Loading...
HomeMy WebLinkAboutRES 09-076 RESOLUTION NO. 09-076 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute a Joint Election Agreement between the City of Beaumont, Beaumont Independent School District and the Port of Beaumont for the general election to be held on May 9, 2009, with a runoff election to be held in June, 2009, if necessary. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of March, 2009. - ayor Becky Ames - JOINT ELECTION AGREEMENT AND ELECTION SERVICES CONTRACT BETWEEN THE CITY OF BEAUMONT AND BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE PORT OF BEAUMONT FOR THE CONDUCT OF A JOINT ELECTION TO HE HELD SATURDAY MAY 9, 2009 TO BE ADMINISTERED BY THE CITY CLERK 1. JURISDICTION 1.1 The General Election for the City of Beaumont to held on May 9, 2009. 1.2 The City of Beaumont,the Beaumont Independent School District and the Port of Beaumont either have or may order an election to be held on the 9`h day of May, 2009, relating to the affairs of each entity. 1.3 A list of each precinct and election day polling locations involved in the joint election, is shown in Attachment "A". 2. ADMINISTRATION The City Clerk of the City of Beaumont agrees to coordinate, supervise and handle all aspects of administering the Joint Election in accordance with the provisions of the Texas Election Code as outlined in this agreement. Each participating authority agrees to pay the City of Beaumont for equipment, supplies, services and administrative costs as outlined in this agreement. The City Clerk will serve as administrator for the election; however, each participating authority remains responsible for the lawful conduct of their respective election. 3. LEGAL DOCUMENTS 3.1 Each participation 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. Page 1 EXHIBIT "A" 3.2 Any submission of pre-clearance to the 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. Each participating authority will provide a copy of their respective election notices and justice submission to the City Clerk. 4. DIRECT RECORD VOTING SYSTEM/OPTICAL SCAN 4.1 Each participating authority agrees that voting at the joint election will be by use of a direct record and optical scan voting system approved by the Secretary of State in accordance with the Texas Election Code. The City Clerk 's Office will be responsible for the preparation of programs and the testing of the direct record system and optical scan system used for tabulating the ballots. 4.2 The City of Beaumont agrees to provide direct recording electronic devices (DRE), and voting booths for the joint election. 5. VOTING LOCATIONS 5.1 Voting locations will be the voting locations for the City precincts as approved by the City Council of the City of Beaumont on February 10, 2009. The voting locations are listed in Attachment"A" of this agreement. In the event a voting location is not available, the City Clerk will arrange for use of an alternate location with the approval of each participating authority affected by the change. The City will be responsible for submitting any polling location changes to the Department of Justice for pre-clearance that changes from the list approved on February 10, 2009. The City will notify each participating authority of any changes from the locations listed in (Attachment"A"). 6. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL 6.1 The City ouncil of the City of Beaumont approved the appointments of the residin 'ud e Y tY PP PP P g J g and alternate for each polling location on February 10, 2009. The City Clerk shall arrange for the training and compensation of all presiding judges and clerks. The election judges are listed in Attachment"A" of this agreement. If a person is unable or unwilling to serve,the City Clerk will submit to the City Council a substitute name for the precinct and notify each participating authority affected by the change. 6.2 In compliance with the Federal Voting Rights Act of 1965,as amended,precincts containing more than 5% Hispanic population, according to the 2000 census statistics are required to have interpreter assistance. If the presiding judge is not bilingual and is unable to hire a bilingual clerk, the City Clerk may make a recommendation. The City Clerk has available one staff member who may assist at polling locations if necessary. Page 2 6.3 The City Clerk will hold schools of instruction on the use of electronic and optical scan voting equipment and on election laws. All election judges and alternates must attend an election judge training session taught by the City Clerk. 6.4 The election judges are responsible for picking up election supplies at the time and place determined by the City Clerk. Each election judge,alternate and clerk will receive$8.00 per hour (for a maximum of 14 hours) on Election Day. The election judge will receive an additional$25.00 for delivering election returns and supplies to the Central Counting Station (Beaumont Civic Center). All poll workers for the Early Voting period under the supervision of the Early Voting Clerk, Tina Broussard will be compensated at a rate of$8.00 per hour. 6.5 The City Clerk will employ other personnel necessary for the proper administration of the election, including such part-time help as necessary to prepare for efficient tabulation of ballots at the central counting station(Beaumont Civic Center).Personnel working in support of the central counting station on election night will receive pay for at least two hours, minimum call for service, regardless of the actual hours worked. 7. SUPPLIES AND PRINTING 7.1 The 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. 7.2 The City Clerk will provide instructions and other information needed to enable the election judges to conduct a proper election. 7.3 Each participating authority shall furnish the City Clerk a list of candidates and/or propositions showing the order and the exact manner in which their candidate names and/or propositions are to appear on the official ballot. The list will be delivered to the City Clerk no later than 12:00 noon on March 16,2009. Each participating authority will be responsible for proofreading and approving the ballot in so far as it pertains to that authority's candidates and/or propositions. 8. OPTICAL SCAN BALLOTS 8.1 The ballot allocation for Election Day is based on providing enough ballots in every reporting precinct to handle the same turnout as in comparable elections that utilized the optical scan ballot plus an additional twenty-five percent (25%) of that number. 8.2 Premiere Election Solutions will print the ballots for Early Voting by mail. Premiere Election Solutions will print the provisional ballots for the Early Voting period and a Page 3 minimum of twelve (12) ballots per ballot style will be available at the Early Voting locations. 9. RETURNS OF ELECTION 9.1 The City Clerk will be responsible for establishing and operating the central counting station (Beaumont Civic Center) to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. 9.2 The participating authorities hereby, in accordance with Section 127.002, 127.003 and 127.005 of the Texas Election Code,appoint the following central counting station officials: Manager Lisa Adam and Staff of Premiere Election Solutions 9.3 The manager or his representative will deliver timely cumulative reports of the election results as precinct are tabulated. The manager will be responsible for releasing cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies. 9.4 The City Clerk will prepare the unofficial canvass report after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns and provisional ballots have been tabulated. All participating authorities will be responsible for the official canvass of their respective elections. 9.5 The City Clerk will be responsible for conducting the post election manual recount, unless a waiver is given from the Secretary of State in accordance with Section 127.201 of the Texas Election Code. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office. 10. ELECTION EXPENSES 10.1 The participating authorities agree to share the costs of administering the May 9,2009 Joint Election. An administration fee not to exceed 10% of the total value of the contracted services per entity shall be assessed by the City for general supervision of the election. Allocation of equipment and miscellaneous cost will be proportionate to the number of shared polling locations and programming cost will be assessed per entity based on the actual hours spent coding and changing date for the entity. 10.2 Each participating authority, will pay proportionately the expenses for early voting by mail and personal appearance based on actual cost for labor, postage and supplies. 10.3 Final election expenses will be determined within 30-45 days after the election. The City Page 4 Clerk will provide each participating authority with a detailed billing statement. Any disputed amount should be reported within ten (10) days of receipt of the statement. Payment is due upon receipt of the bill if there are no discrepancies. 11. RECORDS OF THE ELECTION 11.1 Tina Broussard,City Clerk 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. 11.2 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 office of the City Clerk, 801 Main St. 4125, Beaumont, Texas, at any time during normal business hours. 11.3 Records of the election will be retained and disposed of in accordance with the records retention schedules and in accordance with the provisions of Title 6,Subtitle C,Chapter 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 City Clerk shall maintain the records until final resolution or until final judgement,whichever is applicable. It is the responsibility of any participating authority to bring to the attention of any participating authority to bring to the attention of the 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. 12. EARLY VOTING 12.1 Tina Broussard, City Clerk, will be appointed as early voting clerk in compliance with sections 271.006 of the Texas Election Code. Other deputy early voting judges/clerks will be appointed by the early voting clerk as needed to process early voting mail and to conduct early voting at the main location. 12.2 Early voting by personal appearance will be conducted at the locations and times described in (Attachment"B"). Any qualified voter for the Joint Election may vote early by personal appearance at the main early voting location. 12.3 All request for early voting by mail will send their voted applications and ballots to the City Clerk, 801 Main St. #125, Beaumont, Texas 77701 for processing. 12.4 All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in accordance with Section 87.001 of the Texas Election code. (Attachment C) Page 5 13. ELECTION REPORTS The Early Voting Clerk will be responsible for ensuring the delivery of the reports titled Early Voting Daily Vote Totals to each participating authority each day of Early Voting for the previous day's voting activity. The Early Voters' report will be delivered by electronic means via e-mail, facsimile, or website. 14. RUNOFF ELECTION In the event a runoff is necessary,the agreement will automatically be extended to cover the runoff,unless a participating authority states in writing before April 30,2009,that it does not wish to participate in a joint runoff. 15. RECOUNT A recount cost would be billed at the applicable rate to the authority responsible for the canvassing of that election. The guidelines for a recount can be found in the Texas Election Code, Title 13, Chapters 211 through 216. 16. 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 billed separately and that contracting authority shall be removed from the contract. An addendum page (s) to the contract shall be provided to the remaining participants no later than five(5)days after notification of all intents to withdraw have been received by the City Clerk. 17. NOTICE Whenever this agreement requires any consent, approval notice,request or demand, it must be in writing to be effective and shall be delivered to the City Clerk: Tina Broussard, City Clerk P.O. 3827 Beaumont, TX 77704-3827 City of Beaumont: Page 6 APPROVED AND EXECUTED ON , 2009. Kyle Hayes, City Manager ATTEST Tina Broussard, City Clerk APPROVED AS TO FORM: Tyrone E. Cooper, City Attorney Entity: Beaumont Independent School District APPROVED AND EXECUTED ON , 2009 Terry A. Ingram, Assistant Superintendent for Administration/Operations ATTEST: Janice Teal ENTITY: Port of Beaumont APPROVED ON EXECUTED ON , 2009. Page 7 David C. Fisher, CEO ATTEST: Janet Floyd Page 8 EXHIBIT "A" - 2009 GENERAL ELECTION ORDINANCE PRECINCTIBISD POLLING LOCATION JUDGE ALTERNATE /PORT 001 French Elementary School Victorian Ryan Andrew Ryan 3525 Cleveland Ave. Beaumont,TX 77703 002 Field Elementary Mary S.Williams Jerrie Mathis 4315 Concord Rd. Beaumont, TX 77703 003 Brown Alternative Center Roselyn Isadore Thelma Fielder 1900 Pope St. Beaumont,TX 77703 004 Administration Building Dr. Bruce Drury Harold Steward 3395 Harrison Avenue Beaumont,TX 77703 005 Caldwood Elementary Norma Conner Mary Simmons 102 Berkshire Lane Beaumont,TX 77707 006 Central Senior High Sch. Celeste Johnson Gregory Cottington 88 Jaguar Beaumont,TX 77702 007 O.C. "Mike" Taylor Career Christine Gavrelos Penny Zaza Center 2330 North Street Beaumont, TX 77702 008 Magnolia Baptist Church Jo Helen Stephens Kentha Stephens 2830 Pine St. Beaumont,TX 77703 010 Scott Olive Baptist Church Nanette Cantue Leslie Cantue 1050 Ewing Beaumont,TX 77701 011 Jefferson County Court Rose O. Solomon Lorenzo Lee Owens House 1149 Pearl Beaumont, TX 77701 012,013 Dunbar Elementary Connie Patterson Brenda White Page 9 825 Jackson Beaumont,TX 77701 014 Ogden Elementary Kimberly Lewis Harold Lewis 2300 Victoria Beaumont, TX 77701 015 King Middle School Olivia Gonzales Vacant 1400 Avenue A Beaumont,TX 77701 016 Fletcher Elementary School Herman Davis Rose Davis 1055 Avenue F Beaumont,TX 77701 017,026,090 Municipal Airport Mary Randall Stephen Randall 455 Keith Rd., Hwy 90 Beaumont, TX 77713 018 Ozen High School Margaret Bostic Leroy Bostic 3443 Fannett Rd. Beaumont,TX 77705 019 BISD Administration,Annex Pauline Mouton Nelson Mouton 1025 Woodrow Beaumont,TX 77705 020 Pietzsch Elementary Rosa Thomas Joyce Franklin 4301 Highland Ave. Beaumont, TX 77705 021, 067 South Park Middle School Willmeretta Lowe Sonya Pickens 4500 Highland Ave. Beaumont, TX 77705 022 Guess Elementary School J.W. Albert Brenda Green 8055 Old Voth Rd. Beaumont, TX 77713 023 Rosedale Baptist Church James Boykin Karlene Boykin 7110 Concord Beaumont, TX 77708 027,078,086 Vincent Middle School Jon Tritsch Theresa Hefner-Babb 350 Eldridge Beaumont, TX 77707 039 Odom Middle School Maudry Plummer Samuel Peterson 2250 West Virginia St. Beaumont, TX 77705 062 Sallie Curtis Elementary Sandra Moore Ira McKinney Page 10 6225 North Circuit Dr. Beaumont,TX 77706 063 Lucas Elementary School Thelma Noble Sallie Cannon 1750 East Lucas Beaumont,TX 77703 064 Theodore Johns Library Mary B. Francis Leona Moore 4255 Fannett Beaumont,TX 77705 065 Regina-Howell School Sharon Hughes Ellen Rivers 5850 Regina Lane Beaumont,TX 77706 066 Bevil Oaks Civic Center Mabel Matthews Shirley Collins 7390 Sweetgum Bevil Oaks,TX 77713 067 Austin Middle School Helen Stone Paula Sadler 3410 Austin Beaumont, TX 77706 072 Wesley United Methodist Oleta Holmes Lenora Caffey 3810 N. Major Dr. Beaumont,TX 77713 073 George Marshall School John O. Clayton Jerry Bridges 6455 Gladys Beaumont, TX 77706 075 Lamar-Health & Human Diann Dennis Glenn Darden Performance Complex A 4400 S MLK Jr. Parkway Beaumont,TX 77705 077 St. Pius X Church Bessie Williams Mary Doyle 5075 Bigner Road Beaumont, TX 77708 079,100 Tennis Center Bob Bearb John Mistrot 6455 College Beaumont,TX 77707 084, 085 Fehl School Calara Oliver Dora Nisby 3350 Blanchette Beaumont, TX 77701 087,088,099 Pine Burr Baptist Church Sherrie Fitzgerald Darlene Guidry 5095 Pine Burr Blvd. Page 11 Beaumont, TX 77708 089 Ridgewood Retirement Ctr. Katherine Campbell Willie Mae Thomas 2520 IH 10E Beaumont, TX 77703 104& 116 R. C. Miller Library Jane Walker JoAnn Bordeman 3650 Dowlen Rd. Beaumont,TX 77706 Early Voting Beaumont City Hall Lucille Bryant Wallace Bryan 801 Main St. 1$` Floor Conference Rm. Beaumont, TX 77701 Page 12 EXHIBIT "B" Early Voting Location City Hall 801 Main St. 1St Floor Conference Room Beaumont, TX 77701 Page 13 Exhibit "C" EARLY VOTING BALLOT BOARD Appointed: Lucille and Wallace Bryan Page 14