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R-08-04-24-10D1 - 4/24/2008 RESOLUTION NO. R-08-04-24-10D1 WHEREAS, the City of Round Rock has contracted with Travis County to conduct and provide election services on May 10, 2008; and WHEREAS, other political subdivisions have contracted or are contracting with Travis County to conduct and provide election services on May 10, 2008 ; and WHEREAS, pursuant to Section 271. 002, Texas Election Code, political subdivisions of the State of Texas are authorized to hold elections jointly in voting precincts that can be served by common polling places if elections are ordered by the authorities of two or more political subdivisions to be held on the same day in all or part of the same territory; and WHEREAS, the City of Round Rock wishes to enter into a Joint Election Agreement for the purpose of sharing election equipment, election officials, and sharing precinct polling locations, and election ballots where appropriate; and WHEREAS, the City Council desires to enter into a Joint Election Agreement with Travis County, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Joint Election Agreement with Travis County, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to 0:\WDOX\RESOLUTI\RB0424D1.DOC/rmc the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of April, 2008 N WELL Mayor City of Round Rock, Texas ATTEST: sw(A'. SARA L. WHITE, City Secretary 2 AGREEMENT TO CONDUCT JOINT ELECTIONS FOR MAY 10, 2008 ELECTIONS WHEREAS, the City of Austin, the City of Cedar Park, the City of Jonestown, the City of Lago Vista, the City of Pflugerville, the City of Round Rock, the City of Sunset Valley, the City of West Lake Hills, the Village of Volente, the Austin Community College District, the Austin Independent School District, the Del Valle Independent School District, the Lago Vista Independent School District, the Lake Travis Independent School District, the Leander Independent School District, the Manor Independent School District, Travis County Emergency Services District No. 12, Anderson Mill Municipal Utility District, Northwest Austin Municipal Utility District No. 1, Ranch at Cypress Creek Municipal Utility District No. 1, Travis County Municipal Utility District No. 12, Travis County Municipal Utility District No. 13, Travis County Municipal Utility District No. 16, Travis County Water Control and Improvement District—Point Venture, Travis County Water Control and Improvement District No. 17, Travis- Creedmoor Municipal Utility District, Wells Branch Municipal Utility District, Williamson- Travis Counties Municipal Utility District No. 1, each of which is a political subdivision in the State of Texas and hereinafter referred to individually as the "Participating Entity" and collectively as the "Participating Entities", listed in Exhibit A, which exhibit is attached hereto and incorporated herein for all purposes, require elections to be held on May 10, 2008 in those portions of Travis County as shown on the maps in Exhibit B, which exhibit is attached hereto and incorporated herein for all purposes; and, WHEREAS, pursuant to Section 271.002 of the Texas Election Code, political subdivisions of the State of Texas are authorized to hold elections jointly in voting precincts that can be served by common polling places if elections are ordered by the authorities of two or more political subdivisions to be held on the same day in all or part of the same territory; and WHEREAS, Chapter 791 of the Texas Government Code authorizes local governments to contract with one another and with agencies of the state for various governmental functions including those in which the contracting parties are mutually interested; and WHEREAS, it would be to the benefit of each of the Participating Entities and the citizens and voters thereof to hold the elections jointly in the election precincts that can be served by common polling places insofar as possible; WHEREAS, pursuant to Chapter 31, Subchapter D, Chapter 123, and Chapter 271 of the Texas Election Code and Chapter 791 of the Texas Government Code, each of the Participating Entities has entered into an election services agreement with Travis County (the "County") for the Travis County Clerk, as the County's Election Officer, to conduct elections, including runoffs, for each of the Participating Entities and for the Participating Entities' use of Travis County's current or future-acquired election equipment for any voting system that the County adopts, as authorized under Title 8 of the Election Code, for all elections of the Participating Entities; EXHIBIT 177974-1 064. "All NOW, THEREFORE, pursuant to Chapter 31 and Sections 271.002 and 271.003 of the Texas Election Code and Chapter 791 of the Texas Government Code, the Joint Election Agreement set forth herein is entered into by and between each of the Participating Entities acting by and through their respective governing bodies, agree as follows: I. Scope of Joint Election Agreement This Joint Election Agreement covers the conduct of the elections that will be held by the Participating Entities on May 10, 2008. The Participating Entities include the City of Austin, the City of Cedar Park, the City of Jonestown, the City of Lago Vista, the City of Pflugerville, the City of Round Rock, the City of Sunset Valley, the City of West Lake Hills, the Village of Volente, the Austin Community College District, the Austin Independent School District, the Del Valle Independent School District, the Lago Vista Independent School District, the Lake Travis Independent School District, the Leander Independent School District, the Manor Independent School District, Travis County Emergency Services District No. 12, Anderson Mill Municipal Utility District, Northwest Austin Municipal Utility District No. 1, Ranch at Cypress Creek Municipal Utility District No. 1, Travis County Municipal Utility District No. 12, Travis County Municipal Utility District No. 13, Travis County Municipal Utility District No. 16, Travis County Water Control and Improvement District—Point Venture, Travis County Water Control and Improvement District No. 17, Travis-Creedmoor Municipal Utility District, Wells Branch Municipal Utility District, Williamson-Travis Counties Municipal Utility District No. 1. The Participating Entities will hold these elections on May 10, 2008 ("Election Day")jointly for the voters in those portions of Travis County as identified on the maps attached as Exhibit B and incorporated by reference as if fully set out herein. H. Election Officer The Participating Entities each acknowledge that pursuant to each Participating Entity's election services agreement with Travis County, the Honorable Dana DeBeauvoir, Travis County Clerk and Election Officer for Travis County has been appointed to serve as each Participating Entity's Election Officer and Early Voting Clerk to coordinate, supervise, and conduct all aspects of administering voting in each Participating Entity's elections. III. Early Voting Each of the Participating Entities agrees to conduct its early voting jointly. Early voting for the Participating Entities shall be conducted at the dates, times, and locations to be mutually agreed upon by the Election Officer and authorized and ordered by the governing body of each Participating Entity. A. Count, Responsibilities 1. Pursuant to each Participating Entity's election services agreement with Travis County, the County will provide a list of places, times, and dates of early voting suitable for consideration and adoption by the governing body of the Participating Entity in accordance with Texas 177974-I 064. Election Code Chapter 85 and for submission by each respective governing body to the U.S. Department of Justice for review of any early voting changes. 2. Pursuant to each Participating Entity's election services agreement with Travis County, the Honorable Dana DeBeauvoir shall serve as the Joint Early Voting Clerk for the joint elections. The Joint Early Voting Clerk will be responsible for the conduct of early voting by mail and by personal appearance for all Travis County voters voting in the Joint Election. The Joint Early Voting Clerk shall receive from each Participating Entity's Regular Early Voting Clerk applications for early voting ballots to be voted by mail in accordance with Title 7 of the Texas Election Code. The Joint Early Voting Clerk shall send early voting ballots by mail and receive early voting ballots for early voting by mail. The Joint Early Voting Clerk shall have authority to appoint such deputy early voting clerks as may be necessary to assist the Joint Early Voting Clerk with voting to take place at the early voting locations. 3. Pursuant to each Participating Entity's election services agreement with Travis County, the County will determine the number of election workers to hire to conduct early voting in the Joint Election. The Joint Election Officer will arrange or contract for training for all election workers and will assign all election workers employed for early voting in the Joint Election. The training of said election workers is mandatory; these individuals will be compensated for their time in training. The County will provide a training facility where election schools will be conducted to train election workers employed in the conduct of early voting, including the mobile early voting program, early voting by personal appearance at main and temporary branch early voting polling places, early voting by mail, and other aspects of the early voting program for the Joint Election. The County will name early voting deputies and clerks employed in the conduct of early voting. 4. Pursuant to each Participating Entity's election services agreement with Travis County, the County will provide and deliver all supplies and equipment necessary to conduct early voting for the Joint Election, including but not limited to ballots, election forms, any necessary ramps, utility hook-ups, signs, registration lists and ballot boxes, to early voting polling places. The County will designate and confirm all early voting polling place locations. 5. Pursuant to each Participating Entity's election services agreement with Travis County, the County will be responsible for the preparation and transportation of the electronic voting equipment necessary to conduct early voting. The County shall perform all tests of voting equipment as required, including but not limited to posting notice of equipment testing. 6. Pursuant to Sections 66.058 and 271.010 of the Election Code, the Participating Entities appoint Dana DeBeauvoir, Travis County Clerk, as the Joint Custodian of Records ("Joint Custodian") for the sole purpose of preserving all voted ballots securely in a locked room in the locked ballot boxes for the period for preservation required by the Election Code. 7. Pursuant to each Participating Entity's election services agreement with Travis County, the County will receive ballot language in both English and Spanish from each Participating Entity and format the ballots as needed to include said language. The County will provide each Participating Entity with a final proof of ballot language for approval prior to printing ballots. 177974-1 064. Upon final proof approval, ballots shall be printed in an expedited timeframe so as to allow ballot allocations for the Early Voting by Personal Appearance Program, and the ballot mail outs for the Early Voting by Mail Program. 8. Pursuant to each Participating Entity's election services agreement with Travis County, a single joint voter sign-in process consisting of a common list of registered voters, and common signature rosters shall be used for early voting. A single, combined ballot and single ballot box will be used. The County shall use an electronic voting system, as defined and described in Title 8 of the Texas Election Code, and agrees to use ballots that are compatible with such equipment. 9. Pursuant to each Participating Entity's election services agreement with Travis County, the County will be responsible for the conduct of the Early Voting Ballot Board. The County shall designate a person to serve in the capacity of the Presiding Judge for the Early Voting Ballot Board and shall provide that information to the governing body of each Participating Entity for entry of an order by that authority appointing this official. The Presiding Judge for the Early Voting Ballot Board is eligible to serve in this capacity. The Presiding Judge for the Early Voting Ballot Board shall appoint two or more election clerks, and such Judge and clerks shall constitute the early voting ballot board and shall count and return early voting ballots, and perform other duties set for such board in accordance with the Election Code. B. Responsibilities of Participating Entities 1. Each Participating Entity shall appoint a qualified person to serve as the Regular Early Voting Clerk ("Regular Early Voting Clerk") for the Participating Entity. The Regular Early Voting Clerk for each respective Participating Entity shall receive requests for applications for early voting ballots to be voted by mail and shall forward in a timely manner as prescribed by law any and all applications for early voting ballots to be voted by mail received in the Entity's office to the Joint Early Voting Clerk. The Joint Early Voting Clerk is responsible for the remaining procedures for conducting each of the Participating Entities' early voting by mail as stated in III. A. 2. 2. Each Participating Entity shall appoint a qualified person to act as Custodian of Records for the Participating Entity to perform the duties imposed by the Election Code on the custodian of records for its respective entity. 3. Pursuant to each Participating Entity's election services agreement with Travis County, each Participating Entity will provide ballot language for the respective portion of the official ballot to the County in both English and Spanish. Any additions, modifications, deletions, or other changes to such ballot contents or language must be made by the Entity prior to final proof approval by the Participating Entity. The County will provide the Participating Entity with a final proof of ballot language, as it is to appear on the ballot for final proof approval. Upon final proof approval, the ballot shall be programmed for the voting equipment in an expedited timeframe so as to allow ballot allocations for the Early Voting by Personal Appearance Program, and the printed ballot mail outs for the Early Voting by Mail Program. IV. Election Day 177974-1 064. A. County Responsibilities 1. Pursuant to each Participating Entity's election services agreement with Travis County, the County shall designate and confirm all Election Day polling place locations for the Joint Election, and shall forward such information to the Participating Entities in a timely fashion to allow the governing body of each of the respective Participating Entities to enter orders designating such polling places and for each of the Entities to submit to the U.S. Department of Justice for review prior to Election Day. 2. Pursuant to each Participating Entity's election services agreement with Travis County, the County shall designate the Presiding Election Judge and the Alternate Presiding Election Judge to administer the election in the precinct in which a common polling place is to be used and shall forward such information to the Participating Entities to allow the governing bodies of the respective Participating Entities to enter appropriate orders designating such officials prior to the election. The Presiding Election Judge and Alternate Presiding Election Judge shall be qualified voters of the Travis County Election Precinct in which the joint election is held. The Presiding Election Judge for the precinct in which a common polling place is used may appoint election clerks as necessary to assist the judge in the conduct of the election at the precinct polling place. The Alternate Presiding Election Judge may be appointed as a clerk. The Alternate Presiding Election Judge may serve as the Presiding Election Judge for the precinct in the absence of the Presiding Election Judge. Election Judges and clerks shall be compensated at the rate established hereafter by the County. Compensable hours shall be determined in accordance with provisions of the Texas Election Code and other applicable laws. 3. One set of election officials shall preside over the election in the precinct in which a common polling place is used. A single joint voter sign-in process consisting of a common list of registered voters, and common signature rosters shall be used in the precinct in which a common polling place is used. A single, combined ballot and single ballot box will be used. The officer designated by law to be the custodian of the voted ballots for the County shall be custodian of all materials used in common in the precinct where a common polling place is used. The County shall use an electronic voting system, as defined and described in Title 8 of the Texas Election Code and agrees to use ballots that are compatible with such equipment. 4. Pursuant to each Participating Entity's election services agreement with Travis County, the County will arrange for training and will provide the instructors, manuals and other training materials deemed necessary for training all judges and clerks. Training for Election Judges and Alternate Judges is mandatory, and these individuals will be compensated for their time in training. 5. Pursuant to each Participating Entity's election services agreement with Travis County, the County will arrange for Election Day voter registration precinct lists for the Joint Election. The County will determine the quantities of election supplies needed for Election Day voting. 6. Pursuant to each Participating Entity's election services agreement with Travis County, the County, by and through the County Clerk's Elections Division, and Administrative 177974-1 064. Operations, will be responsible for the preparation and transportation of voting equipment and Election Day supplies for use on Election Day. 7. The County, by and through the County Voter Registrar, will provide the list of registered voters as needed in the overlapping jurisdictions identified in the attached Exhibits, with designation of registered voters in each Participating Entity, for use at the Joint Election Day polling place on Election Day. 8. The final returns for each Participating Entity shall be canvassed separately by each respective Participating Entity. The Custodian of Records for the County, the Honorable Dana DeBeauvoir, shall maintain a return center on Election Day for the purpose of receiving returns. Ms. DeBeauvoir will provide unofficial election results to the qualified individual appointed by each Participating Entity. 9. On Election Day, the Joint Election Officer and/or the Elections Division of her Office will field all questions from election judges. 10. Pursuant to each Participating Entity's election services agreement with Travis County, the County shall make available to the voters having the need of an individual capable of acting as a translator and speaking both English and Spanish languages who will assist Spanish speaking voters in understanding and participating in the election process in the Territory covered by this Agreement. B. Participating Entity Responsibilities 1. Prior to Election Day, each Participating Entity will answer questions from the public with respect to the Participating Entity's Election during regular office hours. 2. The Custodian of Records for each Participating Entity shall receive returns from Dana DeBeauvoir on Election Day. V. Election Night A. County Responsibilities 1. Pursuant to each Participating Entity's election services agreement with Travis County, the County holds responsibility for all activities on election night including, but not limited to, setting up a central counting station, coordinating and supervising the tabulation of results, coordination and supervision of the physical layout of the support stations that are receiving substations for the Joint Election, and coordination and management of media coverage of the election. 2. Pursuant to each Participating Entity's election services agreement with Travis County, the County will arrange for the transportation of voted ballot boxes to the central counting station. 177974-1 064. 3. Pursuant to each Participating Entity's election services agreement with Travis County, the County will appoint the Presiding Judge and Alternate Presiding Judge of the Central Counting Station to maintain order at the Central Counting Station, to administer oaths as necessary, to receive sealed ballot boxes, and to perform such other duties required by the Texas Election Code, and shall forward such information to each Participating Entity in a timely fashion to allow the governing body of each Participating Entity to enter appropriate orders designating such election officials prior to the election. These individuals shall be those hereafter appointed by the County to serve as Presiding and Alternate Judge of the Central Counting Station. The Presiding Judge of the Central Counting Station may appoint clerks to serve at the Central Counting Station. In addition, the County shall appoint a Tabulation Supervisor to be in charge of the operation of the automatic tabulating equipment at the Central Counting Station, an individual to serve as Central Counting Station Manager, and an Assistant Counting Station Manager to be in charge of the overall administration of the Central Counting Station and the general supervision of the personnel working at the Central Counting Station, and shall forward such information to each Participating Entity in a timely fashion to allow the governing body of each Participating Entity to enter appropriate orders designating such election officials prior to the election. These individuals shall be those hereafter appointed by the County to serve as Tabulation Supervisor, Central Counting Station Manager, and Assistant Counting Station Manager. 4. Pursuant to each Participating Entity's election services agreement with Travis County, the County shall provide the Participating Entities with reasonable space in a public area adjacent to the Central Counting Station at which each Participating Entity may have representatives or other interested persons present during the counting process. B. Participating Entity Responsibilities 1. Other than receiving returns from the Joint Election Officer, the Participating Entities have no role or responsibility on the night of the election. VI. County Resources 1. Pursuant to each Participating Entity's election services agreement with Travis County, the County shall provide the Elections Division permanent staff and offices to administer the Joint Election, under the direction of the Travis County Clerk, Dana DeBeauvoir. 2. For early voting, the County will provide, pursuant to each Participating Entity's election services agreement with Travis County, a locked and secure area in which voted ballot boxes will be stored until the Early Voting Ballot Board convenes. The County, by and through Administrative Operations, will provide transportation of such ballot boxes to the Central Counting Station for the Early Voting Ballot Board. 3. Pursuant to each Participating Entity's election services agreement with Travis County, the County will be responsible for providing and maintaining voting equipment and testing any voting equipment as required by the Texas Election Code. 177974-1 064. VII. General Provisions A. Legal Notices Each of the Participating Entities shall be individually responsible for the preparation of election orders, resolutions, notices, and other pertinent documents for adoption or execution by its own respective governing board and all expenses related thereto. Each of the Participating Entities shall be individually responsible for obtaining appropriate preclearance, if necessary,from the United States Department of Justice. The Honorable Dana DeBeauvoir, the Joint Election Officer, will provide each Participating Entity information on changes affecting the Participating Entity's election, such as polling place changes and changes in voting equipment, when such changes are confirmed, verified, or otherwise become known to her or her office. Each of the Participating Entities shall be individually responsible for posting or publication of election notices and all expenses related thereto. Each of the Participating Entities further shall be individually responsible for election expenses incurred in relation to any polling place that is not a common polling place as designated in this Agreement. B. Communications Throughout the term of this Agreement, the Participating Entities and the County will engage in ongoing communications concerning the conduct of the Joint Election; and, when necessary, the County Clerk, elections division staff members, and other election workers shall meet with the designated representative of each Participating Entity to discuss and resolve any problems which might arise regarding the Joint Election. C. Custodian The Honorable Dana DeBeauvoir, Travis County Election Officer, shall serve as the custodian of the keys to the ballot boxes for voted ballots in the Joint Election. D. Effective Date This Agreement takes effect upon the complete execution of this Agreement by all Participating Entities. VIII. Miscellaneous Provisions A. Except as otherwise provided herein, this Agreement may not be amended, modified, or changed in any respect whatsoever, except by a further Agreement in writing, duly executed by the parties hereto. No official, representative, agent, or employee of any Participating Entity has any authority to modify this Agreement except pursuant to such expressed authorization as may be granted by the governing body of the respective Participating Entity. Pursuant to each Participating Entity's election services agreement with Travis County, Dana DeBeauvoir, Travis County Clerk, may propose necessary amendments or modifications to this Agreement in writing in order to conduct the Joint Election smoothly and efficiently, except that any such proposals must be approved by the Travis Commissioners Court and the governing body of the respective Participating Entity. 177974-1 064. B. Notice Any notice to be given hereunder by any party to the other shall be in writing and may be effected by personal delivery in writing or certified mail, return receipt requested, when mailed to the proper party, at the addresses listed in Exhibit A. Each party may change the address for notice to it by giving notice of such change in accordance with the provisions of this Section. C. Venue and Choice of Law The Participating Entities agree that venue for any dispute arising under this Agreement will lie in the appropriate courts of Austin, Travis County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America. D. Entire Agreement This Agreement contains the entire agreement of the Participating Entities relating to the rights herein granted and the obligations herein assumed and supersedes all prior agreements. Any prior agreements, promises, negotiations, or representations between the Participating Entities not expressly contained in this Agreement are of no force and effect. Any oral representations or modifications concerning this Agreement shall be of no force or effect, excepting a subsequent modification in writing as provided herein. E. Severabilitv If any provision of this Agreement is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of this Agreement; and, the parties to this Agreement shall perform their obligations under this Agreement in accordance with the intent of the parties to this Agreement as expressed in the terms and provisions of this Agreement. F. Breach In the event that any Participating Entity or County breaches any of its obligations under this Agreement, the non-breaching party shall be entitled to pursue any and all rights and remedies allowed by law. G. Payments from Current Revenues Payments made by the Participating Entities in meeting their obligations under this Agreement shall be made from current revenue funds available to the governing body of the respective Participating Entity. 177974-1 064. H. Other Instruments The Participating Entities agree that they will execute other and further instruments or any documents as may become necessary or convenient to effectuate and carry out the purposes of this Agreement. I. Third Party Beneficiaries Except as otherwise provided herein, nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto, any benefits, rights or remedies under or by reason of this Agreement. J. Travis County Not a Party The Participating Entities expressly understand and acknowledge that Travis County is not a party to this Joint Election Agreement and that any recitals relating to any responsibilities of Travis County with respect to election services agreements are merely restatements made for the convenience of the Participating Entities and do not change the respective rights and obligations of Travis County or of each Participating Entities with respect to their respective election services agreements. K. Other Joint Election Agreements The Participating Entities expressly understand and acknowledge that each may enter into other Joint Election Agreements with other political subdivisions, to be held on Election Day and at common polling places covered by this Agreement, and that the addition of other political subdivisions as parties to this Agreement shall require the amendment of Exhibits A and B to this Agreement. L. Mediation When mediation is acceptable to both parties in resolving a dispute arising under this Agreement, the parties agree to use a mutually agreed upon mediator, or a person appointed by a court of competent jurisdiction, for mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in Section 154.023 of the Texas Civil Practice and Remedies Code unless both parties agree, in writing, to waive the confidentiality. Notwithstanding the foregoing, the parties intend to fully comply with the Texas Open Meetings Act and the Texas Public Information Act whenever applicable. The term "confidential" as used in this Agreement has the same meanings as defined and construed under the Texas Public Information Act and the Texas Open Meetings Act. M. Counterparts 177974-1 064. This Agreement may be executed in multiple counterparts, all of which shall be deemed originals and with the same effect as if all parties hereto had signed the same document. All of such counterparts shall be construed together and shall constitute one and the same Agreement. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of equal dignity, on this day of 52008. 177974-1 064. PARTICIPATING ENTITIES Name of Participating Entity Address Name of Authorized Signatory Signature Date signed 177974-1 064. EXHIBIT A List of Participating Entities City of Austin City of Cedar Park City of Jonestown City of Lago Vista City of Pflugerville City of Round Rock City of Sunset Valley City of West Lake Hills Village of Volente Austin Community College District Austin Independent School District Del Valle Independent School District Lago Vista Independent School District Lake Travis Independent School District Leander Independent School District Manor Independent School District Travis County Emergency Services District No. 12 Anderson Mill Municipal Utility District Northwest Austin Municipal Utility District No. 1 Ranch at Cypress Creek Municipal Utility District No. 1 Travis County Municipal Utility District No. 12 Travis County Municipal Utility District No. 13 Travis County Municipal Utility District No. 16 Travis County Water Control and Improvement District—Point Venture Travis County Water Control and Improvement District No. 17 Travis-Creedmoor Municipal Utility District Wells Branch Municipal Utility District Williamson-Travis Counties Municipal Utility District No. 1 177974-1 064. EXHIBIT B MAPS AND DESCRIPTIONS 177974-1 064. DATE: April 17, 2008 SUBJECT: City Council Meeting—April 24, 2008 ITEM: *10D1.Consider a resolution authorizing the Mayor to execute a Joint Election Agreement with Travis County Participating Entities for the May 10, 2008 General and Special election. Department: Administration Staff Person: Sara White, City Secretary Justification: Travis County has contracted or is contracting with other entities to conduct and provide election services. This agreement is to share the election equipment, election officials, precinct polling locations and election ballots, where appropriate, with other entities for the May 10, 2008 City Election. Funding: Cost: Cost included in the Election Services Contract—Estimated at$1000 Source of funds: General Fund Outside Resources: N/A Background Information: Sharing all aspects of an election reduces the cost of the election and prevents voters from having to go to various locations to vote. Public Comment: None EXECUTED DOCUMENT FOLLOWS AGREEMENT TO CONDUCT JOINT ELECTIONS FOR MAY 10, 2008 ELECTIONS WHEREAS, the City of Austin, the City of Cedar Park, the City of Jonestown, the City of Lago Vista, the City of Pflugerville, the City of Round Rock, the City of Sunset Valley, the City of West Lake Hills, the Village of Volente, the Austin Community College District, the Austin Independent School District, the Del Valle Independent School District, the Lago Vista Independent School District, the Lake Travis Independent School District, the Leander Independent School District, the Manor Independent School District, Travis County Emergency Services District No. 12, Anderson Mill Municipal Utility District, Northwest Austin Municipal Utility District No. 1, Ranch at Cypress Creek Municipal Utility District No. 1, Travis County Municipal Utility District No. 12, Travis County Municipal Utility District No. 13, Travis County Municipal Utility District No. 16, Travis County Water Control and Improvement District—Point Venture, Travis County Water Control and Improvement District No. 17, Travis- Creedmoor Municipal Utility District, Wells Branch Municipal Utility District, Williamson- Travis Counties Municipal Utility District No. 1, each of which is a political subdivision in the State of Texas and hereinafter referred to individually as the "Participating Entity" and collectively as the "Participating Entities", listed in Exhibit A, which exhibit is attached hereto and incorporated herein for all purposes, require elections to be held on May 10, 2008 in those portions of Travis County as shown on the maps in Exhibit B, which exhibit is attached hereto and incorporated herein for all purposes; and, WHEREAS, pursuant to Section 271.002 of the Texas Election Code, political subdivisions of the State of Texas are authorized to hold elections jointly in voting precincts that can be served by common polling places if elections are ordered by the authorities of two or more political subdivisions to be held on the same day in all or part of the same territory; and WHEREAS, Chapter 791 of the Texas Government Code authorizes local governments to contract with one another and with agencies of the state for various governmental functions including those in which the contracting parties are mutually interested; and WHEREAS, it would be to the benefit of each of the Participating Entities and the citizens and voters thereof to hold the elections jointly in the election precincts that can be served by common polling places insofar as possible; WHEREAS, pursuant to Chapter 31, Subchapter D, Chapter 123, and Chapter 271 of the Texas Election Code and Chapter 791 of the Texas Government Code, each of the Participating Entities has entered into an election services agreement with Travis County (the "County") for the Travis County Clerk, as the County's Election Officer, to conduct elections, including runoffs, for each of the Participating Entities and for the Participating Entities' use of Travis County's current or future-acquired election equipment for any voting system that the County adopts, as authorized under Title 8 of the Election Code, for all elections of the Participating Entities; V.- U 0+-?*-w L4 177974-1 064. NOW, THEREFORE, pursuant to Chapter 31 and Sections 271.002 and 271.003 of the Texas Election Code and Chapter 791 of the Texas Government Code, the Joint Election Agreement set forth herein is entered into by and between each of the Participating Entities acting by and through their respective governing bodies, agree as follows: I. Scope of Joint Election Agreement This Joint Election Agreement covers the conduct of the elections that will be held by the Participating Entities on May 10, 2008. The Participating Entities include the City of Austin, the City of Cedar Park, the City of Jonestown, the City of Lago Vista, the City of Pflugerville, the City of Round Rock, the City of Sunset Valley, the City of West Lake Hills, the Village of Volente, the Austin Community College District, the Austin Independent School District, the Del Valle Independent School District, the Lago Vista Independent School District, the Lake Travis Independent School District, the Leander Independent School District, the Manor Independent School District, Travis County Emergency Services District No. 12, Anderson Mill Municipal Utility District, Northwest Austin Municipal Utility District No. 1, Ranch at Cypress Creek Municipal Utility District No. 1, Travis County Municipal Utility District No. 12, Travis County Municipal Utility District No. 13, Travis County Municipal Utility District No. 16, Travis County Water Control and Improvement District—Point Venture, Travis County Water Control and Improvement District No. 17, Travis-Creedmoor Municipal Utility District, Wells Branch Municipal Utility District, Williamson-Travis Counties Municipal Utility District No. 1. The Participating Entities will hold these elections on May 10, 2008 ("Election Day")jointly for the voters in those portions of Travis County as identified on the maps attached as Exhibit B and incorporated by reference as if fully set out herein. II. Election Officer The Participating Entities each acknowledge that pursuant to each Participating Entity's election services agreement with Travis County, the Honorable Dana DeBeauvoir, Travis County Clerk and Election Officer for Travis County has been appointed to serve as each Participating Entity's Election Officer and Early Voting Clerk to coordinate, supervise, and conduct all aspects of administering voting in each Participating Entity's elections. III. Early Voting Each of the Participating Entities agrees to conduct its early voting jointly. Early voting for the Participating Entities shall be conducted at the dates, times, and locations to be mutually agreed upon by the Election Officer and authorized and ordered by the governing body of each Participating Entity. A. County Responsibilities 1. Pursuant to each Participating Entity's election services agreement with Travis County, the County will provide a list of places, times, and dates of early voting suitable for consideration and adoption by the governing body of the Participating Entity in accordance with Texas 177974-1 064. Election Code Chapter 85 and for submission by each respective governing body to the U.S. Department of Justice for review of any early voting changes. 2. Pursuant to each Participating Entity's election services agreement with Travis County, the Honorable Dana DeBeauvoir shall serve as the Joint Early Voting Clerk for the joint elections. The Joint Early Voting Clerk will be responsible for the conduct of early voting by mail and by personal appearance for all Travis County voters voting in the Joint Election. The Joint Early Voting Clerk shall receive from each Participating Entity's Regular Early Voting Clerk applications for early voting ballots to be voted by mail in accordance with Title 7 of the Texas Election Code. The Joint Early Voting Clerk shall send early voting ballots by mail and receive early voting ballots for early voting by mail. The Joint Early Voting Clerk shall have authority to appoint such deputy early voting clerks as may be necessary to assist the Joint Early Voting Clerk with voting to take place at the early voting locations. 3. Pursuant to each Participating Entity's election services agreement with Travis County, the County will determine the number of election workers to hire to conduct early voting in the Joint Election. The Joint Election Officer will arrange or contract for training for all election workers and will assign all election workers employed for early voting in the Joint Election. The training of said election workers is mandatory; these individuals will be compensated for their time in training. The County will provide a training facility where election schools will be conducted to train election workers employed in the conduct of early voting, including the mobile early voting program, early voting by personal appearance at main and temporary branch early voting polling places, early voting by mail, and other aspects of the early voting program for the Joint Election. The County will name early voting deputies and clerks employed in the conduct of early voting. 4. Pursuant to each Participating Entity's election services agreement with Travis County, the County will provide and deliver all supplies and equipment necessary to conduct early voting for the Joint Election, including but not limited to ballots, election forms, any necessary ramps, utility hook-ups, signs, registration lists and ballot boxes, to early voting polling places. The County will designate and confirm all early voting polling place locations. 5. Pursuant to each Participating Entity's election services agreement with Travis County, the County will be responsible for the preparation and transportation of the electronic voting equipment necessary to conduct early voting. The County shall perform all tests of voting equipment as required, including but not limited to posting notice of equipment testing. 6. Pursuant to Sections 66.058 and 271.010 of the Election Code, the Participating Entities appoint Dana DeBeauvoir, Travis County Clerk, as the Joint Custodian of Records ("Joint Custodian") for the sole purpose of preserving all voted ballots securely in a locked room in the locked ballot boxes for the period for preservation required by the Election Code. 7. Pursuant to each Participating Entity's election services agreement with Travis County, the County will receive ballot language in both English and Spanish from each Participating Entity and format the ballots as needed to include said language. The County will provide each Participating Entity with a final proof of ballot language for approval prior to printing ballots. 177974-1 064. Upon final proof approval, ballots shall be printed in an expedited timeframe so as to allow ballot allocations for the Early Voting by Personal Appearance Program, and the ballot mail outs for the Early Voting by Mail Program. 8. Pursuant to each Participating Entity's election services agreement with Travis County, a single joint voter sign-in process consisting of a common list of registered voters, and common signature rosters shall be used for early voting. A single, combined ballot and single ballot box will be used. The County shall use an electronic voting system, as defined and described in Title 8 of the Texas Election Code, and agrees to use ballots that are compatible with such equipment. 9. Pursuant to each Participating Entity's election services agreement with Travis County, the County will be responsible for the conduct of the Early Voting Ballot Board. The County shall designate a person to serve in the capacity of the Presiding Judge for the Early Voting Ballot Board and shall provide that information to the governing body of each Participating Entity for entry of an order by that authority appointing this official. The Presiding Judge for the Early Voting Ballot Board is eligible to serve in this capacity. The Presiding Judge for the Early Voting Ballot Board shall appoint two or more election clerks, and such Judge and clerks shall constitute the early voting ballot board and shall count and return early voting ballots, and perform other duties set for such board in accordance with the Election Code. B. Responsibilities of Participating Entities 1. Each Participating Entity shall appoint a qualified person to serve as the Regular Early Voting Clerk ("Regular Early Voting Clerk") for the Participating Entity. The Regular Early Voting Clerk for each respective Participating Entity shall receive requests for applications for early voting ballots to be voted by mail and shall forward in a timely manner as prescribed by law any and all applications for early voting ballots to be voted by mail received in the Entity's office to the Joint Early Voting Clerk. The Joint Early Voting Clerk is responsible for the remaining procedures for conducting each of the Participating Entities' early voting by mail as stated in III. A. 2. 2. Each Participating Entity shall appoint a qualified person to act as Custodian of Records for the Participating Entity to perform the duties imposed by the Election Code on the custodian of records for its respective entity. 3. Pursuant to each Participating Entity's election services agreement with Travis County, each Participating Entity will provide ballot language for the respective portion of the official ballot to the County in both English and Spanish. Any additions, modifications, deletions, or other changes to such ballot contents or language must be made by the Entity prior to final proof approval by the Participating Entity. The County will provide the Participating Entity with a final proof of ballot language, as it is to appear on the ballot for final proof approval. Upon final proof approval, the ballot shall be programmed for the voting equipment in an expedited timeframe so as to allow ballot allocations for the Early Voting by Personal Appearance Program, and the printed ballot mail outs for the Early Voting by Mail Program. IV. Election Day 177974-1 064. A. County Responsibilities 1. Pursuant to each Participating Entity's election services agreement with Travis County, the County shall designate and confirm all Election Day polling place locations for the Joint Election, and shall forward such information to the Participating Entities in a timely fashion to allow the governing body of each of the respective Participating Entities to enter orders designating such polling places and for each of the Entities to submit to the U.S. Department of Justice for review prior to Election Day. 2. Pursuant to each Participating Entity's election services agreement with Travis County, the County shall designate the Presiding Election Judge and the Alternate Presiding Election Judge to administer the election in the precinct in which a common polling place is to be used and shall forward such information to the Participating Entities to allow the governing bodies of the respective Participating Entities to enter appropriate orders designating such officials prior to the election. The Presiding Election Judge and Alternate Presiding Election Judge shall be qualified voters of the Travis County Election Precinct in which the joint election is held. The Presiding Election Judge for the precinct in which a common polling place is used may appoint election clerks as necessary to assist the judge in the conduct of the election at the precinct polling place. The Alternate Presiding Election Judge may be appointed as a clerk. The Alternate Presiding Election Judge may serve as the Presiding Election Judge for the precinct in the absence of the Presiding Election Judge. Election Judges and clerks shall be compensated at the rate established hereafter by the County. Compensable hours shall be determined in accordance with provisions of the Texas Election Code and other applicable laws. 3. One set of election officials shall preside over the election in the precinct in which a common polling place is used. A single joint voter sign-in process consisting of a common list of registered voters, and common signature rosters shall be used in the precinct in which a common polling place is used. A single, combined ballot and single ballot box will be used. The officer designated by law to be the custodian of the voted ballots for the County shall be custodian of all materials used in common in the precinct where a common polling place is used. The County shall use an electronic voting system, as defined and described in Title 8 of the Texas Election Code and agrees to use ballots that are compatible with such equipment. 4. Pursuant to each Participating Entity's election services agreement with Travis County, the County will arrange for training and will provide the instructors, manuals and other training materials deemed necessary for training all judges and clerks. Training for Election Judges and Alternate Judges is mandatory, and these individuals will be compensated for their time in training. 5. Pursuant to each Participating Entity's election services agreement with Travis County, the County will arrange for Election Day voter registration precinct lists for the Joint Election. The County will determine the quantities of election supplies needed for Election Day voting. 6. Pursuant to each Participating Entity's election services agreement with Travis County, the County, by and through the County Clerk's Elections Division, and Administrative 177974-1 064. 3. Pursuant to each Participating Entity's election services agreement with Travis County, the County will appoint the Presiding Judge and Alternate Presiding Judge of the Central Counting Station to maintain order at the Central Counting Station, to administer oaths as necessary, to receive sealed ballot boxes, and to perform such other duties required by the Texas Election Code, and shall forward such information to each Participating Entity in a timely fashion to allow the governing body of each Participating Entity to enter appropriate orders designating such election officials prior to the election. These individuals shall be those hereafter appointed by the County to serve as Presiding and Alternate Judge of the Central Counting Station. The Presiding Judge of the Central Counting Station may appoint clerks to serve at the Central Counting Station. In addition, the County shall appoint a Tabulation Supervisor to be in charge of the operation of the automatic tabulating equipment at the Central Counting Station, an individual to serve as Central Counting Station Manager, and an Assistant Counting Station Manager to be in charge of the overall administration of the Central Counting Station and the general supervision of the personnel working at the Central Counting Station, and shall forward such information to each Participating Entity in a timely fashion to allow the governing body of each Participating Entity to enter appropriate orders designating such election officials prior to the election. These individuals shall be those hereafter appointed by the County to serve as Tabulation Supervisor, Central Counting Station Manager, and Assistant Counting Station Manager. 4. Pursuant to each Participating Entity's election services agreement with Travis County, the County shall provide the Participating Entities with reasonable space in a public area adjacent to the Central Counting Station at which each Participating Entity may have representatives or other interested persons present during the counting process. B. Participating Entity Responsibilities 1. Other than receiving returns from the Joint Election Officer, the Participating Entities have no role or responsibility on the night of the election. VI. County Resources 1. Pursuant to each Participating Entity's election services agreement with Travis County, the County shall provide the Elections Division permanent staff and offices to administer the Joint Election, under the direction of the Travis County Clerk, Dana DeBeauvoir. 2. For early voting, the County will provide, pursuant to each Participating Entity's election services agreement with Travis County, a locked and secure area in which voted ballot boxes will be stored until the Early Voting Ballot Board convenes. The County, by and through Administrative Operations, will provide transportation of such ballot boxes to the Central Counting Station for the Early Voting Ballot Board. 3. Pursuant to each Participating Entity's election services agreement with Travis County, the County will be responsible for providing and maintaining voting equipment and testing any voting equipment as required by the Texas Election Code. 177974-1 064. VII. General Provisions A. Legal Notices Each of the Participating Entities shall be individually responsible for the preparation of election orders, resolutions, notices, and other pertinent documents for adoption or execution by its own respective governing board and all expenses related thereto. Each of the Participating Entities shall be individually responsible for obtaining appropriate preclearance, if necessary,from the United States Department of Justice. The Honorable Dana DeBeauvoir, the Joint Election Officer, will provide each Participating Entity information on changes affecting the Participating Entity's election, such as polling place changes and changes in voting equipment, when such changes are confirmed, verified, or otherwise become known to her or her office. Each of the Participating Entities shall be individually responsible for posting or publication of election notices and all expenses related thereto. Each of the Participating Entities further shall be individually responsible for election expenses incurred in relation to any polling place that is not a common polling place as designated in this Agreement. B. Communications Throughout the term of this Agreement, the Participating Entities and the County will engage in ongoing communications concerning the conduct of the Joint Election; and, when necessary, the County Clerk, elections division staff members, and other election workers shall meet with the designated representative of each Participating Entity to discuss and resolve any problems which might arise regarding the Joint Election. C. Custodian The Honorable Dana DeBeauvoir, Travis County Election Officer, shall serve as the custodian of the keys to the ballot boxes for voted ballots in the Joint Election. D. Effective Date This Agreement takes effect upon the complete execution of this Agreement by all Participating Entities. VIII. Miscellaneous Provisions A. Except as otherwise provided herein, this Agreement may not be amended, modified, or changed in any respect whatsoever, except by a further Agreement in writing, duly executed by the parties hereto. No official, representative, agent, or employee of any Participating Entity has any authority to modify this Agreement except pursuant to such expressed authorization as may be granted by the governing body of the respective Participating Entity. Pursuant to each Participating Entity's election services agreement with Travis County, Dana DeBeauvoir, Travis County Clerk, may propose necessary amendments or modifications to this Agreement in writing in order to conduct the Joint Election smoothly and efficiently, except that any such proposals must be approved by the Travis Commissioners Court and the governing body of the respective Participating Entity. 177974-1 064. B. Notice Any notice to be given hereunder by any party to the other shall be in writing and may be effected by personal delivery in writing or certified mail, return receipt requested, when mailed to the proper party, at the addresses listed in Exhibit A. Each party may change the address for notice to it by giving notice of such change in accordance with the provisions of this Section. C. Venue and Choice of Law The Participating Entities agree that venue for any dispute arising under this Agreement will lie in the appropriate courts of Austin, Travis County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America. D. Entire Agreement This Agreement contains the entire agreement of the Participating Entities relating to the rights herein granted and the obligations herein assumed and supersedes all prior agreements. Any prior agreements, promises, negotiations, or representations between the Participating Entities not expressly contained in this Agreement are of no force and effect. Any oral representations or modifications concerning this Agreement shall be of no force or effect, excepting a subsequent modification in writing as provided herein. E. Severability If any provision of this Agreement is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of this Agreement; and, the parties to this Agreement shall perform their obligations under this Agreement in accordance with the intent of the parties to this Agreement as expressed in the terms and provisions of this Agreement. F. Breach In the event that any Participating Entity or County breaches any of its obligations under this Agreement, the non-breaching party shall be entitled to pursue any and all rights and remedies allowed by law. G. Payments from Current Revenues Payments made by the Participating Entities in meeting their obligations under this Agreement shall be made from current revenue funds available to the governing body of the respective Participating Entity. 177974-1 064. H. Other Instruments The Participating Entities agree that they will execute other and further instruments or any documents as may become necessary or convenient to effectuate and carry out the purposes of this Agreement. I. Third Party Beneficiaries Except as otherwise provided herein, nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto, any benefits, rights or remedies under or by reason of this Agreement. J. Travis County Not a Party The Participating Entities expressly understand and acknowledge that Travis County is not a party to this Joint Election Agreement and that any recitals relating to any responsibilities of Travis County with respect to election services agreements are merely restatements made for the convenience of the Participating Entities and do not change the respective rights and obligations of Travis County or of each Participating Entities with respect to their respective election services agreements. K. Other Joint Election Agreements The Participating Entities expressly understand and acknowledge that each may enter into other Joint Election Agreements with other political subdivisions, to be held on Election Day and at common polling places covered by this Agreement, and that the addition of other political subdivisions as parties to this Agreement shall require the amendment of Exhibits A and B to this Agreement. L. Mediation When mediation is acceptable to both parties in resolving a dispute arising under this Agreement, the parties agree to use a mutually agreed upon mediator, or a person appointed by a court of competent jurisdiction, for mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in Section 154.023 of the Texas Civil Practice and Remedies Code unless both parties agree, in writing, to waive the confidentiality. Notwithstanding the foregoing, the parties intend to fully comply with the Texas Open Meetings Act and the Texas Public Information Act whenever applicable. The term "confidential" as used in this Agreement has the same meanings as defined and construed under the Texas Public Information Act and the Texas Open Meetings Act. M. Counterparts 177974-1 064. This Agreement may be executed in multiple counterparts, all of which shall be deemed originals and with the same effect as if all parties hereto had signed the same document. All of such counterparts shall be construed together and shall constitute one and the same Agreement. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of equal dignity, on this day of , 2008. ]77974-1 064. PARTICIPATING ENTITIES Name of Participating Entity City of Round Rock Address 221 East Main Street Round Rock, Texas 78661 Name of Authorized Signatory Nle Maxwell Ma or Signature Date signed 177974-1 064. EXHIBIT A List of Participating Entities City of Austin City of Cedar Park City of Jonestown City of Lago Vista City of Pflugerville City of Round Rock City of Sunset Valley City of West Lake Hills Village of Volente Austin Community College District Austin Independent School District Del Valle Independent School District Lago Vista Independent School District Lake Travis Independent School District Leander Independent School District Manor Independent School District Travis County Emergency Services District No. 12 Anderson Mill Municipal Utility District Northwest Austin Municipal Utility District No. 1 Ranch at Cypress Creek Municipal Utility District No. 1 Travis County Municipal Utility District No. 12 Travis County Municipal Utility District No. 13 Travis County Municipal Utility District No. 16 Travis County Water Control and Improvement District—Point Venture Travis County Water Control and Improvement District No. 17 Travis-Creedmoor Municipal Utility District Wells Branch Municipal Utility District Williamson-Travis Counties Municipal Utility District No. 1 177974-1 064. PARTICIPATING ENTITIES Name of Participating Entity City of Austin Address 301 W. 2"d Street Austin, Texas 78701 Name of Authorized Signatory Shirley A. Gentry Signature Date signed April 7, 2008 _a CO t.d 177842-1 064. 11 PARTICIPATING ENTITIES Name of Participating Entity `/ v� C r ��a -- Address C�e dcr � Name of Authorized Signatory Signature Date signed PARTICIPATING ENTITIES Name of Participating Entity City of Jonestown Address 18649 FM 1431, Suite 4-A Jonestown, Texas 78645 Name of Authorized Signatory Deane Armstrong, Mayor Signature Date signed April 24, 2008 7 tJ t L 177974-1 064. PARTICIPATING ENTITIES Name of Participating Entity City of Lago Vista Address P.O. Box 4727 Lago Vista, Texas 78645 Name of Authorized Signatory Bill An elo Cijy Ma Signature Date signed Cn X77 - i\3 177974-1 064. PARTICIPATING ENTITIES Name of Participating Entity City of Pflu erville Address PO Box 589 Pflugerville TX 78691 Name of Authorized Signatory David Buesin , City Manager Signature Date signed April 4, 2008 CIO FV 177882-1 064. 11 PARTICIPATING ENTITIES Name of Participating Entity City of Round Rock Address 221 East Main Street Round Rock, Texas 78661 Name of Authorized Signatory Nle Maywell, 0 Signature Date signed 177974-1 064. PARTICIPATING ENTITIES Name of Participating Entity Ci Address ,�1 n5ft Name of Authorized Signatory i/YY12 j'. :91Q Signature Date signed C-11 1^� 177974-1 064. PARTICIPATING ENTITIES Name of Participating Entity SL�,1c er 1 Address Name of Authorized Signatory Signature Date signed 177974-1 064. PARTICIPATING ENTITIES 7 Name of Participating Entity e- o `7 D Address Name of Authorized Signatory Signature Date signed S", rT; Or) 177882-1 064. 11 Agenda Item 8436 April 14,2008 PARTICIPATING ENTITIES Name of Participating Entity Ac C Address Name of Authorized Signatory John Hernandez, Chair, ACC Board of Trustees Signature Date signed 177974-1 064. EXHIBIT"C" PARTICIPATING ENTITIES Name of Participating Entity Austin Independent School District Address 1111 West Sixth Street Austin, Texas 78703 Name of Authorized Signatory Mark J. Williams ffAPPROVED A TO LEGAL.FORM Signature A-h P Date Signed Y- y�v� 177974-1 064. PARTICIPATING ENTITIES Name of Participating Entity -De L Val l 2 t s t7 Address c✓ -220 ( I.oS5 Road Name of Authorized Signatory Ct t('KZL b1ft ev 3 a",Wk-r,t Signature Date signed 177974-1 064. PARTICIPATING ENTITIES Name of Participating Entity Lago Vista Independent School District Address P.O. Box 4929 Lago Vista, Texas 78645 Name of Authorized Signatory Barbara ual Signature Date signed April 7, 2008 2, CID =J G1 �� C's`l 177882-1 064. I1 PARTICIPATING ENTITIES Name of Participating Entity _Lake Travis ISD Address 3322 RR 620 South _Austin, TX 78738 Name of Authorized Signatory -J,A. c-,nnM,�r! ,�z cc (D<,,,r- Signature Date signed ZA02412008 177974-1 064. PARTICIPATING ENTITIES Name of Participating Entity LeudcK (5D Address 20 Lender �` 1$c�Li I Name of Authorized Signatory I 1 Signature Date signed q/1 7/0 C! 177974-1 064. PARTICIPATING ENTITIES Name of Participating Entity Manor Independent School District Address PO Box 359 Manor, TX 78653 Name of Authorized Signatory Ben Arellano, Board President Signature Date signed 177974-1 064. PARTICIPATING ENTITIES Name of Participating Entity / ✓' •s Address 8•y. �( mw. UI 160�k1�� � 1 n Name of Authorized Signatory Signature Date signed 177882-1 064. 11 I PARTICIPATING ENTITIES „ a , Name of Participating Entity ANDERSON MILL MUNICIPAL UTILITYi DISTRICT k Address 11500 EL SALIDO PARKWAY AUSTIN, TEXAS 78750 Name of Authorized Signatory CINDY OTTENBACHER, VICE PRESIDENT Signature Date signed APRIL 10, 2008 � r.y 177882-1 064. 11 PARTICIPATING ENTITIES Name of Participating Entity ��o p e `i rA L vt p LV;(, (� f�sx,-,c+ Address 0 (—VL-!) < ( !� , t e &, t 7cJ1 Name of Authorized Signatory Signature Date signed j 177974-1 064. r:�y PARTICIPATING ENTITIES Name of Participating Entity Ranch at Cypress Creek Municipal Utility District No 1 Address c/o Lauren Kalisek Lloyd, Gosselink, Rochelle & Townsend P.C. 816 Congress Ave., Suite 1900 Austin, TX 78701 Name of Authorized Signatory Max Moss, President of t he Board of Directors Signature Date signed April 17, 2008 177974-1 064. EXHIBIT A PARTICIPATING ENTITIES Name of Participating Entity TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 12 Address: c/o Armbrust & Brown, L.L.P. 100 Congress Avenue, Suite 1300 Austin, Texas 78701 Name of Authorized Signatory Daniel L. Robertson, President, Board of Directors SignatureAqg- -- Date signed p 0 gegtf lOY Y.Y afY Ltl9xl. q`1g51Y "Ul+ns b `o �1 rrs, C� Gfi s 158132-1 064. 319779-1 02/11/2008 13 EXHIBIT A PARTICIPATING ENTITIES Name of Participating Entity Travis County Municipal Utility District No. 13 Address: c/o Armbrust & Brown, L.L.P. 100 Congress Avenue, Suite 1300 Austin, Texas 78701 Name of Authorized Signatory Richard Fadal, President, Board of Directors Signature Dgte..signed I 2008 i 1 _ 318457-1 01/29/2008 13 PARTICIPATING ENTITIES Name of Participating Entity: Travis County Municipal Utility District No. 16 Mailing Address: c/o Armbrust& Brown, L.L.P., 100 Congress Avenue, Suite 1300 Austin, Texas 78701 Name of Authorized Signatory: Andrew Miller, President Board of Directors Signature: Date signed: April , 2008 325115-1 04/07/2008 11 PARTICIPATING ENTITIES Name of Participating Entity: Travis County Municipal Utility District No. 16 Mailing Address: c/o Armbrust& Brown, L.L.P., 100 Congress Avenue, Suite 1300 Austin, Texas 78701 Name of Authorized Signatory: Andrew Miller, President Board of Directors Signature: Date signed: April J, 2008 325115-1 04/07/2008 11 PARTICIPATING ENTITIES Name of Participating Entity Address . Name of Authorized Signatory Signature / ' Date signed 177882-I 064, I1 PARTICIPATING ENTITIES Name of Participating Entity Travis County WCID #17 Address 3812 Eck Lane Austin, TX 78734 Name of Authorized Signatory Deborah Signature Date signed April 7 , 2008 Z CIO 177882-1 064. 11 PARTICIPATING ENTITIES Name of Participating Entity: Travis-Creedmoor Municipal Utility District Mailing Address: c/o Armbrust& Brown, L.L.P., 100 Congress Avenue, Suite 1300 Austin, Texas 78701 Name of Authorized Signatory: Kerry Russell, President Board of irectors Signature: ; Date signed: April–7-1 2008 r C� fyP� 325116-1 04/07/2008 11 PARTICIPATING ENTITIES Name of Participating Entity: Travis-Creedmoor Municipal Utility District Mailing Address: c/o Armbrust& Brown, L.L.P., 100 Congress Avenue, Suite 1300 Austin, Texas 78701 Name of Authorized Signatory: Kerry Russell, President Board of Directo s Signature: Date signed: April , 2008 325116-1 04/07/2008 11 EXHIBIT A PARTICIPATING ENTITIES Name of Participating Entity Wells Branch Municipal Utility District Address 2106 Klattenhoff Drive Austin, Texas 78728 Name of Authorized Signatory Charles R. Walters, President Board of Directors Signature Date signed I� m cry � C7l 158132-1 064. 320292-1 02/15/2008 ]2 PARTICIPATING ENTITIES Williamson-Travis Counties Municipal Name of Participating Entity utility District No. 1 Address c/o Willatt & Flickinger 2001 North Lamar Austin, Texas 78705 Name of Authorized Signatory Chris Rocco E Signature Date signed 177882-1 064. 11 EXHIBIT B MAPS AND DESCRIPTIONS 177974-1 064. 370 �rveY ne 371 372 me C din 200 lorado River 225 219 Br,Q 374 222 a 5 21 1 224 h 226 C 335 333 334 207 22 2 308 373 312 336 33 328 4 259 10 X11 � 3 �>> �O 2 Colorado Rive 379 2 343 337 Q' 326 6 218 20 11_ 112 sc 203 D �. 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