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HomeMy WebLinkAboutR16-354336 RESOLUTION NO. R16-354 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, HALE COUNTY, TEXAS PROVIDING FOR A JOINT ELECTION AGREEMENT BETWEEN THE CITY OF PLAINVIEW AND PLAINVIEW INDEPENDENT SCHOOL DISTRICT; DESIGNATING THE MAYOR TO SIGN ON BEHALF OF THE COUNCIL SUCH AGREEMENT BETWEEN BOTH GOVERNMENTAL ENTITIES STATED HEREIN; AND AUTHORIZING THE CITY SECRETARY TO MAKE NECESSARY CHANGES TO CARRY OUT PURPOSE OF RESOLUTION. WHEREAS, the City of Plainview and Plainview Independent School District are required to conduct elections on Saturday, May 7, 2016; and WHEREAS, Section 271.002 of the Texas Election Code provides for joint elections when an election is required upon the same day by two or more political subdivisions occupying all or part of the same territory; and WHEREAS, Section 11.0581 of the Texas Education Code requires the election to be held on the same day as a municipality in the school district; and WHEREAS, the City Council desires to conduct joint elections whenever possible within Hale County or with such governmental units of Hale County as are eligible; and WHEREAS, the City Council further finds that the best interest of the citizens residing in each of the political subdivisions is being served by having a joint election on May 7, 2016, pursuant to the above cited provision of the Election Code. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: 1. A joint election of the City of Plainview and Plainview Independent School District shall be held on May 7, 2016, under the provisions of the Texas Election Code and other applicable laws. 2. Such joint election shall be conducted in accordance with the Joint Election Agreement Between City of Plainview, Texas and Plainview Independent School District, attached hereto and incorporated herein. 3. The Mayor is hereby authorized and directed to execute, respectively on behalf of the City of Plainview, all necessary documents, including the Joint Election Agreement Between City of Plainview, Texas and Plainview Independent Res. R16- 354 Joint Election May 2016 Page 1 School District, for election services and otherwise take any actions as may be necessary to carry out the purpose of this Resolution. 4. The Joint Election Agreement shall be deemed an Agreement authorized by this Resolution with those governmental units within the City of Plainview that are conducting an election on May 7, 2016, and that desire and are eligible to conduct a joint election with the City of Plainview on May 7, 2016. 5. The City Secretary is hereby authorized and directed to make any necessary changes to the Election Notice/Order or otherwise to take such actions as may be necessary to carry out the purposes of this Resolution. PASSED and APPROVED this 9th day of February, 2016. ATTEST: Belinda Hinojosa, City Stary APPROVED AS TO CONTENT: Jeffrey ' ity anager APPROVED AS TO FORM: 0)-U--20—/Wrii lie Spear Sc midt, City Attorney Wendell Dunlap, Mayor Res. R16- 354 Joint Election May 2016 Page 2 337 3.3.7x1 THE STATE OF TEXAS COUNTY OF HALE § JOINT ELECTION AGREEMENT BETWEEN CITY OF PLAINVIEW, TEXAS AND PLAINVIEW INDEPENDENT SCHOOL DISTRICT This Agreement made by and between the City of Plainview, Texas, hereinafter referred to as the "City", a Home -Rule municipal corporation, and Plainview Independent School District, a political subdivision organized under the school laws of the State of Texas, hereinafter referred to as the "District" and by the authority in Subchapter D, Section 31.091 of Chapter 31 of the Texas Election Code for the coordination, supervision, and conducting of the District's and the City's election, May 7, 2016, Joint General & Special Election, for their respective elected officers. RECITALS The Texas Education. Code § 11.0581 requires that a joint election be held either on the same date as the municipality's election or the general election. The District is holding an election for the purpose of electing trustees of the District on May 7, 2016. The City is holding an election for the purpose of electing City officials on May 7, 2016. Therefore, the District desires to hold its election with the City. The election precincts of the District, which lie within the jurisdictional limits of the City of Plainview have been established and may be re-established by the District as its election precincts pursuant to Section 42.061 of the Texas Election Code. The City and District desire to use the County's electronic voting system in their election with each governmental entity leasing its own system from Hale County for the voters in this election. Hale County will make available to the City and the District a direct recording electronic voting system, which has been duly approved by the Secretary of State pursuant to Texas Election Code, Chapter 122, as amended, and the necessary voting equipment will be separately leased and used by each respective govemmental entity. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The District and the City will each appoint their own Elections Administrator who shall coordinate and supervise all aspects of administering the election for the 337$ governmental entity in which they were appointed as provided in this Contract. The Elections Administrators shall serve as the Administrator for the election of the entity which appointed them. Similarly, each entity shall appoint its own election judge to preside over their respective elections, and any costs associated with such judge shall be paid by the entity that appointed such election judge. II. LEGAL DOCUMENTS The City and the District shall each be responsible for their own respective goveming bodies in the preparation, adoption, and publication of all required election orders, resolutions, notices, justice department submissions, official canvass, and any other pertinent documents required by the Texas Election Code and/or its goveming bodies. Each political subdivision shall prepare the ballot for its own election and conduct a "drawing for place on the ballot," for its own election at a location and time of its own choice. The official canvassing of ballots and announcements of results shall be done individually by each goveming body, and each political subdivision shall issue its own certificates of election to the candidates elected to that political subdivision. Preparation of the necessary bilingual materials for notices and the language of the official ballot shall also be the responsibility of each party. Each party shall provide a copy of its Election Order and Notice to the Elections Administrator for the other party. III. VOTING LOCATIONS It is agreed that each entity will conduct its own early voting at its own early voting polling locations. Each entity shall be individually responsible for early voting by mail in their respective elections. Each governing body shall further designate common precinct boundaries and voting places as is practical and expedient. IV. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL The City and the District will each appoint their own Election Judges, Alternate Election Judges, Election Clerks, Central Counting Station Judges, Tabulations Supervisors, and Judges for the Early Voting Balloting, and such election Judges and personnel shall work solely for the entity in which appointed them. It is agreed by the City and District that, at all times and for all purposes hereunder, all election judges, clerks, and all other employees involved in this election are independent contractors and are not employees or agents of the other party. No statement contained in this Contract shall be construed so as to find any judge, clerk, or any other election personnel an employee or agent of the City or District, and all election personnel shall be entitled to none of the rights, privileges, or benefits of the 7 337C other's employees except as otherwise may be stated herein, nor shall any election personnel hold himself out as an employee or agent of the other party. V. SUPPLIES AND PRINTING The Elections Administrators shall arrange for all election supplies and printing for the respective entity for which they were appointed. VI. EARLY VOTING Each party agrees to appoint their own Early Voting Clerk in accordance with Section 31.097 of the Texas Election Code. Each party further agrees that City Hall located at 901 Broadway, Plainview, Texas, will be the early voting location for the City, and the District's Administration Building located at 912 Portland, Plainview, Texas, will be the early voting location for the District. It is agreed that early voting by personal appearance will be held for seven (7) days for both entities. Each Elections Administrator shall be responsible for receiving and tabulating the voted ballots for their respective political entities. VII. ELECTION EXPENSE AND ALLOCATION OF COSTS The parties each agree to bear the burden of the cost of their own election. VIII. EXCUSAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION' Either party may cancel its election as permitted by Texas Election Code § 2.051. In the event of cancellation, the canceling party is relieved from its joint election obligations under this Agreement, unless otherwise set forth herein. IX. RECORDS OF THE ELECTION An Elections Administrator shall be appointed by each governmental entity as herein stated at Section I. The Elections Administrator is hereby appointed general custodian of the voted ballots and records of the election for the entity appointing them as authorized by Section 36.096 of the Texas Election Code. Access to the election records shall be available to the District and to the City as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator, who shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investiwation, litigation, or open records 3 337D request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each party to bring to the attention of the Elections Administrator of the other party any notice of pending election contest, investigation, litigation or open records request which may be filed with either party. The Elections Administrator of each entity shall notify the District and the City of the planned destruction of any records of the election prior to the destruction of the records. X. SPECIAL ELECTIONS It is agreed that this contract shall include any special election(s) to be called by either party if the other party is also holding an election. Xl. RECOUNTS A recount may be obtained, as provided by Title 13 of the Texas Election Code. Each party agrees that any recount shall take place at the offices of their appointed Elections Administrator, and that their Elections Administrator shall serve as Recount Supervisor and theofficial of that party performing the duties of a secretary under the Texas Election Code or its lawful designee shall serve as Recount Coordinator. XII. MISCELLANEOUS PROVISIONS (1) An executed copy of this Agreement shall be preserved by each party for the period for preserving the precinct election records, as required by the Texas Elections Code §271.002(c). (2) The City and the District agree that under the Constitution and laws of the State of Texas, neither the City nor the District can enter into an agreement whereby either party agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any, to indemnifying or holding or saving harmless for any reason are hereby deleted. (3) This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Plainview, Hale County, Texas. (4) In the event one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. (5) All parties shall comply with all applicable laws, ordinances and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. (6) The waiver by any party of a breach of any provision of this Contract shall not operate as or be construed as a waiver of any subsequent breach. (7) (8) Any amendment of this Contract shall be of no effect unless in writing and signed by all parties hereto. This Contract, its multiple originals all of equal force, has been executed on behalf of the parties and shall be binding upon execution of this document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized representatives in duplicate, each of equal force, and has been executed on behalf of the parties. CITY OF PLAINVIEW, TEXAS By: Mayor Date Signed:_ 901 Broadway Plainview, Texas 79072 5 PLAINVIEVV INDEPENDEN, SCHOOL DISTRICT By: President, Boa d • Trustees Date Signed: 3 -Fs'- / ot7 912 Portland Plainview, Texas 79072 337E