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Res 029-99 4/6/1999RESOLUTION NO.01,6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WICHITA COUNTY TO USE THEIR PUNCH CARD VOTING SYSTEM; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City Manager is hereby authorized to execute an agreement with Wichita County for the City to use at all City elections the punch card voting system owned by Wichita County. A copy of this agreement is attached hereto as Exhibit A. SECTION 2.. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 6th day of April, 1999. ATTEST: City Clerk W STATE OF TEXAS § COUNTY OF WICHITA § AGREEMENT TO USE PUNCH CARD VOTING SYSTEM The City of Wichita Falls and Wichita County hereby agree as follows, for the City of Wichita Falls to use the punch card voting system owned by Wichita County for City elections. More particularly, the City of Wichita Falls agrees to lease the punch card voting machines and to provide and pay election workers and the incidental expenses of the election as follows: 1. The City will lease up to one hundred (100) punch card voting machines at Three ($3.00) Dollars per machine. 2. The County will prepare the above punch card voting machines for use at the polls at a reasonable cost not to exceed One Hundred ($100.00) Dollars. In the alternative, the City may prepare the voting machines for use in the City election using its own personnel at its own expense, provided prior arrangements have been made for same which are satisfactory to the County Clerk of Wichita County, Texas. 3. In accordance with the Texas Election Code, the Wichita Falls City Council or the Wichita County Commissioners Court shall appoint a Tabulation Supervisor and a Manager of the Central Counting Station. 4. The Manager of the Central Counting Station and the City Clerk shall appoint the election workers needed at the Central Counting Station to assist in the processing of the election results. 5. All election workers provided herein shall be registered voters and residents of the City of Wichita Falls, Texas; however, two may be Wichita County residents, and shall be paid directly for their services by the City of Wichita Falls in accordance with the scale adopted by the City Council and in effect at the time of the election. 6. The City Council shall appoint a presiding judge for the Central Counting Station who shall be paid by the City of Wichita Falls in accordance with the pay scale in effect at the time of the election. 7. All materials necessary for the conduct of the election shall be ordered and paid for by the City of Wichita Falls, Texas. It shall be the responsibility of the City to receive and see that such materials are on hand and are appropriately distributed in time for use in the election. Such materials shall remain the property of the City of Wichita Falls, and the City assumes all responsibility for proper disposition of said materials following the conclusion of the election. 8. City agrees to release and hold harmless the County from any and all claims, demands or causes of action for injury or death arising out of the use of the punch card voting machines while in the possession of the City. 9. City further agrees to release and hold harmless the County from any claim or cause of action asserted by any candidate or other individual alleging the election outcome was affected by the use of the punch card voting machines. 10.This agreement shall be renewed automatically each year unless either party notifies the other in writing at least ninety (90) days prior to the date of the election for which said equipment would otherwise be needed. This agreement entered into by the City of Wichita Falls and Wichita County this the day of April, 1999. Attest: Attest: City Clerk County Clerk M City of Wichita Falls, Texas City Manager Wichita County, Texas County Judge STATE OF TEXAS § COUNTY OF WICHITA § AGREEMENT TO USE PUNCH CARD VOTING SYSTEM The City of Wichita Falls and Wichita County hereby agree as follows, for the City of Wichita Falls to use the punch card voting system owned by Wichita County for City elections. More particularly, the City of Wichita Falls agrees to lease the punch card voting machines and to provide and pay election workers and the incidental expenses of the election as follows: 1. The City will lease up to one hundred (100) punch card voting machines at Three ($3.00) Dollars per machine. 2. The County will prepare the above punch card voting machines for use at the polls at a reasonable cost not to exceed One Hundred ($100.00) Dollars. In the alternative, the City may prepare the voting machines for use in the City election using its own personnel at its own expense, provided prior arrangements have been made for same which are satisfactory to the County Clerk of Wichita County, Texas. 3. In accordance with the Texas Election Code, the Wichita Falls City Council or the Wichita County Commissioners Court shall appoint a Tabulation Supervisor and a Manager of the Central Counting Station. 4. The Manager of the Central Counting Station and the City Clerk shall appoint the election workers needed at the Central Counting Station to assist in the processing of the election results. 5. All election workers provided herein shall be registered voters and residents of the City of Wichita Falls, Texas; however, two may be Wichita County residents, and shall be paid directly for their services by the City of Wichita Falls in accordance with the scale adopted by the City Council and in effect at the time of the election. 6. The City Council shall appoint a presiding judge for the Central Counting Station who shall be paid by the City of Wichita Falls in accordance with the pay scale in effect at the time of the election. 7. All materials necessary for the conduct of the election shall be ordered and paid for by the City of Wichita Falls, Texas. It shall be the responsibility of the City to receive and see that such materials are on hand and are appropriately distributed in time for use in the election. Such materials shall remain the property of the City of Wichita Falls, and the City assumes all responsibility for proper disposition of said materials following the conclusion of the election. 8. City agrees to release and hold harmless the County from any and all claims, demands or causes of action for injury or death arising out of the use of the punch card voting machines while in the possession of the City. 9. City further agrees to release and hold harmless the County from any claim or cause of action asserted by any candidate or other individual alleging the election outcome was affected by the use of the punch card voting machines. 10.This agreement shall be renewed automatically each year unless either party notifies the other in writing at least ninety (90) days prior to the date of the election for which said equipment would otherwise be needed. This agreement entered into by the City of Wichita Falls and Wichita County this day of April, 1999. Attest: City Clerk Attest: County Clerk City of Wichita Falls, Texas Wichita County, Texas County Judge