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HomeMy WebLinkAboutRES 11-095 RESOLUTION NO. 11-095 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manger is hereby authorized to execute a Joint Election Agreement with the City of Beaumont, Beaumont Independent School District and the Port of Beaumont for the General Election to be held on May 14, 2011, with a runoff election to be held in June, 2011, if necessary. The agreement is substantially in the form attached hereto as Exhibit "A" and made part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2011. 1 1,010I - Mayor 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 BE HELD SATURDAY MAY 14, 2011 TO BE ADMINISTERED BY THE CITY CLERK .1. JURISDICTION 1.1 The General Election for the City of Beaumont to held on May 14, 2011. 1.2 The City ofBeaumont,the Beaumont Independent School District and the Port ofBeaumont either have or may order an election to be held on the 14"day ofMay,2011,relating to the affairs of each entity. 1.3 A list ofeach precinct and election day polling locations involved in the joint election,is shown in Attachment"A". 2. ADMINISTRATION The City Clerk ofthe City of Beaumont agrees to coordinate,supervise and handle all aspects of administering the Joint Election in accordance with the provisions ofthe 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 Page I EXHIBIT "A" 3.1 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. 3.2 Any submission ofpre-clearance to the Department ofJustice,will be the responsibility ofeach 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 oftheir 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 ofprograms and the testing of the direct record system and optical scan system used for tabulating the ballots. 4.2 The City ofBeaumont 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 January 25,2011. The voting locations are listed in Attachment"A" ofthis agreement. In the event a voting location is not available,the City Clerk will arrange for use ofan 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 ofJustice for pre-clearance that changes from the list approved on January 25,2011. 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 Council of the City of Beaumont approved the appointments ofthe presiding j udge and alternate for each polling location on January 25,2011. 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. Ifa person is unable or unwilling to serve,the City Clerk will appoint someone on an emergency basis and notify each entity. Page 2 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. 6.3 The City Clerk will hold schools of instruction on the use ofelectronic 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, (City Clerk)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-tame help as necessary to prepare for efficient tabulation of ballots at the central counting station(Beaumont Civic Center).Personnel working in support ofthe 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 ofcandidates 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 18,2011. 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 Page 3 8.1 The ballot allocation for Election Day is based on providing enough ballots in every reporting precinct to handle the same turnout as incomparable elections that utilized the optical scan ballot plus an additional twenty-five percent(25%)of that number. 8.2 E S&S Election will print the ballots for Early Voting by mail as well as the provisional ballots for the Early Voting period and a 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: Sheri Menges and Staff of Election Systems and Software 9.3 The manager or their representative will deliver timely cumulative reports of the election results as precincts 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 Page 4 10.1 The participating authorities agree to share the costs of administering the May 14,2011 Joint Election. An administration fee not to exceed 10%ofthe total value ofthe contracted services per entity shall be assessed as authorized by the Texas Election Code,Sec.31.100. 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 Clerk will provide each participating authority with a detailed billing statement. Any disputed amount should be reported within ten(10)days of receipt ofthe statement. Payment is due upon receipt of the bill if there are no discrepancies. 1.1. 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 27 1.0 10 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 ofthe City Clerk,801 Main St.#125,Beaumont,Texas,at any time during normal business hours. 11.3 Records ofthe electionwill be retained and disposed ofin accordancewith therecords 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 ofthe 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 ofthe Texas Election Code. Other deputy early voting judgeslclerks will be appointed by the early voting clerk as needed to process early voting mail and to conduct early voting at the main location. Page 5 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 as well as the four branch early voting locations. 12.3 All request for early voting by mail will send their applications and voted ballots to the City Clerk, 801 Main St. #125, Beaumont, Texas 77701 for processing. 12.4 All early voting ballots wit I be prepared for counting by an Early Voting Ballot Board appointed in accordance with Section 87.001 of the Texas Election code. (Attachment C) 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 runoffis necessary,the agreement will automatically be extended to cover the runoff, unless a participating authority states in writing before April 30,2011,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 ofthat 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. Page 6 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 G. Broussard, City Clerk P.O. Box 3827 Beaumont,TX 77704-3827 City of Beaumont: APPROVED AND EXECUTED ON , 2011. Kyle Hayes, City Manager ATTEST Tina G. Broussard, City Clerk APPROVED AS TO FORM: Tyrone E. Cooper, City Attorney Entity: Beaumont Independent School District APPROVED AND EXECUTED ON , 2011 Philip Brooks,Assistant Superintendent for Administration/Operations Page 7 ATTEST: Janice Teal ENTITY: Part of Beaumont APPROVED ON EXECUTED ON 52011. David C. Fisher,CEO ATTEST: Janet Floyd Page 8 EXHIBIT "A" - 2011 GENERAL ELECTION ORDINANCE PRECINCT/BISD POLLING LOCATION JUDGE ALTERNATE /PORT 001, 003 Brown Alternative Center Thelma Fielder Joyce Franklin 1900 Pope St. Beaumont, TX 77703 002 Smith Middle School Mary S.Williams Patricia Pittman 4415 Concord Beaumont,TX 77703 004 BISD Admin. Building Dr. Bruce Drury Harold Steward 3395 Harrison Avenue Beaumont, TX 77703 005 1't Christian Church Ray Nelson Mary Simmons 5290 N.Caldwood Beaumont,TX 77707 006 Central Senior High Sch. Celeste Johnson Judy Richardson 88 Jaguar Beaumont,TX 77702 007 O.C. "Mike"Taylor Career Rebecca lies Ellen McIntosh Center 2330 North Street Beaumont,TX 77702 008 Magnolia Baptist Church William Bostic Jed Dollinger 2830 Pine St. Beaumont, TX 77703 010 Scott Olive Baptist Church Nanette Cantue Laquita Mitchell 1050 Ewing Beaumont,TX 77701 011 Jefferson County Court Rose O.Solomon Lorenzo Lee Owens House 1149 Pearl Beaumont, TX 77701 012,013 S. E. Texas Family Res. Connie Patterson Brandi Lewis Center 2060 Irving Beaumont, TX 77701 Page 9 014 East Mt.Olive Baptist Kimberly Lewis Harold Lewis Church 1197 Corley Beaumont,TX 77701 015 King Middle School Rosa Batiste Clara Muller 1400 Avenue A Beaumont,TX 77701 016 Fletcher Elam.School Charlie Mingo Johnny Howard 1055 Avenue F Beaumont,TX 77701 017,026,090 Municipal Airport Barbara Shipper Rebecca Moreira 455 Keith Rd., Hwy 90 Beaumont,TX 77713 018 Ozen High School Margaret Bostic Leroy Bostic 3443 Fannett Rd. Beaumont,TX 77705 019 BISD Admin.Annex Pauline Mouton Nelson Mouton 1025 Woodrow Beaumont,TX 77705 020 Pietzsch Elementary Rosa Thomas Wilburean Benard 4301 Highland Ave. Beaumont,TX 77705 021, 067 Alice Keith Rec. Center Willmeretta Lowe Sonya Pickens 4500 Highland Ave. Beaumont,TX 77705 022 Roy Guess Elam.School Janet Dietz Gladys O'Brien 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 028,092 Jeff. County Pct.4 Svc.Cntr. Alberta Jones Geraldine Beckett 7780 Boyt Rd. Beaumont,TX 77713 Page 10 031 Labelle Fire Station Barbara Fox John T. Fox 12880 FM 355 Beaumont, TX 77708 039 Blanchette Elem. School Samuel Peterson Maudry Plummer 2400 Lela St. Beaumont,TX 77705 062 Marshall Middle School Wanda Pumphrey Doris Campbell 6455 Gladys Beaumont,TX 77708 063 Martin Elementary Sch. Thelma Noble Juanita Walker 3500 Pine St. Beaumont, TX 77703 064 Theodore Johns Library Mary B.Francis Brenda White 4255 Fannett Beaumont,TX 77705 065 Regina-Howell Elem. School Linda McClung Mary Grimes 5850 Regina Lane Beaumont,TX 77706 066 Bevil Oaks Civic Center Mabel Matthews Teddy Taylor Couch 7390 Sweetgum Bevil Oaks,TX 77713 067 Austin Middle School Helen Stone Paula Sadler 3410 Austin Beaumont,TX 77706 068 Austin Middle School Helen W.Stone Paula Sadler 3410 Austin Beaumont,TX 77706 072 Wesley United Methodist Cindy Grimes Anna Delano 3810 N. Major Dr. Beaumont,TX 77713 073, 062 Marshall Middle School Wanda Pumphrey Doris Campbell 6455 Gladys Beaumont,TX 77706 075 Lamar-Health & Human Howard Rogers Verona Harrell Performance Complex A 4400 S MLK Jr. Parkway Beaumont,TX 77705 Page 11. 077 St. Pius X Church Bessie Williams Mary Doyle 5075 Bigner Road Beaumont,TX 77708 78 Vincent Middle School Jon Tritsch Theresa Hefner-Babb 350 Eldridge Beaumont,TX 77707 079,100 Dishman Elementary Bob Bearb Beth Ann Mistrot 6455 College Beaumont,TX 77707 084, 085 USW Union Hall Dora Nisby Alexander Simmons 2490 S. 11"St. Beaumont,TX 77701 087,088,099 Pine Burr Baptist Church Sherrie Fitzgerald Edna Collins 5095 Pine Burr Blvd. Beaumont,TX 77708 089 Ridgewood Retirement Ctr. Katherine Campbell Gloria Kyle 2520 lH 10E Beaumont,TX 77703 104& 116 Calvary Baptist Church Jane Walker JoAnn Bordeman 3650 Dowlen Rd. Beaumont,TX 77706 Page 12 EXHIBIT "B" Early Voting Location Main Beaumont City Hall 801 Main St. 1" Floor Conference Room Beaumont, TX 77701 Branch BISD Administration 3395 Harrison Ave. Beaumont, TX 77703 Branch R. C. Miller Library 1605 Dowlen Rd. Beaumont, TX 77707 Branch North End Community Center 3580 E. Lucas Beaumont, TX 77703 Page 13 Exhibit "C" EARLY VOTING BALLOT BOARD Appointed: Lucille and Wallace Bryan Page 14 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 BE HELD SATURDAY MAY 14, 2011 TO BE ADMINISTERED BY THE CITY CLERK .1. JURISDICTION 1.1 The General Election for the City of Beaumont to held on May 14, 2011. 1.2 The City ofBeaumont,the Beaumont Independent School District and the Port ofBeaumont either have or may order an election to be held on the 14'h day of May,2011,rel ating to the affairs of each entity. 1.3 A list ofeach precinct and election day polling locations involved in the joint election,is shown in Attachment"A". 2. ADMINISTRATION The City Clerk ofthe City ofBeaumont agrees to coordinate,supervise and handle all aspects of administering the Joint Election in accordance with the provisions ofthe 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 Page 1 EXHIBIT "A" 3.1 Each participating authority will be responsible for preparation,adoption and publication ofall required election orders,resolutions,notices and any other pertinent documents required by their respective governing bodies. 3.2 Any submission ofpre-clearance to the Department ofJustice,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 oftheir 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 ofBeaumont 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 ofBeaumont on January 25,2011. The voting locations are listed in Attachment"A" ofthis agreement. In the event a voting location is not available,the City Clerk will arrange for use ofan 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 January 25,2011. 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 Council of the City of Beaumont approved the appointments ofthe presiding judge and alternate for each polling location on January 25,2011. 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 unveil ling to serve,the City Clerk will appoint someone on an emergency basis and notify each entity. Page 2 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. Ifthe 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 staffmember who may assist at polling locations if necessary. 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 detennined 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, (City Clerk)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 ofthe central counting station on election night wi 11 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 ofcandidates 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 18, 2011. 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 Page 3 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 E S&S Election will print the ballots for Early Voting by mail as well as the provisional ballots for the Early Voting period and a minimum of twelve(12)ballots perballot 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: Sheri Menges and Staff of Election Systems and Software 9.3 The manager or their representative will deliver timely cumulative reports ofthe election results as precincts 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 ofthe 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 Page 4 10.1 The participating authorities agree to share the costs of administering the May 14,2011 Joint Election. An administration fee not to exceed 10%ofthe total value ofthe contracted services per entity shall be assessed as authorized by the Texas Election Code,Sec.31.100. 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 Clerk wi 11 provide each participating authority with a detailed billing statement. Any disputed amount should be reported within ten(10)days of receipt ofthe statement. Payment is due upon receipt of the bill if there are no discrepancies. 1.1. 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.#125,Beaumont,Texas,at any time during normal business hours. 11.3 Records ofthe election will be retained and disposed of in accordance with the records retention schedules and in accordance with the provisions ofTitle 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 ofthe City Clerk any notice of any pending election contest,investigation,litigation,orTexas 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 ofthe Texas Election Code. Other deputy early voting j udges/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. Page 5 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 as well as the four branch early voting locations. 12.3 All request for early voting by mail will send their applications and voted ballots to the City Clerk, 801 Main St. ##125, Beaumont, Texas 77701 for processing. 12.4 All early voting ballots wil l be prepared for counting by an Early Voting Ballot Board appointed in accordance with Section 87.001 of the Texas Election code. (Attachment C) 13. ELECTION REPORTS The Early Voting Clerk will be responsible for ensuring the delivery ofthe 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 runofl'is necessary,the agreement will automatically be extended to cover the runoff, unless a participating authority states in writing before April 30,20 11,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 ofthat 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. Page 6 e 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 G. Broussard, City Clerk P.O. Box 3827 Beaumont,TX 77704-3827 City of Beaumont: APPROVED AND EXECUTED ON 2011. L lL Kyle Hayes, City Manager ATTEST Aln &' '& Tina G. Broussard, City Clerk APPROVED AS TO FORM: Tyro E. Co Attorney Entity: Beaumont Independent School District APPROVED AND EXECUTED ON , 2011 Philip Brooks, Assistant Superintendent for Administration/Operations Page 7 ATTEST: Janice Teal ENTITY: Port of Beaumont APPROVED ON EXECUTED ON , 2011. David C. Fisher, CEO ATTEST: Janet Floyd Page 8 EXHIBIT "A" - 2011 GENERAL ELECTION ORDINANCE PRECINCT/BISD POLLING LOCATION JUDGE ALTERNATE /PORT 001, 003 Brown Alternative Center Thelma Fielder Joyce Franklin 1900 Pope St. Beaumont, TX 77703 002 Smith Middle School Mary S.Williams Patricia Pittman 4415 Concord Beaumont,TX 77703 004 BISD Admin. Building Dr. Bruce Drury Harold Steward 3395 Harrison Avenue Beaumont,TX 77703 005 1"Christian Church Ray Nelson Mary Simmons 5290 N.Caldwood Beaumont,TX 77707 006 Central Senior High Sch. Celeste Johnson Judy Richardson 88 Jaguar Beaumont,TX 77702 007 O.C. "Mike" Taylor Career Rebecca lies Ellen McIntosh Center 2330 North Street Beaumont,TX 77702 008 Magnolia Baptist Church William Bostic Jed Dollinger 2830 Pine St. Beaumont, TX 77703 010 Scott Olive Baptist Church Nanette Cantue Laquita Mitchell 1050 Ewing Beaumont,TX 77701 011 Jefferson County Court Rose O.Solomon Lorenzo Lee Owens House 1149 Pearl Beaumont,TX 77701 012,013 S. E. Texas Family Res. Connie Patterson Brand[ Lewis Center 2060 Irving Beaumont,TX 77701 Page 9 014 East Mt. Olive Baptist Kimberly Lewis Harold Lewis Church 1197 Corley Beaumont,TX 77701 015 King Middle School Rosa Batiste Clara Muller 1400 Avenue A Beaumont,TX 77701 016 Fletcher Elem.School Charlie Mingo Johnny Howard 1055 Avenue F Beaumont, TX 77701 017,026,090 Municipal Airport Barbara Shipper Rebecca Moreira 455 Keith Rd., Hwy 90 Beaumont, TX 77713 018 Ozen High School Margaret Bostic Leroy Bostic 3443 Fannett Rd. Beaumont,TX 77705 019 BISD Admin.Annex Pauline Mouton Nelson Mouton 1025 Woodrow Beaumont, TX 77705 020 Pietzsch Elementary Rosa Thomas Wilburean Benard 4301 Highland Ave. Beaumont,TX 77705 021, 067 Alice Keith Rec.Center Willmeretta Lowe Sonya Pickens 4500 Highland Ave. Beaumont, TX 77705 022 Roy Guess Elem.School Janet Dietz Gladys O'Brien 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 028, 092 Jeff. County Pct.4 Svc.Cntr. Alberta Jones Geraldine Beckett 7780 Boyt Rd. Beaumont, TX 77713 Page 10 031 Labelle Fire Station Barbara Fox John T. Fox 12880 FM 355 Beaumont, TX 77708 039 Blanchette Elem. School Samuel Peterson Maudry Plummer 2400 Lela St. Beaumont,TX 77705 062 Marshall Middle School Wanda Pumphrey Doris Campbell 6455 Gladys Beaumont,TX 77708 063 Martin Elementary Sch. Thelma Noble Juanita Walker 3500 Pine St. Beaumont, TX 77703 064 Theodore Johns Library Mary B.Francis Brenda White 4255 Fannett Beaumont,TX 77705 065 Regina-Howell Elem. School Linda McClung Mary Grimes 5850 Regina Lane Beaumont,TX 77706 066 Bevil Oaks Civic Center Mabel Matthews Teddy Taylor Couch 7390 Sweetgum Bevil Oaks, TX 77713 067 Austin Middle School Helen Stone Paula Sadler 3410 Austin Beaumont,TX 77706 068 Austin Middle School Helen W. Stone Paula Sadler 3410 Austin Beaumont,TX 77706 072 Wesley United Methodist Cindy Grimes Anna Delano 3810 N. Major Dr. Beaumont,TX 77713 073, 062 Marshall Middle School Wanda Pumphrey Doris Campbell 6455 Gladys Beaumont,TX 77706 075 Lamar-Health & Human Howard Rogers Verona Harrell Performance Complex A 4400 S MLK Jr. Parkway Beaumont,TX 77705 Page 11. 077 St. Pius X Church Bessie Williams Mary Doyle 5075 Bigner Road Beaumont, TX 77708 78 Vincent Middle School Jon Tritsch Theresa Hefner-Babb 350 Eldridge Beaumont, TX 77707 079,100 Dishman Elementary Bob Bearb Beth Ann Mistrot 6455 College Beaumont,TX 77707 084, 085 USW Union Hall Dora Nisby Alexander Simmons 2490 S. 11'x'St. Beaumont,TX 77701 087,088,099 Pine Burr Baptist Church Sherrie Fitzgerald Edna Collins 5095 Pine Burr Blvd. Beaumont, TX 77708 089 Ridgewood Retirement Ctr. Katherine Campbell Gloria Kyle 2520 IH 10E Beaumont, TX 77703 104& 116 Calvary Baptist Church Jane Walker JoAnn Bordeman 3650 Dowlen Rd. Beaumont,TX 77706 Page 12 EXHIBIT "B" Early Voting Location Main Beaumont City Hall 801 Main St. I" Floor Conference Room Beaumont, TX 77701 Branch BISD Administration 3395 Harrison Ave. Beaumont, TX 77703 Branch R. C. Miller Library 1605 Dowlen Rd. Beaumont, TX 77707 Branch North End Community Center 3580 E. Lucas Beaumont, TX 77703 Page 13 Exhibit "C" EARLY VOTING BALLOT BOARD Appointed: Lucille and Wallace Bryan Page 14