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HomeMy WebLinkAbout025183 ORD - 01/28/2003AN ORDINANCE AMENDING ORDINANCE NO. 025170, WHICH ORDERED A GENERAL ELECTION TO BE HELD ON APRIL 5, 2003, IN THE CITY OF CORPUS CHRISTI FOR THE ELECTION OF MAYOR AND EIGHT COUNCIL MEMBERS, TO AUTHORIZE A JOINT ELECTION WITH DEL MAR COLLEGE AND TO MAKE CHANGES IN REGULAR AND EARLY VOTING POLLING PLACES; AND DECLARING AN EMERGENCY. WHEREAS, Del Mar College has requested that the City Council approve an agreement to hold a joint election on April 5, 2003, which would add to the City's general election bond propositions for Del Mar College; and WHEREAS, the taxpayers will benefit by the sharing of costs in the joint election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Ordinance No. 025170 (hereinafter, the "Ordinance"), which ordered a general election to be held on April 5, 2003, in the City of Corpus Christi for the election of the Mayor and eight council members, is amended as follows: A. Section 4 of the Ordinance is amended as follows: 1. Add the following polling places to Attachment A: -Precinct 10 - Bluntzer School House, 5775 FM 666, Robstown, Texas. -Precinct 28 - Annaville Volunteer Fire Department, Route 3, Box 132, Robstown, Texas. 2. Amend Attachment A to change the polling place for Precinct 57 from Del Mar College (Harvin Center), Baldwin & Ayers to Del Mar College (Administration Building), Baldwin & Ayers. B. Section 6 of the Ordinance is amended as follows: 1. Add the following temporary branch polling place: Del Mar College (Administration Building), Baldwin & Ayers. 2. Amend Attachment B to delete Del Mar-East Campus from the mobile voting schedule for March 24 and substitute therefor Portairs Post Office, 4213 South Port Avenue. C. The City Manager is hereby authorized to execute on behalf of the City Council the Joint Election Agreement between the City of Corpus Christi and Del Mar College, a substantial copy of which is attached hereto as Exhibit A and incorporated herein for all purposes. SECTION 2. All of the remaining provisions of Ordinance 025170 shall remain in full force and effect, and are fully incorporated herein for all purposes, and are hereby approved and ratified as if set forth in full herein. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgement of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word of provision hereof be given full force and effect for its purpose. SECTION 4. The fact that it is necessary and essential that the governing body of the City of Corpus Christi order this joint election, that the notice of such election should be promptly posted and published, that the election shall be held on the first Saturday in April 2003, and that the requirements of the Voting Rights Act of 1965 may be timely met, and immediate action is necessary for the efficient and effective administration of the City's affairs, creates a public emergency and an imperative public necessity requiring the suspension of the Charter Rule that no ordinance shall be passed finally on the date of its introduction by that such ordinance shall be read at two meetings of the City Council, and the Mayor, having declared that such emergency and necessity exist, having required the suspension of the Charter Rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, the Council hereby finds that such emergency. .and necessity do exist, and IT IS ACCORDINGLY SO ORDAINED, this the ,/'~'t~day of January, 2003. ATTEST: City Secretary THE CITY OF CORPUS CHRI'5~-t' APPROVED: ~ o~. day of January, 2003 JAMES R. BRAY, CITY ATTORNEY TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter Rule as to consideration and voting upon ordinance at two regular meetings; I/We, therefore, request that you suspend said Charter Rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully Respectfully Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott EXHIBIT A CITY OF CORPUS CHRISTI AND DEL MAR COLLEGE JOINT ELECTION AGREEMENT This Agreement ("Agreement") is made and entered into on the __ day of January, 2003, by and between Del Mar College District ("Del Mar") and thc City of Corpus Christi ("City") for the purposes and consideration stated below: WITNESSETH WHEREAS, City will hold its general election on April $, 2003, and WHEREAS, Del Mar desires to hold a bond election within the boundaries of City on April $, 2003, and WHEREAS, it is thc finding of the governing bodies of thc parties hereto that it would be mutually beneficial for Del Mar and City to jointly hold their elections and to jointly enter into an Election Services Contract for thc provision of certain election services by the County Election Officer of Nueces County, Texas, THEREFORE, Del Mar and City agree as follows: I. Election Responsibilities 1. In accordance with Chapter 31, Subchaptcr D, of the Texas Election Code, Mar and City agree jointly to enter into an Election Services Contract with thc County Election Officer of Nu¢ces County, Texas, for the provision of those certain election services described in the Election Services Contract attached hereto as Exhibit A and incorporated herein by reference. The County Election Officer, Ernest M. Brioncs, is hereby designated to perform thc election services identified in Exhibit A. The Count~ Election Officer's designee, Maria Biddle, will serve as the Counting Station Manager of the Central Counting Station for the joint election. 2. In accordance with Chapter 271 (Joint Elections) of the Texas Election Code, City and Del Mar agree to hold their elections jointly on April 5, 2003. City shall conduct the election for Del Mar, including oversight and coordination of all necessary services. Both early voting and regular election day voting shall be conducted jointly. Armando Chapa, City Secretary of City, will serve as Election Officer for the Joint Election and as Early Voting Clerk. The Election Officer will perform or cause to be performed all services necessary to administer the election in accordance with the Texas Election Code and City of Corpus Christi Ordinance No. 025170, as amended, calling the City election, including but not limited to: a. Conduct of regular and early voting at the sites approved in City of Corpus Christi Ordinance No. 025170, as amended and the Del Mar Order calling a Bond Election. b. Oversee the handling and disposition of Del Mar election returns, voter ballots, and tabulation of unofficial returns, and preparation of the tabulation for the official canvass by the respective governing bodies. 3. Joe Alaniz is hereby designated the primary representative of Del Mar to oversee and coordinate with Armando Chapa in the conduct of the election. The Del Mar Representative will provide information services relating to the Del Mar election for voters and election officers, maintain custody of Del Mar election records and returns for a period as required by the Texas Election Code, and perform all functions reserved to Del Mar in this Agreement. 4. The Del Mar governing body will canvas votes for its election. II. Payment Del Mar agrees to pay City 50% of City's expenses only for conducting the April 5, 2003, general election trader this Agreement. Payment will be made within 30 days of receipt from the Election Officer of an itemized statement of the exact costs and expenses incurred and outstanding related to the performance of election services. III. Miscellaneous 1. Each party will prepare and file its own individual submission to the Justice Department for preclearance as may be required under Section 5 of the Voting Rights Act of 1965, as amended, and each will bear its own costs therefor. 2. Each party will individually arrange for posting or publication of its election as required by law, and will bear its own costs therefor. 3. Each party will be individually responsible for receipt and processing of filings of financial report statements by candidates and special purpose committees relating of its election, and will bear its own costs therefor. 4. The Election Officer will determine the ballot structure and layout, after consulting with the Del Mar Representative. A voter may not be permitted to select a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. IV. General Provisions 1. This Agreement shall be construed in accordance with applicable Federal Elections Laws, the Texas Election Code, and all applicable laws of the State of Texas. 2. The Del Mar Representative and the Election Officer may agree to amend or modify this Agreement to the extent federal or state law requires additional or different actions by the election authority beyond the provisions of this contract. 3. This Agreement constitutes the entire agreement of the parties, supersedes any prior undertakings or written or oral agreements between the parties and can be modified or amended only by a written instrument subscribed by each of the parties. Dated this __ day of January, 2003. CITY OF CORPUS CHRISTI DEL MAR COLLEGE DISTRICT David R. Garcia Olga Gonzales, President Del Mar College Board of Regents ATTEST: ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: This .2_ day of January, 2003. R. Ja~y R/eining // Acting City Attorney Chris Adler, Secretary Del Mar College Board of Regents