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R-10-02-11-8E3 - 2/11/2010RESOLUTION NO. R -10-02-11-8E3 WHEREAS, the City of Round Rock is contracting with Williamson County to conduct and provide election services on May 8, 2010; and WHEREAS, other political subdivisions within the County have contracted or are contracting with Williamson County to conduct and provide election services on May 8, 2010; 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 Resolution was adopted was posted and that such meeting was open to O:\waox\scclncs\0112\1005\McnvlcxPAL\00181679.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 llth day of February, 2010. ATTEST: WAA---• at SARA L. WHITE, City Secretary 2 ALAS MCGRAW, Mayor City of Round Rock, Texas EXHIBIT „AA„„„ 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(s) on from January 2010 through December 2014; 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 election from January 2010 through December 2014; 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 from January 2010 through December 2014. II. Appoint Election Officer The Participating Entities appoint the 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 any election from January 2010 through December 2014. 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. 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 elections from January 2010 through December 2014. 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 day of , 2010. HERE WILLIAMSON COUNTY, TEXAS By: Name: Title: Date: COUNTERPART SIGNATURE JOINT ELECTION AGREEMENT (WILLIAMSON COUNTY ENTITIES) INSERT POLITICAL SUBDIVISION By: Name: Title: Date: DATE: February 4, 2010 SUBJECT: City Council Meeting— February 11, 2010 ITEM: 8E3. Consider a resolution authorizing the Mayor to execute a Joint Election Agreement with Williamson County Participating Entities. Department: Staff Person: Justification: Administration Sara White, City Secretary Williamson County has contracted or will be contracting with other entities to conduct and provide election services for all upcoming elections. This agreement allows the City to share the election equipment, officials, precinct polling locations and election ballots, where appropriate, with other entities. Sharing all aspects of the election also reduces the cost of the election for each entity and prevents voters from having to go to various locations to vote. A change this year is that this agreement is now a multi-year agreement good through December 2014 which will eliminate the need to sign a new agreement each year Strategic Plan Relevance: N/A Funding: Cost: Included in the cost of the election through the Contract for Election Services Source of funds: General Fund Outside Resources: Williamson County Elections Public Comment: N/A 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(s) on from January 2010 through December 2014; 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 election from January 2010 through December 2014; 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 from January 2010 through December 2014. II. Appoint Election Officer The Participating Entities appoint the 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 any election from January 2010 through December 2014. 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. R-10- v2 -I(-3 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 elections from January 2010 through December 2014. 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 ft -day of fltaY 4 1. , 2010. HERE WILLIAMSON COUNTY, TEXAS By: Name: Gtl/l IM4(VU VO Title: Vkt.A1i cry" Date: • t. l (� COUNTERPART SIGNATURE JOINT ELECTION AGREEMENT (WILLIAMSON COUNTY ENTITIES) INSERT POLITICAL L : DIVISION By: Name: Title: Date: