ORDER NO. 20301 AU"PHORI2ATION F'OR ALLISON & ASSOCIATES TO PROCEED WITH REAPPORTIONMEN"t On this the 10th day o£ June 1991, upon motion made by Commissioner Holekamp, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to authorize the £irm o£ Allison & Associates to proceed with reapportionment and authorized the County Judge to sign said notice on behalf o£ Kerr County. eye 'd'•. M Y ~ b~ •••. ~.~,. i•: ~Patn~c~a dye COUNTY CLERK KERR COUNTY KERRVILLE, TEXAS 78028-5389 (512)896-2844 June 12, 1991 Mr. Bob Bass Allison & Associates Attorneys at Law Wahrenberger House 208 West 14th Street Austin, Texas 78701 Dear Mr. Bass, Enclosed is a certified copy of Commissioners' Court Order No. 20301 and the original signed Notice to Proceed With Reappor- tionment. I am sorry it took so long in executing this document and returning it to you. Hope it caused no problem or delay in the proceedings. If you need any additional information, please notify the Kerr County Judge, W. G. Stacy. Sincerely, PATRICIA DYE, Kerr County Clerk /~ ~-- ,, ) Ta[mie C. Huston, Deputy Enclosure NOTICE TO PROCEED WITH REAPPORTIONMENT BE IT REMEMBERED that the firm of Allison & Associates was retained by this Commissioners Court on January 31, 1991 to conduct an Initial Assessment of the population demographics of Kerr County, Texas, and upon issuance of a formal Notice to Proceed with Reapportionment, to assist the County in the preparation of a submission to the Department of Justice in conformity with the Voting Rights Act of 1973, as amended. The Initial Assessment was completed by Allison & Associates and delivered to the Commissioners Court of Kerr County, Texas on May 13, 1991. Based upon the facts and findings contained within the Initial Assessment, the Commissioners Court of Kerr County, Texas, finds that a Totai Maximum Deviation of 42.45 percent exists between the currently existing Commissioners Court precincts No. 1 and No. 3. This total maximum deviation, being in excess of 10$, mandates reapportionment for Kerr County, Texas. BE IT THEREFORE RESOLVED that the Commissioners Court of Kerr County, Texas, formally issue this Notice to Proceed with Reapportionment to the firm of Allison & Associates, and to formally empower Allison & Associates to continue with its representation of Kerr County relative to the reapportionment process. BE IT FURTHER RESOLVED that this duly executed Notice to Proceed with Reapportionment be forwarded to Allison & Associates as evidence of authority to complete the tasks necessary to obtain pre-clearance of a new plan for the reapportionment of Kerr County political boundaries. June SIGNED THIS 10th day of-A4ay, 1991. ~ / C~L ~'~~/ L~t=s~i County Judge, W. G. lStacy Kerr County, Texas Attest: County Clerk, Patr a Dye Kerr County, Texas ALLISON Bz ASSOCIATES cn~ at ~aus WpyRENBERGER IIOUSE JAMES P. ALLISON `LOS WEST 14TH STREET .AUSTIN. TEXAS 7$'101 (612)482-0']01 FAX: 1612)480-0902 May 13, 1991 Hon. W.G. 'Bill' Stacy County Judge Kerr County Courthouse Kerrville, Texas 78028 RE: Initial Assessment of Kerr County, Texas Dear Judge Stacy, CAR EY B. BOETHEL ROBERT T. BA55 ^AVIO C. PAVNE C. RE% HALLS JR. Attached to this letter you will find our detailed assessment of all existing political boundaries for Kerr County, Texas. This assessment will permit the Commissioners Court to evaluate reapportionment requirements imposed by state and federal law fmm an informed position. I will be in contact with you in the next few days to discuss the findings contained in this assessment, and if you deem it necessary, to schedule a meeting of the Commissioners Court to review these findings. Time is now of the essence, and we recommend your earliest decision as to the need for reapportionment in Kerr County. I enclose a document entitled "Notice to Proceed with Reapportionment. "Allison & Associates will be unable to complete all additional reapportionment tasks until we receive authorization from you to proceed. Therefore, we would request that you execute and return the Notice to Proceed with Reapportionment as soon as a decision is made to reapportionment Kerr County. This decision should be made as soon as possible, but certainly no later than June 1, 1991. Thank you for your interest and cooperation. Sincerely, Bob s Enclosures: Original and five (5) copies of Initial Assessment ~. ~,,~v ~ ~~ U'~,, cc: Stan Reid County Attorneys Office Kerrville, Texas 78028 COMMISSIONERS' COURT AGENDA REQUEST ~~ PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: w.G. Stacy OFFICE: County Judge MEETING DATE: .Tune 10, 1991 TIME PREFERRED: / Authorization to proceed by signing SUBJECT: (PLEASE BE SPECIFIC) Consideration of'Notice to Proceed with i me resen ed b Alison & Associates EXECUTIVE SESSION REQUESTED: YES PLEASE STATE REASON FOR EXECUTIVE SESSION NO X ESTIMATED LENGTH OF PRESENTATION: 5 minutes PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: county .TudQe Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-17 1s as follows: * Meetings held on second Monday: 12:00 P.M. previous Wednesday * Meetings held on Thursdays: 5:00 P.M.previous Thursday THIS REQUEST RECEIVED BY: is THIS REQUEST RECEIVED ON : 5/31/91 ~ 1:3o pm Ail Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guidelines. ° KERB r'~JNTY, TEXAS -CUR.REIdT IJUh1ET GF FiEC~ISTEiRED !JG1'E;E:S AS OF JANUARY 1, 1991 VGTERS.... Frecinct° ..................... Count .. Sub-Total for Frecinct 1 2,:21 ..u s- o-a ror reclnc ~ ,o ~> Suk~-Total for Fre~,inct 3 23f+ ~, E' Sub-Total for Fre~~in~~t 4 18r:+ s ~ .u ~- o a or reclnc t _ Sctb-Total for Fre~~in~~t 6 2,781+ y Sub-Total for Frecinct 7 53i+ ,E ~ ac+n-local ror rreclncc. c toi v; ,e Suk.~-Total for Frecinct 9 98 ml Suh-Total for Frecinct ih 174 Sub-Total for Frecin~.t 12 1,~+`B Sub-Total for Frecinct 13 1,4~+8 S! ,I SuT.~-Total for Frecinct 15 2,192 SaY,-Total ~ for Frecinct lE 2,35+] I .II ~- O a Sub-Total Or for reC1IIC Frecinct 18 9 4+ 9b3 Total Nurnber of Re~3istered Voters 29,r_+33 I I i 4 n COMMISSIONER MORGAN #1 Prcts. 1 Kerrville Municipal Auditorium 7 Turtle Creek School 13 Mt. Wesley Chapel 18 Trinity Baptist Church COMMISSIONER LACKEY #2 No. Registered Voters as of 1-1-91 2,521 530 1,408 963 2 First Bapt. Church, Center Point 1,310 11 Motley Hills Baptist Church 1,340 15 Hill County Youth Exh. Center 2,192 COMMISSIONER HOLEKAMP #3 3 Cypress Community Center 230 8 Lane Valley School 237 12 Kerrville Apostolic Church 1,058 14 Calvary Baptist Church 948 17 Zion Lutheran Church 970 COMMISSIONER OEHLER #4 4 Sunset Baptist Church 180 5 Hunt School 744 6 Point Theatre (HCAF) 2,780 9 Divide Presbyterian Church 98 10 Midway Store 174 16 St. Paul's United Meth. Church 2,3b0 AS OF JAN. 1, 1991 THE TOTAL REGISTERED VOTERS IN THE FOLLOWING COMMISSIONERS' PRECINCTS ARE: 1. Commissioner t4organ #1 5,422 2. Commissioner Lackey #2 4,842 3. Commissioner Holekamp #3 3,443 4. Commissioner Oehler #9 6,326 TOTAL VOTERS 2UrU33 CONTRACT FOR REAPPORTIONMENT SERVICES AGREEMENT made this 94th day of Tannarv , 19 Qi , at Austin, Texas, between Kerr County, Texas, hereinafter referred to as the "County", and ALLISON & ASSOCIATES, of 208 West 14th Street, Austin, Texas 78701, Travis County, Texas, hereinafter referred to as the "Attorneys". In consideration of the mutual promises herein contained, the parties agree as follows: i. Purpose of Reoresentation 1. In conformity with state and federal law, the County hereby retains and employs the Attorneys to prepare, direct and assist in the submission of a plan for the reapportionment and redistricting of County Commissioners, Justice of the Peace and Constable precincts, together with all related voting precincts for County election boundaries, to the United States Department of Justice and to obtain pre-clearance approval and implementation of the same. The Attorneys shall participate in the formulation of such political boundaries and shall provide such statistical, demographic, graphic and legal services as may be necessary to complete the project. IZ. ScoDe of Reapportionment Program 2. Initial Assessment: Upon acceptance of this proposal by the County, the Attorneys shall undertake an initial assessment of the apportionment of the Commissioners precincts. Initial Assessment shall include the following steps: a. Obtain from the Texas Legislative Council an official copy of all political boundaries applicable to the County. b. Submit a copy of the official political boundaries to County officers for verification as to accuracy. c. Obtain, where available, 911 service data files for use in locating rural population in conjunction with registered voter and census demographic data. d. Obtain U. S. Census TIGAR files for the County. e. Obtain the 1990 Census data containing demographic information for the County. f. Prepare computerized data files containing all of the above information. g. Prepare, in map and chart form, an assessment of the current political boundaries with 1990 population data, and provide assistance in the evaluation of the existing political boundaries relative to state and federal law. The Initial Assessment will allow the County to determine if additional reapportionment services are necessary. If reapportionment is needed, the fees paid for the Initial'Assessment will be fully credited toward legal fees assessed for the Basic Reapportionment Program. 3. Basic Reapportionment Pr~ram: The Attorneys will, in the course of the reapportionment project, undertake the following tasks which will be described as the "Basic Reapportionment Program". The Basic Reapportionment Program will be utilized at all times unless the County requests optional services. The scope of services for the Basic Reapportionment Program shall be provided by the Attorneys as follows: a. Obtain frcm the Texas Legislative Council an official copy of all political boundaries applicable to the County. b. Submit a copy of the official political boundaries to County officers for verification as to accuracy. c. Obtain registered voter information, either from the County voter registrar or from the Secretary of State. d. Obtain, where available, 911 service data files for use in locating rural population in conjunction with registered voter and census demographic data. e. Obtain U. S. Census TIGAR files for the County. f. Obtain the 1990 Census data containing demographic information for the County. g. Prepare computerized data files containing all of the above information. h. Assist, where appropriate, in the formulation of a Citizens Committee to advise the Commissioners Court in the reapportionment process. i. Instruct the Citizens Committee and County Staff on the requirements of reapportionment law, procedures, and record keeping. j. Schedule initial meeting with the Commissioners Court and Citizens Committee, and public hearings as are deemed appropriate. k. Prepare, in map and chart form, an assessment of the current political boundaries with 1990 population data, and provide assistance in the evaluation of the existing political boundaries relative to state and federal law. 1. Prepare, with aid and assistance of the Commissioners Court and/or Citizens Committee, not less than two alternative reapportionment plans. m. Assemble supporting documents, exhibits, and evidence necessary to complete the submission of the reapportionment plan to the United States Department of Justice. n. Prepare the formal reapportionment plan for the County, and submit the plan to the United States Department of Justice. o. Monitor the submission and conduct such necessary revisions to obtain pre-clearance of the plan and acceptance of the political boundaries by all state and federal authorities. 4. Optional Services: Optional services available at additional cost: a. Voting Histories for select political boundaries. b. County Road Mileage Analysis. c. Additional plans or mapping beyond Basic Reapportionment Program. III. Attorneys Fees 5. In consideration of services rendered and to be rendered by the Attorneys, as described above, the County hereby agrees to pay legal fees according to Exhibit A attached. 'Additional expenses shall be billed at cost, including long distance telephone calls, fax transmissions, photocopying, postage, and travel expense. 6. Fees for the Initial Assessment shall be billed upon receipt of the executed proposal. If reapportionment is required, one-half of the remaining fee shall be billed upon completion of the alternate plans, and the remaining fee upon final completion of services. Authorized additional services, if any, shall be billed monthly. IV. Cooperation of County 7. The County, its officers and employees, shall cooperate with the Attorneys in the preparation of a submission, and shall appear on reasonable notice for any and all meetings or hearings that may require their presence, and shall comply wit_i all reasonable requests of the Attorneys in connection witz the preparation and presentation of the aforesaid matters on behalf of the County. 8. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 9. No warranties, express or implied, are extended by this agreement. The Attorneys will expend due diligence and best efforts on behalf of the County, but ro promises of result, costs, or outcome can be made, and no representations or warranties are made, nor shall any be implied by this agreement. IT IS EXPRESSLY UNDERSTOOD THAT THIS CONTRACT DOES NOT COVER THE COSTS OF ATTORNEYS FEES OR EXPENSES RELATED THERETO IN THE EVENT OF LITIGATION CHALLENGING THE REAPPORTIONMENT PLAN. THE ATTORNEYS SHALL EXERCISE DUE DILIGENCE AND CARE, BUT CAN MAKE NO PROMISES, EXPRESS OR IMPLIED, REGARDING THE OUTCOME OF THE REAPPORTIONMENT PROCESS. PRE-CLEARANCE BY THE DEPARTMENT OF JUSTICE IS NOT A SHIELD TO LITIGATION, AND A SUIT CHALLENGING THE REAPPORTIONMENT PLAN MAY BE FILED BY ANY PARTY, NOTWITHSTANDING THE EFFORTS OF THE COUNTY OR THE ATTORNEYS. Signed this ?2nd day of February 19 91 Att~est~ County Clerk, Pat Dy ' COUNTY: G"`~L ` ~~G/?~ County Judge, w.c. Stacy Signed this Z S day of ~ 19~~ ~- "-"% Attorneys: ~r G ' ~2~-.~- Allison & Associates RE[)t STR[CTING:contract. rds Kerr County, Texas Preliminary Census Information and Proposal Summary 1980 Population: 28,780 1990 Preliminary Population Estimate: 36,110 Total Population Change: 7,330 Percentage Change: 25.5 Initial Assessment and Certification: Basic Reapportionment Program (Includes fee for Initial Assessment and Certification: $6.000.00 ~ ~~ ~ ctl ~~ i~ ;~ F=' t,,,~~- . ~y~ FV ~; ~l $13.500.00 '~ 9 ~~~! ~'"97f'~ Exhibit A R. CORDON MORGAN COMMISSIONER, PCT. 1 T.H."BUTCH" LACKEY COMMISSIONER, PCT. 2 Mr. Robert T. Bass Allison & Associates Wahrenberger House 208 West 14th Street Austin, Texas 78701 Re: Redistricting Dear Bob: !~nTE Y~: w c ``y, :'+^}., ~ W. G.STACY COUNTY JUDGE, KERR COUNTY February 22, 1991 GLENN K. HOLEKAMP COMMISSIONER, PCr. 3 BRUCE OEHLER COMMISSIONER, PCT. 4 It was good to see you at the conference at the Aggies "Mecca". Enclosed is the signed contract for redistricting. I've cleared up the payment question in Stan Reids' presence. I'll ask the auditor to forward your check. Cordially, c~op~ W.G. Stacy, County Judge WGS/ts 700 MAIN STREET, KERRVILLE, TX 78028 PHONE (512) 257-6711 V CONTRACT FOR REAPPORTIONMENT SERVICES AGREEMENT made this 94th day of Tanuary i 19~, at Austin, Texas, between Kerr County, Texas, hereinafter referred to as the "County", and ALLISON & ASSOCIATES, of 208 West 14th Street, Austin, Texas 78701, Travis County, Texas, hereinafter referred to as the "Attorneys". In consideration of the mutual promises herein contained, the parties agree as follows: I. Purpose of Representation 1. In conformity with state and federal law, the County hereby retains and employs the Attorneys to prepare, direct and assist in the submission of a plan for the reapportionment and redistricting of County Commissioners, Justice of the Peace and Constable precincts, together with all related voting precincts for County election boundaries, to the United States Department of Justice and`to obtain pre-clearance approval and implementation of the same. The Attorneys shall participate in the formulation of such political boundaries and shall provide such statistical, demographic, graphic and legal services as may be necessary to complete the project. i. Scope of Reapportionment Program 2. Initial Assessment: Upon acceptance of this proposal by the County, the Attorneys shall undertake an initial assessment of the apportionment of the Commissioners precincts. Initial Assessment shall include the following steps: a. Obtain from the Texas Legislative Council an official copy of all political boundaries applicable to the County. b. Submit a copy of the official political boundaries to County officers for verification as to accuracy. c. Obtain, where available, 911 service data files for use in locating rural population in conjunction with registered voter and census demographic data. d. Obtain U. S. Census TIGAR files for the County. e. Obtain the 1990 Census data containing demographic information for the County. f. Prepare computerized data files containing all of the above information. g. Prepare, in map and chart form, an assessment of the current political boundaries with 1990 population data, and provide assistance in the evaluation of the existing political boundaries ` re3ative to state and federal law. The Initial Assessment will allow the County to determine if additional reapportionment services are necessary. If reapportionment is needed, the fees paid for the Initial'Assessment will be fully credited toward legal fees assessed for the Basic Reapportionment Program. 3. Basic Reapportionment Program: The Attorneys will, in the course of the reapportionment project, undertake the following tasks which will be described as the "Basic Reapportionment Program". The Basic Reapportionment Program will be utilized at all times unless the County requests optional services. The scope of services for the Basic Reapportionment Program shall be provided by the Attorneys as follows: a. Obtain from the Texas Legislative Council an official copy of all political boundaries applicable to the County. b. Submit a copy of the official political boundaries to County officers for verification as to accuracy. c. Obtain registered voter information, either from the County voter registrar or from the Secretary of State. d. Obtain, where available, 911 service data files for use in locating rural population in conjunction with registered voter and census demographic data. e. Obtain U. S. Census TIGAR files for the County. f. obtain the 1990 Census data containing demographic information for the County. g. Prepare computerized data files containing all of the above information. s h. Assist, where appropriate, in the formulation of a Citizens Committee to advise the Commissioners Court in the reapportionment process. ~. i. Instruct the Citizens Committee and County Staff on the requirements of reapportionment law, procedures, and record keeping. j. Schedule initial meeting with the Commissioners Court and Citizens Committee, and public hearings as are deemed appropriate. k. Prepare, in map and chart form, an assessment of the current political boundaries with 1990 population data, and provide assistance in the evaluation of the existing political boundaries relative to state and federal law. 1. Prepares with aid and assistance of the Commissioners Court and/or Citizens Committee, not less than two alternative reapportionment plans. m. Assemble supporting documents, exhibits, and evidence necessary to complete the submission of the reapportionment plan to the United States Department of Justice. n. Prepare the formal reapportionment plan for the County, and submit the plan to the United States Department of Justice. o. Monitor the submission and conduct such necessary revisions to obtain pre-clearance of the plan and acceptance of the political boundaries by all state and federal authorities. 4. Optional Services: Optional services available at additional cost: a. Voting Histories for select political boundaries. b. County Road Mileage Analysis. c. Additional plans or mapping beyond Basic Reapportionment Program. ~ 1 III. Attorneys Fees 5. In consideration of services rendered and to be rendered by the Attorneys, as described above, the County hereby agrees to pay legal fees according to Exhibit A attached. 'Additional r expenses shall be billed at cost, including long distance telephone calls, fax transmissions, photocopying, postage, and travel expense. 6. Fees for the Initial Assessment shall be billed upon receipt of the executed proposal. If reapportionment is required, one-half of the remaining fee shall be billed upon completion of the alternate plans, and the remaining fee upon final completion of services. Authorized additional services, if any, shall be billed monthly. IV. Cooperation of County 7. The County, its officers and employees, shall cooperate with the Attorneys in the preparation of a submission, and shall appear on reasonable notice for any and all meetings or hearings that may require their presence, and shall comply wit:i all reasonable requests of the Attorneys in connection wit:z the preparation and presentation of the aforesaid matters on behilf of the County. 8. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 9. No warranties, express or implied, are extended by this , agreement. The Attorneys will expend due diligence and best efforts onebehalf of the County, but no promises of result, costs, or `outcome can be made, and no representations or warranties are made, nor shall any be implied by this agreement. IT IS EXPRESSLY UNDERSTOOD THAT THIS CONTRACT DOES NOT COVER r THE COSTS OF ATTORNEYS FEES OR EXPENSES RELATED THERETO IN THE EVENT OF LITIGATION CHALLENGING THE REAPPORTIONMENT PLAN. THE ATTORNEYS SHALL EXERCISE DUE DILIGENCE AND CARE, BUT CAN MAKE NO AUTHORIZATION FOR RELEASE OF INFORMATION THE STATE OF TEXAS, § COUNTY OF KERB. § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the law firm of Allison & Associates, 208 West 14th Street, Austin, Texas 78701, has been retained by the Commissioners Court of Kerr County, Texas, (hereinafter referred to as the "County"), to undertake all necessary steps to reapportion the County in conformity with State and Federal Law, and WHEREAS, certain information, including data on population, registered voters, address information on citizens of the County, including "911" service information, and other sources of statistical or demographic information may be of assistance and value to the reapportionment process, BE IT THEREFORE RESOLVED, and the Commissioners Court, acting in their official capacity, hereby requests, authorizes and directs the release of any such information requested by ALLISON & ASSOCIATES . ~~~~,,~j Signed this ~~ day of -E~Z~= ' u.~~ , 19 6~ KERB~CO~TY ~'~-( ' County Judge, W.G.Stacy Attest: county Clgrk, Pat e Accepted by: Attorneys: Allison & Associates KERR-REDISTRILT[NG:authori zation. rel PROMISES, EXPRESS OR IMPLIED, REGARDING THE OUTCOME OF THE REAPPORTIONMENT PROCESS. PRE-CLEARANCE BY THE DEPARTMENT OF JUSTICE IS NOT A SHIELD TO LITIGATION, AND A SUIT CHALLENGING THE REAPPORTIONMENT PLAN MAY BE FILED BY ANY PARTY, NOTWITHSTANDING THE EFFORTS OF THE COUNTY OR THE ATTORNEYS. Signed this 22nd day of February , 19 91 COUNTY: County Judge, W.G. Stacy Attest: Cam'/J~i`/o~,v~.J County Clerk, rae ny Signed this day of , 19 Attorneys: Allison & Associates a. r RED ISTRICTING:contraet.rds Kerr County, Texas Preliminary Census Information and Proposal Summary 1980 Population: 28,780 1990 Preliminary Population Estimate: 36,110 Total Population Change: 7,330 Percentage Change: 25.5$ Initial Assessment and Certification: Basic Reapportionment Program (Includes fee for Initial Assessment and Certification: $6.000.00 ~~ ~'^"~ Q~~ BU v ~ ~ ~ ~13i $13.500.00 ~~ r Exhibit A DATA OIIESTIONNAIRE 1. Does the County maintain any information regarding the following in printed form or by computer? (Circle answers and provide information) A. Registered Voters: Ye No Printed Computer If on computer, is the system locate i our county, or is it maintained by a service company? In county Service Company If service company, please provide address and telephone number: If in county, who supervises the computer system? Please provide name and phone number: Rusey xierholzer - 257-6711 B. 911 Service: Yes No Printed Computer If on computer, is the system locat i ur county, or is it maintained by a service company. In county Service Company If service company, please pravide address and telephone number: . If in county, who supervises the computer system? Please provide izame and phone number: REDISTRICTING:data.qst