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Res 036-2006 3/7/2006 RESOLUTION NO. ��Yi 0 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT FOR A JOINT ELECTION ON MAY 13, 2006; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichita Falls and the Wichita Falls Independent School District will each have an election on May 13, 2006; and WHEREAS, it is the desire of the City and WFISD to conduct a joint election to reduce the costs of the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The attached Joint Election Agreement between the City of Wichita Falls and the Wichita Falls Independent School District is hereby approved and the City Manager is authorized to execute the same for the City. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 7 day of March 2006. ������ MAYOR ATTEST: . City Clerk CITY OF WICHITA FALLS-WICHITA FALLS INDEPENDENT SCHOOL DISTRICT JOINT ELECTION AGREEMENT I. JURISDICTION 'The City of Wichita Falls plans to hold a City Council Election on May 13, 2006, in Wichita County voting precincts for the purpose of electing a Mayor, Councilor District 3, Councilor District 4, and Councilor District 5, submitting proposed amendments to the City Charter of the City of Wichita Falls, and submitting a proposition on meet and confer. The Wichita Falls Independent School District Board of Trustees plans to hold a Board of Trustees Election on May 13, 2006, in Wichita County voting precincts for the purpose of electing school trustees to Place No. 1, Place 5, and two at-large positions. II. ADMINISTRATION The City of Wichita Falls Elections Administrator agrees to coordinate, supervise and handle all aspects of administering the Joint Election in accordance with the provisions of the Texas Election Code and as outlined in this agreement. The Wichita Falls Independent School District agrees to pay the City of Wichita Falls for equipment, supplies, services, and administrative costs as outlined in this agreement. The City of Wichita Falls Elections Administrator will serve as administrator for this election; however, each participating authority remains responsible for the lawful conduct of their respective election. III. LEGAL DOCUMENTS Each participating authority will be responsible for preparation, adoption and publication of all required election orders, resolutions, notices and any other pertinent documents required by their respective governing bodies. If needed, the City of Wichita Falls will be responsible for making the submission required by the Federal Voting Rights Act of 1965, as amended, with regard to administration of the joint election. A copy of the submission will be furnished to the Wichita Falls Independent School District. Any other changes which require preclearance by the U.S. Department of Justice will be the responsibility of each participating authority. Preparation of necessary bilingual materials for notices and preparation for the text for the official ballot will also be the responsibility of each participating authority. IV. VOTING SYSTEM Each participating authority agrees that voting at the joint election will be by use of the iVotronic Voting System (Direct Recording Electronic {DRE}) equipment approved by the Secretary of State in accordance with the Texas Election Code. Electronic tabulating devices and equipment will be used to tabulate the ballots. It is further agreed that the City of Wichita Falls will provide transfer cases for use during the early voting process and for use at each of the regular polling places located within the city on Election Day. Election Systems & Software will be responsible for the preparation of programs and the Wichita County Voter Registration Deparhnent will be responsible for the testing of the iVotronic Voting System used for tabulating the ballots. Testing of the equipment will be conducted at a date, time, and location identified by the Wichita Falls Elections Administrator, and notification of this information will be provided to the Wichita Falls Independent School District. The City of Wichita Falls agrees to provide iVotronic voting devices for the election. V. VOTING LOCATIONS It is agreed by the participating authorities that early voting for the City of Wichita Falls/Wichita Falls Independent School District May 13, 2006, Election will be held at the Wichita Falls Memorial Auditorium, 1300 Seventh Street, Wichita Falls, Texas. It is further agreed by the participating authorities that the polling places used on Election Day shall be the polling places identified on Exhibits A and B attached hereto and incorporated herein. VI. ELECTIONS JUDGES, CLERKS AND OTHER ELECTION PERSONNEL The City of Wichita Falls will be responsible for the appointment of the presiding judge and alternate for each polling location, and also for the appointment of the Early Voting Ballot Board. It is agreed by the participating authorities to employ the number of election clerks as the need determines, and that all election workers shall be paid $9.00 per hour. The election judge will receive an additional $25.00 for picking up the election supplies prior to Election Day and for delivering election returns and supplies to their designated drop-off sites. It is further agreed by the participating authorities to employ the necessary number of early voting clerks, during the early voting period (May 1, 2006-May 9, 2006). The City of Wichita Falls' Elections Administrator is responsible for notifying 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 joint election are eligible to serve. The presiding judges, with the Elections Administrator's assistance, will be responsible for insuring the eligibility of each appointed clerk hired to assist the judge in the conduct of the election. The City of Wichita Falls' Elections Administrator will conduct a training class for the election workers on election laws and on the use of the iVotronic voting devices. The instructional class will be held at the Wichita Falls Memorial Auditorium, 1300 Seventh Street, Wichita Falls, Texas 76301. The election judges are responsible for picking up election supplies at the time and place determined by the Elections Administrator (which will be set forth in the election judge letter requesting service for this election). VII. SUPPLIES AND PRINTING The City of Wichita Falls Elections Administrator will arrange for all election supplies and election printing, including, but not limited to, all forms, signs and other materials used by the election judges at the voting locations. The Wichita Falls Independent School District will furnish the City of Wichita Falls' Elections Administrator a list of candidates showing the order and the exact manner in which their names are to appear on the official ballot. This will be done as soon as possible after ballot positions have been determined by the Wichita Falls Independent School District. VIII. BALLOT TABULATION AND RETURNS OF ELECTION 'The City of Wichita Falls will be responsible for the tabulation of ballots and the tabulation of early votes at the central counting station, Wichita County Courthouse, 700 Seventh Street, Wichita Falls, Texas. Following the tabulation of ballots on Saturday, May 13, the Wichita Falls Independent School District is responsible for obtaining the unofficial results from the Elections Administrator. The Elections Administrator will prepare the following election records to be returned to Wichita Falls Independent School District no later than 5:00 p.m. Monday, May 19, 2006: [1] precinct by precinct returns in early voting and on Election Day; [2] copy of the Combination Form (Poll LisdSignature Roster) from each polling location, and for early voting. The Wichita Falls Independent School District will be responsible for securing these records from the City of Wichita Falls by the date and time specified above. IX. RECORDS OF ELECTION Lydia Ozuna, City of Wichita Falls City Clerk/Elections Administrator, is hereby appointed general custodian of the voted ballots and all records of the Joint Election, as authorized by Chapter 271 of the Texas Election Code. Access to the election records will be available to each participating authority as well as to the public, in accordance with the Texas Public Information Act, Chapter 552, Government Code, at the City of Wichita Falls, City Clerk's Office, 1300 Seventh Street, at any time during normal business hours. The Elections Administratar shall ensure that the records are maintained in an orderly manner, so that records are clearly identifiable and retrievable per records storage container. Records of the election will be retained and disposed of in accordance with the provisions of Title 6, Subtitle C, Chapters 201 through 205, Texas Local Government Code, including the minimum retention requirements established by the Texas State Library and Archives Commission. If records of the election are involved in any pending election contest, investigation, litigation, or Texas Public Information Act, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of any participating authority to bring to the attention of the Elections Administrator any notice of any pending election contest, investigation, litigation, or Texas Public Information Act request which may be filed with a participating authority. On the first business day which follows the date that the records of the election are eligible for destruction, the Election Administrator will notify in writing each participating authority of the planned destruction of any records of the election. Within fifteen days of receipt of the Election Administrator's notice of intent to destroy the records, each participating authority will provide the Election Administrator with written authorization to proceed with destruction or written instructions to withhold destruction. X. ELECTIONS EXPENSES The participating authorities agree the costs of administering the May 13, 2006, election shall be borne 70% by the Wichita Falls Independent School District and 30% by the City of Wichita Falls. The Wichita Falls Independent School District agrees to remit to the City of Wichita Falls, no later than Apri121, 2006, a sum equal to 50% of the total estimated cost of election expenses. Final election expenses will be determined within 30 days after the election, and the City will provide the Wichita Falls Independent School District with a final accounting. It is agreed that the remaining balance owed by the Wichita Falls Independent School District will be remitted to the City no later than thirty (30) days after receipt of the final accounting. In addition to payment of 70% of the election expenses, the Wichita Falls Independent School District agrees: (1) no charges or expenses shall be assessed by Wichita Falls Independent School District for janitorial services or HVAC expenses incurred by WFISD on Election Day for school premises; (2) to pay the costs incurred by the City to hire one person to assist the City Clerk during the Election preparation period March 1, 2006 — May 12, 2006. The assistant shall be paid an hourly rate not to exceed $9 per hour. The expense for this assistant shall not be included as an election expense in determining the 70%/30% division of expenses between the parties. (3)Angela Michael, Wichita Falls Independent School District Director of Legal Services, will provide assistance, as necessary, to the City Clerk for the conduct of this election. XI. EARLY VOTING Lydia Ozuna, City Clerk, will be appointed as joint early voting clerk in compliance with Section 271.006 of the Texas Election Code. Other deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting at the main location. Early voting by personal appearance will be conducted in accordance with the election order of the participating authority. MAIN EARLY VOTING POLLING PLACE: Wichita Falls Memorial Auditorium 1300 Seventh Street Wichita Falls, Texas 76301 All requests for early voting ballots by mail that are received by participating authorities will be delivered by the most efficient means on the day of receipt to the City of Wichita Falls, City Clerk's Office, Memorial Auditorium, Room 104, 1300 Seventh Street, Wichita Falls, Texas 76301, for processing. Persons voting by mail will send their voted ballots to the City of Wichita Falls, City Clerk's Office. All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in accordance with Chapter 87 of the Texas Election Code. XII. CONTRACT WITHDRAWAL Any participating authority that certifies their election in accordance with Section 2.051, 2.052, and 2.053 of the Texas Election Code, may withdraw from the joint election contract. Any expenditures incurred prior to withdrawal shall be billed separately and that contracting authority shall be removed from the contract. In the event of election cancellation by the City of Wichita Falls, the Wichita Falls Independent School District agrees to conduct its election at its own expense. Approved by the Wichita Falls City Council on the day of , 2006. Executed on City of Wichita Falls, Texas B Darron Leiker, City Manager ATTEST: Lydia Ozuna, City Clerk Accepted and Agreed to by the Wichita Falls Independent School District Board of Trustees on the day of , 2006. Approved: By: Board President ATTEST: Secretary EXHIBIT A CITY OF WICHITA FALLS VOTING PLACES, PRECINCTS & DISTRICTS 2006 City Box Voting Precincts Polling Place 1 40, 43 Sam Houston School 2500 Grant Street 2 35, 36, 41 Region IX Education Center 301 Loop 11 3 45 Crockett School 3015 Avenue I 4 37, 38 Martin Luther King Center 1100 Smith 5 30, 34 Washington/Jackson 1300 Harding (, 31 WFISD-Education Center 1104 Broad Street � 10, 12 M.S.U. Harding Admin. Bldg. 3400 Taft g 42, 44 Cunningham School 4107 Phillips 9 11, 46 Jefferson School 4628 Mistletoe Drive 10 16 Fowler School 5100 Ridgecrest 11 18 TxDOT — W.F. Training Ctr. 1601 Southwest Parkway 12 15 Fain School 1562 Norman 13 13 McGaha School 1615 Midwestern Parkway 14 20, 32, 39 City View High School 1600 City View Drive 15 21, 22 Kate Haynes School 1705 Katherine � ExxIBiT B WICHITA FALLS INDEPENDENT SCHOOL DISTRICT VOTING PLACES, PRECINCTS & DISTRICTS 2006 Precinct Number Polling Place 40, 43 Sam Houston School 2500 Grant Street 45 Crockett School 3015 Avenue I 37, 38 M.L.K. Center 1100 Smith 30, 34 Washington/Jackson School 1300 Harding 31 (part ofl WFISD Education Center 1104 Broad Street 42, 44 Cunningham School 4107 Phillips 11, 46 Jefferson School 4628 Mistletoe Drive 16 Fowler School 5100 Ridgecrest 18 TXDOT — Training Center 1601 Southwest Pkwy 10, 12 M.S.U. Hardin Admin Bldg. 3400 Taft 15 Fain School 1562 Norman 13 McGaha School 1615 Midwestern Pkwy (part o� 31, 35, 36, 41 Region IX Education Service Center 301 Loop 11 17, 21 Kate Haynes School 1705 Katherine