R-09-02-12-10E3 - 2/12/2009RESOLUTION NO. R -09-02-12-10E3
WHEREAS, the City of Round Rock is contracting with Williamson
County to conduct and provide election services on May 9, 2009; and
WHEREAS, other political subdivisions within the County have
contracted or are contracting with Williamson County to conduct and
provide election services on May 9, 2009; 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 the Williamson County Participating
Entities, 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 the Williamson
County Participating Entities, 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
0:\WDOX\RESOLOTI\R90212E3.DOC/jkg
Resolution was adopted was posted and that such meeting was open to
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 12th day of February, 2009.
SARA L. WHITE, City Secretary
ALAN McGRAW, Mayor
2
City of Round Rock, Texas
JOINT ELECTION AGREEMENT
(WILLIAMSON COUNTY PARTICIPATING ENTITIES)
WHEREAS, the undersigned political subdivisions, collectively referred to
hereinafter as the "Participating Entities", will each hold an election on May 9, 2009;
and
WHEREAS, each of the Participating Entities (i) is located partially or entirely
within Williamson County, Texas (the "County"), and (ii) shares an election precinct
with at least one other Participating Entity; and
WHEREAS, the County has contracted or is contracting with each Participating
Entity to conduct and provide election services for such Participating Entity's May 9,
2009 election; and
WHEREAS, the Participating Entities all desire to enter into a joint election
agreement for the purpose of sharing election equipment, costs, election officials, and
sharing precinct polling locations, and election ballots where appropriate; and
WHEREAS, the Participating Entities desire to define and establish some
specific details of this agreement, if applicable, and attach those details hereto in
ATTACHMENT A.
NOW, THEREFORE, the Participating Entities agree as follows:
I. Scope of Joint Election Agreement
The Participating Entities enter this Joint Election Agreement ("Agreement") for
the conduct of the elections to be held on May 9, 2009.
II. Appoint Election Officer
The Participating Entities appoint Rick Barron, Williamson County Elections
Administrator, to serve as the Election Officer for each Participating Entity in order to
perform and supervise the duties and responsibilities of the Election Officer for the 4
November 2008, election.
III. Early Voting and Election Day
Early Voting In Person and Election -day voting shall be held in common
precincts where appropriate at the dates, times, and locations recommended by the
Election Officer and authorized and ordered by the governing body of each Participating
Entity.
EXHIBIT
IV. Miscellaneous Provisions
1. This Agreement becomes effective upon execution by all Participating
Entities. The obligations of the Agreement will continue as to each Participating Entity
until each Participating Entity has made full payment of its share of election costs under
this Agreement and other agreements related to May 9, 2009, election. In the event any
of the Participating Entities cancels its election in accordance with Section 2.053 of the
Texas Election Code, then this Agreement shall terminate as to such entity upon receipt
by the Williamson County Elections Administrator of notice of cancellation of the
election.
2. Notice under this Agreement must be in writing and may be affected by
personal delivery or by certified mail to the Participating Entities at the addresses set
forth on the signature pages hereto.
3. This Agreement may not be amended or modified except in writing
executed by each Participating Entity.
4. The obligations under this Agreement are performable in Williamson
County, Texas.
5. Venue for any dispute arising under this Agreement shall be in
Williamson 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.
6. 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
Participating Entities shall perform their obligations under this Agreement as expressed
in the terms and provisions of this Agreement.
DATE: February 4, 2009
SUBJECT: City Council Meeting — February 12, 2009
ITEM: 10E3. Consider a resolution authorizing the Mayor to execute a Joint Election
Agreement with Williamson County Participating Entities for the May 9,
2009 General Election.
Department:
Staff Person:
Justification:
Administration
Sara White, City Secretary
Williamson County has contracted or is contracting with other entities to conduct and provide
election services for the upcoming election. This agreement allows the City to share the
election equipment, officials, precinct polling locations and election ballots, where appropriate,
with the other entities.
Funding:
Cost: Included in the Contract for Election Services
Source of funds: General Fund
Outside Resources: Williamson County Election Administrator
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
JOINT ELECTION AGREEMENT
(WILLIAMSON COUNTY PARTICIPATING ENTITIES)
WHEREAS, the undersigned political subdivisions, collectively referred to
hereinafter as the "Participating Entities", will each hold an election on May 9, 2009;
and
WHEREAS, each of the Participating Entities (i) is located partially or entirely
within Williamson County, Texas (the "County"), and (ii) shares an election precinct
with at least one other Participating Entity; and
WHEREAS, the County has contracted or is contracting with each Participating
Entity to conduct and provide election services for such Participating Entity's May 9,
2009 election; and
WHEREAS, the Participating Entities all desire to enter into a joint election
agreement for the purpose of sharing election equipment, costs, election officials, and
sharing precinct polling locations, and election ballots where appropriate; and
WHEREAS, the Participating Entities desire to define and establish some
specific details of this agreement, if applicable, and attach those details hereto in
ATTACHMENT A.
NOW, THEREFORE, the Participating Entities agree as follows:
I. Scope of Joint Election Agreement
The Participating Entities enter this Joint Election Agreement ("Agreement") for
the conduct of the elections to be held on May 9, 2009.
II. Appoint Election Officer
The Participating Entities appoint Rick Barron, Williamson County Elections
Administrator, to serve as the Election Officer for each Participating Entity in order to
perform and supervise the duties and responsibilities of the Election Officer for the 4
November 2008, election.
III. Early Voting and Election Day
Early Voting In Person and Election -day voting shall be held in common
precincts where appropriate at the dates, times, and locations recommended by the
Election Officer and authorized and ordered by the governing body of each Participating
Entity.
It--6,.02-tom- wF3
IV. Miscellaneous Provisions
1. This Agreement becomes effective upon execution by all Participating
Entities. The obligations of the Agreement will continue as to each Participating Entity
until each Participating Entity has made full payment of its share of election costs under
this Agreement and other agreements related to May 9, 2009, election. In the event any
of the Participating Entities cancels its election in accordance with Section 2.053 of the
Texas Election Code, then this Agreement shall terminate as to such entity upon receipt
by the Williamson County Elections Administrator of notice of cancellation of the
election.
2. Notice under this Agreement must be in writing and may be affected by
personal delivery or by certified mail to the Participating Entities at the addresses set
forth on the signature pages hereto.
3. This Agreement may not be amended or modified except in writing
executed by each Participating Entity.
4. The obligations under this Agreement are performable in Williamson
County, Texas.
5. Venue for any dispute arising under this Agreement shall be in
Williamson 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.
6. 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
Participating Entities shall perform their obligations under this Agreement as expressed
in the terms and provisions of this Agreement.
IN WITNESS WHEREOF, this Agreement is executed on the dates set forth below to
be effective the ittday of , 2009.
WILLIAMSON COUNTY, TEXAS
By:
Name:
Title:
Date:
COUNTERPART SIGNATURE
JOINT ELECTION AGREEMENT
(WILLIAMSON COUNTY ENTITIES)
CITY OF ROUND ROCK
By:
Name:
Title:
Date:
414 W411,1W
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2.12.09