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2009R01-Joint Election Contract RESOLUTION NO. 09-R-Ol 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, SCHERTZ- CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT (SCUCISD) AND CIBOLO CREEK MUNICIPAL AUTHORITY TO BE HELD ON MAY 9, 2009 FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACE 3, PLACE 4 AND 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 OF SCHERTZ, TEXAS: SECTION 1. An election shall held on May 9, 2009 in and throughout the City of Schertz, Texas (the "City"), for the purpose of electing Councilmember's for Place 3, Place 4, Place 5 for a term to expire in May of2011. SECTION 2. The City will ho.ld a joint election with the Schertz-Cibolo-Universal City Independent School District (the "District"), the City of Cibolo and Cibolo Creek Municipal Authority 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 and Cibolo Creek Municipal Authority 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 for Place 3, Place 4, and Place 5, 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 7, 2009 and no later than March 9, 2009, 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 Councilmember for Place 3, Place 4, or Place 5. 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. 45867374.1 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 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 27, 2009 through May 5, 2009, 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 27,2009 through Friday May 1, 2009 45867374.1 and from 7:00 a.m. to 7:00 p.m. on May 4, 2009 and May 5, 2009 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 May 1, 2009. 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 anyone of the designated polling places. The election shall be held and conducted in accordance with the provisions ofthe 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 ofthe 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 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 45867374.1 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 6th day of J an ry,2009. - ~ Mayor, City of Schertz, Texas ATTEST: .~ ..--...------."... ,~~ . ' "-'.__ '\ 'yC,,- ~ui'Y\""A /~ Brenda Dennis TRMC, CMC, City Secretary (SEAL OF CITY) 45867374.1