p.m.
TX Safurdav. October 27, 2012
7:00 a.m. l0 7:00 p.m.
Tuesday, October J0, 2012
7:00 a.m. [0 7:00 p.m.
esl }tills Church Wednesday, October 24, 2012
I FM 1117 8:00 a.m. to 5:00 p.m.
uin, TX Wednesday, October 31, 2012
7:00 a.m. to 7:00 p.m.
Thursday, October 25, 2012
8:00 a.m. l0 5:00 p.nt.
TX Safurdav, October 27, 2012
7:00 a.m. to 7:00 p.m.
Tlmrsdag November 1, 2012
7:00 e.m. to 7:00 p.nt.
w Derlln Commmdly Center Friday, October 26, 2012
I S FM 775 8:00 am. to 5:00 p.nt.
w Dcrlin,TX Friday, November 2, 2012
7:00 a.nt. to 7:00 p.ltt.
Luna, 22 de Oc(obre, 20/2 bnstn el
Vlerrtes, 26 de Oclobre, 2012
de 8:00 de la manann a gas 5:00 de la garde
Snbndo 27 de Oclobre, 20/2
de 7:00 de In nrannnn n gar 7:00 de !n garde
Dmulueo. 28 de Oclobre, 2012
de /:00 de /n Inrde a gas 6:00 de In tarde
Lunen, 29 de Oclobre, 2012 halm el
Vlernes, 2 de Noviembre, 20/2
de 7:00 de In mmmnn a gas 7:00 de In Inrde
Lunen, 22 de Ocmbre, 2012
de 8:00 de la manann n gas 5:00 de In Inrde
Ludes, 29 de Oclabre, 20/2
de 7:00 de la trtnnana a gas 7:00 de la garde
Manes, 23 de Octobre, 20/2
de 8:00 de la mannna a gas 5:00 de In Inrde
Snbndo 27 de Oclobre, 20/2
de 7:00 de In mannna n Ins 7:00 de In nrde
Mnrles, 30 de Oclobre, 2012
de 7:OD de la mannna n Ins 7:00 de In Inrde
Mi2rcales, 24 de Octabre, 2012
de 8:00 de In nmrrnnn n los 5:00 de la (nrde
Miircoles, 31 de Oclobre, 2012
de 7:00 de la mannna a Ins 7:00 de la garde
Jueves, 25 de Oc(obre, 20/2
de 8:00 de la mnnana n gas 5:00 de In garde
Snbndo 27 de Ocmbre, 2012
de 7:00 de la manann a fns 7:00 de la garde
Jueves, / de Noviembre, 20/2
de 7:00 de la nnnnnn a gas 7:OD de In (nrde
Viernes, 26 de Oclobre, 20/2
de 8:00 de In manann n gas 5:00 de la garde
Vlernes, 2 de Noviembre, 2012
de 7:00 de In mnnnnn n Ins 7:00 Ae In garde
Applications for Ballot by Mail shall be mailed to: (Las solicitudes para boleros gue se volaran ndelnnladnpor
deberan enviarse n.J
Sue Basham
Elections Administrator
P. O. Box 1346
Seguin, TX 78156-1346
ions for Ballots by Mail must be received no later than the close of business on October 3Q 2012. (Las
~s para bole(as qua se votnrmt adelanlndn por correo debernu recibirse para elfin de /ns horns de negocio el 30 de
20/2.
NOVEMBER 6, 2012
GENERAL AND SPECIAL ELECTIONS
301 Santa Clara Ci Hall, 1653 N. Santa Clara Rd., Santa Clara, TX
303 Schertz Elections Office, 1101 Elbel Rd., Schertz, TX
304 Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz, TX
305 Selma Ci Hall, 9375 Corporate Dr., Selma, TX
306 Cross oint Fellowshi Church, 2600 Ro Richard Drive, Schertz, TX
401 Immaculate Conce lion Catholic Church, 212 N. Barnett St., Marion, TX
402 Schutz Communi Center, 1400 Schertz Parkwa ,Schutz, TX
403 Knights of Columbus Hall, 509 Schertz Pkwry, Schertz, TX
404 Schertz Community Center North (formerly Northcliffe Fire Station), 350] Morning Dr.,
Cibolo, TX
409 Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkw ., Cibolo, TX
4087, 4121, 4126,
4127 -BEXAR Judson Middle School, 9695 Schaefer Road, Converse, TX
4126-BEXAR Universal City Hall, 2150 Universal City Blvd., Universal City, TX
202-COMAE John Paul II Catholic Hi h School, 6720 FM 482, New Braunfels, TX
205-COMAE Jay F. Feibehnan Garden Ridge Community Center, 21340 FM 3009, Garden Ridge, TX
301-COMAE Lone Star School G m, 2343 W. San Antonio St., New Braunfels, TX
THE STATE OF TEXAS }
}
COUNTYOF GUADALUPE}
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 November 6, 2012, and to be administered
by Sue Basham, Elections Administrator, hereinafter refen•ed to as "Elections Administrator".
Said Political Subdivision is holding a Special Election, at their expense on November 6,
2012.
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 elechonic voting system and to
compensate the County for such use.
NOW THEREFORE, inconsideration 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 Conhact. Political Subdivision agrees
to pay Guadalupe County for equipment, supplies, services, and adminishative 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.
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 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 an•ange 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
Page 2 of 7
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. (Election Judge and
Alternate Judge - $10/hom•; Clerks-$9/hour; 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 for mandatory training.
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. 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 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 Resotuces 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 Adminish~ator'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
eazly 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 ($9.15lhour). 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 appeaz~ance 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 fas 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
Elections Administrator 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 cenhal counting station officials:
Counting Station Manager: Sue Basham
Tabulation Supervisor: Sue Basham
Presiding Judge: Missy Doss
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. 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
Adminishator 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 Adminishator 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 conduct a proper recount.
Page 5 of 7
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 pazties 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 governrnents, 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.
Page 6 of 7
IN TIJSTIMONY H>;REOF, 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 , 2012, been executed on behalf of
Guadalupe County by the Elections Administrator pursuant to the Texas Election Code so
authorizing; and
2. It has on this ~ day of , 2012, been executed on behalf of the
Political Subdivision by its Presiding Offic r• authorized representative, pursuant to an action
of the Political Subdivision so authorizing.
GUADALUPE COUNTY, TEXAS ATTEST:
City/ of~Sc~hertz, (Te~xas•
BY~ BY`~J1~114t-n~(c~. o} ~(~
SUE BASHAM Presiding Officer/Authorized Representative
Elections Administrator
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