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Res 042-2004 3/2/2004RESOLUTION NO. y- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT FOR A JOINT ELECTION ON MAY 15, 2004, 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 15, 2004, and WHEREAS, it is the desire of the City of Wichita Falls and the Wichita Falls Independent School District to conduct a joint 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 on behalf of the City. SEC TION 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 2n day of March, 2004. MAYOR PRO TEM ATTEST: I City Clerk CITY OF WICHITA FALILS- WICHITA FALLS INDEPENDEN SCHOOL DISTRICT JOINT ELECTION AGREEME 1. JURISDICTION The Citv of Wichita Falls plans to hold a City Council Election on May 15, 2004, in Wichita County voting precincts for the purpose of ciccting a Mayor and City Councilors for Districts 3, 4, and 5. The Wichita Palls Independent School District Board of'frustees plans to hold a Board of Trustees Election on May 15, 2004, in Wichita County voting precincts for the purpose of electing School "I rustecs to Place Nos. 2. 3, 4 and 5. 11. ADMINISTRATION The City of Wichita Falls Elections Administrator /City Clerk agrees to coordinate, supervise and handle all aspects of administering the ,loin 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. 'file City of Wichita Falls Elections Administrator /City Clerk will serve as administrator and joint early voting clerk for the election; however, each participating authority remains responsible for the lawful conduct of their respective election. 111. LEGAL DOCUMENTS F:ach 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 thcjoint 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 tile joint election will be by use of the punch card voting system approved by the Seereuup of State in accordance with the Texas Election Coda It is further agreed that the City of Wichita Falls will provide For two separate ballot boxes for use during the early voting process and two separate ballot boxes for use at each of the regular polling places located within the city on election day. The Wichita County Voter Registration Department will be responsible for the preparation of programs and the testing of the punch card system used for tabulating the ballots. Testing of the equipment will be conducted at a (late, time, and location identified by Tile City of Wichita Falls Elections Administrator/City Clerk, and notification of this information will be provided to the Wichita Falls Independent School District by the City of Wichita Falls' Election AdministratodCity Clerk. Fite City of Wichita Falls agrees to provide punch card voting devices for the election V. VOTING LOCATIONS It is agreed by the participating authorjtics that early voting kbr the City of Wichita Falls/Wichita Falls Independent School District May 15, 2004, 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 attached hereto and incorporated herein, except that the Wichita Falls Independent School District will not have a poll at the City View site. VI. ELECTIONS JUDGES, CLERKS AND OTHER ELECTION PERSONNEL. The City of Wichita Falls will be responsible for the appointment of the presidin judge and alte rnate for each polling location, and also for the appointment of the Farly Voting Ballot Board It is agreed by the participating authoritics to employ the number of election clerks as the need determines. and that all election workers shall be paid $8.00 per hour. hhe 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 authoritics to employ up to eight early voting clerks, during the early voting period (April 28 -Ma) 11, 2004). the City of Wichita Falls' Elections Administrator /City Clerk is responsible for notifying Lill election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Flcction Code, and will take the necessary steps to insure that all election judges appointed for the joint election are eligible to serve. 'tire presiding judges, with the City of Wichita Falls I-dections AdministratodCity Clerk's assistance, will be responsible for insuring the eligibility of each appointed clerk hired to assist tile idge in the conduct of the election. 'file City of Wichita Falls Elections Administrator /City Clerk will hold a training session for the election judges and workers on the election process. 'file training session will be held at the Wichita Falls Memorial Auditorium, 1300 Seventh Street, Wichita Falls, Texas 76301 on a date to be set by the City of Wichita Falls Flections Administrator /City Clerk. I he election judges are responsible for picking up election supplies at the time and place determined by the Elections Administrator /City Clerk (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 /City Clerk 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 Administratm /City Clerk a list of candidates showing the order and the exact manner in which their names are to appear on the official ballot. "I his will be done as soon as possible after ballot positions have been determined by the Wichita Falls Independent School District. V LL BALLOT TABULATION AND RETURNS OF ELECTION The City of Wichita Fulls will be responsible for the tabulation of ballots and the tabulation of early votes at the central counting station, Wichita County COLIIthOnSe, 900 Seventh Street, Wichita Falls, Texas. Following the tabulation of ballots on Saturday, May 15, the City of Wichita Palls shall notify the Wichita Fulls Independent School District of tile unofficial results, and will prepare the following election records to be returned to Wichita Falls Independent School District no later than 5:00 p.m. Thursday. May 20, 2004: [I1 precinct by precinct returns in early voting and on election day, [2] copy of the Combination Foam (Poll List/Signaturc 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 Torres, City Clerk /Flecuctis 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 Public Information Act, Chapter 552, Government Code, at the City of Wichita Palls, Cit Clerk's Office, 1300 Seventh Street, at any time during normal business hours. The Elections Administrator /City Clerk 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 mininmm 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 /City Clerk 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 Administratom /City Clerk 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 /City Clerk 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 Adminisuator /City Clerk's notice of intent to destro the records, each participating authority will provide the Election Administrator /City Clerk 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 15, 2004. clection shall be borne 70'% by the Wichita Falls Independent School District and 30% by the City of Wichita lulls. The Wichita Falls Independent School District agrees to remit to the City of Wichita Falls, no later than April 29, 2004, a sum equal to 50% of the total estimated cost of election expenses. Final election expenses will be determined within 30 days after the canvass of the election returns, 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 latex 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 WI- ISD on election day for school premises; (2) to pay the costs incurred by the City to hire one person to assist the Cit Clerk in preparing and conducting the election. The assistant shall be paid an hourly rate not to exceed 310 per hour, and shall be hired for not more than 240 hours. 'I he expense for this assistant shall not be included as an election expense in determining the 70 %/30% division of expenses between the parties. (3) to pay any costs incurred by City as a direct result of coordinating the School District Election. This expense shall not be included as an election expense in determining the 70%'30% division of expenses between the parties. (4) Director of Legal Services will provide full cooperation and assistance, as requested by the City Clei k, for the conduct of this election. X1. EARLY VOTING Lydia Torres, City Clerk, will be appointed as joint early voting clerk in compliance with Section 271.006 of the 'Texas Election Coda Other deputy tarty 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 (Exhibit 13). MAIN EARLY VO DING POLLING PLACE Wichita Falls Menorial Auditorium 1300 Seventh Street Wichita Falls. 'I exas 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. City I fall. 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 Off ice. All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in accordance with Section 87.001 of Texas Election Code. X11. CONTRACT WITHDRAWAL Any participating authority that certifies their election in accordance with Section 2.051. 2.051 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 horn 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 2 "' day of March, 2004. City of Wichita Falls, Texas By: Jim Berzina, City Manager ATTEST: City Clerk Accepted and Agreed to by the Wichita Falls Independent School District Board of Ti ustees on the day of _ , 2004_ Approved: By: Ken Hines, President Board of'l rustees Wichita Falls Independent School District A I IS f: Liz halbert, Secictary Board ofTrustees/WPISD EXHIBIT A CITY OF WICHITA FALLS VOTING PLACES, PRECINCTS & DISTRICTS 2004 City Box Voting Prec incts Polling Place 40, 43 Sam Haustou School 2500 Grc Street �� Re, ion IX Gducanon Center Loop I I __ . 301 3 45 Gockut School 3015 v enue l _ ' 4 '7, 3R Martin Luther Kin4 ('enter 11 00 Srnith 5 30,34 Wevhmgon /Jockson 1 100 Il 6 31 NFISD- Cducatiott Center 104 Broad Street 7 10, 12 -: B3400 S_U Ilardin� Admin. [ild_ 'I' 8 42,44 (unnincham School 41071 hi hips 9 11 .46 ]�Ilcrson School 4628 M istletoe D riv e 10 16 Fowicr School 5100 Ki dgecrest I I 18 'I aDOT W.F_ 7 rvnino Ctr. 1101 )OnIhwCSt Par 12 IS _ Fain School 1562 No rman 13 13 McCaha School 161 S Midwesl Parkway 14 y0 33, 39 � (00 ny Vr w High Schnol _ 1 Qh ViewD rivc _ 15 �I, 22 � KaleHnms School 17 05 K the EXHIBIT A WICHITA FALLS INDEPENDENT SCHOOL DISTRICT VOTING PLACES, PRECINCTS & DISTRICTS 2004 Precinct Number 10 & 12 Polling Place M.S.U. I lardin Admix Bldg Jefferson Eleme -� I 1 & 46 13 McGaha Elementary IS - Fain F.Ientenla 16 Fowler Elem entary 17 & 1 Kate Havne Elcmcnrtv 18 _Marti Lu[hci Ki Center 30 & 3 - 31 WF ISD Educ ation Center 34 Lamar 8leme 35 & 3 Kate Burgess ELementar t Salvation A rmy Commu Center — 36 4M43 43 Sam Houswn Ele Region IX Ed ucation Ser Cenicr 41 4 2 I3en Mila Elementa 44 Cun ningham Elem entary 45 Crocket Elementa EXHIBIT B ORDER OF ELECTION FOR MUNICIPALITIES ( ORDEN DE ELECCION PARA MUNICIPIOS) A General Election is hereby ordered to be held on May 15 for the purpose of (Por la presente se ordena que se Ilevara acabo una Eleccion General el 15 d e_ Mayo _2004 con el proposito de.) ELECTING (ELEGIR) Mayor (Alcalde) Councilor District 3 (Concejal Distrito 3) Councilor District 4 (Concejal Distrito 4) Councilor District 5 (Concejal Distrito 5) Early voting by personal appearance will be conducted each weekday at Municipal Auditorium, 1300 7 Street, Wichita Falls, Texas (La votacion adelantada en persona se Ilevara acabo de lunes a viernes en el Edificio Municipal, 1300 Calle 7, Wichita Falls, Texas) Between the hours of 8:00 and _ 5:00 p.m. beginning on April 28_2 and ending on May 11 2004. (Entre las _ 8:00 de la manana y las 5:00 de la tarde empezando el 28 de ahril 2004 y concluyendo el 11 de mavo 20 Applications for ballot by mail shall be mailed to (Las solicitudes para boletas que se votaran en ausencia por correo deberan enviarse Ms. Lydia Torres Early Voting Clerk P.O. Box 1431 Wichita Falls, Texas 76307 Applications for ballot by mail must be received no later than the close of business on May 7 2004. Las solicitudes para boletas que se votaran en ausencia por correo deberan recibirse )ara el fin de las horas de negocio el 7 de ma 2004. ) Issued this the 2 _ day of__March _2004. ._ (Emitada el 2 de mar zo, 2 004) Mayor (fllculdc)