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Res 062-2007 4/17/2007 . � RESOLUTION NO. ' d� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WICHITA COUNTY FOR A JOINT ELECTION ON MAY 12, 2007; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichita Falls and Wichita County will each have an election on May 12, 2007; and WHEREAS, it is the desire of the County for the City of Wichita Falls to conduct its Constitutional Amendment Election (for the purpose of submitting to the voters a proposed Constitutional amendment authorizing the Legislature to provide for a reduction of the limitation on the total amount of ad valorem taxes that may be imposed for public school purposes on the residence homesteads of the elderly or disabled to reflect any reduction in the rate of those taxes for the 2006 and 2007 tax years) within the boundaries of the City of Wichita Falls. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The attached Letter of Agreement between the City of Wichita Falls and Wichita County, detailing the agreement for the City of Wichita Falls to conduct Wichita County's Constitutional Amendment Election within the boundaries of the City of Wichita Falls, is hereby approved. The City Manager is authorized to execute the same for the City. 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 17 day of April, 2007. c MA OR TTEST: Clerk March 22, 2007 The Honorable Woody Gossom Wichita County Judge Wichita County Courthouse 900 Seventh Street Wichita Falls, Texas 76301 Re: 2007 City-County Joint Election Dear Judge Gossom: This Letter Agreement shall memorialize the understanding between the City of Wichita Falls ("City") and Wichita County ("County") for the joint City-County election to be held on May 12, 2007. • The City Elections Administrator will coordinate, supervise and handle all aspects of administering the joint election within the city limits of the City of Wichita Falls, in accordance with the provisions of the TEXAS ELECTION CODE. The City and County agree to each pay 50% for all expenses in holding the election, except that the County shall pay for all election expenses incurred for or attributed to election activities outside the corporate limits of the City. • The City and County shall each 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. • The City will be responsible for making the submission required by the Federal Voting Rights Act of 1965, as amended, with regard to administration of the joint election. • The City and County agree that voting at the joint election will be by use of the iVotronic Voting System (Direct Recording Electronic [DRE]) equipment approved by the Secretary of State and provided by the County. Electronic tabulation devices and equipment will be used to tabulate the ballots. • The City will be responsible for the appointment of the presiding judge and alternate for each polling location, and also for the appointment of the early voting ballot board. The City and County shall employ the number of election clerks necessary to conduct the election, and each shall be paid Nine ($9.00) Dollars per hour. The election judge will receive an additional Twenty-Five ($25.00) Dollars for picking up the election supplies prior to election day, and for delivering election returns and supplies to the designated drop-off sites. The City Elections Administrator will conduct a training class for the election warkers on election laws and on the use of the iVotronic voting devices. The election judges are responsible for picking up election supplies at the time and place determined by the City Elections Administrator. • The City will arrange for all election supplies and election printing, including but not limited to, all forms, signs and other materials used by the election judges at the voting locations. • Beginning April 2, 2007, the County will provide a clerk to assist in the election preparation for up to twenty (20) hours per week. • The City and County shall each be responsible for the tabulation of their ballots, and the tabulation of their early votes at the central counting station. • Lydia Ozuna, City Clerk/Elections Administrator, shall serve as the appointed general custodian of the voted ballots and all records of the joint election, as authorized by Chapter 271, TEXAS ELECTION CODE. Records of the election will be retained and disposed of in accordance with the provisions of Title VI, Subtitle C, and Chapters 201 through 205 of the TEXAS LOCAL GOVERNMENT CODE. • Lydia Ozuna, City Clerk, shall serve as the early voting clerk, in compliance with Section 271.006 of the TExAS ELECTION CODE. Other deputy early voting judges/clerks shall be appointed as needed to process early voting mail and to conduct early voting. • In the event of any conflict between this agreement and any prior agreement for election services, this agreement shall prevail. Please indicate Wichita County's agreement to the terms listed above by your signature. If you have any questions regarding this letter agreement, please feel free to contact Lydia Ozuna or Bill Sullivan. Very truly yours, Darron J. Leiker City Manager, City of Wichita Falls Agreed and Accepted: Woody Gossom Judge, Wichita County