HomeMy WebLinkAboutC2023-185 - 8/15/2023 - Approved AGREEMENT TO CONDUCT JOINT ELECTION
BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY
FOR THE NOVEMBER 7,2023 ELECTION
THE STATE OF TEXAS §
COUNTY OF NUECES §
This Agreement to Conduct Joint Election(this "Contract") is entered into by and among City of
Corpus Christi, a political subdivision of the State of Texas (the "CITY"), and Nueces County, a
political subdivision of the State of Texas, (the "COUNTY"), each individually, a "Party" or,
collectively,the."Parties,"pursuant to Chapter 271 of the Texas Election Code.
RECITALS
WHEREAS,the CITY and the COUNTY each expect to call an election to be held on November
7,2023 ("Election Day");and
WHEREAS, the CITY and the COUNTY desire to conduct such elections jointly pursuant to
Chapter 271 of the Texas Election Code,and
WHEREAS,the CITY and the COUNTY desire to enter into a contract setting out the respective
responsibilities of the Parties;
NOW,THEREFORE,the Parties agree as follows:
ARTICLE I
PURPOSE
1.01 The Parties have entered into this Contract to conduct a joint election on November 7, 2023.
The purpose of this agreement is to maintain consistency and accessibility in voting practices,
polling places,and election procedures in order to best assist the voters of the Parties.
ARTICLE II
JOINT ELECTION
2.01 The Parties agree to conduct their respective November 7,2023,elections jointly pursuant to
Chapter 271 of the Texas Election Code. The parties agree that early voting and regular Election
Day voting shall be conducted jointly. The Parties agree to the use of common polling places for
both early voting and Election Day, specifically the polling locations established by the Nueces
County Commissioners Court. The Parties also agree that the election officers may be appointed
to serve both elections. The Parties agree to use a single ballot where appropriate and that common
equipment and ballot boxes may be used for both elections for all relevant purposes as provided
in Chapter 271.
1
Joint Election Agreement for Nov 2023-BB 7.11.23.docx
SCANNED
20230501-8123
ARTICLE III.
TERM
3.01 Except as hereinafter set out,the term of this Contract shall be from the time of last execution
until all items with respect to this Contract have been completed.
ARTICLE IV
CONTRACT FOR ELECTION SERVICES
4.01 The City acknowledges that they have contracted for election services to be provided by
Nueces County Election Officer for the elections. The Nueces County Election Officer will serve
as the Election Officer and the Early Voting Clerk for each Party for the joint election.
ARTICLE V
EACH PARTY RESPONSIBLE FOR ITS PRO RATA COST OF SERVICE AS BILLED
5.01 All costs incurred by the Parties attributable to the coordination, supervision,and running of
the election and incurred on behalf of the Parties, including expenses for supplies in connection
with the election school(s), election supplies, wages paid for election workers, any paper ballots
to be used for the election,and any other expenses reasonably and directly related to the election,
including, without limitation, rental and programming of direct recording electronic voting
devices and audio ballots shall be borne by the Parties based on the Election Services Agreement
with the County Election Officer, and each Party will be responsible for their pro rata portion.
ARTICLE VI
GENERAL PROVISIONS
5.1 This Contract shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Nueces County,
Texas.
5.2 In case any one or more of the provisions contained in this Contract shall for any reason
be held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality, or
unenforceability shall not affect any other provision,and this Contract shall be construed as if the
invalid, illegal, or unenforceable provision had never been a part of the Contract.
5.3 This Contract constitutes the only agreement of the Parties hereto and supersedes any
prior understanding or written or oral agreement between the parties respecting the written subject
matter.
5.4 No amendment,modification,or alteration of this Contract shall be binding unless it is in
writing, dated subsequent to the date of the Contract and duly executed by all of the Parties.
5.5 Any notice to be given hereunder by any party to the other shall be in writing and may
2
Joint Election Agreement for Nov 2023-BB 7.11.23.docx
be affected by personal delivery, by certified mail, or by common carrier. Notice to a party shall
be addressed as follows:
CITY:
Peter Zanoni
City Manager
1201 Leopard Street
Corpus Christi, TX 78401
COUNTY:
Connie Scott
County Judge
901 Leopard Street
Corpus Christi, TX 78401
Notice by hand-delivery is deemed effective immediately, notice by certified mail is deemed
effective three days after deposit with a U.S. Postal Office or in a U.S. Mail Box, and notice by a
common carrier, is deemed effective upon receipt. Each party may change the address for notice
to it by giving notice of such change in accordance with the provisions of this Section.
5.6 City Secretary Rebecca Huerta is hereby designated the primary representative of the
CITY to oversee and coordinate with the COUNTY and the County Election Officer in the
conduct of the joint election.
Remainder of page intentionally left blank; signature page to follow.
3
Joint Election Agreement for Nov 2023-BB 7.11.23.docx
IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement on the dates
identified below,with the effective date being the date of execution by last signatory.
CITY OF CORPUS CHRISTI:
BY:
Peter anoni, Date
City Manager
Attest:VetgLetZ.
2'G3(3 AUTUUKitt►
cca Huerta 3Y ('OtlIfCIL g .._...3
City Secretary .ILLZ.
RFC,RPTNI+'
Approved as to form:
/014X)1)
Buck Brice,
Deputy City Attorney
For City Attorney
NUECES COUNTY:
BY: , ,V 223
Conn cott Date
County Judge
Attest: �5 �` "E'so
.._ ,o
.0E
. . Sands
County Clerk
4
Joint Election Agreement for Nov 2023-BB 7.11.23.docx
20230501-8/23