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Res 021-2012 3/20/2012 RESOLUTION NO. _21-2012_ Resolution Authorizing The City Manager to Execute An Agreement With The Wichita County Water Improvement District No. 2 And City Of Wichita Falls To Conduct A Joint Election On May 12, 2012 WHEREAS, the City of Wichita Falls (City) and Wichita County Water Improvement District No. 2 (WID2) will hold elections on May 12, 2012 and, WHEREAS, it is the desire of the WID2 to conduct a joint election with the City of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Joint Election Agreement The attached between the City of Wichita Falls and the Wichita County Water Improvement District No. 2 is hereby approved, and the City Manager is authorized to execute the same for the City, with such changes as are approved by the City Attorney. th PASSED AND APPROVED this the 20 day of March, 2012. ______________________________ M A Y O R ATTEST: ____________________ City Clerk JOINT ELECTION AGREEMENT This agreement is made and entered into this ___ day of March, 2012 between the City of Wichita Falls (“City”) and the Wichita County Water Improvement District No. 2 (WID2) to conduct a joint election. I. JURISDICTION The City plans to hold a City Council Election on May 12, 2012. WID2 will be holding its general election as well on May 12, 2012. The early voting part of the WID2 election will be held at Memorial Auditorium. II. ADMINISTRATION The City of Wichita Falls Elections Administrator agrees to coordinate, supervise and handle all aspects of administering the early voting part of the WID2 election in accordance with the provisions of the TEC and as outlined in this agreement. WID2 agrees to pay the City for all equipment, EXAS LECTION ODE supplies, personnel, services and administrative costs as outlined in this agreement. The City of Wichita Falls Elections Administrator will serve as joint early voting clerk. III. LEGAL DOCUMENTS Each participating authority will be responsible for preparation, adoption and publication of all required election orders, resolutions, notices and any other pertinent documents required by their respective governing bodies. WID2 will be solely responsible for making all required submissions required by the Federal Voting Rights Act of 1965, as amended, with regard to administration of WID2’s election. Preparation of necessary bilingual materials for notices and preparation of the text for the official ballot for the WID2 election will be the sole responsibility of WID2. IV. VOTING SYSTEM Paper ballots will be used to conduct this election. Electronic tabulating devices and equipment will be used to tabulate the ballots. All equipment and ballots for each election will be supplied by each participating entity. Wichita County is expected to provide an ADA-certified voting machine for use by persons requesting such assistance. WID2 will pay for the entire cost of said machine. V. VOTING LOCATIONS This agreement is only for the performance of early voting. Early voting for this election will be held at the Wichita Falls Memorial Auditorium, 1300 Seventh Street, Wichita Falls, Texas VI. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL The City of Wichita Falls’ Elections Administrator will conduct a training class for the election workers on the election laws and procedures. The instructional class will be held at the Wichita Falls Memorial Auditorium, 1300 Seventh Street, Wichita Falls, Texas 76301, on date(s) to be determined by the Wichita Falls Elections Administrator. VII. SUPPLIES AND PRINTING Each party to this agreement will provide its own ballots and other election supplies. VIII. BALLOT TABULATION AND RETURNS OF ELECTION The City will not be responsible for tabulation of any ballots or votes for WID2. The City will deliver the ballots to the central counting station, located at the Wichita County Courthouse. WID2 will be responsible for securing its election records from the City as required by law. IX. RECORDS OF ELECTION WID2 will use a segregated ballot box and separate voting machine for early voting. Accordingly, WID2 will maintain control over its records of election pursuant to Section 271.010 of the T EXAS EC.The City will provide all WID2 election records to the General Manager for WID2, who LECTION ODE is the custodian of election records for WID2. X. ELECTIONS EXPENSES WID2 will pay for the entirety of its cost of early voting, plus an administrative fee as provided herein. All invoices will be sent directly to WID2 for payment. Any election judges or other personnel hired by the City to conduct the WID2 early voting will be reimbursed to the City within 30 days of invoice therefore. In addition, to compensate for the time of the City Clerk, in addition to the payment of all costs of its election, WID2 shall pay the City an administrative fee of $1,000 for the conduct of early voting at Memorial Auditorium. WID2 shall further pay for the part of the cost of personnel and supplies for the Early Voting Ballot Board not paid by the school districts that are utilizing said ballot board. XI. EARLY VOTING Lydia Ozuna, City Clerk, will be appointed as joint early voting clerk in compliance with Section 271.006 of the TEC. Other deputy early voting judges/clerks will be appointed as EXAS LECTION ODE needed to process early voting mail and to conduct early voting at the main location. Early voting by personal appearance will be conducted in accordance with the election order of the participating authorities. EARLY VOTING POLLING PLACE Wichita Falls Memorial Auditorium 1300 Seventh Street Wichita Falls, Texas 76301 All requests for early voting ballots by mail that are received by participating authorities will be delivered by the most efficient means on the day of receipt to the City of Wichita Falls, City Clerk’s Office, Room 104, 1300 Seventh Street, Wichita Falls, Texas 76301, for processing. Persons voting by mail will send their voted ballots to the City of Wichita Falls, City Clerk’s Office. All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in accordance with Chapter 87 of the TEC. EXAS LECTION ODE XII. CONTRACT WITHDRAWAL Any participating authority that certifies their election in accordance with Section 2.051, 2.052, and 2.053 of the TEC, may withdraw from the joint election contract. Any expenditure EXAS LECTION ODE incurred prior to withdrawal shall be billed separately and that contracting authority shall be removed from the contract. th Approved by the Wichita Falls City Council on the __20 ____ day of __March______, 2012. Executed on __________________, 2012. City of Wichita Falls, Texas By: _________________________ Darron J. Leiker, City Manager ATTEST: _______________________ Lydia Ozuna, City Clerk Accepted and Agreed to by the Wichita County Water Improvement District No. 2 Board of Directors on the _______ day of ______________________, 2012. Approved: By: __________________________________ Board President ATTEST: _______________________ Secretary