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Res 024-2014 2/18/2014 RESOLUTION NO. 24-2014 Resolution authorizing the City Manager to execute an agreement with the Wichita Falls Independent School District and with the City View Independent School District to conduct a Joint Election on May 10, 2014 WHEREAS, the City of Wichita Falls (City), Wichita Falls Independent School District (WFISD), and City View Independent School District (CVISD) will hold elections on May 10, 2014; and WHEREAS, it is the desire of the City of Wichita Falls, the Wichita Falls Independent School District, and the City View Independent School District to conduct a joint election to comply with Education Code, Section 11.0581, and to reduce the costs of the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The attached Joint Election Agreement between the City of Wichita Falls, the Wichita Falls Independent School District, and the City View Independent School District is hereby approved, and the City Manager is authorized to execute said agreement for the City of Wichita Falls, with such changes thereto as are approved by the City Attorney. PASSED AND APPROVED this the 18th day of February, 2014. ______________________________ M A Y O R ATTEST: ___________________________ City Clerk JOINT ELECTION AGREEMENT This agreement is made and entered into this ___ day of February, 2014, between the City of Wichita Falls (“City”), the Wichita Falls Independent School District (“WFISD”) and the City View Independent School District (“CVISD”) to conduct a joint election. I. JURISDICTION The City plans to hold a City Council Election on May 10, 2014, in Wichita County voting precincts for the purpose of electing a Mayor, Councilor District 3, Councilor District 4, and Councilor District 5. The WFISD Board of Trustees plans to hold a Board of Trustees Election on May 10, 2014, in Wichita County voting precincts for the purpose of electing School Trustees to Place 1 and two At-Large places. The CVISD Board of Trustees plans to hold a Board of Trustees Election on May 10, 2014 in Wichita County voting precincts for the purpose of electing two At-Large School Trustees. 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 WFISD and CVISD agree to pay the City 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 preclearance obligations are reinstituted by law, 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 WFISD and CVISD. 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 of 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 is expected to 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 is expected be used to tabulate the ballots. It is further agreed that the City 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 is expected to be responsible for the preparation of programs and the Wichita County Voter Registration Department is expected to be responsible for the testing of the iVotronic Voting System used for tabulating the ballots. Testing of the equipment is expected to be conducted at the Wichita County Voter Registration Department, 900 Seventh Street, Wichita Falls, Texas on May 5, 2014 at 1:00 p.m. The City of Wichita Falls expects to lease iVotronic voting devices from Wichita County for the election. V. VOTING LOCATIONS It is agreed by the participating authorities that early voting for the May 10, 2014, election will be held at the Wichita Falls Memorial Auditorium, 1300 Seventh Street, Wichita Falls, Texas and at Temporary Branch Polling Location at City View High School, 1600 City View Lane. 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, B, and C attached hereto and incorporated herein. Changes to precincts and polling places may be made by the each party to this document as permitted by law without affecting the validity of this document, but shall be clearly and promptly communicated to the other parties in writing. Increases in expenditures necessitated by any such change to precincts or polling places shall be borne entirely by the entity changing said precinct or polling place. VI. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL The City 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 judges and clerks as the need determines, and that election judges shall be paid $9.00 per hour and election clerks shall be paid $8.00 per hour. Each 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 site. It is further agreed by the participating authorities to employ up to ten early voting clerks during the early voting period (April 28, 2014- May 6, 2014). 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 ensure 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 ensuring 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 the election laws and procedures. The instructional class will be held at the Wichita Falls Memorial Auditorium, 1300 Seventh Street, Wichita Falls, Texas 76301, on date(s) to be determined by the Wichita Falls Elections Administrator. 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 WFISD and CVISD 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 WFISD and CVISD. VIII. BALLOT TABULATION AND RETURNS OF ELECTION The City will be responsible for the tabulation of ballots and the tabulation of early votes at the central counting station, Wichita County Courthouse, 900 Seventh Street, Wichita Falls, Texas. Following the tabulation of ballots on Saturday, May 10, the WFISD and CVISD are responsible for obtaining the unofficial results from the Elections Administrator. The Elections Administrator will prepare the following election records to be returned to the WFISD and CVISD no later than 5:00 p.m. May 16, 2014: [1] precinct-by-precinct returns in early voting and on Election Day; and [2] copy of the Combination Form (Poll List/Signature Roster) from each polling location, and for early voting. The WFISD and CVISD will be responsible for securing these records from the City by the date and time specified above. IX. RECORDS OF ELECTION Tracy Norr, 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 Section 271.010 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 Election Code and Texas Public Information Act at the City of Wichita Falls, City Clerk’s Office, 1300 Seventh Street, at any time during normal business hours. The Elections Administrator 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 Elections 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 Elections Administrator’s notice of intent to destroy the records, each participating authority will provide the Elections 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 10, 2014, election shall be borne 70% by the WFISD, 20% by the CVISD, and 10% by the City. The WFISD and CVISD agree to remit to the City, no later than April 25, 2014, a sum equal to 50% of their total estimated cost of election expenses. Final election expenses will be determined within thirty (30) days after the canvass of the election returns, and the City will provide the WFISD and CVISD with a final accounting. It is agreed that the remaining balance owed 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 WFISD agrees: (1) No charges or expenses shall be assessed by WFISD 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 of February 13, 2014 – May 10, 2014, to the extent the City Clerk determines that such an assistant has become necessary to assist in preparation. The assistant shall be paid an hourly rate not to exceed $9 per hour, not to exceed 300 hours. The expense for this assistant shall not be included as an election expense in determining the 70%/20%/10% division of expenses between the parties. XI. EARLY VOTING Tracy Norr, 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 authorities. MAIN EARLY VOTING POLLING PLACE Wichita Falls Memorial Auditorium 1300 Seventh Street Wichita Falls, Texas 76301 TEMPORARY BRANCH POLLING PLACE City View High School 1600 City View Lane Wichita Falls, TX 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, 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 expenditure 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, the WFISD and CVISD agree to conduct their election at their own expense. Approved by the Wichita Falls City Council on the ______ day of ___________, 2014. Executed on the ______ day of __________________, 2014. City of Wichita Falls, Texas By: _________________________ Darron J. Leiker, City Manager ATTEST: _______________________ Tracy B. Norr, City Clerk Accepted and Agreed to by the Wichita Falls Independent School District on the _______ day of ______________________, 2014. Approved: By: __________________________________ Board President ATTEST: _______________________ Secretary Accepted and Agreed to by the City View Independent School District on the _______ day of ______________________, 2014. Approved: By: __________________________________ Board President ATTEST: _______________________ Secretary EXHIBIT A CITY OF WICHITA FALLS VOTING PLACES, PRECINCTS & DISTRICTS 2014 City Box Voting Precincts Polling Place 1 401, 404, 405, 409 Sam Houston School 2500 Grant Street 2 305, 316, 407, 408 Crockett School 3015 Avenue I 3 102, 110, 402 Ben Franklin School 2112 Speedway 4 303, 304, 311 Washington-Jackson 1300 Harding 5 306, 312, 313 Kate Burgess 3109 Maurine 6 301, 302, 308 Alamo School 1912 – 11th Street 7 406, 410 Jefferson School 4628 Mistletoe Dr. 8 403, 411 Cunningham School 4107 Phillips 9 104, 105, 111, 112 M.S.U. Harding Admin. Bldg. 3400 Taft 10 103 Fowler School 5100 Ridgecrest 11 108, 113 TxDOT – W.F. Training Ctr. 1601 Southwest Parkway 12 109, 318, 319 Southern Hills 3902 Armory Rd. 13 201, 203 Kate Haynes School 1705 Katherine 14 207, 314, 315 Hirschi High School 3106 Borton 15 202, 208, 307 City View High School 1600 City View Drive EXHIBIT B WICHITA FALLS INDEPENDENT SCHOOL DISTRICT VOTING PLACES, PRECINCTS & DISTRICTS 2014 Precinct Number Polling Place 401, 404, 405, 409 Sam Houston School 2500 Grant Street 305, 316, 407, 408 Crockett School 3015 Avenue I 306, 312, 313 Kate Burgess 3109 Maurine 301, 302, 308 Alamo Elementary 1912 – 11th Street 109, 318, 319 Southern Hills School 3920 Armory Road 406, 410 Jefferson School 4628 Mistletoe Drive 403, 411 Cunningham School 4107 Phillips 104, 105, 111, 112 M.S.U. Hardin Admin Bldg. 3400 Taft 103 Fowler School 5100 Ridgecrest 108, 113 TXDOT – Training Center 1601 Southwest Pkwy 201, 203 Kate Haynes School 1705 Katherine 207, 314, 315 Hirschi High School 3106 Borton 102, 110, 402 Ben Franklin School 2112 Speedway 303, 304, 311 Washington-Jackson 1300 Harding EXHIBIT C CITY VIEW INDEPENDENT SCHOOL DISTRICT VOTING PLACES, PRECINCTS & DISTRICTS 2014 Precinct Number Polling Place 202, 208, 307 City View High School 1600 City View Drive